Goal #2 Objective C

Objective C:
Without the use of the course text or class notes, the student will identify how the crime scene can be a source of information.

crime scene -
All areas over which the actors (victim, criminal and eyewitness) move during the commission of a crime.

The area of the crime scene can be relatively small or very large.

It can range from the interior of a car to a large open field to a building the size of the Federal Building in Oklahoma City after the 1995 bombing by Timothy McVeigh.

The crime scene has the potential to reveal both witness accounts and physical evidence from the commission of the actual crime.

The crime scene is the major opportunity to locate physical evidence, and it can never be recovered if lost.

There are three phases of crime scene management

Initial Notification and Response

Securing, Documenting, and Searching the Crime Scene

Disposition

Initial Notification and Response -
The initial notification of a crime normally comes from one of three sources

call-for-service

citizen report to an officer

self-initiated discovery by an officer

It important that, when possible, information about the date, time, and method of the initial report be recorded. Additionally, identifying information about the person reporting is also important for follow-up contact, as necessary. All of this may be useful information if an application for search warrant is necessary later.

When responding to a crime scene, safety is the first priority.

The safety priority

self

other officers and citizens

suspects

Initial Response -

The officer should attempt to determine if the crime is still in progress. If so, the officer should request an appropriate number of officers to secure the situation and attempt to apprehend the suspect according to the appropriate tactical patrol plan.

Determine if any suspect information should be transmitted to the patrol force (personal or vehicle description, direction of travel from the scene, etc.).

Isolate the crime scene. Make the isolated area as big as necessary, it is always easier to retract the boundaries of the scene than expand them. Limit access to those with responsibility for crime scene investigation.

Detain and separate any eyewitnesses so they cannot discuss their individual observations with each other.

Request aid for the injured.

Continue crime scene preservation until relieved or ordered to discontinue by an authority determined by department policy.

Securing, Documenting, and Searching the Crime Scene -

Securing the crime scene -

The size and features of the crime scene determine the protection measures to be used. In a small room, the posting of a guard may be sufficient to keep out unwanted intruders.

Outside crime scenes may be more complex. Physical barriers may need to be erected. Physical barriers include:

Yellow "crime scene" tape
ropes
stanchions
barricades

Additionally, guards may need to be posted to insure intruders do not by-pass the barriers. If guards are used, the person in charge of the investigation should insure an adequate relief factor so they can rest and be relieved at the end of their tour of duty.

The first responding investigator should note the following details for an investigative report and to possibly answer questions by defense counsel at trial.

overview of investigative details

Who made notification? What time did officers arrive? How long did it take the officers to arrive?

The weather conditions and visibility.

The names of the persons at the scene; in particular, the names of those who already went through the scene or any part of it.

The facts of the case as ascertained by the first officers at the scene.

Your observations of the scene and location of key items of evidence.

Subsequent actions on taking responsibility for the crime scene from the uniformed officer who was in charge up to that point.

Initial investigative walk-through -

The investigator should accompany the first officer on scene or officer in charge to the crime scene and have the officer point out significant observations and evidence observed. If possible, this should be done without actually entering the crime scene.

Generally, when law enforcement officers respond to the scene of a crime and discover that a crime has been committed they have several options:

If emergency circumstances require immediate action on the part of the officer to recover important evidence which will otherwise be lost, then the officer may generally retrieve that evidence. The urgency should be reflected in the officers report.

If no emergency circumstances exist, then the officer may ask for consent to search from a responsible party. If consent is granted then a Consent to Search Form (example on page 118) should be completed.

If no emergency circumstances exist and consent cannot be obtained, then the scene should remain secured and a search warrant should be obtained.

Crime scene search case law

Michigan v. Clifford

Michigan v. Tyler

Mincey v. Arizona

Michigan v. Clifford -
Investigators searched an arson fire scene five hours after the fire was put out, without consent or warrant. Incriminating evidence was recovered and used in the conviction. The US Supreme Court reversed the decision citing the need for a warrant five hours after the fire was put out.

Michigan v. Tyler -
Arson investigators conducted three separate searches of a fire scene. The first was one and one-half hours after the fire, but dense smoke caused the search to wait until four hours later (the second search). The third search was weeks later. Evidence from the first two searches was held admissible, but evidence from the third search was excluded.

Mincey v. Arizona - In Mincey, investigators were investigating the shooting death of an undercover police officer in the residence of the suspect. The police established a crime scene, conducted a thorough search of the scene and found evidence of other crimes. The police charged the suspect with those crimes as well and the court rejected it. The court recognized the need of the police to control the situation upon their arrival, and the need to establish a crime scene. But as soon as there was no more danger of evidence loss, removal or destruction, there was ample time to obtain a search warrant, particularly when evidence of other crimes was inadvertently discovered.

Search

Have the photographer periodically take unobtrusive photographs of the crime scene spectators. Many suspects have returned to crime scenes to act as spectators.

If the investigation has the possibility of going several shifts or more, establish a command post where investigators and crime scene technicians can assemble, coordinate investigative activities, rest, and store equipment and recovered physical evidence. The command post should be outside of the crime scene perimeter.

Start the crime scene search for evidence with the probable access and escape routes. Weapons and tools are frequently discarded during the escape.

Search any area that the criminal could have waited at or in prior to committing the crime.

The point of entry to the premises.

The route used in the crime scene by the criminal.

Any objects that seem to have received attention by the criminal
.
Some unusual places where evidence might be found (i.e., refrigerator, bathroom, etc.).

Crime Scene Search Patterns

Concentric (circular from outside in or inside out)

Strip Search (Area is divided into north-south strips. Each area is completely searched before moving to next area.)

Grid Search (Area is divided into north-south and east-west strips. This allows a secondary search of each area from a different direction.)

Zone Search (Divides the area, usually a room, into equal size zones. Each zone is assigned a searcher.)

Sector Search (Divide a large area into zones, then apply one of the other four search patterns to each zone.)

During the search, the crime scene and its condition should be recorded for later presentation into court.

Methods to Record The Crime Scene and its Condition

Photography

Sketching

Notes

Photography should be conducted before anything else is done to the crime scene. This preserves the scene in the condition it was found by officers. Crime scene photographs can refresh the memories of investigators and witnesses, as well as provide powerful evidence to a jury of what the crime scene was like and where evidence was located.

Photography is unsurpassed in the definition of detail, therefore the crime scene and all physical evidence should be photographed from all angles. Videotaping of the crime scene is acceptable as an enhancement to the photography process, but it is NOT a replacement for 35mm photographs of the crime scene.

Photographs should be taken in both black and white and color.

Cardinal Rules of Photography

Nothing moves until it is photographed!

Film is cheap -- you can't take too many crime scene photographs.

Photography Methods

Overlapping photography (Taking a series of photos in a circular or clockwise direction, overlapping each slightly to show the overall scene.)

Progressive photography (Starting from a fixed point, photograph each piece of evidence as the photographer moves toward it from the fixed point. The image progressively gets closer in the pictures.)

Once the scene has been photographed, the investigator will need to sketch the crime scene. The investigator will start with a rough sketch (See page 128) that contains depiction's and dimensions. The investigator doing the rough sketch will later produce a finished crime scene sketch (page 129), to scale. Templates (page 130) and software programs are available to assist with this task.

Types of crime scene sketches

Overhead Sketch (Often called the "birds-eye" view or the "floor-plan." Depicts the scene as you would see it in an aerial photograph.)

Exploded View Sketch (Called this because it resembles what would happen if you exploded the inside of the room and all the walls collapsed outward.)

Elevation Sketch (You are looking at the scene from the side.)

Perspective Sketch (Adds a third dimension to the scene. Require artistic talent and tend to distort the scene somewhat.)

Crime Scene Notes will contain:

Crime scene description

Location of physical evidence

Description of physical evidence and location found

Disposition of physical evidence

It is very important the search and crime scene recording be conducted in a manner that important physical evidence is not destroyed (e.g. walking across a tire print left by a suspect vehicle or stepping in blood) or contaminated (e.g. stepping on a cigarette butt left by the suspect or picking up an object possibly handled by the suspect).

COLLECTION AND PACKAGING PRACTICES

Do not remove trace evidence from the carrying object, instead send entire object to the lab.

Different items should be placed in separate packaging containers.
Similar items collected at separate locations should be placed in separate packaging containers.

Be prepared with a wide variety of packaging containers (e.g. plastic pill bottles, manila envelopes, glass vials, and cardboard pill boxes).

Be prepared with a variety of collection tools (forceps, tweezers, screw drivers, pliers, cotton swabs, saws).

Blood stained material should be air dried and placed in separate packaging that can breath. They should then be stored in an area with good ventilation.

Charred debris should be placed in an airtight container to prevent evaporation of petroleum residue.

chain of custody -
The sequence linking possession of the evidence from collection to disposition, including forensic examination and admission into court as evidence.

When the chain of custody of evidence is maintained, each piece of evidence (or it's container) is marked and a written record is kept on who handled or possessed the evidence.

Packaging and marking occurs at the crime scene at the time of collection.

Marking includes:

Collector's initials

Date of collection

Minimum marking on an evidence tag

Collector's initials

Location evidence was recovered from

Date of collection

Case report number

Once evidence is collected it's recovery should be documented in the investigator's notes and subsequent report.

An Evidence / Property Inventory Sheet lists all of the property recovered, along with a brief description of the property, any serial numbers, and property value.

Most evidence collection forms have sections to record transfers of evidence possession.
The number of persons handling evidence should be kept to an absolute minimum, since anyone handling the evidence may be called upon to testify in court on what they did with the evidence.

obtaining control standards -

Gathering a specimen to be used as a "known" regulator against an "unknown" specimen for comparison purposes.

When "unknown" samples or specimens are collected that are believed to belong to, or are believed transferred by, the suspect a "known" sample must be collected so forensic scientific analysis can determine if the "unknown" is different from the "known" specimen.

With hair, samples are collected from the victim and other persons lawfully present at the time of the crime. This can be done at a hospital. When hair is collect, an entire specimen needs to be collected including the root.

With paint, "known" paint samples are collected from "known" surfaces.

With blood, samples are collected from victims and other persons lawfully present at the time of the crime. This can be done at a hospital.

With soil, "known" samples are taken from areas around the area in question that contains the "unknown" substance.

With fingerprints, elimination fingerprints are collected from the victims and other persons who are lawfully in the area of the crime.

Protective measures should be taken at the scene of every crime to which the investigator responds. There is no way to tell when disease is present and when it is not without special equipment.

Guidelines issued by the International Association for Identification Safety Committee

Use equipment that provides a barrier protection.

Use equipment that covers your eyes, nose and mouth.

When touching evidence while wearing gloves, don't touch any equipment or personal possessions.

If there is the possibility of contamination to your clothes, use barrier protection for them as well.

If a part of your body becomes inadvertently exposed to a possible contaminant, clean the area with a water and bleach mixture, using 10% bleach, or use an antimicrobial soap or towelette.

Don't eat, drink, smoke, or apply make-up while at the crime scene.

Be alert for anything that could stick you.

Tools and containers are described in more detail on pages 139 and 140.

Additonally, Appendix A of your text gives FBI Suggestions for Packaging Physical Evidence.
Disposition -
Once all known evidence has been collected and packaged, and all other information has been collected from the scene (photographs, diagrams, and notes) a decision must be made on maintaining the crime scene or terminating the crime scene.

This decision will be based on an assessment by the investigator after reviewing evidence collected and the likelihood of anything else of investigative value being present.

If there is doubt, the investigator should maintain the perimeter with an officer present to maintain the integrity of the crime scene. This is an important consideration, just as in the O.J. Simpson investigation, investigators kept the crime scene until the criminal trial was over.

Once the decision has been made to drop the crime scene:

all equipment must be collected and returned

evidence must be transported to the evidence unit and/or the crime lab

all investigative reports must be collected from investigators and officers who were present

any court order or search warrant must be signed and returned to the court, along with a list of items seized under the authority of the warrant.

Continue to Goal #2 - Objective D.
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