How do police gather evidence for an arrest? Police must have probable cause, or a lawful reason, to arrest you for a crime. It also requires law enforcement to produce evidence that speaks to their reasoning under the Fourth Amendment of the U.S. Constitution. They obtain it by investigating crime scenes, collecting statements, and engaging in interrogations.
In This Article
A criminal defense lawyer serving Bernalillo, New Mexico discusses why police conduct pre-arrest investigations, how the process starts, types of evidence collected, investigation timelines, and more.
What Is the Purpose of a Pre-Arrest Investigation?
The purpose of an investigation objective is to obtain evidence that identifies a suspect and establishes probable cause. It also assists prosecutors in determining whether or not they should file charges against the individual. Investigatory techniques and methods vary according to the case’s facts, but they generally obtain evidence similarly.
Related Article: How to Find Out If Someone You Know Is Arrested
What Types of Evidence Do Police Collect?
Police investigations start after receiving a complaint that a potential offense has occurred. Typically, the complaint comes from eyewitnesses or victims, prompting the police department to investigate. Depending upon the facts and nature of the crime, the police might not contact you right away and decide to collect physical evidence instead.
There are four primary sources of physical evidence during a pre-arrest investigation as outlined below:
Source 1. Crime Scene Investigations
Detectives will seek physical evidence to substantiate allegations in the initial complaint or police report. They receive extensive training to conduct detailed observations of a crime scene. Physical evidence can include weapons, bloodstains, footprints, photographs, DNA, video, and more, with the intent of producing a report.
Physical evidence quality can degrade if mishandled by law enforcement. Detectives and investigators must collect and preserve it properly. Otherwise, your criminal defense lawyer could have it deemed inadmissible at trial.
Source 2. Interrogations
Interviews are another technique that law enforcement may use to investigate a crime. Investigators typically separate witnesses’ from one another when issuing statements since their responses can influence each other. The objective should be to amass as much information as possible.
Investigators may also interview the alleged perpetrator to learn more about their role in the offense. As with other aspects of the investigation, law enforcement must avoid violating an individual’s constitutional rights during an interrogation. As soon you know that police are investigating you, you should contact a criminal defense lawyer as quickly as possible.
Source 3. The Obtaining and Execution of Search Warrants
Law enforcement may further their investigation through the use of Search warrants. The obtaining and executing of Search warrants may be important to obtain additional evidence relevant to the investigation. A search warrant must be based on probable cause presented to a judge and be limited in scope.
Law enforcement may use search warrants to further an investigation and obtain access to search crime scenes, homes, DNA, cell phone records, telephone calls, cell phone content, social media content, and on some occasions cell phone locations. If you or your property become the subject of a search warrant, contact a criminal defense lawyer immediately.
Source 4. Undercover Investigations
Law enforcement may conduct an undercover investigation of a crime. This technique typically involves officers concealing their identity to observe individuals suspected of criminal activity. After establishing probable cause, law enforcement will present the evidence to a judge to obtain an arrest warrant after an undercover investigation concludes with the judge having the final say over the outcome.
How Long Can Police Investigate You in New Mexico?
The law period police can investigate you as long as the criminal statute of limitations allows in New Mexico. The criminal statute of limitations indicates how much time prosecutors have to file charges against you. Applicable time amounts depend upon the charges you are facing.
For example, capital and first-degree felonies carry no statute of limitations. In contrast, other felonies and misdemeanors could last between one (1) and six (6) years from the offense’s date.
Law enforcement rarely announces when they close a case or no longer consider someone a suspect. There are some exceptions where investigators inform the individual’s legal counsel when an investigation is complete but not typically.
Related Article: What Is the Statute of Limitations in New Mexico For Crimes?
What to Do If Law Enforcement Wants to Ask You Questions
Investigated people often wonder whether they should return a police officer’s phone call and speak with them. We strongly caution you to resist the urge to call them back and explain your side of things. Doing so is rarely in your or your loved one’s best interests since innocent or innocuous statements can come back to haunt your case later.
“Anything you say can and will be used against you in a court of law.”
This sentence of the Miranda Warning is one that police officers must read to suspects before interrogating them in custody. As such, any statement you make after being Mirandized is admissible as evidence against you during criminal proceedings. Instead, invoke your legal right to remain silent, and hire representation before taking another step.
Related Article: What to Do If Police Call You in for Questioning
Don’t Find Out How Police Gather Evidence for an Arrest Alone
Even if the investigation does not yield formal charges, the value of early legal advice from an experienced New Mexico criminal lawyer is immeasurable. It is preferable to move forward with a plan earlier than to wait and see what happens. Proactivity can make a world of difference for individuals feeling scared, stressed out, and anxious over a criminal investigation.
Start with a Free Case Strategy Session
Do not delay if a police officer or detective wishes to speak with you or you become the subject of a search warrant. Contact an experienced and top-rated criminal defense attorney serving central and northern New Mexico. Call Grano Law Offices, P.C. now for a Free Case Strategy Session by calling (505) 426-8711 or message Marc A. Grano directly via the contact form below.
