This chapter will concentrate on the following events, which initiate a homicide investigation:

1. The actions that should be taken by police officers and police personnel who first receive a report of a possible homicide

2. The actions that should be taken by a police officer when a witness or passerby reports a possible homicide in person

3. The actions that should be taken by first officers on arrival at the homicide crime scene

4. The preliminary investigation that should be initiated by the first officer

Notification of a Possible Homicide: The Official Notification to the Police

The first notification to the police department of an actual or suspected homicide or an incident that may develop into one is usually received by telephone. This first call may simply be a request for assistance for an injured person, a call stating that shots were fired, or a report of a screaming man or woman. This first call to the police does not always provide sufficient data to enable the officer to assess the true nature and extent of the incident. Under circumstances where the information received suggests the possibility of a homicide, the person receiving the information should do the following:

1. Obtain and record the following information:

a. The exact time the call was received.

b. The exact location of occurrence.

c. Whether the perpetrators, suspicious persons, or vehicles are still at thescene. Try to get any descriptive information and direction of flight for the immediate transmission of alarms and/or notification to other patrol units.

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d. Where the person calling the police is located and whether that personwill remain. If not, where he or she can be contacted.

e. The name, address, and phone number of the person reporting the incident.

2. Request the caller's assistance, when it is practical. If the person making the report seems of suitable age and discretion (calm, etc.), request his or her assistance in safeguarding the location of occurrence. This request should be put into specific terms — for example, (1) that no one be admitted other than law enforcement personnel or medical people and (2) that nothing be disturbed.

3. When dispatching officers and units to the scene:

a. The dispatcher should be aware of the multitude of first officer dutiesthat may be required and should dispatch sufficient personnel and equipment to handle the situation based on the data obtained from the first notification.

b. Make appropriate notifications to supervisors and to the homicide/detectiveunit.

4. 911 operators and communications personnel receiving emergency calls to police should be aware that, in many cases, the person making the call to the police is actually the perpetrator, who may not identify himself or herself as such.

a. If the caller indicates that he or she has just killed someone, the necessaryinformation should be obtained in an ordinary and detached manner, the radio cars should be dispatched, and the operator should attempt to keep the caller on the line in the expectation that the call will still be in progress when the dispatched officers arrive. These officers can then verify that call with the switchboard operator, thereby preparing the basis for a later courtroom presentation.

b. Even if the operator cannot keep the caller on the line until the arrivalof the responding police, the operator should be alert to any identifying characteristics of the caller for later voice identification.

The first officer or person receiving notification should, as soon as possible, put in writing the word-for-word content of the call or conversation.

Remember: The individual who first reported the incident may later become a suspect and the exact words he or she used become critical to the case.

Most departments today, especially in major cities, have caller ID and record all incoming calls as a matter of official procedure. Departments that cannot afford this type of operation or do not wish to record all calls still have the option to invest in an inexpensive tape recorder with a telephone pick-up. This equipment can then be activated manually by the 911 operator or dispatcher to record any calls of importance, with specific instructions to record incoming calls relating to homicide or any other serious crime.

Recording of the initial call, especially if the call is made by the perpetrator, can be of invaluable importance later in the investigation.

I recall one case in particular where the common-law husband of the deceased called the police and reported that he had found his wife wandering around the neighborhood in a dazed and beaten condition. This call, which was received through our central 911 system, was automatically taped before the job was given to the unit concerned. The patrol unit was given the assignment, responded to the address, and found the woman DOA. They interviewed the complainant, who had mistakenly changed his original story. The complainant did not realize his original call to the police had been recorded. The officers, realizing the discrepancy, notified the homicide division and went along with the husband's story.

Upon our arrival, we examined the body, listened to the husband's account of what had happened, and interviewed the first officers, who clued us in to the discrepancies they had observed. It was soon obvious that the common-law husband of the deceased was our suspect. His original call about finding his wife wandering around in a dazed and beaten condition was apparently forgotten as he became thoroughly enmeshed in a much more involved fairy tale. He was now claiming that his wife had been a victim of rape and burglary because he had found her in a nude and beaten condition when he arrived home. He was promptly advised of his constitutional rights, and we allowed him to give a full statement relative to the supposed rape and burglary. He steadfastly denied that he had beaten his wife and continued to embellish his story in an attempt to explain the inconsistencies that we inquired about.

However, when I requested the Communications Division to rerun the original taped call, there was our suspect telling a completely different story on tape. Needless to say, upon being confronted with this verbal piece of evidence and hearing his original fairy tale from his own mouth, he changed his mind and gave us a complete confession. His story was that she had returned to the apartment after being out drinking with her friends. He had been home drinking and brooding about her "running around." When she returned, they had an argument, and he proceeded to beat her. In his drunken rage, he killed her. He could not get rid of the body because people were still on the front stoop of his building and in the streets. Therefore, he undressed her, attempted to clean up some of the blood (he did not do a very good job), waited for a while, and then called the police to say that he had found her outside. While he was waiting for the police, he came up with the rape and burglary idea.

It is therefore very important that the first officer responding to the homicide crime scene note the time of the call and/or any initial information, especially if informed of the crime by a passerby or witness. The initial time and the officer's observations are crucial to the investigation of homicide. Even while responding to

Figure 2.1 911 JOB — STAGED CRIME SCENE. Was this a vicious assault, rape, and burglary or a cover-up for murder? This woman was brutally beaten to death by her common-law husband, who then tried to cover up his deed by stripping the clothes off the body and placing it in this position to indicate a rape. (From the author's files.)

the scene and departing from the patrol vehicle, the officer should remain observant and alert to any unusual activity or actions by persons at the scene.

First Notification of Homicide Received in Person by Patrol Officer

If the first notification is received in person by an officer on patrol, he or she should immediately note the time and the exact information. The person reporting it should be requested to accompany the officer, and this person should be returned to the vicinity of the crime scene and detained for the investigators. It is important to note that valuable information is often irrevocably lost because the person who reported the homicide to the police officer is allowed to wander off in the confusion at the scene or is not detained for the homicide detective. If for some reason the officer cannot detain this person, he should at least obtain sufficient identification and other personal information so that the follow-up investigator can interview this important witness at a later date.

Remember: When returning this reporting person to the possible homicide location, never allow him or her to enter the actual crime scene. You may contaminate this scene by adding something to it or by negating the value of trace evidence, which will be found later and may point to the possible perpetrator.

It is always possible that the person reporting the crime is actually the killer. I remember one incident when my partner and I were on investigative patrol in Harlem in an unmarked detective auto. I should point out that these unmarked autos are about as nondescript as a fire engine to the knowing eyes of a criminal. In any event, we had just entered West 117th Street off Lenox Avenue when we observed a male running out of an alley. At about the same time, this male spotted us. He came running up to us and excitedly stated, "There's a man getting killed in the alley." At first impulse, we were about to go charging into the alley; however, being street-wise and suspicious of this sudden show of good citizenship, we grabbed him by the arm and brought him along with us into the alley.

There had been a homicide all right. Apparently, our "good citizen" had killed a fellow addict over a bag of "junk." Two addicts who were making a futile attempt to revive the deceased quickly identified our "guest" as the killer. He still had the bloody knife in his pocket and there was blood on his shirt and pants. Maybe if we had not been in a high-crime area or suspicious of our "good citizen's" intentions, we might have gone charging into the alley, only to discover that we had allowed the perpetrator to walk away. This would not have been the first time a suspect had pulled this off. Keep in mind that the next person who comes running up to you yelling murder may be the killer.

Remember: Do not run off without detaining this reporting witness or at least obtaining sufficient identity for follow-up investigators.

First Officer's Duties on Arrival at the Scene

In almost all instances, the first officer to arrive at any homicide crime scene is the uniformed patrol officer. Rarely is the patrol officer a witness to the actual homicide. He usually arrives a short time after in response to a radio transmission or emergency call made by some citizen who has witnessed the crime or stumbled upon the homicide scene. There is no doubt in my mind that the initial actions taken by the first officer may determine whether there will be a successful homicide investigation.

On arrival at the homicide crime scene, the first officer is confronted with a situation that can fall anywhere between these two extremes:

1. He might be met by one individual, calm and composed, who directs him to a body which manifests obvious, conclusive signs of death in an easily secured and/or safeguarded location.

Figure 2.2 CRIME SCENE PROTECTION. Uniform officers who have arrived at a homicide scene secure the area pending the arrival of the detectives. Note the use of crime scene tape around the perimeter of the scene to prevent any unauthorized entry. (Courtesy of Detective John Brunetti, West Haven, Connecticut, Police Department.)

2. The scene might be filled with people milling about, shouting, and/or weeping, the perpetrator may still be at the scene or just escaping, the victim may still be alive and in need of immediate medical assistance, and the scene may be a public or quasipublic place difficult to safeguard.

Whatever the situation at the scene, the first officer has three primary duties:

1. Determining whether the victim is alive or dead and the necessary actions to be taken

2. Apprehending the perpetrator, if he is still present, or giving the appropriate notifications if he is escaping or has escaped

3. Safeguarding the scene and detaining witnesses or suspects

Protection of Life

Each case, of course, will require a different pattern of responses, but the major principle which should guide the first officer is the protection of life. This includes not only the life of the victim when there is a possibility of saving him but also lives of others on the scene, including the suspect and the officer. Situations such as barricaded felons exchanging fire with responding police units as a victim lies in the line of fire, possible hostages, and the ever increasing instances of terrorist acts obviously will require additional police responses, including requests for specialized units.

However, under ordinary circumstances, whenever there is any doubt as to death, the officer should presume that there is life and proceed accordingly. First officers should therefore be aware of the signs of death.

Figure 2.3 BREATH STOPPAGE. The cessation of breathing is best determined by observation of the abdomen just below the point where the lowest rib meets the breast bone. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)

Breath stoppage. This is best determined by observation of the upper part of the abdomen, just below the point where the lowest rib meets the breastbone. Any up and down motion here, however slight, is indicative of breath and life. When there is no motion, breathing may have stopped or be too shallow to be observed. However, death must not be presumed from the cessation of breathing alone.

Cessation of pulse. In most cases, the heart continues to beat after the cessation of breathing for a short period of time — from a few seconds to a few minutes. Pulse can be detected by placing the tips of the fingers on the undersurface of the radial bone (at the base of the thumb) and firmly pressing inward. The absence of pulse, coupled with the cessation of breathing, generates a high probability of death.

Eye reflexes. During life, the pupils of the eyes are round and equal in size, and the eyeball is extremely sensitive. At death, the muscles that control the pupils relax, causing them to lose their symmetrical appearance; they may differ in size. The eyelids become flabby in death, and if they are opened by someone, they will remain open. Finally, in life, touching the eyeball will cause some reactive movement of the eyeball or eyelid, but no such reaction occurs in death. The absence of eye reflexes, coupled with the cessation of pulse and breath, is a conclusive sign of death.

Of course, other conclusive signs of death, such as rigor mortis, lividity, and putrefaction, are somewhat obvious and require little or no examination. These will be

Figure 2.4 PULSE. A pulse can be detected by placing the tips of one's fingers on the undersurface of the radial bone. In addition, the pulse can also be detected by placing one's fingertips on the temple or flat portion of the side of the victim's forehead. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)

discussed in greater detail in Chapter 9. It should be noted, however, that the officer is not expected to perform the functions of a physician. If there is the slightest doubt whether the victim is dead, it should be resolved in favor of the presumption of life.

Safeguarding the Scene and Detaining Witnesses or Suspects

The first officer at the scene of a homicide is immediately confronted with a multitude of problems, which he must quickly analyze so as to take the necessary steps. Quickness, however, does not imply haste. The first officer's actions must be deliberate and controlled. When the assignment information communicated to him by radio, passerby, or telephone suggests an incident which is or may become a homicide, the officer must become scene conscious as he approaches the given location. He must be alert to important details which are transient in nature and may be subject to chemical change. Changes may occur by dissipation or simply by persons on or arriving at the scene moving things. These may include, but are not limited to

1. The condition of doors and windows, whether closed or ajar, locked or unlocked, whether shades are drawn or open, the position of shutters or blinds, etc.

2. Odors, such as perfume, after-shave lotion, gas, marijuana, cigar or cigarette smoke, gunpowder, chemicals, putrefaction

3. Evidence which may be obliterated or damaged on the approach to the central scene, such as tire marks on the roadway or stains such as blood or other body fluids, fibers and shell casings on the floor or in high grass or soil, discarded cigarettes or cigars, matchsticks, a weapon, fingerprints, and even personal property that the perpetrator left behind in his haste to get away

4. Whether lights and light switches are on or off; condition of electrical appliances — on or off, warm or cold

5. Original position of furniture or articles which may have been moved in order to get to the victim to render first aid, to make a determination of death, etc. (If ambulance personnel arrived before patrol units, the patrol officer should get their identification and determine what, if anything, was moved or touched.)

In most instances, the first officer will face an emergency condition at the homicide crime scene. However, he must maintain a professional image, which will enable him to perform effectively during this preliminary response stage. The first officer should direct his attention to isolating the body and immediate surroundings from all other persons. This procedure alone will usually call for a great deal of tact in dealing with members of the family who may be present, sympathetic neighbors, and the curious (strangers or other police officers who have responded).

In this phase of preservation of the scene and removal of unauthorized persons, the first officer in his diligence to remove unnecessary persons should be careful not to chase off possible witnesses or others who have important information. Do not overlook the possibility that one of the people you might chase off could be the perpetrator. I remember spending an entire nightwatch tour trying to locate a suspect who had literally been chased from the area by uniform officers while they were attempting to secure a homicide crime scene at a street location. The suspect, who was intoxicated and generally abusive, claimed to be a friend of the victim and had been pushing his way to the front of the crowd to get a better look and "see if the man was really dead." He had been admonished several times to remain behind police lines; however, he did not comply. One of the officers, probably out of sheer frustration, grabbed him by his coat collar and the back of his belt and literally tossed him out onto the street. The officer followed this up with an appropriate description of what he would do to the suspect if the suspect returned.

Needless to say, the suspect took the officer's friendly advice and "got into the wind" — he disappeared. When the investigators arrived, they began questioning persons in the area and soon learned that the suspect and the deceased had been seen together earlier in the evening drinking and quarreling over a debt the deceased refused to pay. A witness to the murder was located, as were various pieces of evidence that linked the suspect to the crime. Only one problem remained: the suspect could not be found because the officers had scared him away.

The first officer may even need to guard against his overzealousness or desire to impress superiors by being the first to discover some piece of evidence and thus inadvertently destroying its value by picking it up. He may also need to overcome sheer curiosity or walking onto the scene "just to get a better look."

In addition, it is important to keep in mind that all personal habits of the officers at the scene must be carefully controlled. These include, but are not limited to, cigarette or cigar smoking, use of the toilet in the crime scene, discarding any foreign substance at the scene, and using the telephone.

Remember: At this stage of the investigation, the only evidence that should be collected by the patrol officer is that of eyewitnesses or that which is testimonial in nature, such as res gestae or spontaneous utterances of a suspect.

The First Officer Initiates the Homicide Investigation

The first officer who is confronted by the homicide crime scene has a very involved responsibility. Although the formal investigation will be conducted by detectives or the criminal investigator, it is the first officer who has the responsibility of initiating the investigation. I have provided ten practical rules of procedure, which may be used as a guide in initiating a professional homicide investigation.

1. Arrest the perpetrator if you can determine by direct inquiry or observation that he or she is the suspect. (As a general rule, do not question him or her at this stage.)

2. Detain all persons present at the scene.

3. Attempt to assess and determine the entire area of the crime scene including paths of entry and exit and any areas that may include evidence.

4. Isolate the area and protect the scene. (Use crime scene tape; see Figure 1.6 in the preceding chapter.) Seek assistance if necessary. Notifications must be made to superiors, investigators, and specialized units.

5. Refrain from entering the scene and/or disturbing, touching, or using any item found there. Never use the crime scene as a command post or the telephone as a communications center. In communicating with the station house or headquarters, the first officer should not, unless absolutely necessary, use a telephone instrument at the scene. This necessity should be determined by common sense and priorities. The first officers should instead establish a temporary command post outside the central crime scene, preferably where there are at least two phones available, one for incoming and one for outgoing calls. In the early stages of the investigation, there is a definite need for rapid communication between the various centers of investigation.

6. Identify and, if possible, retain for questioning the person who first notified the police.

7. Separate the witnesses so as to obtain independent statements.

8. Prevent all unauthorized persons from entering the crime scene until the arrival of the investigators. This, of course, includes police officers not directly involved in the crime scene investigation. The detective supervisor and the investigator assigned are, of course, allowed entry into the scene for evaluation purposes. Other unavoidable exceptions may include the medical examiner or a doctor or clergymen. In any event, establish a pathway in and out so as to avoid unnecessary disturbance.

9. Keep a chronological log containing the name, shield number, command, and title of any police official who enters; the name, serial number, and hospital of any medical personnel, ambulance driver, or technician; and the names and addresses of any civilians entering the crime scene.

10. Take notes.

Although this list may seem very simple and basic, I can assure you from experience that in the confusion that permeates the homicide crime scene, it is inevitable that such a fundamental principle as not touching or using the phone is invariably forgotten as the need for communications overwhelms good technique. Many times I have responded to a homicide in an apartment, only to find that the telephone was being used as a communications line and one of the rooms as an office or command post. Needless to say, valuable trace evidence is irrevocably lost because of these careless actions.

Remember: Never use the crime scene as a command post or the telephone as a communications center.

Dealing with Emergencies at the Scene

It should be noted that rules and procedures are only a guide to assist the first officer in performing his or her functions at the homicide crime scene. The true test, however, in any given crisis is common sense. Often the officer does not have the luxury of clinical textbook conditions to direct his or her performance. Practically speaking, it is usually the street-wise officer who manages to come up with the appropriate solution in an emergency that occurs in an otherwise routine job because he or she possesses flexibility and common sense — the two ingredients necessary in an emergency.

Sometimes the first officer is faced with hysterical or violent persons, who may include the perpetrator and/or his hostile family and friends or the family and friends of the deceased bent on revenge or so overcome with grief that they become irrational. In addition, especially within inner-city enclaves, hostility may result from a general distrust of the police or any number of factors ranging from misunderstanding of the police function to the real or imagined grievances of the citizens involved, none of which is amenable to correction by the first officers responding to the crime scene.

In situations such as these, the first officer would be foolhardy not to pick up any weapons connected with the crime scene, in order to preclude their use by those present against the officer or another person. Protection of life would, in that case, take precedence over the general rule of not picking up or disturbing any evidence at the scene. However, the officer should continue to remain scene conscious, disturbing only that which is necessary and being careful to note the location, position, and condition of each item before it is moved or changed.

Figure 2.5 ESTABLISHING THE CRIME SCENE. The first officer should direct his attention to isolating the body and the immediate surroundings. In this case, a man's body had become impaled on a wrought-iron fence. At this stage of the investigation, the case could be a homicide, suicide, or accident. The first officer must establish a crime scene for the responding detectives and isolate the body from the onlookers. (Courtesy of retired Detective John DeGuilio, Crime Scene Unit, New York City Police Department.)

I remember one crime scene in a South Bronx social club that resembled The Shoot-Out at the O.K. Corral. Two bodies were lying on the floor and a number of guns were strewn about; a large, angry group of combatants had been temporarily "neutralized" by the responding police. The first officers had instinctively retrieved the guns to prevent further bloodshed. Common sense would dictate removing the weapons before you have an increased body count or you lose the evidence to the local gun collectors.

In extreme cases, it may even be necessary to move the body and abandon the scene. However, this is a last resort, only undertaken when police officials at the scene cannot maintain police lines or are forced by conditions that indicate there will be a further loss of life to innocent bystanders or injury to police officers at

Figure 2.6 CHALK LINES AROUND THE BODY AT A CRIME SCENE. You are not to draw lines around the body at a crime scene unless the body is to be removed. This photo shows evidence that the crime scene had been visited by a "chalk fairy" — a term used to describe mysterious police officers who feel the need to draw lines around the body and then disappear when investigators attempt to find out who contaminated the scene. (From the author's files.)

the scene. Such a situation could occur when a militant or radical group has just lost its leader through an assassination or because of any incident which may trigger a large-scale civil disturbance. In these cases, if the officers have access to the body, they should, consistent with their own safety, attempt to remove the body from the crowd. While doing so, they should attempt to note the original position, any new blood flow, any rigor or lividity if present, and any other information which may later assist in the investigation by the pathologist and detectives.

In such situations, there will usually be a number of news media representatives, including still and movie photographers. Police officials at the scene should enlist the assistance of these cameramen and photographers in getting as many photos as possible, with an accent on the persons present at the scene. In addition, there is usually ample time to arrange for police photographers to be present to take intelligence films. If conditions allow, it may even be possible to have these police photographers take the necessary crime scene shots before you move the body,

Figure 2.7 TELEPHONE IN CRIME SCENE. In these two close-up photos of a cell phone, it is obvious that the phone had been handled by someone who had been bleeding. (This may include the perpetrator as well as the victim.) It is imperative that this valuable evidence not be touched or disturbed before a forensic examination is made. Telephone instruments often contain latent prints. The first officer should be aware of the existence of trace evidence on the telephone instruments and not use any telephone in the scene to communicate with the police station or other police units until it has been processed for evidence. Although this particular telephone obviously contains trace evidence, it should be noted that any object at the scene may contain latent prints or other evidence and should be treated accordingly.

(Courtesy of Detective Mark Czworniak, Chicago Police Department.)

taking special note of the crowd. These photos and news films can later be reviewed for evidence and information.

I recall one such episode, which occurred in New York City during a "Unity Day" rally in the early 1970s. A major member of organized crime, who had arranged for a rally against alleged police and FBI harassment, was about to address a large assemblage when, suddenly, he was shot. Although uniformed police officers were only a few feet away, they were completely helpless in the chaos that followed. In addition to this attempted "hit," literally dozens of guns were drawn by the personal bodyguards of the victim and by members of the opposite faction. The bewildered police officers also drew their guns, but because they could not tell the "good guys" from the "bad guys," they withheld their fire. However, several shots were fired. A supposed suspect was killed (no one knew by whom), guns were strewn all over the place, and several ongoing struggles were occurring within the crowd. The police were at a complete disadvantage in maintaining any type of original crime scene. However, a later review of the film coverage taken by the major networks and the intelligence photos taken by police and FBI photographers was invaluable in recreating the original scene and identifying possible perpetrators as well as suspected members of organized crime who were present during the shooting.

Conclusion

In conclusion, the police officer responding to or confronted by the homicide crime scene should prepare to take five basic steps upon arrival. If he executes them carefully, he will have initiated a proper professional investigation. The homicide crime scene is not an everyday occurrence for most officers. Usual police activities are emergencies, requiring automatic reaction, or routine handling of called-for services. The officer who confronts the homicide crime scene, however, finds himself somewhere between these two extremes. He must, therefore, adapt to the situation. I offer the acronym ADAPT as a basic, five-step approach:

A — Arrest the perpetrator, if possible.

D — Detain and identify witnesses and/or suspects for follow-up investigators.

A — Assess the crime scene.

P — Protect the crime scene. T — Take notes.

It should be noted that the arrest in the first "A" is actually an apprehension by the responding police officer. However, because any seizure of a person is legally an arrest, I have used that term. I recommend that the actual arrest for homicide should be made by the detective or investigator assigned to the case. The police officer should get full credit for the apprehension, but the formal arrest is a function of the investigative division of the police agency. I make this point because the formal arrest is based on the original probable cause resulting in the apprehension of the suspect coupled with all of the investigative information developed during the subsequent inquiry by the detective.

The arrest is only the beginning of a long legal process. There will be additional interviews of witnesses, preliminary hearings, possible grand jury appearance in certain jurisdictions, and a number of court appearances leading up to trial. For the purposes of effective prosecution, it is imperative that the police representative be the arresting officer as well as the case officer. This is an important legal strategy to prepare for any subsequent defense tactic to challenge the initial arrest.

The apprehending officer will only testify to his or her observations and initial probable cause. The detective will carry the weight of the prosecution's case by providing the investigative details and evidence supporting the charge of homicide.

Remember: Do it right the first time. You only get one chance.

Selected Reading

Geberth, V.J. Practical Homicide Investigation: Tactics, Procedures, and Forensic Techniques. 3rd ed. Boca Raton, FL: CRC Press, 1996.

Geberth, V.J. Practical Homicide Investigation Checklist and Field Guide. Boca Raton, FL: CRC Press, 1996.