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Properties of Physical Evidence

Death Scene Hierarchy

All deaths/death scenes are to be treated as worst case scenarios until the point is reached where all the collected information and evidence indicates otherwise.

Natural death

Homicide

Suicide

Accidental

Returning a Suspect to the Crime Scene

a. The suspect may claim that items (trace - hair, fibers, prints) that may be associated with him were the result of being returned to the scene by law enforcement.

b. If a suspect is able to be physically moved (compelled) against his will, he/she is more than a "suspect." He/she may/should be in custody, therefore, probable cause must exist.

c. If the reason for return is for I.D. purposes then, if under arrest, arrange for physical line-up at later time.

(1) No chance for scene to be contaminated by suspect.

(2) Can control factors of suggestiveness:

• Physical line-ups - defense counsel presence.

• Photo line-ups.

• Street show-ups/one-on-ones - suggestive by nature.

d. If suspect has to be returned to the scene for some exigent reason, then do so only after the scene has been completely processed.

Law Enforcement Personnel - Duties and Responsibilities

(3) Secure and protect the immediate crime scene.

(4) Locate, identify, remove, and separate witnesses and suspects. Effect arrest/detention of suspect.

(5) Establish and maintain control of the scene.

(6) Reestablish and maintain contact with headquarters.

(7) Begin the collection of initial information and record initial observations and any and all actions taken (include times).

(8) Brief the responding investigator. He/she may not be the case officer of record; therefore, briefing a second investigator from retained field notes may be necessary.

(9) Relinquish (formally) control of scene.

• Time/date

• To whom

(10) Assume role of assistance and support.

b. Responding investigator

(1) Contact first responding officer for briefing.

(2) Determine the extent of the scene.

• Interior perimeter

• Outer evidential range

• External limit

(3) Establish control/protection of the scene.

(4) Perform direct preliminary survey.

(5) Determine objectives and needs.

• Personnel - need basis

• Equipment - front-loaded

(6) Assign duties.

(7) Prepare notes - constant part of process.

(8) Review information - constant part of process.

(9) Direct search of the scene.

(10) Deal with unforeseen circumstances as they occur in keeping with the goals/objectives of the search.

(11) Direct final survey.

• Review goal objectives.

• Check with all personnel for completeness of assignments.

• Check documentation for completeness and errors.

• Photograph the final condition of the scene.

• Check evidence inventory for completeness and proper documentation.

• Gather equipment.

• Check that difficult access areas have been searched.

• Check collected evidence against initial goals/objectives and any possible false assumptions.

(12) Release the crime scene

(a) After completion of final survey

(b) Documentation

• Date/time of release

• Released to whom

• Released by whom

(c) Provide copy of inventory of items seized to responsible party (if applicable).

(d) Pre-release considerations:

• There is only one chance to conduct a proper and thorough search.

• Officials of other agencies (solicitor's office, coroner/medical examiner) may need or be required to observe the scene.

• It may be necessary to obtain a warrant for reentry into scene.

(13) Evaluate information/evidence developed/collected as a result of the completed search and ongoing investigation.

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Properties of Physical Evidence