UNIT OVERVIEW • Processing a Crime Scene • Evidence Team • Crime Scene Searches • Evidence Collection and Packaging • Chain of Custody Legal Precedent Physical Evidence Locard’s Exchange Principle Every contact leaves a trace! Whenever two objects come together they must affect each other in some way. Something is likely to be exchanged between them! Physical Evidence encompasses any and all objects that can establish that a crime has been committed or can provide a link between a crime and its victim or a crime and its perpetrator Secure and Isolate the Crime Scene •1st officer: •preserve and protect the area to greatest extent •Obtain medical attention •Preserve and protect evidence (isolate area) •Exclude unauthorized personnel (Every individual who enters is potential destroyer of evidence) •Designate Officer in Charge •Establish boundaries •Document site/Evaluate area •Collection of evidence Crime Scene Team A group of professionals trained in a variety of special disciplines Evidence Team members First police officer on the scene (Team Leader) Medics (if necessary) Photographer and Notetaker Sketch team Evidence Recovery Personnel Lab experts/specialists First Officer on the Scene - Team Leader Assume control and access scene Determine search pattern and assignments Coordinate with groups involved Continuously evaluate work Release Crime Scene Crime Scene Survey Walk-through—performed by the crime scene investigator, the first officer, and sometimes the lead detective Purpose: Mentally prepare a reconstruction theory Note any conditional evidence that could change over time Note environmental and weather conditions Note points of entry or exit, as well as paths of travel within the crime scene Record initial observations of who, what, where, when, and how Identify special needs within the crime scene for personnel, precautions, or equipment and notify superior officers or other agencies Recording the Scene Permanently record crime scene so original state is not lost Documentation is required for presentation at trial Photography Sketches Notes Documenting the Scene Taking Notes Must include detailed written description of scene with enough detail to refresh memory months later date, time, description of the location weather and environmental conditions description of the crime location of the evidence relative to other key points the names of all people involved modifications that have occurred and other relevant information Documenting the Scene Photography photos of entire scene and surroundings (overlap by 30%) mid-range to close-up photos with various angles of each piece of evidence Photograph evidence before it’s moved (including fingerprints, casts, etc.) Photograph evidence both in wide view (position at scene) and close-up (with scale) Photos as viewed by any witnesses All photos logged Videography allows for narration (non-subjective) and different perspectives but does NOT replace still photos Capture Crime Scene Wide angle lenses are used to distort the truth or emphasis it Details preserved Proper Technique (Courtesy of Phil Orlando) 38 Caliber and 44 Caliber Documenting the Scene Sketches (Rough and Finished) Inclusion of date, time, scale Reference points and distance measurements Names of investigators, victims, suspects A legend (key) Finished Sketch •Can be hand drawn or computer generated •Drawn to scale •Aesthetic appearance Crime Scene Searches Must be thorough and systematic Thorough search for evidence must be conducted immediately How investigation carried out depends on locale, size of area, actions of suspects & victim(s) at scene. Steps: One person supervises or coordinates collection of evidence Scene subdivided into segments Search may be geared outward or inward Areas searched must include all possible points of entry and exit Methods of Searching a Crime Scene Line or strip method Best in large, outdoor scenes Need many people to be most effective Must move slow and cover the area multiple times Grid Search Basically a double-line search Effective, but timeconsuming Can be done with fewer people Zone or quadrant method Most effective in houses, buildings, or large areas Teams are assigned zones for searching Usually based on floor plans or land areas Spiral method Best on small, circular crime scenes May move inward or outward Best used where there are no/limited physical barriers Evidence Recovery Personnel Describe evidence and location on container Package evidence separately Maintain chain of custody and evidence log Ensure proper safety of collection (e.g., infectious materials) What to think about? Who did it? What happened? When did it happen? How did it happen? Did it happen here or was another crime scene involved? Who is the victim? Why was this crime committed? What evidence is there to help prove the motive and the crime? Physical Evidence Includes Anything from massive objects to microscopic traces Evidence may be obvious, but some can only be detected through examination in the crime lab Examples: Victims clothing Fingernail scrapings Head and pubic hairs Blood (for DNA typing purposes) Vaginal, anal and oral swabs (in sex related) Recovered bullets from the body Hand swabs from shooting victims (for gunshot residue analysis) Collecting & Packaging Evidence The most fragile evidence is collected and packaged first. Different types of evidence require specific or special collection and packaging techniques. The type of container depends on sample (nothing wet in sealed plastic) Changes can occur through: Contamination Breakage Evaporation Accidental scratching or bending Loss through improper or careless packaging Types of Packaging Many items are packaged in a primary container and then a secondary one. Pill bottles, vials, manila envelopes, and plastic bags are good for most evidence. Trace evidence may be placed on a piece of paper which is then folded in a particular way called a “druggist’s fold.” Secondary containers such as paper bags, plastic bags, canisters, packets, or envelopes are used depending on the type and size of the evidence. How to maintain integrity of evidence Item kept in original condition as found Submit intact Blood, hairs, fibers, soil particles, etc should not be removed from garments, weapons or other items that bear them (send entire object for testing) Removal from large object (wall) using forceps and packaging Bloodstains: scraping, transferring to a moistened swab, cut out area of object bearing stain Biological evidence such as dried blood should be packaged in paper ~ Liquid blood can be collected in a glass tube but SHOULD NOT be frozen Packages should be sealed and marked with your initials and date collected ALL handlers are responsible for the integrity the evidence Chain of Custody: There must be a written record of all those who have had possession of an item of evidence, beginning at the time of collection (The first person who comes in contact with that evidence should fill out a chain of custody tag.) The evidence container must be marked for identification. The collector’s initials placed on the seal. If evidence is turned over to another person, the transfer must be recorded. Evidence submission to Laboratory Evidence submission forms must accompany all evidence Brief history of case Type of examinations requested List of items submitted for examination Obtain Standards/Reference Samples and Controls Examination of evidence requires a comparison with a control for verification Quality & quantity of reference samples lends weight to their value Safety Guidelines from the International Association for Identification Safety Committee Personnel wear a minimum of latex gloves (double gloved) and protective (Tyvek-type) shoe covers. Use of masks/respirators, goggles or face shields Be alert to sharp objects (knives, hypodermic needles, razor blades…) Maintain a red biohazard plastic bag for disposal of potential infectious materials Note taking done with non-contaminated gloves Soiled/torn protective equipment should be removed immediately and disinfected using recommended solutions (10% bleach) No eating or drinking aat the crime scene Personal clothing that may have been contaminated should never be taken home Legal Considerations at the Crime Scene “Unreasonable search and seizure” removal of evidence must conform to 4th amendment: “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizure, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” Allowances for Warrantless searches The existence of an emergency. The need to prevent the immediate destruction of evidence. In plain view A search of a person or property within the immediate control of the person provided it is made incident to a lawful arrest. A search made by consent of the person involved. Legal Precedent MINCEY v. ARIZONA (U.S. Supreme Court, 1978) Drug bust that went wrong and an undercover police officer was killed. Police spent 4 days searching and seizing evidence Mincey arrested and convicted. Supreme Court ruled evidence collected was inadmissible because it was not from a proper search and seizure. Evidence taken without proper authority is probably not legally admissible Michigan v. Tyler (U.S. Supreme Court, 1978) Building destroyed by fire was put out in early AM. Building left unsecured until 8 AM when a preliminary search was done (for cause of fire). Subsequent searches (at 4, 7, and 25 days) removed additional evidence. Tyler convicted of arson. However….Supreme Court overturned conviction. ◦ “…entry to fight a fire requires no warrant, and that once in the building, officials may remain there for a reasonable time to investigate the cause of the blaze. Thereafter, additional entries to investigate the cause of the fire must be made pursuant to the warrant procedures”