1 CJE2600 Criminal Investigation Chapter 3 Investigators, the Investigative Process, and the Crime Scene Learning Objectives Understand the role of the investigator and skills and qualities they must possess Discuss major events in the investigation of a crime Explain the major steps in a preliminary investigation Describe activities conducted in a follow-up investigation Define a crime scene Outline purposes and functions of an investigator Chapter Objectives Explain the “rules” for the crime scene investigator Identify potential threats to investigators’ health and safety Be familiar with major considerations that dominate the crime scene search Be able to discuss investigation of staged crime scenes Explain crime scene reconstruction The contributions of physical evidence to an investigation are diminished primarily by the inability, unwillingness, or failure to locate, properly collect, mark, and preserve the evidence, and by the drawing of improper conclusions from its analysis. WHAT IS A CRIME? A crime is the commission or omission of any act, which is prohibited or required by the penal code of an organized political state, to which some punishment or sanction is attached. Classifications o Felony Punishable by death or imprisonment for more than one year in a state prison. o Misdemeanor Punishable by fine and/or imprisonment for up to one year in a local or county jail. o Infraction or Violation Minor offenses punishable by a fine only. THE INVESTIGATOR Someone who gathers, documents and evaluates evidence. o Strong professional training and experience o Strong degree of self-discipline 2 o o o o o o o o Uses legally approved & ethical methods Does not act out of malice or bias Includes all evidence of innocence as well as guilt Uses systematic methods of inquiry Uses both inductive and deductive reasoning Inductive: From specific details to a general view Form a logically consistent explanation of the crime. Deductive: Creates a hypothesis about the crime. Does everything fit together? Logical fallacies, the failure to consider all alternatives, and bias can lead to untenable inferences! THE INVESTIGATOR o Someone who gathers, documents and evaluates evidence. o Compassionate, not calloused and cynical o Has wide ranging contacts across many occupations o Remains objective at all times o Leaves nothing to chance during investigation THE INVESTIGATIVE PROCESS o Objectives o Establish if a crime was committed o Collect, document and preserve evidence o Identify and apprehend the suspect(s) o Recover stolen property o Assist in the prosecution of the person(s) charged with the crime(s) THE PRELIMINARY INVESTIGATION o The actions taken at the scene of a crime immediately following its detection and report to the police o Receipt of information and initial response o Crime scene control o BOLO alerts o Crime scene determination o Evidence o The report THE PRELIMINARY INVESTIGATION o o Be alert for people/cars leaving crime scene Approach the scene cautiously 3 o o o o o Assess the scene o Is violence still ongoing? o Dangers/special hazards Determine if a tactical situation exists Remain alert and attentive Follow departmental contact protocols Treat the location as a crime scene until it is concluded otherwise Emergency Care o o o o o o Saving a victim’s life has a higher value than preserving physical evidence Assess level of injuries to victim and request medical assistance, as necessary Point out potential evidence to medical personnel o Do not allow them to cut clothing through or along bullet holes or knife openings o Document all movement of people and items Obtain as much information as possible from victim before he/she is moved Document information from emergency medical personnel Attempt to get a dying declaration, if possible Secure and Control Persons at Scene o o o o o Identify boundaries of the crime scene and secure Identify possible or actual lines of approach to, and flight from the scene Maintain crime scene control o Identify all individuals o Keep a crime scene entry log o Protect scene o Set up physical barriers Separate any potential combatants and any persons arrested Ask witnesses not to discuss the story together General Evidence Procedures o o o o Smaller agencies, responding officer must recognize, identify, locate, and collect physical evidence. Chain of custody must be established. Prepare offense/incident report. If investigators responding o Brief them o Assist in controlling scene o Remain at scene until relieved. 4 FOLLOW-UP INVESTIGATION o Subsequent investigation o Become thoroughly conversant on case Read reports View photos, videos, audio o Contact witnesses o Checking out suspect(s) alibi o Gathering additional evidence from other locations o Talk with informants o Attempt to locate additional witnesses o Conduct area canvasses o Evaluate evidence collected and laboratory results of tests o Obtain search and/or arrest warrants o Recover stolen property o Confer with prosecutor Case closure o o Exceptionally cleared o It can be shown who committed the crime, but for any of several reasons the case cannot be pursued further Suspect dead Victim refuses to cooperate State declines to prosecute Cleared by arrest o Perpetrator arrested and sufficient evidence to file criminal charges CRIME SCENE o Location where the offense was committed o May include surrounding areas where evidence may be located o Always start big . . . It’s much easier to make it smaller than to expand it at a later time o There may be more than one crime scene Crime Scene continued o o o Primary crime scene o The location where the initial offense was committed Secondary scenes o All subsequent connected events Macroscopic o “Large view” Body(ies), rooms, cars, buildings 5 o Microscopic o Specific objects and pieces of evidence Knives Bite marks Hairs and fibers Shoe and tire impressions Crime Scene continued o Crime-scene investigators examine blood-stained clothes before placing them in an evidence bag. ORGANIZATION OF THE CRIME SCENE o o o Overall coordination o Handled by assigned senior investigator o Power to call in additional resources & coordinate all investigative activities Medical examiner Media liaison Technical services o Crime laboratory personnel & supervisors Investigative services o Interviewing witnesses and victims o Neighborhood canvass o Suspect field interrogations CATEGORIES OF EVIDENCE o o o Corpus Delicti evidence o Evidence that helps to prove the elements of the crime(s) o The principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime Associative evidence o Evidence that connects the suspect to the scene and/or victim or connects the scene/victim to the suspect It is bidirectional Trace evidence o Small or microscopic evidence, or evidence in limited amounts Rules for the Crime Scene Investigation CRIME SCENE CONTROL o The actions which the first arriving officer at the crime scene takes to make sure that the integrity of the scene is maintained. 6 o Control also includes preventing people at the scene from becoming combatants and separating witnesses. Rules for the Crime Scene Investigation o Maintain Control o Without control a life might be lost, evidence destroyed, assignments overlooked, or the investigation conducted in a generally slovenly manner. Manage media Release only information that is necessary Rules for the Crime Scene Investigation CONCEPTUALIZATION Keep known facts AND inferences in mind when processing scene o o o o Facilitates reconstruction of the offense Identification of the modus operandi Identification of certain types of evidence Assists in establishing investigative direction Rules for the Crime Scene Investigation o Conceptualize Events o Be careful not to impart one’s own probable motives or actions to the perpetrator without grounds to do so o Locate trace evidence Is extremely small or limited amounts Alternative light systems (ALSs) Various colored lights cause many types of evidence to fluoresce o Glass and metal fragments o Bite marks o Bruises o Human bone Rules for the Crime Scene Investigation o Caution o Extremely important evidence may be altered or destroyed Don’t destroy evidence o The area to be searched may be too rapidly defined Make crime scene bigger than expected and shrink as necessary o Other areas that might be fruitful are overlooked or given only a cursory examination Don’t overlook fruitful areas for exploration 7 Do more than a cursory examination INCLUSIVENESS o o o o Obtain every piece of evidence If not sure, take it as evidence until it is ruled out Do not dismiss items of possible evidence Standard samples and elimination prints should be obtained o Be careful of rationalization and fatigue DOCUMENTATION o o Constant Activity o Starts with rough shorthand field notes o Sketches o Diagrams to scale Ways to document a crime scene visually include: o Video taping o Photographing o Sketching LOGS o o o EVIDENCE RECOVERY LOG o A chronological record of who found what evidence, where, witnessed by whom, and notations about other ways the evidence may have been documented, e.g., photography ASSIGNMENT LOG o Details who is assigned to what function and the sequence of events at the scene PHOTOGRAPHIC LOG o Details who took which shots, from where, when, and under what circumstances EVIDENCE RECOVERY LOG o The evidence recovery log is an important document which records all pieces of physical evidence found at a crime scene. This is critical if the case is to be successfully prosecuted later. THREATS TO INVESTIGATORS HEALTH AND SAFETY AT CRIME SCENES o o o o Insect bites HIV/AIDS o Human bites, needle sticks, cuts o “Weeping” lesions Hepatitis B and C o Spread by contact with blood of an infected person Tuberculosis 8 o o Airborne Use Personal Protection Equipment MAJOR CONSIDERATIONS OF THE CRIME SCENE SEARCH o o o Boundary Determination o Set up an inner and outer perimeter o Consider primary and any secondary crime scenes Perpetrator’s lines of approach to and from scene Inner perimeter o Specific items of evidence are know to be Outer perimeter o Set farther back than inner to help establish control of, and entry into, the scene MAJOR CONSIDERATIONS OF THE CRIME SCENE SEARCH o Choice of Search Patterns o The crime scene coordinator may choose from a variety of crime scene search patterns based upon the type and size of the crime scene. CRIME SCENE SEARCH PATTERNS There are 5 basic search patterns o o o o o Spiral Strip/Line Grid Zone/Quadrant Pie/Wheel MAJOR CONSIDERATIONS OF THE CRIME SCENE SEARCH o Instruction of Personnel o Brief all involved personnel on case, method of search, action to take when evidence is located MAJOR CONSIDERATIONS OF THE CRIME SCENE SEARCH o Coordination o Integrating efforts of those assigned to the technical (CSIs) and investigative service functions o Other agencies (police, state attorney/legal) o Interdepartmental (fire-rescue, medical examiner) 9 MAJOR CONSIDERATIONS OF THE CRIME SCENE SEARCH o o Suspension of search o Depends on complexity of case o Abundance or scarcity of physical evidence o Available personnel Crime scene release o Should be well thought out o Meet with all team members first o Generally, only have one opportunity to process a crime scene Any mistakes made may not be rectifiable o Photograph scene Crime Scene Police diver recovers a handgun as part of an underwater investigation. Evidence Collection 1. Identify each item of evidence collected or handled 2. Describe the location and condition of the evidence at the time collected 3. State who had contact with or handled the evidence 4. State when, or during what time periods, the evidence was handled 5. Declare under what circumstances, and why, the evidence was handled 6. Explain what changes, if any, were made to the evidence Visual Documentation o Three major methods o Digital Video Recording o Digital Still Photography o Sketching Visual Documentation o Digital Video Recording o Motion of video holds attention of viewers o Are not, however, an acceptable alternative to high-resolution digital photographs o Be careful not to record unwanted and potentially embarrassing extraneous comments o Once recording begins, camera should be kept running; gaps may be hard to satisfactorily explain to jurors o Most common mistake is going too fast 10 Digital Video Recording o o o o o Keep the lens clean Use battery packs instead of cords Begin recording with an identification Pan the crime scene area 360 degrees Use a rolling tripod or shoulder brace for smoother pictures Digital Still Photography Four classes of photographs that must be taken with digital still cameras: o o o o Orientation o Long/longer range shots, general views of the entire scene. Relationship o Medium range, photos of evidence and their positional relationship to each other Identification o Close-ups that show specific features, such as the serial number on a firearm Comparison o Close-ups that document characteristics for future laboratory examination o Such as shots of developed fingerprints Digital Still Photography (continued) o o o o o o o o Photograph the scene as soon as possible Prepare a photographic log that records all photographs and a description and location Photograph from eye level to represent the normal view Photograph the most fragile areas of the crime scene first Photograph all stages of the crime scene investigation including discoveries Photograph the condition of evidence before recovery Take all photographs intended for examination purposes without a scale, and then with one Photograph the interior crime scene in an overlapping series using a normal lens; use a wide-angle lens for overall photographs Digital Still Photography (continued) o o o o o Photograph exterior scene, using overall photographs including a landmark. Photograph entrances and exits from the inside and outside Photograph important evidence twice Median-distance that shows evidence and its position to to other evidence Close-up that includes a scale and fills the frame 11 Visual Documentation o Sketching o A basic diagram of the crime scene showing important points Locations where various pieces of physical evidence were located Crime Scene Sketching and Forensic Mapping o o Crime scene sketch o Rough sketches: made by hand at the scene o Smooth or finished sketches: drawn at the office—either by hand or by specialized computer software Forensic mapping o The process of taking and recording the precise measurements of items of evidence to be drawn or fixed on the sketch o Allows the positioning of the evidence back into its original location with a reasonable degree of accuracy o Errors call into question the accuracy of the sketch as well as the investigation as a whole Crime Scene Sketching and Forensic Mapping (continued) o o o Overhead or bird’s-eye view o Most common Elevation view o Shows heights Cross-projection view o Lays the walls to a room down so objects of interest in the wall can be mapped Mapping Methods o o Rectangular Coordinates o Used with scenes having clear and specific boundaries, such as interior walls Can be measured fast and accurately Sonic, laser, or infrared measuring device Triangulation o Used for both interior scenes in buildings, as well as for outdoor scenes, where measurements must spring from distinct, permanent features or landmarks, such as the corner of a home, telephone, mailbox, and lighting poles Mapping Methods (continued) o Baseline Coordinates o Similar to rectangular coordinates process o Used both inside and outside 12 Mapping Methods (continued) o o Polar Coordinates o Used for mapping outdoor scenes at which evidence is scattered over a fairly large open area o Datum point Starting point Steel rod is driven into the ground Grid System o Used when there is a large outdoor scene with no significant features or landmarks o Use datum point Laser Scanning Panoramic Cameras Submitting Evidence to the Crime Laboratory o o o o The investigator’s name, agency, address, telephone number, and email address. Copies of any previous correspondence about the case, including any pertaining to other evidence that was examined earlier. The type of criminal act and the basic case facts related to each item of evidence. The name(s) and descriptive data about the individual(s) involved (subject, suspect, victim, or a combination of those categories) and the agency assigned case number. Submitting Evidence to the Crime Laboratory (continued) o o o o o o A list of the evidence being submitted. What type(s) of examination is requested. Where the evidence should be returned and where the laboratory report should be sent. A statement if the evidence was examined by another expert in the same field, if there is local controversy, or if other law-enforcement agencies have an interest in the case. Any reason(s) justifying an expeditious examination request. The name and locator information for the assigned prosecutor, if designated already. Investigative Success o Law enforcement considers a case successful if it can be administratively classified: o “Cleared by exceptional means” o “Cleared by arrest” End of chapter 3