Chapter 2 concerned the general responsibilities of the first officer who confronts the homicide crime scene. This chapter will treat related situations that call for a specific response on the part of the first officer. These specific duties concern the following:

The suspect in custody

Transporting the suspect

Examination of the suspect for evidence

The dying declaration

The victim removed to the hospital

The victim pronounced dead at the hospital

The officer's duties at the hospital

The victim's confirmed dead at the scene

Handling witnesses at the scene

Additional officers at the scene

Handling news media personnel at the scene

The documentation of events by the first officer

In addition, I have included in this chapter a patrol officer's checklist, which the officer at the scene can use to refresh his memory about what vital information must be obtained and what duties must be accomplished in the initial investigation of homicide. Some of the information in this chapter may seem repetitive. It is meant to be. Based on my experience, some elements of investigative procedure need to be reinforced by repetition.

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

The Suspect in Custody

If the first officer takes a suspect into custody based on the officer's observations, information, or probable cause developed at the scene, the officer should not

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Figure 3.1 SUSPECT IN CUSTODY — DECEASED CONFIRMED DEAD AT SCENE. The deceased, a 16-year-old female, was accidentally shot by her boyfriend while he was practicing his quick-draw with a shotgun, which he wore in a sling under his arm. The boyfriend, a suspect in some local armed robberies (with a shotgun), had been showing off when the gun discharged. Hearing the blast and screams, neighbors called the police. Three patrol units arrived within minutes of the "shots fired" call. They disarmed the boyfriend at gunpoint, detained the group involved, and notified the detectives. In such situations, the perpetrator is obvious. The patrol officers should take the suspect into immediate custody, based on their observations at the scene. It is better, however, if the suspect is questioned later by the investigators and not interrogated by the patrol officers. If the suspect is talkative and wants to make a statement to the patrol officers, then by all means the statement should be taken. Make sure, however, that the suspect has been properly advised of his or her Miranda rights. (From the author's files.)

as a general rule interrogate the suspect. The interrogation should be conducted later by the investigator.

Practically speaking, however, certain types of homicide cases readily indicate the culpability of the suspect. In addition, in some instances, the suspect is quite talkative and insists on confessing or telling his "side of the story" to the officer. Under these circumstances, the officer should immediately advise the suspect of his constitutional rights under the Miranda ruling, make sure the suspect under-

Figure 3.2 MIRANDA WARNINGS CARD.

stands these rights, obtain an intelligent waiver from the suspect, and then allow him or her to make a statement.

I recommend that the officer advise the suspect of his rights using an official form, or a "Miranda warnings" card, issued by most departments to their officers. This will ensure that the rights have been given in a proper manner, and the card can later be presented in court upon the challenge of the defense attorney that his client was not properly advised by the officer. Under the Miranda ruling, the suspect must be told the following:

1. You have the right to remain silent and refuse to answer any questions. Do you understand?

2. Anything you say can and will be used against you in a court of law. Do you understand?

3. You have the right to consult an attorney before speaking and to have an attorney present during any questioning. Do you understand?

4. If you cannot afford an attorney, one will be provided for you without cost. Do you understand?

5. Now that I have advised you of your rights, are you willing to answer questions without an attorney present?

If the defendant understands his rights and answers in the affirmative to each of these questions, an intelligent waiver has been obtained. It should be noted that there are specific rules for non-English-speaking suspects and juveniles.

Transporting the Suspect

Sometimes a patrol officer will be requested to transport a suspect to the station house while investigators remain at the scene. If the suspect is to be transported to the police station by patrol officers, these officers should be instructed not to interrogate him or her. If the suspect insists on volunteering information or talking about the case, the officers should listen, remember, and later make notes of any statements made. It is important to note that an interrogation by officers who are not familiar with the facts of the homicide investigation may do more harm than good and perhaps completely damage the case.

I remember an embarrassing case that took place with NYC Manhattan detectives when they requested uniform officers to transport their "talking" suspect to the station house. The detectives wanted to get this guy away from the crime scene so the suspect would not overhear the investigators. The suspect, who had beheaded his girlfriend, had already given preliminary statements to the detectives after he had been properly advised of his rights. The detectives planned on continuing their questioning at the station house. The problem arose when the two rookie police officers, who were not specifically instructed as to what the detectives wanted them to do, drove off with the suspect and decided that because the man was in handcuffs, he should be advised of his rights. Apparently, it sounded better to the suspect when the patrol officer advised him of his Miranda rights. The suspect decided that he "wanted one of those free lawyers" the officers mentioned he could have.

The uniform officers never told the detectives about this little verbal encounter they had with the suspect. Needless to say, this turned out to be a disaster. When the detectives returned from the scene, they interrogated their suspect, who never mentioned the uniform officers. He also did not tell the detectives he had invoked counsel under Miranda. The detectives properly took a full statement of confession from their suspect, who was then reinterviewed on videotape by an assistant district attorney. The two rookie uniform officers who had given the suspect his Miranda rights on the way to the police station were subpoenaed by the defense and the suspect's confession was ruled inadmissible. Only the preliminary statements made to the detectives at the scene were admitted into evidence.

Remember: When utilizing uniform officers to transport a suspect, provide them with specific instructions. Do not assume that the uniform officers will know what they are supposed to do in every situation.

From a practical point of view, it is usually better if the suspect is interrogated by the investigator assigned to the case. The homicide investigators are in the best position to question the suspect based on their firsthand knowledge of the investigation, which includes examination of the crime scene, interviews with the first officers, and questioning of witnesses or any others who may have information relative to the case. Obviously, the investigator will be able to determine whether the suspect's statements are consistent with the facts of the homicide investigation.

Examination of the Suspect for Evidence

The investigator or homicide detective assigned to the case or another investigator familiar with the investigation should examine the suspect for evidence. However, in the event that the patrol officer has effected the arrest or has taken the suspect into custody, he or she should be aware that physical or trace evidence may be on the suspect or on his or her clothing and/or shoes. My advice is that the officer examine the suspect for any evidence and preserve the clothes and shoes, which can be vouchered as evidence in connection with the investigation. (See Chapter 8.)

The Dying Declaration

If the victim is alive, the officer must be alert to the possibility of obtaining a dying declaration. This can be performed while waiting for the ambulance or en route to the hospital. Officers should be knowledgeable in the requirements of a valid dying declaration. I would recommend that the department issue a checklist or card to patrol officers, which will assist them in obtaining a legally admissible statement that may later prove invaluable in firmly establishing whether a crime has occurred and in investigating the circumstances surrounding that crime. However, it may be used in a criminal trial only upon the death of the declarant. (See Chapter 5 section, "Obtaining a Dying Declaration.")

The statement can be oral or written. In any event, the officer should reduce the statement to writing and have the declarant sign it or make his mark. It is recommended that a witness be present. However, neither the absence of a witness nor the inability of the declarant to write this statement affects its admissibility.

The Victim Removed to the Hospital

Upon arrival of the ambulance, the officer should guide the intern and/or ambulance attendants to and through the central crime scene via a preselected route so that any physical or trace evidence is not destroyed or unnecessarily damaged. Whatever they touch or move must be observed by the officers on the scene and reported to the investigators when they arrive. An officer should ride in the rear of the ambulance with the victim and remain with him at the hospital, making sure not to interfere in any way with required medical treatment. If the prognosis is that the victim is likely to die, the officer's presence is necessary if the victim makes some statement or recalls some important fact not previously disclosed.

The officer at the hospital should attempt to have the victim's clothing removed intact. If cutting is necessary, however, it should not be done through any holes, cuts, or tears caused by bullets, knives, or other weapons or instruments. To facilitate this procedure, it is recommended that hospital emergency room personnel be contacted in advance to secure their future cooperation when or if such a situation arises. I would suggest that the investigative supervisor contact the hospital administrator and discuss matters of mutual concern. This liaison between homicide commanders and representatives of the hospital can be advantageous to both parties in getting the job done.

The Victim Pronounced DOA at the Hospital

If the victim is pronounced DOA (dead on arrival) or dies at the hospital, the officer should obtain the necessary information consisting of name of attending physician, cause of death, time of death, and any other factors which may pertain to the investigation. The officer should then immediately communicate with the detective or detective supervisor at the scene, relay this information, and then be guided by any further instructions he may receive.

The Officer's Duties at the Hospital

At the first opportunity, the officer at the hospital should communicate with the investigators at the crime scene in order to keep them advised of any developments at the hospital. In turn, the officer will receive such information as is necessary in order to talk intelligently to the victim if he or she regains consciousness or if the opportunity to obtain a dying declaration arises.

The Victim Confirmed DOA at the Scene

If the first officer arriving at the scene finds a body showing conclusive signs of death, the body should not be disturbed. Sometimes, inexperienced officers feel a need to "do something," particularly in the presence of family or friends of the deceased. They may feel compelled to cut down a body suspended in a hanging or otherwise disturb it, even when there are such obvious signs of death as rigor, lividity, and incipient putrefaction. In some instances, officers feel that they should immediately search the decedent so as to identify him or her quickly or obtain all the information for the desk officer when they call in their report. Once again, I emphatically state that the body should not be searched or disturbed until all other investigative processes have been completed and the medical examiner has completed his or her on-the-scene examination.

I would strongly suggest, based on past experience, that the search and inventory of the deceased be conducted in the presence of a supervising officer and, if possible, a member of the family or other civilian, in order to minimize a later charge of theft from the body, which unfortunately arises from time to time in dead-body cases. If the officer does cut down a hanging body because there are no conclusive signs of death, he must be careful first to observe the position of the knot when the body is suspended and then to leave the knot intact.

(A)

(B)

Figure 3.3 VICTIM REMOVED TO HOSPITAL. These photos show a crime scene established by first officers after the body was removed from the scene. (A) Overview of the scene with crime scene tape and evidence markers placed by the first responders. (B) Close-up photo of the bloody clothing and evidence markers. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

Handling Witnesses at the Scene

All witnesses present at the scene upon the officer's arrival must be detained for the investigators. The officer should also be alert to the possibility that one of the witnesses who "discovered" the body may in fact be the perpetrator. If the suspect is taken into custody at the scene, he or she should ordinarily be detained for the investigators or removed as soon as additional assistance arrives to protect the scene. Keep in mind scene contamination.

Keep witnesses and/or suspects separate from one another or, when circumstances make this situation impossible, at least attempt to prevent discussion of the incident in the hearing of or between these persons. At the same time, officers should be alert to any declarations which may be admissible under the res gestae rule. As soon as the circumstances and number of officers present permit, the witnesses should be moved outside the crime scene area or, at the very least, away from the central crime scene. Witnesses should not ordinarily be moved to the station house until the investigators arrive, to permit them to obtain the details basic to the investigation and crime scene search. The first officer should report all conversations with the witnesses to the investigators when they arrive and, at the first opportunity, make careful written notes of such conversations.

At times, the person who discovers the body, the witnesses, or perhaps members of the immediate family may be so distraught that some well-meaning person or physician may suggest that they be given a sedative. Officers present should attempt to delay this medication until the arrival of the investigators. Persons who are sedated are often unable to be spoken to for several hours or even until the next day. This could become particularly critical when the sedated individual emerges as a possible suspect or perpetrator of the crime. As always, this situation will require tact and discretion.

Additional Officers at the Scene

As other officers arrive, care must be taken that they conduct themselves in an appropriate manner. Too often, officers who have not seen each other for a while meet at crime scenes and drift into irrelevant conversation during the lulls that occur while waiting for the investigators, crime scene technicians, morgue wagon, and so on. At times, this banter produces snickers or outright laughter, which can be heard by members of the family or friends of the victim. The image of the officers, the department, and police in general may thus be downgraded or even ruined in the eyes of that family, the neighborhood, or even the entire community. This is one of the reasons that I recommend that officers, especially additional reinforcements, arriving at homicides be directed to report to the command post, which should be away from the central crime scene area. There they can await assignments and be supervised without their conversations being overheard.

Handling News Media Personnel at the Scene

If newspaper or television people arrive on the scene, they should not be permitted access and no information should be given to them at this time. In addition, if any witnesses or suspects are being detained, it is imperative that they be kept away from the media. The first officers can best accomplish this task by firmly insisting that no unauthorized persons are allowed to interview or ask questions of anyone present in the interests of justice.

First officers should tactfully explain that all information about the case will come from the chief investigator or the detective supervisor in charge at the scene. It can be explained that it would be unfair to make some information available, piecemeal, to some members of the press, which would not be equally available to all others, and that such information will be made uniformly available as soon as possible. This approach must be taken by all members of the department, whether at the scene, at the hospital, at the morgue, at the station house, or still on patrol.

Such an interests of justice or cooperation appeal will usually be sufficient to handle preliminary inquiries by the press. Most press personalities and news reporters who have dealt with the police before can appreciate the emergency nature of this phase of the investigation and know that any information must come from a ranking official or detective supervisor. However, the first officers may encounter an overzealous or pushy character who insists that the police have no right interfering with the freedom of the press. In these instances, merely exercise good police procedure and courteously remove him or her from the crime scene, just as you would remove any other unauthorized or unnecessary person. (See Chapter 19, "The News Media in Homicide Investigations.")

The Documentation of Events by the First Officer

The first officer (and indeed all officers taking part in the investigation) must be time conscious. He or she must, as soon as circumstances permit, record the time dispatched, the time of arrival on the scene, the time assistance was requested, and so on. Time may become an important factor in terms of the suspect's alibi. Accurate recording of time also makes for a more precise investigation and contributes to a more professional report. In addition, accuracy as to time will create a more favorable impression in court.

The first officer, as well as other officers who arrive on the scene prior to investigators, should realize that he or she will need to enumerate all his or her activities at the scene to the investigators when they arrive. The officers should be mindful that they too may be subpoenaed to court later and their notes may be subject to review.

The investigators must be informed of everything that was touched, moved, or altered in any way by the officers or by others who were at the scene when the officers arrived. Officers must not smoke, flush toilets, run tap water, or use the bathroom facilities or anything else at or near the crime scene unless absolutely necessary.

Figure 3.4 EVIDENCE IN SITU. The fleeing offender dropped the bent, bloodied knife on the staircase at the scene. The first officers properly secured the evidence in its original location. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

As soon as the first officers have performed their immediate duties, they should take advantage of any lulls or waiting time to record times, details, conversations they have had, names and addresses of witnesses or persons known to have been on the scene, and any other information pertinent to the investigation.

When the investigators arrive, the officers should immediately inform them — out of the hearing of the family, witnesses, suspects, and any others present — on all that has transpired up to that point. The investigators will now assume responsibility, at whatever point that they cut into the investigation, for the conduct of the investigation from that point on.

The Changing Sequence of Command

All officers should be aware of the changing sequence of command at homicide crime scenes. The first officer on the scene is in command until a uniformed officer of higher rank or an investigator arrives on the scene. The ranking uniformed officer will be in charge until the arrival of his or her superiors or an investigator. As soon as the investigator arrives, he or she will assume command from that point forward. He or she, in turn, will be superseded by an investigator of superior rank. Department regulations should provide for such shifts of command in these situations so as to avoid conflict and maintain a professional investigation.

Patrol Officer's Checklist

As a practical matter, the first officer's responsibilities in the preliminary investigation of homicide are divided into three specific duties:

Figure 3.5 PRELIMINARY DEATH INVESTIGATION — PATROL. This photo illustrates decomposition, skin slippage, lividity, and marbling. The first officers' responsibility here is simply to document the scene upon their arrival and ascertain whether anything was touched, moved, or altered in any way. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

1. Preserve life

2. Arrest the suspect

3. Protect the scene

The officer should record all homicide information in his or her memo book or notebook as soon as possible, preferably as it is obtained. This book should be retained for later court purposes and shown to the investigator when he or she arrives at the scene. All dead-body calls should be handled as homicides in this preliminary stage.

I have provided the following checklist of first-officer duties in order to assist the officer at the scene in refreshing his or her memory as to what vital information he or she should secure.

Initial Call/Receipt of Information

Record exact time and type of call patrol unit received. (In systems using modern computerized and recorded radio transmissions, the unit can check with Communications.)

If first notification is received in person, detain this person for investigators. If you are unable to detain for some reason, obtain sufficient identification and information for follow-up investigator.

Arrival at the Homicide Crime Scene

Record the exact time of your arrival and/or notify Communications that you are on the scene.

Enter the immediate crime scene area to view victim. (Only one officer should enter the scene unless the call is an emergency call and the offender may still be on the scene.) Use only one path of entry and exit.

Determine whether the victim is alive or dead.

If there is a possibility of life, summon an ambulance and apply appropriate first-aid procedures.

If circumstances indicate the victim is near death or dying, attempt to obtain a dying declaration.

If the ambulance crew is present before your arrival, determine whether the crew or anyone else moved the body or any items within the crime scene.

If there were any items moved, record the following:

What alterations were made

When the alterations were made

Purpose of the movement

Person who made the alteration

Record the names, serial numbers, and hospital of ambulance crew present at the scene.

If the victim is dead, record the official time of pronouncement by the ambulance attendant.

Arrest the perpetrator if he or she is present.

If the suspect has just fled the scene, initiate a wanted alarm.

Record any alterations to the crime scene that were made as a matter of investigative necessity — for example:

Lights turned on or off

Door opened, closed, locked, or unlocked

Body moved or cut down

Windows opened, closed, locked, or unlocked

Furniture moved; anything touched

Gas turned off, appliances turned off, motor of vehicle on or off

Protection of the Crime Scene

Attempt to assess the entire crime scene, including paths of entry and exit and any areas that may include evidence. (Remember the possibility of a multiple crime scene.)

Establish a perimeter; secure and protect the scene by isolation and physical barriers such as ropes, cones, and other equipment as necessary.

Record names, addresses, dates of birth, telephone numbers, etc. of all persons present at the crime scene.

Remove all persons from the immediate area. (Be careful not to chase off witnesses or the perpetrator, who may still be present.)

If the victim is removed from scene by ambulance, an officer should accompany him or her to the hospital, riding in the rear of the vehicle with the victim (for possible dying declaration).

An officer should remain at the scene in order to provide for its security.

If the victim's clothes are removed at the hospital, an officer should maintain control (the victim's clothes are evidence).

Request additional units as needed to protect the scene.

If it is necessary that a clergyman or doctor enter the scene, have an officer accompany him or her through the designated path of entry and caution this person about contamination and/or alteration.

Notifications

Make notifications by telephone if possible (police radios are often monitored by the press).

Never, unless absolutely necessary, use a telephone inside the crime scene. Such necessity would involve a life-or-death situation, the need for immediate transmission of alarms, etc.

Notify the investigators or homicide division.

Record the time of notification and who was notified.

Establish a temporary headquarters out of the central crime scene (preferably a location with two phones, one for incoming and one for outgoing. In addition, you can use cell phones for communications between and among investigators and headquarters).

Broadcast any alarms for suspects or descriptions of perpetrators from command post to guarantee uniformity and possibility of verification.

Notify Communications of the telephone numbers of the command post as well as the cell phone numbers of members at the scene to facilitate communications among the various units.

Preliminary Investigation

Initiate and maintain a chronological log recording the names, shield numbers, and commands of any police officers entering the crime scene. In addition, record the names, addresses, etc. of any civilians who may need to enter as well as names, titles, and serial numbers of any ambulance personnel. This log should reflect the entry and exit of any person who enters the crime scene.

Isolate and separate witnesses or suspects. Do not permit any conversations relative to the crime. Hold witnesses and suspects for the investigators.

Establish a path of entry and exit based on observation of the scene.

For any civilian at the scene, record identifying information and knowledge of the crime.

Do not touch, move, or alter anything in the scene. If you do, record it.

Do not smoke in the crime scene.

Do not flush toilets or run tap water in sinks or bathtubs. If this has been done, record it.

Refer all newspaper and media inquiries to the investigators.

Stand by for investigators and assist them as required.

Advise and inform investigators of all that has transpired since arrival of first officer.

Suspect in Custody

Determine whether the suspect is armed (search for weapons). If a weapon is recovered, record its description and location. Maintain custody pending arrival of investigators who will instruct as to vouchering and disposition.

Handcuff the suspect and isolate him or her from any witnesses and/or associates. (Use the rear handcuff method.)

If a suspect is arrested outside crime scene, do not return him or her to the scene.

If a suspect is arrested inside the crime scene, remove him or her immediately. (Remember scene contamination.)

Note and preserve any evidence found on a suspect and advise investigators.

Do not permit the suspect to wash hands or use the toilet (you may lose evidence).

Do not permit any conversation between a suspect and any other parties.

Do not initiate any interrogation (wait for the investigators). However, in certain types of homicides, the first officer will take statements. Make sure, however, that the suspect has been warned of his rights before taking any statement. As a general rule, conduct no interrogation.

Carefully record all spontaneous statements (res gestae rule).

Observe and record the behavior of a suspect (e.g., nervous, erratic, emotional, unemotional, drunk, under influence of drugs, any unusual behavior).

Suicide and Accidental Death

If a death appears to be suicidal or accidental, handle it as a homicide, pending arrival of investigators.

Secure the immediate scene and detain witnesses.

Preserve all evidence, e.g., notes, weapons, pills, vials, drugs, in their original position.

Notify investigators.

If vehicles are involved, do not allow removal until photos have been taken by crime-scene technicians or CSI personnel.

If suicide is by hanging and death is evident, do not cut the body down.

If the body is cut down because death is not evident, make the cut above the knot.

If relatives are present, get any background information, which may assist investigators.