Crime Scene Analysis
Chapter 3
Steps as they are outlined in
the powerpoint:
•
•
•
•
• Securing and isolating the scene;
• Recording the scene;
• Searching and collecting evidence;
• Packaging, transporting and storing evidence.
10 Basic Stages in a Search
http://harfordmedlegal.typepad.com/forensics_talk/crime-scene-procedures.html
•
•
•
•
•
•
•
•
•
•
•
•
1a. Approach scene
b. Secure and protect scene
2a. Initiate preliminary survey
b. Determine scene boundaries
3. Evaluate physical evidence possibilities
4. Prepare narrative description
5. Depict scene photographically
6. Prepare diagram/sketch of scene
7. Conduct detailed search
8. Record and collect physical evidence
9. Conduct final survey
10. Release crime scene
Approach Scene
• Be alert for discarded evidence
• Make pertinent notes as to possible approach/escape routes
First Responders vs. Law Enforcement
Secure and Protect Scene
• Take control of scene on arrival
• Determine extent to which scene has thus far been
protected
• Ensure adequate scene security
• Obtain information from personnel who have
entered scene and have knowledge relative to its
original conditions—document who has been at
scene** first responders**
• Take extensive notes—do NOT rely on memory!!
• Keep out unauthorized personnel and begin
recording who enters and leaves
Preliminary Survey and
Determine Scene Boundaries
The survey is an organizational stage to plan for the entire
search.
– A cautious walk-through of the scene
– Person-in-charge maintains definite administrative and
emotional control
– Select appropriate narrative description technique
– Acquire preliminary photographs
– Make known the extent of the search area—usually
expand initial perimeter
– Organize methods and procedures needed to recognize
special problem areas
– Identify and protect transient physical evidence
– Develop a general theory of the crime
continued
• Make extensive notes to document scene
– Physical and environmental conditions
– Assignments
– Movement of personnel, etc.
• On vehicles:
– Get VIN number
– License plate number
– Position of key
– Odometer reading
– Gear shift position
– Amount of fuel in tank
– Lights “on” or “off”????
Evaluate Physical Evidence
Possibilities
• Based upon what is known from the preliminary survey, determine what
evidence is likely to be present.
– Concentrate on the most transient evidence and work to the least
transient forms of this material. (outdoor crime scene with forecast of
rain)
– Focus first on evidence in plain sight/open view with easy access.
Then move on to evidence in out of view locations or those
PURPOSELY hidden.
• Consider whether the evidence appears to have been moved
inadvertently. WAS SOMETHING MOVED ON PURPOSE?
– Evaluate whether or not the scene and evidence appears intentionally
"contrived". WAS IT A SET UP?!
Prepare Narrative Description
• The purpose of this step is to provide a running narrative of the conditions
at the crime scene.
– Consider what should be present at a scene (victim's purse or vehicle)
and is not observed
– Consider what is out of place (ski mask).
• Represent scene in a "general to specific" scheme. Consider situational
factors: lights on/off, heat on/off, newspaper on driveway/in house,
drapes pulled, open or shut.
• Do not collect evidence at this point and keep the narrative description
organized.
• Methods of narrative: written, audio, video.
Photograph Scene
•
Begin photography as soon as possible - plan before
photographing.
•
Document the photographic effort with a photographic log.
•
Insure that a progression of overall, medium and close-up
views of the scene is established.
•
Use recognized scale device for size determination when
applicable.
– When a scale device is used, first take a photograph
without the inclusion of this device.
•
Photograph evidence in place before its collection and
packaging.
•
Be observant of and photograph areas adjacent to the crime
scene - points of entry, exits, windows, attics, etc.
•
Consider feasibility of aerial photography.
Photography continued….
• Photograph items, places, etc., to corroborate the statements
of witnesses, victims, suspects.
• Take photographs from eye-level, when feasible, to represent
scene as it would be observed by normal view.
• Film is relatively cheap compared to the rewards obtained do not hesitate to photograph something which has no
apparent significance at that time - it may later prove to be a
key element in the investigation.
• Prior to lifting latent fingerprints, photographs should be
taken 1:1, or use appropriate scale.
Photography continued…..
• Number designations on sketch can be coordinated
with same number designations on evidence log in
many instances.
• General progression of sketches:
–
–
–
–
–
Lay out basic perimeter
Set forth fixed objects, furniture, etc.
Record position of evidence
Record appropriate measurements- double check
Set forth key/legend, compass orientation, etc.
Photography Unit
Prepare diagram/sketch of scene
•
The diagram establishes permanent record of items, conditions, and distance/size
relationships - diagrams supplement photographs
•
Rough sketch is drawn at scene (normally not drawn to scale) and is used as a model for
finished sketch.
•
Typical material on rough sketch:
–
–
–
–
–
–
–
–
–
–
–
–
Specific location
Date
Time
Case identifier
Preparer
Weather conditions
Lighting conditions
Scale or scale disclaimer
Compass orientation
Evidence
Measurements
Key or legend
Conduct Detailed Search
• Accomplish search based on previous evaluation of evidence possibilities.
• Conduct search in a general manner and work to the specifics regarding
evidence items.
• Use of specialized search patterns (e.g., grid, strip/lane, spiral) are
recommended when possible.
Four basic premises:
1. The best search options are typically the most difficult and time
consuming.
2. You cannot "over-document" the physical evidence.
3. There is only one chance to perform the job properly.
4. There are two basic search approaches, in this order:
(1) A "cautious" search of visible areas, taking steps to avoid evidence loss or
contamination.
(2) After the "cautious" search, a vigorous search for hidden/concealed areas.
TYPES OF SEARCH PATTERNS
•
•
•
•
•
GRID
INWARD SPIRAL
OUTWARD SPIRAL
PARALLEL
ZONE
Record and Collect Physical Evidence
• Photograph all items before collection and enter notations in
photographic log (remember- use scale when necessary).
• Complete evidence log with appropriate notations for each item of
evidence.
•
Ensure that evidence or the container of evidence is initialed by investigator collecting the
evidence.
•
Do not handle evidence excessively after recovery.
•
Seal all evidence containers at the crime scene.
•
Do not guess on packaging requirements different types of evidence can necessitate different
containers.
•
Be sure to obtain appropriate "Known" standards (e.g., fiber sample from carpet).
•
Constantly check paperwork, packaging notations, and other pertinent recordings of information
for possible errors which may cause confusion or problems at a later time.
The Search
• The search for physical evidence at a crime scene
must be thorough and systematic.
• The search pattern selected will normally depend
on the size and locale of the scene and the
number of collectors participating in the search.
• For a factual, unbiased reconstruction of the
crime, the investigator—relying upon his or her
training and experience—must not overlook any
pertinent evidence.
• Physical evidence can be anything from massive
objects to microscopic traces.
26
Beyond The Crime Scene
• The search for physical evidence must extend
beyond the crime scene to the autopsy room of a
deceased victim.
• Here, the medical examiner or coroner will
carefully examine the victim to establish a cause
and manner of death.
• As a matter of routine, tissues and organs will be
retained for pathological and toxicological
examination.
• At the same time, arrangements must be made
between the examiner and investigator to secure
a variety of items that may be obtainable from
the body for laboratory examination.
27
The Search
• Often, many items of evidence are clearly visible but others
may be detected only through examination at the crime
laboratory.
• For this reason, it is important to collect possible carriers of
trace evidence, such as clothing, vacuum sweepings, and
fingernail scrapings, in addition to more discernible items.
28
Beyond The Crime Scene
• The following are to be collected and
sent to the forensic laboratory:
1. Victim’s clothing
2. Fingernail scrapings
3. Head and pubic hairs
4. Blood (for DNA typing purposes)
5. Vaginal, anal, and oral swabs (in sex related
crimes)
6. Recovered bullets from the body
7. Hand swabs from shooting victims (for
gunshot residue analysis)
29
Packaging
• Each different item or similar items collected at
different locations must be placed in separate
containers. Packaging evidence separately
prevents damage through contact and prevents
cross-contamination.
• The well-prepared evidence collector will arrive at
a crime scene with a large assortment of
packaging materials and tools ready to encounter
any type of situation.
30
Packaging
• Forceps and similar tools may have to be used to
pick up small items.
• Unbreakable plastic pill bottles with pressure lids
are excellent containers for hairs, glass, fibers,
and various other kinds of small or trace
evidence.
• Alternatively, manila envelopes, screw-cap glass
vials, or cardboard pillboxes are adequate
containers for most trace evidence encountered
at crime sites.
• Ordinary mailing envelopes should not be used as
evidence containers because powders and fine
particles will leak out of their corners.
31
Packaging
• Small amounts of trace evidence can also be
conveniently packaged in a carefully folded paper,
using what is known as a “druggist fold.”
• Although pill bottles, vials, pillboxes, or manila
envelopes are good universal containers for most
trace evidence, two frequent finds at crime
scenes warrant special attention.
– If bloodstained materials are stored in airtight
containers, the accumulation of moisture may
encourage the growth of mold, which can destroy the
evidential value of blood.
– In these instances, wrapping paper, manila envelopes,
or paper bags are recommended packaging materials.
32
Chain of Custody
• Chain of Custody—A list of all persons who came
into possession of an item of evidence.
• Continuity of possession, or the chain of custody,
must be established whenever evidence is
presented in court as an exhibit.
• Adherence to standard procedures in recording
the location of evidence, marking it for
identification, and properly completing evidence
submission forms for laboratory analysis is critical
to chain of custody.
• This means that every person who handled or
examined the evidence and where it is at all times
must be accounted for.
33
Obtaining Reference Samples
• Standard/Reference Sample—Physical evidence
whose origin is known, such as blood or hair from
a suspect, that can be compared to crime-scene
evidence.
• The examination of evidence, whether it is soil,
blood, glass, hair, fibers, and so on, often requires
comparison with a known standard/reference
sample.
• Although most investigators have little difficulty
recognizing and collecting relevant crime-scene
evidence, few seem aware of the like necessity
and importance of providing the crime lab with a
thorough sampling of standard/reference
materials.
34
Crime Scene Safety
• The increasing spread of AIDS and hepatitis B has
sensitized the law enforcement community to the
potential health hazards that can exist at crime
scenes.
• In reality, law enforcement officers have an
extremely small chance of contracting AIDS or
hepatitis at the crime scene.
• The International Association for Identification
Safety Committee has proposed guidelines to
protect investigators at crime scenes containing
potentially infectious materials that should be
adhered to at all times.
35
Conduct Final Survey
•
This survey is a critical review of all aspects of the search.
•
Discuss the search jointly with all personnel for completeness.
•
Double check documentation to detect inadvertent errors.
•
Check to ensure all evidence is accounted for before departing scene.
•
Ensure all equipment used in the search is gathered.
•
Make sure possible hiding places of difficult access areas have not been
overlooked in detailed search.
•
Critical issues: have you gone far enough in the search for evidence,
documented all essential things, and made no assumptions which may prove
to be incorrect in the future?
Release Crime Scene
•
Release is accomplished only after completion of the final survey.
•
At minimum, documentation should be made of :
– Time and date of release
– To whom released
– By whom released
•
Ensure that appropriate inventory has been provided as necessary, considering
legal requirements, to person to whom scene is released .
•
Once the scene has been formally released, reentry may require a warrant.
•
Only the person-in-charge should have the authority to release the scene. This
precept should be known and adhered to by all personnel.
•
Consider the need to have certain specialists serve the scene before it is
released (e.g., blood pattern analysts, medical examiner).
Evidence Collection
The Fourth Amendment
• Do you know what it states?
• “The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but
up on probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.”
• 2 types of searches
• Those that require a warrant
• Warrantless search
Is this legal?
• A private security officer searches the backpack without a
warrant and found something illegal, could they call the
police and turn the evidence over to the authorities?
• LEGAL
• The 4th currently only applies to searches by government
officials (e.g., police officers, court officials, etc.) and not to
private security guards who, btw, currently vastly outnumber
police officers
• a police officer probes (touches and feels) the outside of a
opaque bag that is in public view without a warrant… Legal?
• NOT LEGAL
Is this Legal?
• (April, 1991)An officer assumes you are Jeffrey Dahmer and
arrests you. After placing you under arrest, searches your
person and finds your pocket full of cocaine… is this search
legal?
• LEGAL
• In the course of an arrest, police officers have the right to
search your person and the immediate area to seize evidence
(including items found after a person has been incorrectly
arrested) and to declare you not a threat.
Mincey v. Arizona
• We're in Tucson, Arizona, and undercover police officer Barry Headricks
had previously purchased heroin from Rufus Mincey in the Mincey’s
apartment. On this particular, fateful day, Headricks made arrangements
with Mincey in the apartment to go get some money and return to buy
heroin. Officer Headricks left and returned with nine other plainclothes
officers and a deputy county attorney, but without money or a warrant.
• Present in the apartment with Mincey were his girlfriend and three
associates, one of whom admitted the original officer, but then realized
it was a raid and briefly closed the door on the group behind Headricks.
• Headricks headed immediately to a bedroom where he knew the heroin
was concealed and the other officers forcibly entered the apartment in
time to hear a volley of shots from the bedroom and finally to see
Headricks emerge from said bedroom and collapse on the front room
floor, fatally wounded.
• The narcotics officers found Mincey and his girlfriend wounded in
the bedroom as well as, one of the associates caught a wild round
inside bedroom that came through the wall, from the front room,
into his head.
• Within ten minutes Tucson homicide investigators arrived at the
apartment to relieve the narcotics officers, who then departed.
They supervised the removal of the officer, who died a few hours
later in the hospital, the suspects, and secured the scene.
• Due to the emergency-exigent circumstance the officers started
searching. For four days. They searched. They photographed.
They diagramed. They opened drawers, closets and cupboards.
They emptied clothing pockets, dug bullet fragments from out of
the walls and floors, cut out sections of the carpeting and seized,
in all, between 200 and 300 evidentiary items.
• Obviously, much of the evidence introduced against Mincey
at trial came from the four-day search, i.e., photos,
diagrams, slugs, shell casings, handguns, narcotics,
paraphernalia, etc.
• The defense, of course, argued there should have been a
search warrant. The prosecution and the Arizona Supreme
Court said the search of a homicide scene should be an
exception to the Fourth Amendment's warrant
requirement.
• What do you think??
Mincey v. Arizona
• drug bust went wrong, resulting in the death of an
undercover police officer and the wounding of several
others
• detectives who then spent 4 days seizing 200-300 pieces of
evidence
• led to the conviction of Mincy on homicide and narcotics
charges
• But was this legal?
• Did you say Emergency-exigent circumstances?
• Supreme Court later ruled: a warrantless search based on
an emergency is limited in duration
Michigan v. Tyler (1978)
• A fire breaks out in defendant's furniture store shortly before
midnight and the fire department responds and is "just watering
down smoldering embers" when the fire chief arrives at 2:00 a.m.
He is informed by his assistant that two plastic containers of
flammable liquid had been found in the building.
• The two then use portable lights and entered the gutted store,
which was still filled with smoke and steam, to examine the
containers. (No warrant or consent.)
• The chief concludes there is an arson possibility and he calls a
police detective who arrives about 3:30 a.m. The detective takes
some photos and he and the chief look around briefly. The steam
and smoke make it impossible, however, and they and the fire
fighters leave at 4:00 a.m.
• At 8:00 a.m. the chief and his assistant return and look around
briefly. The assistant and the detective return at 9:00 a.m. They find
evidence not previously visible, due to the smoke and steam,
burned carpet and tape, and remove those items in a brief search.
• On three subsequent occasions, four days after the fire, seven days
after the fire, and twenty-five days after the fire, other
investigators, without warrant or consent, return to the scene,
search and remove arson evidence.
• The defense objects to the admission of all the evidence, but the
defendants are convicted. The Michigan Court of Appeals agrees to
hear a case from the defendants.
• The Michigan Supreme Court reverses the conviction and
orders a new trial, holding that all entries after the fire was
extinguished at 4:00 a.m. were unconstitutional, without
warrant or consent.
• The Supreme Court affirms the Michigan Supreme Court's
decision as to all re-entries after the 9:00 a.m. search, those
four days, seven days, and twenty- five days after the fire,
but permits the use of the evidence found during the
fighting of the fire and through the 9:00 a.m. search.
Michigan v. Tyler
• A fire broke out in a furniture store before midnight and was
extinguished by the fire department. At 2 AM, the
investigation by fire and police officials that began, was halted
at 4 AM due to darkness, heat and steam. During the following
three weeks, investigators returned to the scene repeatedly to
collect and remove evidence for a possible arson investigation.
• Tyler was ultimately convicted of arson.
• Legal?
Michigan v. Tyler
• evidence was not properly collected and ruled it inadmissible
• “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”
• the crime scene was not controlled by the police and left
abandoned between searches allowing someone to
potentially remove or tamper with any evidence
Stop and Frisk
Is it legal?
• To be forced to complete a field sobriety test after being
pulled over for suspected DUI?
• Not Legal
• To be forced to take a breathalyzer at the station or in the
field to check the amount of alcohol in the body?
• Not Legal
• You can refuse, but it becomes probable cause for a search warrant
to obtain a Blood Test
Supreme court ruling…
• Body’s Evidence: The US Supreme court has ruled that a
person may be forced to take a blood alcohol test without
their consent or search warrant as part of a vehicular
investigation. The grounds for this decision was that the
body, through its normal processes, works to destroy any
alcohol consumed. Since the alcohol in the blood constitutes
evidence related to potential criminal DWI or DUI actions,
the body’s metabolism of the alcohol actually represents the
destruction of evidence. Requiring a person to give blood
alcohol evidence (blood sample usually) without a warrant
or their consent is, therefore, admissible under the 4th
Amendment.
People v. Rosario
• In 1961, the case of Rosario set a standard that requires
statements by witnesses who testify (written, recorded,
emails, etc.) be shared between both the defense and the
prosecution.
• The constitution forbids the prosecution from with holding
any evidence related to the innocence of the defendant from
the defense
Day 1: Powerpoint of Crime Scene
Basics
• Review proper crime scene techniques and Watch videos
Day 2: Search Patterns
• Outdoor activity
– Tape off 10ft x 10ft section using stakes and crime scene tape
– Count paperclips in cup and scatter them in the 10ft x 10ft space
– Using 4 kinds of search (line, grid, spiral, quadrant) collect as many
paperclips as possible
• Which is more effective for this type of exercise? Why?
• Which search might be best to cover a small area?
• Which search might be best to cover a large area?
Day 3: Evidence Documentation:
Notes and Sketching
• Consider the four crime scenes. Make notes and sketch out the scene
without collecting or disturbing the evidence!!
• Use the proper measuring devices provided and make notes on the
sheets given.
• One sketcher, one note taker, one photographer, two measurers
– Make sure to hand in your sketches, photographs and notes sheets to the
commanding officer (Ms. Alfano)
Day 4: Proper Collection of
Physical Evidence
• Now that you have completely documented the scene, you must
bag and tag your evidence; be careful not to contaminate anything
in the process!!
• Make sure you use the proper receptacles according to the sheets
you've been given!
– Maintain chain of custody by properly documenting evidence bags and
handing them in to your commanding officer (Mr. Beatty)