JS 12B Crime Scene Investigation a la Sgt Bruce Wiley Follow Up

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JS 12B- Crime Scene Investigationa la Sgt Bruce
Wiley- Follow Up

• I. Pre class activities
• Quiz
• Announcements and Assignments
• Review of Wileys Lecture
• a. The Role of a CSI
• b. Wileys CSI Laws
• c. Physical Evidence
• Crime Scene Hands-on Activity
• Searching a Scene

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Announcements and Assignments

• Assignments for Monday 20 November
• Read Chapters 8 and 9
• Read notes posted to my web site on DNA, Wiley
  and Nichols notes
• Work on your laboratory notebooks
• Extra credit Rogers TL. 2004. Crime scene
  ethics souvenirs, teaching material, and
  artifacts. 49(2) 307-311
• Email Lee if you would like to do the extra
  credit
• Write 500 word summary, 3 Q and 3 A
• and Hand in Monday 20 November
• Bring your CSI Notebooks and Kits
• Acknowledgements- Bruce Wiley SJPD- Slides on CSI

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CSI wears many hats

• 1st responder
• Paramedic
• Traffic Officer
• Investigator
• Crime Scene Tech
• Any other function to protect the scene
• Field mice and Lab Rats

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Arrival at the scene

• Assume criminal left physical evidence
• Medical care to victims
• Guide responders through the scene
• Protect the scene
• Evaluate the scene
• Record time of arrival
• Enter the scene
• Protect as it changes

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Processing the scene

• Once scene is stable and secure,
• TAKE YOUR TIME
• Document the scene
• Locate and collect evidence items
• Communicate with other investigators
• Sketch, photograph, take notes

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Crime scene should be viewed like art from all
sides and angles
scene
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Crime scenes have a story to tell

• As the crime scene investigator you need to learn
  how to listen to or read the story
• Doyle- Dont make facts fit the theory, make the
  theory fit the facts
• Billy Occums Razor- simplest is best
• Who profits? Cui Bono?

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Objectives

• Reconstruct the incident
• Ascertain the sequence of events
• Determine the mode of operation
• Disclose the motive of the crime
• Determine what property was taken
• Find out all the criminal may have done
• Recover physical evidence that will aide in the
  overall investigation

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For evidence to be of value, it must be

• Located Field mice
• Protected
• Documented
• Collected
• Examined Lab Rats
• Preserved
• Presented

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Evidence is placed in 2 main categories

• TESTIMONIAL
• Real (Physical)

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What is Physical Evidence?

• Anything that when presented in a court of law
  will assist in determining the truth about a fact
  in question.
• Anything that can establish through scientific
  examination and analysis that a crime has been
  committed.

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Physical Evidence

• Court decisions have made physical evidence more
  important
• Juries in criminal cases expect physical
  evidence Juries love it CSI is killing us!
• Negative evidence the absence of physical
  evidence may provide useful information and even
  stop defense arguments at eh time of trial.

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Uses of Physical Evidence

• Physical evidence can establish key elements of a
  crime have been committed. (Fisher 2004. P1)
• Anything which may connect a particular person to
  the crime. Provide links (Locardsee next
  diagram) Ties one crime to a similar crime or
  connects one suspect with another
• Establish the identities of persons associated
  with a crime
• Exonerate the innocent
• Corroborate victims testimony
• Suspect confronted with physical evidence may
  confess
• More reliable than testimony
• Provides investigative leads for a case

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Locards Exchange Principle

• Contact results in cross transfer
• Physical evidence linkage triangle

scene
Physical evidence
suspect
victim
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Transfer Theory aka Locards Exchange Principle

• Contact results in cross transfer
• Examples
• Trace transfer
• Pattern transfer
• Trace
• Fibers
• Glass
• Soil
• Blood
• Pattern
• Imprint and impression

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"Golden Rule" of Crime Scene Investigation/Managem
ent

• GOSOKEEO
• "Never touch, change, or alter anything until it
  has been documented, identified, measured, and
  photographed . . . when a body or article has
  been moved, it can never be restored to its
  original position.

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Golden Rule Exceptions

• Exceptions
• (1) If the potential exists that an item of
  evidence (weapon) could be used to cause
  harm/death to someone at the scene.
• (2) If the potential exists for an item/evidence
  to be lost, contaminated or destroyed "Transient
  evidence" is that type of short-lived evidence
  subject to damage or destruction by exposure to
  the elements." "Evidence which changes with the
  passage of time.
• (3) Need to assist the victim

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Two main categories of physical evidence based on
characteristics

• General or Class characteristics
• Not unique to one item one of a group
• Eg fibers, blood, hair
• Individual Characteristics
• Unique and individual to the item
• Eg. fingerprints, ballistic impressions, toolmarks

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Evidence must be seized legally

• Consent, search warrants, exigent circumstances
  come into play
• If evidence is not legally obtained, it is of no
  value
• Chain of custody must be maintained in order for
  the evidence to be admissible in court
• If the chain is broken, all the evidence is
  rejected and all your hard work is out the window!

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Chain of Custody

• Documentation of every person who handled or
  examined the evidence
• Failure to substantiate chain may lead to
  questions regarding authenticity and integrity
• Includes recording location, marking it for
  identification, completing evidence submission
  forms
• Collectors initials, date, case number, item
  number, inscribed on evidence (if appropriate)
  and on container
• If evidence is turned over to another individual,
  transfer must be recorded-every individual must
  maintain written records and may be requested to
  testify

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Plan of Action

• Approach in systematic, methodical, sequential
  way
• Consider the Legal and scientific issues
• Detailed action plans available
• Written departmental procedures to define crime
  scene responsibilities, tasks and sequence
• Cant anticipate every detail but certain ground
  rules should be set forth

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Objectives of a Crime Scene Search

• Goal- Locate all potentially relevant and
  meaningful physical evidence
• Experience, training and instinct
• Even the best know a systematic, structured
  search is needed (No stone left unturned)
• Underlying the search are 2 general issues
• Where to look for evidence
• How to conduct the search

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General Concepts of Crime Scene Searches

• View the bigger picture Entirety--- BTFU
• Expect the unexpected
• Blood stains on the ceiling- Dont forget to look
  up!
• Evidence in trash- weapons and clothing
• Blood on doors and drapes
• Look from different levels (low and high)
• What is not present or missing
• Missing items may later be found with suspect or
  victim
• Inventories may be useful

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Location of Physical Evidence

• Open minded/objective vs. aimless
• Guidelines for objective approach
• Multiple crime scenes or large multi-faceted
  scenes need to be evaluated and triaged
• Any scene where destruction or alteration may
  occur receives priority- eg outdoor scene with
  adverse weather
• Large scenes with manmade barriers- security an
  issue recall how I was able to walk into your
  scene.
• High traffic scene first vs remote limited access
• Continuity and consistency Process all with a
  single unit and one at a time vs rushing through
  all the scenes with multiple

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Location of Physical Evidence

• Primary vs Secondary
• Primary where murder occurred- Secondary where
  body is dumped
• Evidence may be found between the sites
• Order of investigation determined sequentially
  not by importance
• Primary scene may not be found for long time or
  never
• After determining a scene is secondary, highest
  priority is to find Primary scene- why?

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Location of Evidence

• Focal vs. Ancillary Point
• Focal point- high probability of probative
  evidence
• Entry
• Path traveled
• Target area where crime occurred
• Exit
• Ancillary points are processed only after
  complete processing of focal points
• Finally surrounding areas should also be examined

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What constitutes a crime scene?

• Traditional-
• Indoor house, building, structure
• Outdoor yard, park, field, road
• Vehicles Train, airplane, auto
• Any object that may contain relevant physical and
  pattern evidence
• Body trace, hair/fibers, DNA physiological
  fluids, latent prints, accelerants, GSR, pollen,
  soil, debris. Condition of the body, position,
  color, rigor, lividity, pattern, shape, and
  location of wounds, orifices. Clothing and
  personal possessions
• Special scenes- underwater, computers

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Fundamental practices Conducting a Systematic
Search for Evidence

• Thorough and systematic search for evidence
• Considerations- Resources, time and talent,
  locale, size, actions of suspects and victims
• Need a supervisor with a plan
• What and where to search depends on crime, theory
  and experience
• Homicide weapon and any evidence of contact of
  victim/assailant
• Burglary- point of entry, fingerprints
• Hit and Run- vehicle outside and undercarriage of
  car, blood, tissue, hair fibers, fabric, paint on
  victim

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Crime scene search patterns

• Link method
• Linkage leads to search
• Find blood, look for injured person
• Find tool mark, look for tool
• Line/strip method
• Outdoor crime scene
• Team searches on series of lines (1-2 or
  hundreds)
• Use of volunteers requires directions
• Grid method
• Modified line
• Advantage, two people search same area
• More time, more thorough
• Zone method
• Indoor crime scene eg one room at a time
• Good as zones can be prioritized and re-searched
• Wheel method
• Scene considered circular
• Limited application
• Spiral method

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Fundamental practices Recording the Scene

• Limited time in untouched state
• Document condition of crime scene and delineate
  location of physical evidence
• Three methods
• Photography Overview and close-ups (scales,
  markers may be in the way)
• Sketches Measure distances of impt evidence and
  juxtaposition
• Notes on interviews and observations

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Notes

• Taken throughout the process
• Written description of the scene and location of
  physical evidence recovered
• Time physical evidence discovered, by whom, how,
  who packaged and marked and disposition after
  collected.
• Notes may be the only source of information for
  refreshing memory, months and perhaps years after
  a crime is processed
• Tape recording can be useful - faster than notes

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More on Note Taking

• Crime scene notes should contain descriptions of
  the crime scene (signs of struggle, bullet holes,
  areas having a large amount of evidence),
  descriptions and locations of physical evidence,
  the disposition of physical evidence, and any
  personnel in or out of the crime scene area. 
• Notes must be comprehensible and chronological as
  they might be called upon to be revealed as part
  of a pre-trial discovery process. 
• Notes serve the function of compensating for loss
  of memory, and a familiar tactic in court that
  lends credibility to a detective is where they
  are allowed to consult their notes. 
• Notes also qualify as res gestae evidence, or
  spontaneous utterances, which carry more weight
  in court as an exception to the hearsay rule. 
  This can be very useful when the notes have
  recorded the first moments of what was said or
  done by a witness or suspect.           

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More on note taking

• Taken as events occur (contemporaneously)
• Detail, step-by-step, all actions
• Complete and thorough
• Clearly and legibly written
• Negative or unexpected conditions noted
• Be specific not near but 5 inches away
• Never discard notes, photos, videos, tapes
• Take notes as if you do not have photos!

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More details on notes

• Date and time first reported
• Type of crime
• Location and description of area including
  surrounding houses, streets and community
• Description of interior and exterior including
  type of residence, number of rooms and windows
• Description of outside scene including terrain
  plants, soil etc.
• Description of crime and events leading up

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More notes on notes

• Name of requestor of the crime scene
  investigation
• Name of all officers, witnesses, investigators
  and personnel
• Name of CSI, photographer, fingerprinter,
  sketcher and collector
• Weather and lighting
• Description of primary crime scene, location of
  body and details
• Location of evidence, name of collector and
  results of searchs
• Date and time CSI concluded

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Crime scene exercise 3aSearch for physical
evidence

• A shooting occurred at SJSU in the early morning
  near Clark Hall
• Witnesses (I am one of the witnesses) stated they
  heard 3 shots and thought they came from just
  outside Clark Hall toward the lawn with statues.
• Assign the following roles
• 1 Lead investigator, 6-8 CSIs (you will do hands
  on searching), 2 sketchers, 2 note takers, 2
  photographers, 2 security officers, 2 news
  reporters
• Secure the scene.
• Select at least 2 search methods.
• Take notes on what occurs
• Locate and document physical evidence
• Collect any physical evidence found and indicate
  the types of tests you would like to have
  conducted on the evidence.

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Crime Scene - Search for Physical Evidence -
Follow upYou were given the following questions
to answer individually after processing the
shooting crime scene. In your 4 teams, identify
discrepancies in your answers. What do you
believe has led to the discrepancy? How would
you resolve them? We will start monday by
reviewing each teams results that is- areas of
discordance in the answers both within and among
teams.

• Did you secure the scene? Was it active or
  passive? What boundaries did you set up?
• Did you interview anyone before arriving?
• What did you search for? Why?
• What search methods did you select? Why? Did
  one search method work better than the other?
• After you started your search, did you find
  anything that led you to look for other evidence?
  What kinds of links were you looking for?
• Did you select reference points for measurements?
  What did you select? What measurement method
  did you utilize?
• Did you make a rough sketch?
• Did you take photographs? What types? Did you
  check for film type? Did you use different
  exposures? Did you take good overviews, mid
  range and close up shots?
• List the number and types of evidence you found.
• Did you collect the evidence properly? Chain of
  custody, marked clearly, packaged, sealed, stored
  properly?