evidence/ crime scene

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EVIDENCE/ CRIME SCENE
Sgt. Natalizio
Detective McGuire
Village of Chester P.D.
EVIDENCE
What is Evidence?
Any item seized, taken, collected or otherwise obtained
by any member of the Village of Chester Police
Department which may implicate or clear a person(s)
of a criminal charge.
EVIDENCE
Non-evidence?
Property of no evidentiary value that comes into the
custody of a law enforcement agency (not known or
suspected of being pert of criminal investigation)
 Found property
 Inventoried property
 Property kept under a court order
EVIDENCE
What is Property?
Any item seized, taken, collected or otherwise obtained
by any member of the Village of Chester Police
Department which is evidence, found property, or
taken for safe keeping.
EVIDENCE
Evidence Officer:
Agency member(s) who are authorized by the Chief of
Police to be accountable for the control and
maintenance of all evidence accepted by or stored in
the Village of Chester’s evidence room(s).
EVIDENCE
Property and Evidence Management?
Processes, policies and procedures a law enforcement
agency follows when collecting, maintaining,
preserving and disposing of evidence and nonevidence.
EVIDENCE
Safe and secure property/ evidence storage
should be among the top priorities for any law
enforcement agency.
New York State Law Enforcement
Accreditation
EVIDENCE
New York State Law Enforcement Accreditation
Standard 7.1: Storage of Evidence
Standard 7.3: Inventory Control
Standard 51.4: Labeling Evidence
Standard 51.5: Transfer of Evidence
Chain of Custody
EVIDENCE
Chain of Custody?
Comprehensive document history indicating seizure,
custody, transfer, analysis and deposition of evidence.
EVIDENCE
Chain of Custody
 Assures continuous accountability
 Initiated by individual taking initial possession
 Must be chronological and completely documented
to withstand legal challenges of authenticity
 Protects individuals in contact with evidence
 Minimize individuals in chain
Temporary Storage
EVIDENCE
Temporary Storage?
Is the time period between which seized item(s) is left
at the station by an officer and the evidence officer
actually receives the item(s).
This time period could last from a few hours to a few
days.
EVIDENCE
Temporary Storage
 Must be a secure environment (theft/ tamper free)
 Restricted access
 Prevent cross-contamination
EVIDENCE
Temporary Storage
 Courts have ruled items placed in temporary storage
technically received by the evidence officer.
 Evidence stored in the property/ evidence room is
deemed to remain secure within the chain of
custody.
EVIDENCE
Temporary Storage
Special Designated Areas: DNA
 Refrigeration (liquid blood, urine, semen)
 Freezer (fecal material, vomit)
 Dry (bloody, wet material, swabs)
Long-term Storage
EVIDENCE
Long-term storage?
Is the maintenance and storage of property/ evidence
collected during an investigation.
EVIDENCE
Long-term Storage
Identify Storage Areas:
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High level security
Firearms
Controlled Substances
Currency
DNA
Hazardous/ Flammables
Perishables/ Food
Oversized/ bulky
Packaging
EVIDENCE
Packaging
Each type of evidence requires unique guidelines for
packaging and preservation.
EVIDENCE
Packaging
A container is properly sealed only if its contents
cannot readily escape and only if entering the
container results in obvious damage/ alteration to the
container or its seal.
EVIDENCE
Packaging
The actual seal itself must be sufficient to prevent the
possibility of the item(s) contained from being lost or
removed without altering the seal or from being
contaminated by outside sources so as to alter the
integrity of the evidence.
EVIDENCE
Sealing Forensic Evidence
 All seals must bear initials or identification of person
sealing evidence.
 Clearly mark hazardous material.
 Package material to prevent injury.
EVIDENCE
Controlled Substances/ Marijuana
 Package in clear plastic except for marijuana.
 Package to prevent loss and/ or cross-contamination.
 Keep drugs from different sources separate.
 Keep drugs separate from other types of property.
EVIDENCE
Marijuana/ Plant Material
 Place in paper bag.
 Mold (Aspergillus) health hazard.
EVIDENCE
Liquid Material
 Be cautious of liquids. They may be composed of
drugs, explosives, corrosives or dangerous material.
 Labels may/ may not describe material actually in
container.
 Package to prevent breakage/ leakage and label
containers accordingly.
EVIDENCE
Syringes
 Secure syringe to prevent exposure of needles.
 Commercially available sharps containers.
 Label as Biohazard.
EVIDENCE
Biological (DNA) Evidence
 Allow evidence to air-dry prior to packaging.
 Dry evidence in room with adequate ventilation.
 Clean drying area with 10% Bleach solution and
allow to dry completely.
EVIDENCE
Biological (DNA) Evidence
 Protect DNA evidence from heat, direct sunlight,
humidity.
 Refrigerate or freeze (tissue samples, condoms).
 Never freeze liquid tubes of blood.
EVIDENCE
Biological (DNA) Evidence
 Package DNA evidence in paper. Use plastic only for
organs, large amounts of liquid and tissue with
danger or penetrating paper.
 Seal paper container with tape.
EVIDENCE
Biological (DNA) Evidence
 Package each item separately.
 Use packaging larger than item.
 Package carefully to prevent stain transfer or
evidence damage.
EVIDENCE
Biological (DNA) Evidence
 Secure sharp items in cardboard box.
 Package swaps to allow drying and prevent cross-
contamination.
 Label item with warnings and hazards of contents.
EVIDENCE
Multi-media Digital Evidence
 Do not use packaging materials that produce static
electricity. Use bubble anti-static wrap.
 Package to prevent damage.
 Keep multi-media evidence away from magnetic
sources (radio transmitters, etc.)
EVIDENCE
Multi-media Digital Evidence
 Avoid folding, bending or scratching computer
media.
 Do not expose to environmental conditions.
 Keep evidence dry.
EVIDENCE
Questioned Documents Evidence
 Place evidence in plastic bag or paper envelope
without metal clasp.
 Label envelope prior to inserting evidence.
 Do not alter document.
 Package each document separately.
Right of Refusal
EVIDENCE
Right of Refusal
Evidence Officer will have the authority to refuse
property/ evidence due to:
 Improper packaging
 Incomplete documentation
 Hazardous material
Evidence
Right of Refusal
 Maintain proper chain of custody
 Protect personnel
 Provide consistency
 Safety
EVIDENCE
Right of Refusal
Memorandum of Property Refusal
Purging and Disposition
EVIDENCE
Purging and Disposition
 Will be standardized
 Follow policy
 Evidence Officer and Supervisor in charge of
evidence will be thorough in this topic
EVIDENCE
Evidence Procedures
EVIDENCE
 All property turned into the Evidence Officer that is
evidence in any complaint must have a completed
evidence/ property report with that property.
 Evidence and/ or recovered property may be
submitted at any time.
 Evidence and/ or recovered property must be placed
into evidence as soon as practical after the call.
EVIDENCE
 All property must be entered into IMPACT and the
proper forms must be filled out before the end of
shift unless otherwise approved by a supervisor.
 Property depending on its nature must be packaged
and marked in the proper containers.
EVIDENCE
 Employees are prohibited from storing items of
evidence, found property or safe keeping property in
their vehicles, desks, filing cabinets, work lockers,
homes or any her area other than areas defined in
this policy.
 Personal use of any items of evidence, found
property, or safekeeping property is strictly
prohibited.
EVIDENCE
 Items shall be placed in the temporary evidence
locker in which it fits.
 Items that cannot be stored in the temporary storage
lockers, contraband lockers, large evidence bay, or a
department approved impound lot, for vehicles, due
to size, danger of the items or any other reason will
be stored as advised by a supervisor or detective.
EVIDENCE
All items shall be labeled with:
 Description of the item, including make, model, serial #,
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color, or any other identifier.
Case #
Date and time of recovery
Source of the recovery
Location of recovery
Type of offense(s)
Name of suspect, owner, etc.
Name of victim
Name and shield # of securing witnessing officer
EVIDENCE
 Monetary items of evidence, found property or
property held for safekeeping (including currency,
coins, or foreign money) must have a currency
record form in addition to the evidence sheet.
 All monetary seizures whether they are evidence,
found property, or safekeeping property must be
verified by at least 2 officers.
EVIDENCE
 All firearms submitted for any reason will be left
unloaded with their action open.
 If an officer is unsure how to properly and safely
unload a particular firearm, or a firearm must be
unloaded due to the nature of the case, a certified
range officer or a supervisor shall be notified for
further assistance.
EVIDENCE
 All hypodermic needles, blood stained evidence, or
any other potentially hazardous item must be
handled and sealed as to prevent exposure or danger
to those who may process the items.
 Evidence which is wet must be packaged in paper
bags or containers that will allow it to air dry.
EVIDENCE
 Items which are hazardous, flammable will not be
placed into evidence without consulting with the
evidence officer, detective or supervisor.
 All DNA evidence shall be air dried prior to being
packaged, then placed in a paper bag or envelope.
Once packaged and labeled, DNA evidence should be
kept dry at room temperature and out of direct
sunlight.
EVIDENCE
 All blood/ urine kits must be submitted with a NYSP
Scientific Laboratory Evidence Submission form as
well as evidence sheet.
 The officer completing the offense/ incident report
via IMPACT shall make sure all property is properly
documented into the system.
 Found property which has little or no value such as
glasses, keys, etc., may be kept at the main desk in
case they are claimed and disposed of after 30 days.
EVIDENCE
Each time there is a transfer of custody of physical
evidence, documentation must include:
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The date and time of transfer;
The person’s identity who receives the evidence;
The reason for transfer;
The name and location of where the property
was transferred;
Any examination performed (if applicable)
CRIME SCENES
CRIME SCENES
What is a crime scene?
CRIME SCENES
VCPD Purpose and Policy
THE PRELIMINARY INVESTIGATION
CRIME SCENES
The Initial Response
Respond directly because…
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The suspect may still be at the scene
Injured persons may need emergency care
A dying person may have a confession or other
pertinent information to give
Weather conditions may change or destroy evidence
Someone may attempt to tamper evidence
CRIME SCENES
The Point of Arrival
 The scene may be either utter confusion or deserted.
 Regardless of the situation, officers must take charge
immediately and form a plan for proceeding.
 The actions the first responding officers take at a
crime scene can determine the value of evidence for
investigators and prosecutors.
CRIME SCENES
The Point of Arrival
People at a crime scene are usually excited,
apprehensive, cooperative, uncooperative or confused.
Therefore officers must be flexible and understanding.
CRIME SCENES
The Point of Arrival
Good judgment is essential because the greatest
potential for solving the case lies with those present at
the scene, even though many details may not be known
at this stage.
CRIME SCENES
The Point of Arrival
More decisions are made in less time at the point of
arrival than at any other stage in the investigation, and
this is when officers obtain the most leads for
subsequent action.
CRIME SCENES
The Point of Arrival
Circumstances at the scene often dictate what is done
first:
The priorities are:
Handle emergencies first
Secure the scene
Investigate
CRIME SCENES
Handling Emergency Situations
Sometimes emergency dictate procedure. An
emergency may include:
A dangerous suspect at or near the scene
A person seriously injured
CRIME SCENES
First Responding Officer
At a crime scene, the first responding officer is
responsible for the care of any injured persons and
initial protection of the scene.
CRIME SCENE
First Responding Officer
The first responding officer(s) may process the scene
of minor crimes or incidents by taking photos and
collecting evidence and documenting their actions in
the appropriate report.
However, in the event of more serious crimes or
incidents, a supervisor will be contacted.
CRIME SCENES
First Responding Officer
The officer will call others to assist, as needed,
however responsibility for the scene remains with the
officer who is assigned the call until a supervisor or
detective assumed responsibilities.
CRIME SCENE
First Responding Officer
Aid injured!
Secure scene!
Crime scene tape!
Notifications!
CRIME SCENES
LOCARD’S PRINCIPLE OF EXCHANGE
A basic forensic theory holding that objects that come
in contact with each other always transfer material to
each other.
CRIME SCENES
If a Dead Body is at the Scene
 A body at the scene may immediately become the center of
attention.
 If the victim is obviously dead, the body should be left just as
it was found and it and its surroundings protected.
 Identifying the body is not an immediate concern.
 Preserving the scene is more important because it may later
yield clues about the dead person’s identity, cause of death,
and suspect.
CRIME SCENES
Protecting the Crime Scene
 Securing the Crime Scene is a major responsibility of
the first officers that arrive.
 Everything of a non-emergency nature is delayed
until the scene is protected.
CRIME SCENES
Protecting the Crime Scene
 Officers should explain to bystanders that protecting the
crime scene is critical and that the public must be
excluded.
 Bystanders should be treated courteously but firmly.
 A delicate part of public relations is dealing with the
family of someone who has been killed or seriously
injured.
CRIME SCENES
Protecting the Crime Scene
Crime scene protection can be as simple as locking a
door to a room or building, or it can involve roping off
a large area outdoors with crime scene tape.
A guard should be stationed to maintain security with
a crime scene log.
CRIME SCENES
Protecting the Crime Scene
All necessary measures to secure the crime scene must
be taken. Including locking, roping, barricading and
guarding, until the preliminary investigation is
completed.
CRIME SCENES
Preliminary investigation may include:
 Question victims, witnesses and suspects.
 Conduct a neighborhood canvass.
 Measuring, photographing, and sketching the scene.
 Searching for evidence.
 Identifying, collecting, examining and processing
physical evidence.
 Recording all statements and observations in notes.
PRELIMINARY DEATH INVESTIGATIONS
CRIME SCENES
Preliminary Death Investigations
Every death investigation shall be considered a crime
scene.
Isolate and protect the crime scene from any intrusion
by non-essential personnel including officers not
directly involved in the crime scene investigation.
CRIME SCENES
Preliminary Death Investigations
Contact supervisor/ on-call supervisor who will then
contact the detective to respond to the scene.
Supervisor will also notify the Chief.
The detective will investigate all deaths that occur in
the Village of Chester.
CRIME SCENES
Preliminary Death Investigations
Crime scene log.
Identify witnesses.
Responding officers may conduct basic preliminary
questions but should normally defer interviews for
investigators.
CRIME SCENES
Preliminary Death Investigations
Detective will contact M.E.’s office.
The deceased body may be released to a mortuary if the
following conditions are met.
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The approval of the Orange County M.E. Office
There are no indicators of foul play, accident, suicide.
The deceased was under the on-going care of a physician
for life threatening disease or illness.
The physician agrees to sign the death certificate.
CAPTAIN Crime Scene Tech
CRIME SCENES
Crime Scene Tech:
 Brief with the detective or supervisor in charge
 Receive a thorough briefing from the officer in charge of
the crime scene.
 The Crime Scene Tech will be responsible for
photographing the scene of the incident and shall
photograph the entire crime scene thoroughly in
accordance with his training.
CRIME SCENES
Crime Scene Tech:
 The Crime Scene Tech will be responsible for
collecting, packaging, labeling, or otherwise
accounting for every item of evidence gathered at the
crime scene.
 Once the crime scene is processed, the crime scene
tech will complete a detailed report.
CRIME SCENES
Crime Scene Tech:
 A specialist in organized scientific collection and
processing of evidence.
 Develops, processes and packages all physical
evidence found at the crime scene and provides to
the lab for forensic evaluation.
CRIME SCENES
Major Crime Scenes
Establish a Command Center
Dealing with the Media
QUESTIONS
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