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PROTECTION AND COLLECTION OF EVIDENCE

ADMINISTRATION OF JUSTICE. PROTECTION AND COLLECTION OF EVIDENCE. PROTECTION AND COLLECTION OF EVIDENCE. I. SECURING THE CRIME SCENE A. The most important aspect of evidence collection and preservation is protecting the crime scene.

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PROTECTION AND COLLECTION OF EVIDENCE

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  1. ADMINISTRATIONOFJUSTICE PROTECTION AND COLLECTION OF EVIDENCE PROTECTION AND COLLECTION OF EVIDENCE

  2. I. SECURING THE CRIME SCENEA. The most important aspect of evidence collection and preservation is protectingthe crime scene.

  3. 1. This is to keep the pertinent evidenceuncontaminateduntil it can berecordedandcollected. a. The protection of the scene begins with the arrival of the first police officer at the scene.b. The protection ends when the scene is released from police custody.

  4. B. Responsibilities of the first officer arriving at the scene.1. The first officer on the scene of a crime shouldapproach the scene slowly andmethodically.

  5. 2. The officer should immediately begin to make mental and written notes about the condition of the scene. a. A record should be made of how it looked upon arrival and after the scene was stabilized.

  6. The officer should maintain a log of the significant times involved in responding to the crime scene: a. time the call was received fromdispatch, b. time the response began to the scene, c.  time of arrival at scene, d.      time left scene, etc.

  7. 4. An effort must be made to disturb things as little as possible in assessing the situation. a. Particular attention should be paid to the floor since this is the most common repository for evidence.

  8. b. It also poses the greatest potential for contamination. c. Notes should also be taken if the officer has to alter something in the investigation.

  9. C. Things that should be included in the investigating officer’s notes:1. The condition of the doors, windows, and lighting (include both natural and manmade);

  10. 2. Are there any unusualodorspresent;3.   Are there any signs of activity; 4.   How have EMS or fire personnelalteredthe scene;

  11. 5. Anything essential identified about the suspect such as a: a. description,statements, physical condition, b. mental condition,intoxication, etc.; 6. Anything essential noticed about the victim should bedocumented.

  12. D.Once the scene has been stabilized:1. The scene and any other areas which may yield valuable evidence (driveways, surrounding yards,pathways, etc.) should be roped off. a. This will preventunauthorizedpeople from entering the area and potentiallycontaminatingit.

  13. 2. Investigators and other necessary personnel should be contacted and dispatched to the scene. a. Under no circumstances should thetelephoneat the scene be used. 3. Record witness names and others who may have entered or been at the scene.

  14. 4. Separatewitnessesandsuspect(s). 5.    Do not discuss the events or the crime with witnesses or bystanders or let the witnesses discuss these events.

  15. 6. Listenattentivelybutdiscreetlyto witnesses. 7. Protect evidence which may be in danger of being destroyed.

  16. E.Only those people responsible for theimmediateinvestigation of the crime,the securing of the crime scene,and theprocessingof the crime scene should be present.1. Non-essential personnel should never be allowed into a secured crime scene unless they can add something to the crime scene investigation.

  17. 2. Have only oneentranceandexitintothe crime scene. a. An officer should be placed at the entrance and exit with anotebookto take the names of all of the people entering and leaving the crime scene.

  18. b. This will sometimesdiscouragenon-essential personnel from entering the crime scene. c. The officer can also stop unwanted visitors from entering therestrictedareas.

  19. F.Eating,drinking, orsmokingshould never be allowed at a crime scene. 1. Failure to adhere to this policy unnecessarily exposes the crime scene to potential contamination.

  20. 2. A command post should be set up. a. The command post should be set up somewhere outside therestrictedareas. b. It could be a vehicle, picnic table, hotel room, tent, etc.

  21. (1) It can be used as agatheringplace for non-involved personnel.(2) It may be used as a place for investigators to takebreaks,eat, drink, or smoke. (3) It can be thecommunicationcenter, a place for press conferences, a centralintelligencearea, etc.

  22. G. Protection of the crime scene also includes protection of the crime scene investigators. 1. One person should never be leftalonewhile processing the scene. a. There are many stories of suspects still hidingat orneartheir area of misdeed.

  23. 2. There should always be at least two people working the scene. a. At least one of these people should have aradioand a firearm.

  24. II. CRIME SCENE PROCESSING PROTOCALA. Examination and processing of the crime scene. 1. Step One - Before the investigators begin examining the scene of the crime they should: a. Gather as much information as possible about the scene.

  25. b. Use a slow andmethodicalapproach to search.c. Prevent thedestructionofvaluable and/or fragile evidencesuch as shoeprints and traceevidence.

  26. 2. Step Two - Once all of the information has been gathered: a. Amentalplan should be formulated as to how the crime scene will beanalyzed. b. Ample notes and relevant times should be kept on every aspect of the crime scene investigation.

  27. c. The examination of the scene will usually begin with awalkthrough of the area along the "trail" of the crime. (1) The crime trail is that area which all apparent actions associated with the crime took place.

  28. (2) The trail is usually marked by the presence of physical evidence. (a) the point of entry, (b) thelocationof the crime, (c) areas where a suspect may have cleaned up, (d) the point ofexit.

  29. d. In some cases, a walk through may becomesecondaryif potential evidence is in danger of beingdestroyed. (1) This evidence should be preserved, ordocumented andcollectedas quickly as possible.

  30. B. Crime scene walk through procedures. 1. Primary purpose of the walk through is to note the location of potential evidence: a. This stage of investigation allows the investigator to mentallyoutlinehow the scene will be examined.

  31. 2. The walk through begins as close to the point of entry as possible. a. The first place the investigators should examine is the ground on which they are about to tread. b. If any evidence is observed, then a marker should be placed at the location as a warning to others not to step on the item of interest.

  32. 3. A good method to useindoorson hard floors is theobliquelighting technique (also known as side lighting). a. A good flashlight with a strong concentratedbeam is the only tool needed.

  33. b. The room should be darkened as much as possible. (1) Make sure the room light switch has beendustedforfingerprintsbefore touching. c. Do not close any blinds or shades until after all generalphotographshave been taken.

  34. d. In the side lighting technique, a flashlight is held about one inch from the floor. (1) The light beam is angled so that it just sweeps over the floor surface and is almost parallel to the surface.

  35. (2) The light is then fanned back and forth. (3) Any evidence, such as trace evidence and shoeprints, will show up dramatically. e. Under normal lighting conditions, this evidence may be barely visible or completely invisible.

  36. 4. Investigators should take care in order to prevent depositing of unwanted fingerprints at the scene.

  37. 5. Investigators should examine whatever is over their heads (ceiling, tree branches, etc.). a. These areas may yield such valuable evidence as blood spatters and bullet holes. 

  38. 6. Once the walk through is completed, the scene should be documented withvideotape, photographs, and/or sketches.

  39. III. FIVE BASIC FUNCTIONS OR TASKS OF CRIME SCENE PROCESSINGA.Interview:the first step in processing a crime scene.

  40. 1. The crime scenetechnicianmust interview the first officer at the scene or the victim to ascertain the "theory" of the case. a. What allegedly happened? b. Whatcrimetook place? c. How was the crimecommitted? 2. This information will give the crime scene investigator a base from which to start.

  41. B.Examine the crime scene:the second step in the protocol. 1. To ascertain if the "theory" of the case is substantiatedby what the crime scene investigator observes.

  42. 2. Examining the scene to identify possible items ofevidentiarynature. 3. To identify point of entry and point of exit. 4. To get the generallayout of the crime scene.

  43. C.Photograph the crime scene:the third step in the protocol. 1. Photographing the crime scene to record apictorialview. a. Provides arecordof what the scene looks like. b. Visual record ofpossibleevidence.

  44. 2. Crime scene photographs are generally taken in two categories: a. Overall views of the scene. b. Items ofevidencefound at the scene.

  45. D.Sketch the crime scene:the fourth step in the protocol.1. A roughsketchshould be completed by the crime scene investigator.

  46. 2. A crime scenesketchmay not need to be completed on every case. a. This provides avisualrecord of the layoutof the crime scene. b. It can be used to identify theexactposition of evidence within the crime scene at a later date.

  47. E.Process the crime scene:the last step in the protocol. 1. The crime scene investigator will process the crime scene for both physicaland testimonialevidence.  

  48. a. It is the investigators responsibility to identify, evaluate and collect physical evidence from the crime scene.

  49. IV. COLLECTION PROCESS AND PROPER HANDLING OF EVIDENCE.A.After the crime scene has been thoroughly documented and the locations where evidence was found has been noted thecollectionprocess begins.

  50. 1. The collection process will usually start with the collection of the mostfragileor most easily lost evidence. a. Special consideration can also be given to any evidence or objects which need to bemoved.

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