The search of the crime scene is the most important phase of the investigation conducted at the scene. Decisions of the courts restricting admissibility of testimonial evidence have significantly increased the value of physical evidence in homicide investigations. Therefore, law enforcement personnel involved in the crime scene search must arrange for the proper and effective collection of evidence at the scene.

Physical evidence, which is often referred to as the "unimpeachable witness," cannot be clouded by a faulty memory, prejudice, poor eyesight, or a desire not to get involved. However, before a forensic laboratory can effectively examine physical evidence, it must be recognized as evidence.

Practically speaking, anything and everything should be considered as evidence until proven differently. I cannot recall how many times I found myself along with my detectives returning to a crime scene. This was after we received additional information, which revealed that some seemingly innocuous item was actually an important piece of evidence. That is why it is imperative to hold onto the crime scene as long as possible. Some item that didn't seem significant on the first day of the investigation may suddenly take on the intrinsic value of gold.

An excellent example of the Practical Homicide Investigation principle that anything and everything should be considered as evidence is the case involving serial murderer Danny Rollings, who became known as the "Gainesville Ripper." He had been staying in the woods at a campsite near an apartment where 18-year-old Christa Leigh Hoyt had been murdered. The police, who had been scouring the woods looking for anyone or anything suspicious, came upon Rollings and another male on their way back to a campsite. When the police ordered the two men to halt, Rollings ran away. The police questioned the other male, who remained behind. He led them to the campsite where Danny Rollings and he were heading.

When the officers discovered the campsite, they found a number of items that would later link Rollings to the five murders. However, the only item that seemed important at the time was a bag of cash covered with pink dye. There had been a bank robbery the previous day and the unknown white male who ran from the police matched the description of the bank robber, who turned out to be Danny Rollings.

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The police collected and secured everything at the campsite, which included bedding, a gun, a ski mask, a cassette tape deck, and a screwdriver. Subsequent laboratory tests were conducted on these crucial materials retrieved from the campsite. The authorities were astonished to find that 17 pry marks at three of the murder scenes were matched to the screwdriver retrieved from the Rollings campsite. In addition, pubic hairs found through vacuuming the campsite matched Christa Hoyt through DNA analysis.

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

Legal Considerations

Once an item is recognized as evidence, it must be properly collected and preserved for laboratory examination. However, in order for physical evidence to be admissible, it must have been legally obtained. The courts have severely restricted the right of the police to search certain homicide crime scenes without a warrant. The United States Supreme Court has rendered three major decisions which require police to obtain a search warrant to search a location where the suspect and the deceased share a proprietary right to the premises.

In Mincey v. Arizona (437 US 385, 1978), the Supreme Court said that the police had violated the defendant's Fourth Amendment rights. Mincey, who was a dope dealer, had shot and killed an undercover narcotics officer during a drug raid. Mincey was wounded and one of his companions was killed in the subsequent gun battle. Following procedure, the narcotics officers secured the premises and notified Homicide. Homicide detectives conducted an investigation during which hundreds of pieces of evidence were seized by the police over a 3-day crime scene search. Mincey was convicted of the murder of the undercover officer. The conviction was overturned by the Supreme Court, which maintained that Mincey's Fourth Amendment rights were violated and that the police should have secured a search warrant. The Supreme Court basically informed law enforcement that "there was no homicide crime scene exception" to the Fourth Amendment.

Did we in law enforcement get the message? No.

In 1984, the Supreme Court once again stepped in to address the same issue in Thompson v Louisiana (469 US 17, 1984). In the Thompson case, a woman who was reportedly depressed shot and killer her husband. She then took an overdose of pills in an attempt to commit suicide. She suddenly experienced a "change of heart" and decided she did not want to die. She called her daughter, who in turn called the sheriff's department, which dispatched an ambulance and deputies to the woman's home. The woman was transported to the hospital, where she was treated. Investigators were called to the house and gathered evidence of the murder in the crime scene. The woman was subsequently charged and convicted in the murder of her husband.

The Supreme Court ruled against the State of Louisiana, citing the Mincey decision and the expectation of privacy provided in the Fourth Amendment. The woman's conviction was overturned. Once again, the courts ruled that there was no homicide exception and that the police were required to obtain a search warrant. Did we in law enforcement get the message this time? No.

In 1999, the Supreme Court once again stepped in to address the same issues raised in the Mincey and Thompson cases. This time it was in Flippo v West Virginia (98 US 8770, 1999). Flippo was a pastor who reportedly was having a homosexual affair with a member of his congregation. His wife had discovered the relationship and was going to divorce him. Flippo convinced her that they should reconcile and talked her into going on a camping trip. They went to a cabin in West Virginia that the pastor had rented. While at the cabin, the pastor reported that they had become victims of a home invasion during which his wife was fatally beaten and the pastor was slightly injured.

The police were not impressed with Flippo's injuries. He was brought to a local hospital and "patched up." Investigators processing the crime scene came upon Flippo's briefcase. Inside the briefcase were various pornographic pictures of Flippo and his male lover engaged in sexual activities. These materials, which represented motive, as well as the other evidence seized from the cabin were introduced into trial. Flippo was convicted of the murder of his wife. The conviction was overturned based on the same issues raised in Mincey and Thompson. The message is quite clear:

A search warrant should be secured before any crime scene search is undertaken under these circumstances. There is no "homicide scene exception" to the Fourth Amendment. Any extended search of a homicide scene, without consent or exigent circumstances, requires a search warrant.

Homicides involving common-law relationships, husbands and wives, or family disputes may necessitate that the detective secure a warrant before a premises can be searched. The professional homicide detective must be aware of the legal requirements for a warrant dependent upon Supreme Court decisions, as well as state law and case law within his or her jurisdictional purview. An additional consideration is the dynamics of the event, which may present legitimate search warrant exceptions. The courts have recognized certain circumstances which allow for exceptions to the requirement of a search warrant. These exceptions are emergency or exigent circumstances, evidence in plain view, postarrest search of an individual for weapons and contraband, and consent.

The ruling in the O.J. Simpson hearings that the authorities properly entered the compound of Mr. Simpson based upon exigent circumstances is an example of a search warrant exception. In addition, blood evidence on the subject's Ford Bronco and in the driveway of his residence, which was in plain view of authorities, was also allowed into evidence.

Figure 8.1 SEARCH WARRANT EXCEPTIONS. This graphic used by the author indicates the search warrant exceptions. (From the author's files.)

Practically speaking, if there is any possibility that evidence you are about to seize for use in a homicide prosecution requires a search warrant, get the warrant. You will save a lot of headaches later.

Warrantless Searches Where Suspect Shares Possessory Right to Premises

Almost every crime will constitute an emergency that justifies law enforcement's warrantless entry to the scene. Traditionally, courts have recognized three.

Threats to life or safety

Destruction or removal of evidence Escape

Officers are authorized to do whatever is reasonably necessary to resolve the emergency. Once the emergency is resolved, the emergency exception is negated.

Practical Examples of Reasonableness: Officers Arriving at Scene of Violent Crime

• They can unquestionably sweep the premises in an effort to locate the victim, additional victims, and or the suspect.

• If a body is found, the police can take the M.E. into the scene to view and collect the body

• They may have probable cause to believe a crime scene contains evidence that will be destroyed if not quickly recovered. That evidence may be retrieved as part of the emergency.

• The "plain view" doctrine can be followed.

• They can preserve the crime scene. (This is considered reasonable.) • They can document the scene (photographs, videotape and diagrams).

Physical Evidence

Physical evidence refers to any tangible article, small or large, which tends to prove or disprove a point in question. It may be used to reconstruct the crime, identify participants, and confirm or discredit an alibi.

Homicide and sexual assault crime scenes usually contain an abundance of physical or trace evidence. The systematic search for, collection of, and preservation of physical evidence is the goal of the crime scene search. Therefore, the detective supervisor should organize the crime scene search so as to collect as much physical evidence as possible. In addition, the search must be based on constitutionally legal grounds, and the evidence collected must be properly documented and handled so that it may be presented in court later. It is imperative that each piece of physical evidence be treated separately and carefully to avoid cross contamination.

Types of Physical Evidence

Transient evidence. This type of evidence is temporary in nature. It can include odors, temperature, imprints and indentations in soft or changing materials (butter, wet sand, snow, or mud), and markings (e.g., lividity, blood spatters on moveable objects).

Pattern evidence. Pattern evidence is produced by contact. Blood splatter, glass fracture patterns, fire burn patterns, furniture position patterns, projectile trajectory, tire marks, modus operandi, clothing or article patterns, and powder residue patterns are considered pattern evidence.

Conditional evidence. Caused by an action or event, conditional evidence can be lighting conditions at a crime scene; odor, color, direction of smoke; flame (color, direction, temperature); location of evidence in relation to the body; and the vehicle (locked or unlocked, lights on or off, window open or closed, radio on or off, mileage).

Transfer evidence. Transfer evidence is generally produced by the physical contact of persons or objects, or between persons or objects. It is characterized by the linkage concept.

Trace evidence. A principle in homicide investigation refers to a theoretical exchange between two objects that have been in contact with one another. This theory of transfer or exchange is based on Locard's "exchange principle." Edmond Locard, a Frenchman who founded the University of Lyon's Institute of Criminalistics, believed that whenever two human beings come into contact, something from one is exchanged to the other and vice versa. This exchange might involve hairs, fibers, dirt, dust, blood, and other bodily fluids, as well as skin cells, metallic residue, and other microscopic materials. In Practical Homicide Investigation, Locards' principle is summed up as follows:

1. The perpetrator will take away traces of the victim and the scene.

2. The victim will retain traces of the perpetrator and may leave traces onthe perpetrator.

3. The perpetrator will leave behind traces at the scene.

The Concept of Linkage

Dr. Henry Lee, a forensic scientist who is the director emeritus of the Connecticut State Crime Lab, developed the concept of linkage as the basis for any crime scene examination. Figure 8.2 is a visible representation of this concept.

The goal is to establish a link between the various facets of the crime scene, the victim, physical evidence, and the suspect. All of these components must be connected for the successful resolution of the case. The basis of conducting such a fourway linkage rests on Locard's principle of the "theory of transfer and exchange."

Remember: Anything and everything may eventually become evidence.

An excellent example of the four-way linkage concept was presented by the prosecution during the O.J. Simpson case. The "trail of blood" theory based on the DNA analysis indicated that blood drops at the scene of the double murder of Nicole Brown Simpson and Ron Goldman, as well as blood in O.J. Simpson's Ford Bronco and his residence, positively identified O.J. Simpson as the suspect. The

Figure 8.2 LINKAGE CONCEPT. (Reprinted with permission of Dr. Henry Lee, Ph.D., Crime

Scene Investigation, Taiwan, China: Central Police University Press, 1994, p. 80.)

DNA analysis of three stains on the console of Simpson's vehicle indicated that droplets were a mixture of blood from Mr. Simpson, the blood of his ex-wife Nicole Brown Simpson, and the blood of Ron Goldman. The famous bloody gloves presented as evidence provided the crucial linkage. One glove was found at Bundy Drive, the scene of the double homicide. The matching right-hand glove was found at O.J. Simpson's estate.

DNA testing of the glove found at the estate indicated that blood matching Simpson's and the two murder victims' "linked" him to the murders. DNA testing of the blood on the glove at Bundy Drive matched O.J. Simpson's blood. The ski cap found near Ron Goldman's body had fibers like those from the carpet in Simpson's Ford Bronco. Goldman's shirt contained a head hair that matched O.J. Simpson's. The socks found in Simpson's bedroom bore traces of blood from Simpson and his ex-wife, who was one of the murder victims. Dr. Cotton, from the DNA testing firm Cellmark, stated that the odds that the blood found at the crime scene belonged to anybody except O.J. Simpson were 1 in 170 million.1

Dr. Cotton also stated that no one on the face of the Earth except for Nicole Brown Simpson could have blood matching the stain found on O.J. Simpson's sock in the bedroom of his home.1 A second DNA expert, Gary Simms, informed the court that the odds that the blood on O.J. Simpson's sock came from someone other than his slain ex-wife were a whopping 7.7 billion to one.2*

From my perspective as a homicide and law enforcement consultant, this evidence represented the ultimate forensic evidence case. In fact, I would prefer to have this type of "unimpeachable evidence," which positively links a suspect to the crime, as opposed to relying on eyewitness testimony.

On October 3, 1995, however, the jurors in the O.J. Simpson case totally rejected the State's evidence and voted to acquit Mr. Simpson of the murders of his ex-wife and Ronald Goldman.

This extremely controversial verdict was rendered in less than 4 hours after 9 months of trial testimony. Early in the trial, the defense team introduced the issue of race and played upon the emotions of the predominantly black jury. The sad truth of the matter is that the Mark Fuhrman tapes actually validated the defense position that their client was a victim of a police frame-up. The murder trial was turned into a race trial. Despite the overwhelming physical and forensic evidence linking Simpson to the murders, the jury rejected good solid physical and forensic evidence and rendered a not guilty finding.

The DNA analysis of the evidence in this case overwhelming inculpated Mr. Simpson, so much so that in response to his vow to catch the "real" killers, "a somber District Attorney Gil Garcetti bitterly dismissed Simpson's promise, insisting that the evidence still overwhelmingly proved O.J. was a cold-blooded killer. And he declared the investigations into the murders closed."3 In addition, the Los

* Additional sources: Today, January 23, 1995, p. 3A; New York Daily News, January 25, 1995, pp. 2, 3; New York Daily News, May 12, 1995, p. 3; New York Daily News, May 17, 1995, p. 8; New York Daily News, May 18, 1995, p. 4.

Angeles Police Department announced that it would not reopen the case because its investigation indicated that Simpson had committed the murders. In a USA Today report published in the Rockland Journal News, "Los Angeles Police Chief

Willie Williams said he had no plans to reopen the probe."4

The goal in the linkage concept is to establish a link among the various facets of the crime scene, the victim, physical evidence, and the suspect. Despite the verdict in the Simpson case, the linkage concept clearly established these facets of the event.

I recommend the Practical Crime Scene Processing and Investigation textbook by Ross M. Gardner as an additional resource for the important considerations in crime scene processing. This book, which is in my Practical Aspects of Criminal and Forensic Investigations series, illustrates a number of practical and proven methods and procedures.

Methods of Crime Scene Search

The method selected for search of the crime scene is usually determined by the size, location, and complexity of the scene. Many criminal-investigation textbooks describe various types of crime scene searches. However, there are actually only six basic methods which are universally accepted. These are (1) the strip method; (2) the spiral method; (3) the wheel method; (4) the grid method; (5) the zone method; and (6) the line method. Practically speaking, it does not really matter which method you select, as long as the search is systematic and complete.

Figure 8.3 STRIP METHOD. This method can be used effectively if the area to be covered is large and open. It is relatively quick and simple to implement and may even be performed by a single investigator in a limited area such as a room.

Figure 8.4 SPIRAL METHOD. This method, sometimes called the circle method, is effective in a small area. However, as the circle widens, evidence can be overlooked. The searcher begins at the center or the perimeter and moves in a circular path.

Figure 8.5 WHEEL METHOD. The searchers gather at the center of the scene and move out in spoke-like directions. The obvious drawbacks in this method are the possibility of ruining evidence when gathering at the center and the ever increasing distance between searchers as the investigators move outward.

Figure 8.6 GRID METHOD. This is the best procedure to cover a large area. The searchers move parallel to one another and cover the same area twice. There are a number of variations of this method. The grid method is considered the most thorough system for covering large areas with a number of searchers.

Figure 8.7 ZONE METHOD. The area to be searched is divided into squares or sectors. An officer is assigned to each zone, or set of squares if the zones are further divided. This method is effective for indoor locations.

Figure 8.8 LINE METHOD. Outdoor scenes can be difficult to search due to vegetation and topography. One of the quickest and easiest methods to use is the line search. The officers are lined up next to one another and proceed along a straight line as they search a designated area.

Formulating the Search

The search for evidence begins with the isolation and protection of the scene. The searcher must ascertain that the scene is intact and then proceed to reconstruct the events that have transpired since his arrival.

Photographing and recording the homicide crime scene is a major facet of the investigation. It is extremely important that this be accomplished before anything is touched or moved at the scene. Also, it is important while photographing the scene to eliminate persons or items — including officers and police equipment — that do not belong in the scene. Prior to any search, the scene must be properly photographed and documented. (See "Photographing the Homicide Crime Scene" in Chapter 6.)

Obviously, the best places for obtaining physical evidence are nearest to where the critical act occurred, such as in the immediate vicinity of the homicide victim. However, other areas related to the primary crime scene must not be overlooked, for example:

• The point of forced entry

• The route of escape

• The suspect (clothing, hands, body, hair, etc.)

• The location where the weapon is or may be located

Figure 8.9 LINE SEARCH — OUTDOOR CRIME SCENE. This photo shows an academy class participating in a line search of an outdoor crime scene. The only problem is that the crime scene detectives did not instruct the searchers about cross-contamination or provide the recruits with protective gloves. Only one officer is wearing gloves and those are not crime scene protective gloves. If these officers had recovered any crucial biological evidence, a clever defense attorney could have used this newspaper photograph to criticize the police evidence collection techniques and/or attack the laboratory results. (Courtesy of the New York Post, photographer Jim Alcorn.)

Figure 8.10 DETECTIVE PHOTOGRAPHING THE SCENE. This photo shows a detective photographing evidence in the scene. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

Figure 8.11 DETECTIVES AT SCENE. This photo shows a detective at the crime scene documenting and taking measurements. (Courtesy of Chief Criminal Deputy Robin Wagg, Douglas County, Washington, Sheriff's Department.)

• A vehicle that was used in the crime

• The suspect's residence

• The location where the assault leading to death took place

• The location from which the body was moved

Before entering the crime scene, the detective supervisor and the homicide investigator must determine its boundaries, decide how to approach it, and determine whether any fragile evidence that requires immediate attention is present. The crime scene should then be photographed and sketched. (See Chapter 6 and Chapter 7.) The scope of the search is usually determined by a theory or hypothesis agreed upon by the investigators, based on their initial observations of the scene. The hypothesis emerges from a set of simple assumptions of how and why the homicide occurred and the sequence of events that followed. This hypothesis is used to guide the investigator in discovering physical evidence. However, remember that anything and everything may be evidence and become significant later. Therefore, every item at the scene must be handled as evidence until determined otherwise.

The investigators must keep in mind that their hypothesis is provisional. If new evidence emerges that suggests a different sequence of events, they must be willing to reassess and modify their hypothesis as the new facts dictate. I have been at many different homicide scenes over the years and have seen initial theories change over and over again. The key to success in this phase of the investigation is flexibility. Practically speaking, use your common sense in this process. Do not get bogged down in theory and hypothetical speculation. Many times the answer you are looking for is right in front of your nose. The problem is that with all the events going on at the scene, it is sometimes easy to miss a simple observation. Your instincts should not be discounted. They can bring you back to reality or direct you to a situation that would otherwise have slipped by.

Crimes of violence such as homicide usually involve some sort of struggle — a break, use of weapons, use of physical force — or other contact between the perpetrator and the deceased. Therefore, there is a good possibility that trace evidence will be found and recovered. Remember the basic theory of transfer and exchange. (See "The Homicide Investigation Starts at the Crime Scene" in Chapter 1.)

In formulating the search plan, you may want to cover some critical areas immediately or may have some question as to what is or is not evidence. Do not be influenced by the original report, the police call, or any initial statements. Note this initial information and then make your determination based on the total information available. Ask yourself the following questions:

1. Is the death caused by

a. Homicide?

b. Suicide?

c. Accident?

d. Natural causes?

2. Do the facts, the crime scene, the statements, and the physical evidence support this explanation?

3. If the death is homicide,

a. What was the means or agency of death?

b. Is the homicide excusable or justifiable?

c. Does it appear that any effort was made purposely to mislead the police?

For example:

i. A simulated burglary ii. Arson

iii. Murder made to look like suicide

iv. Suicide made to look like murder (insurance case?)

d. Is there more than one possible cause of death?

e. Are the witness statements consistent with the facts?

f. Is the time element consistent with the condition of the scene?

i. Are the bloodstains wet or dry? ii. What is the condition of the body (rigor, lividity, etc.)? (See Chapter 9.)

g. Is there a weapon involved?

i. Was more than one weapon used? What does this suggest? ii. Are the wounds consistent with the weapon suspected?

iii. Is the weapon from the premises?

iv. If the weapon was a firearm,

(a) Are any shell casings present?

(b) Are any bullet holes or spent rounds present on the ground, thewalls, the ceiling?

v. Is a weapon under the body?

vi. Was the deceased armed?

During this self-cross-examination, do not make any final evaluation because you are merely formulating a hypothesis to assist you in planning the search. However, you should estimate as closely as possible the time and place of the homicide. In addition, you should have a general idea of how much evidence you plan to collect. During this stage, you will be depending on hard work, common sense, and keeping an open mind.

The Homicide Kit

If the search is to be successful, certain equipment and logistical support must be available to the homicide investigators. Many departments maintain a forensic or crime scene unit that responds to major crimes with sophisticated equipment necessary to conduct an extensive crime scene search.

I recommend that homicide units maintain a portable homicide kit with the equipment necessary for the collection and documentation of evidence from the scene. A practical kit can be assembled at nominal cost and will usually prove to be invaluable to the investigator at the scene. The important consideration in maintaining any crime scene kit is in the inventory and restocking procedure. A maintenance schedule that assures a routine and periodic resupply and replacement of materials must be put into effect. Sirchie® Fingerprint Laboratories supplies excellent crime scene kits and accessories. Although any number of items may be included, a good homicide kit should contain the following.

Crime Scene Integrity Kit

Crime scene barrier tape ("Crime Scene — Do Not Cross" type)

Crime scene cards

Rope and/or line (rope at least 100 ft)

Crime scene screen

Crime scene tent (to prevent media or onlookers overhearing observations)

Evidence Collection Tools

Basic tool kit containing:

Hammer and nails

Screwdrivers (Phillips and straight edge)

Pliers

Vise grips

Saws

Crowbar or pry bar (2 ft)

Crescent wrench

Wire cutters

Knife (multipurpose)

Shovels

Collapsible shovel

Saw (keyhole type)

Thermometer

Tape recorder with microphone

Extra blank tapes

Cassette recorder with extra batteries and AC/DC hook-up

Clipboard

Measuring tape (100 ft, steel)

Razor blades (single edge)

Adhesive tape

Cellophane tape

Pencils and marking pens

Straight-edge ruler

Swivel mirror with 12-in. handle

Light socket extension cord

Surgical gloves

Cotton gloves

Cotton cloth

1 Box of cotton swabs (e.g., Q-tips®)

Sterile disposable pipettes

Forceps and tweezers

Glass cutters

Sterile disposable scalpels

Flashlights (2 cell or 9 V with extra batteries)

Spotlight (12 V, 50-ft extension)

Electric extension cords, 50 and 100 ft)

Drop light

Spare bulbs

Alternate light source (ALS)

Spare barrier-filter goggles for ALS

Magnifying glass

Magnet extension rod

Metal detector

Safety pins

Steel tape (12 ft)

Lumber crayons

Box of chalk

Tongue depressors (50)

Ball of twine

Paper towels

Putty knife

One pair scissors (8 in.)

Sieve screens

Hand shovel and/or trowels

Fingerprint Kit

Fingerprint powders (regular and magnetic) as well as various color powders

Fluorescent powder

Fiberglass brushes for each color

Magnetic brushes

Lifting tape

Hinge lifters

Rubber or gel lifters

Fingerprint cards

Fingerprint-taking pads

Fingerprint ink and cleaners

Postmortem fingerprint tools

Finger-softening kits

Luminol

Phenolphtalein

Leucomalachite green

Leucocrystal violet

Iodine

Ninhydrin

Silver nitrate

Amido black

Fluorochromes (fluorescein)

Tetramethyl benzidine

Specialized light source

Small particle reagent

Cyanoacrylate (glue fuming)

Portable fuming chamber

Photography Kit

35-mm SLR or large-format or digital camera with appropriate lens, including macro

1 to 1 Camera (e.g., Sirchie EV-CAM™ III evidence camera)

1 to 1 Lens adapter for 35-mm SLR cameras

Tripod

Photo placards (numbers and scale type)

High-visibility photo markers

Polaroid® Spectra LE and Macro 5

Off-camera flash unit

Photographic evidence folding scale

Photo evidence rule tape

Surveyor flags

ALS filters

Lens cleaner and paper

Spare batteries (flash and camera)

Video camera

Sketching and Mapping Kit

Magnetic compass

School compass

Straight edge ruler

Tape measures

Graph paper (8 1/2 × 11 in.)

Clipboard

Plain paper (writing tablets)

Pencils and marking pens

Professional drawing instruments

Appropriate crime scene sketch kit templates

Plan template

Layout template

Furnishings template

Lavatory template

Traffic template

Human figure template

Clear plastic triangle template

Casting Kit

Collapsible gallon water container

Flexible mixing bowls

Casting forms

Plaster casting material

Silicone evidence casting kit (e.g., Sirchie)

Dental stone

Spray sealant for loose soil (dust or dirt)

Snow impression wax

Gelatin lifters

Electrostatic lifting device and film

Indelible marking pen

Tape

Evidence Collection Containers

Paper envelopes (small, medium, and large)

Paper bags (lunch and grocery size)

Butcher paper

Paper for creating pharmacist folds

Box of Glassine envelopes

Box of paper envelopes

Plastic bags with zipper closure (various sizes)

Large plastic bags

Evidence collection boxes (various sizes)

Evidence collection tubes

Pill boxes (various sizes)

Evidence boxes (various sizes)

Clean evidence collection jars with screw-on lids

Solid material evidence containers (e.g., sterile paint cans with lids)

Evidence tags

Evidence tape

Indelible marking pens

Lasers and Alternate Light Sources (ALS)

Forensic lasers produce an extremely high-energy beam of light capable of causing fluorescence in certain materials. The fluorescent effect is usually viewed through goggles or lenses. They are quite expensive and require accessory cooling systems. Because of their size, forensic lasers are usually confined to laboratories.

The ALS is more portable and less expensive. It is a high-intensity white-light source with multiple filters that provides several wavelengths of visible light for examining the scene. An ALS source allows the crime scene technician to see and perceive the scene much more accurately. Lasers and ALS units detect body fluid stains, fibers, and various materials that contain chemical substances capable of fluorescence. The ALS can also be useful in locating fingerprints when fluorescent fingerprint powder is applied.

Most of the wavelengths in an ALS are in the visible range of the spectrum. However, an ultraviolet source can be built into an ALS unit. The usefulness of UV depends on the fluorescence capability of the trace evidence. Some obstacles are laundry detergents.

Figure 8.12 ALTERNATE LIGHT SOURCE (ALS). The portable UltraLite ALS is one of the most powerful, serious-level, solid-state forensic alternate light sources. (Courtesy of Mr. Ryan

West, CAO Group, Inc., Sandy, Utah.)

Remember: Any light source can cause eye damage. The resulting fluorescence should be viewed through filtered glasses or goggles.

The UltraLite ALS is one of the most powerful, serious-level, solid-state forensic alternate light sources. It features an intensity range of 400 mW to an astounding 1000 mW of power. The UltraLite ALS kit comes complete with the light unit, two rechargeable lithium batteries, ALS power pack, universal A/C input power cord, goggles, twin-battery charger, and a custom-designed zippered "holster pack."

The Search

The most practical search method is to begin at the point where the body is first discovered and work in an outward direction until the entire room or location has been covered.

Remember: Do not smoke or dispose of any cigars, cigarettes, matches, gum wrappers, or any other item that may be confused with evidence at the scene.

Once the search method has been determined, it is up to the detective supervisor to coordinate the efforts of the investigators in order to provide for location of physical or trace evidence, systematized search techniques, a chain of custody, and the recording of evidence.

The search should begin with an examination for latent fingerprints; before any item is touched or moved, the crime scene technician should dust for prints. The supervisor should direct this phase by indicating what areas he wants examined. If possible, an attempt is made to determine points of entry and exit for latent impressions. In addition, any weapons or objects that were apparently handled by the suspect, as well as all door handles, telephones, windows, glasses, light switches, etc., should be dusted. Special attention should be given to objects that may have caused death, newly damaged areas, or items apparently missing from their original location. It is important to note that a good latent print will place the suspect at the scene.

Remember: It is your case. You only get one shot at the crime scene, so make sure you do it right.

Direct the fingerprint people. If you do not direct that certain areas be dusted, they may not be. Tell the crime scene people or technicians what you want and then make sure that you get it. All visible details should be observed and described before dusting anything, in the event that something might need to be moved. Note the location of any stains, weapons, etc.

During the initial search, each possible item of evidence should be measured from a fixed location. (See "Preparing the Crime Scene Sketch" in Chapter 7.) The measurements, along with a complete description, should be entered in the investigator's notebook. This information should also be recorded on the crime scene sketch.

Any latent prints located during this preliminary dusting should first be photographed and then lifted. The photo should be taken with an identifying label in order to document the lift, in case the lift fails. The photo can then be used for identification and comparison.

Examination of the Body at the Scene

The actual examination of the body should not begin until all photographs and sketches are completed. In addition, a complete description of the body as well as any clothing must be obtained, including

Sex

Race

Appearance

Age

Build

Color of hair

Evidence of injury and apparent cause of death

Condition of the body (rigor mortis, lividity, etc.)

Figure 8.13 MASTER LATENT PRINT KIT. (Courtesy of Sirchie Fingerprint Laboratories, Inc., Youngsville, North Carolina.)

Figure 8.14 DUSTING FOR LATENT PRINTS. This photo shows the proper technique for dusting a bullet for latent print evidence left on the casing. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

Figure 8.15 LATENT PRINT RECOVERED FROM CASING. This photo shows the bullet from the dusting in Figure 8.14 indicating latent print evidence. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

Color of blood (wet or dry?)

Position of body relative to objects of significance at the location.

The investigator should then concentrate on recording a complete description of the clothing as follows:

Position of clothes

Condition of clothes (buttoned, unbuttoned, twisted sideways or pulled down, inside out, zipped or unzipped)

Damage to clothes (rips, tears, cuts, holes, etc.)

Stains: blood, saliva, vomit, semen, phlegm, urine, or feces. Where are they? What are they? Is there any direction of flow?

After the clothing has been completely described and any significant position, condition, damage, or stains have been noted, the investigator begins a careful examination of the body starting with the head and working down to the feet. This description will necessitate moving the body to look for any wounds or evidence of further injuries that are not visible in the original position. Examination questions include the following:

1. The head

a. Are the eyes open or closed?

b. Is the mouth open or closed?

c. What is the position of the head in relation to the body?

Figure 8.16 WOUND CHART. This chart can be used by the investigator to record observations of injuries to the deceased. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)

Figure 8.17 SKETCH OF DEFENSE WOUNDS ON HAND. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)

d. What is the color of the skin (lividity, etc.)?

e. Is there any blood present? (Describe.)

f. Are there any visible wounds? (Describe.)

g. Is there any foreign material on the head (soil, mud, etc.)?

h. What is the condition of the deceased's hair (neat or messy)?

i. Any phlegm, saliva, or vomit present?

2. The trunk

a. Position of the trunk (twisted or bent over, on side or back, etc.)?

b. Any injuries? (Describe.)

c. Presence of any stains (blood, semen, vomit, etc.)?

d. Presence of any hairs or fibers?

e. Presence of any foreign substances on the trunk (soil, mud, grease, tar,paint, etc.)?

3. Arms and legs

a. Position of each arm and leg?

b. Presence of any injuries?

c. Presence of any stains?

d. Any foreign matter on the legs or arms?

e. Any defense wounds on the hands, arms, legs, or feet?

Remember: Note the presence or absence of any jewelry (rings, watches, etc.) on the body, including any mark on the body indicating that such objects have been worn.

In most cases, it is good to bag the hands of the deceased with paper bags. This will preserve any trace evidence found under the fingernails later during autopsy. A paper bag is used because plastic tends to accelerate putrefaction, especially if any blood is on the hands. In addition, plastic does not allow the skin to "breathe" and may even change the chemical composition of certain trace evidence.

The area under the body must be carefully examined, bearing in mind that extensive bleeding may create pooling, which conceals bullets, cartridge casings, or other small items of evidence. If the body has been lying on soft earth, bullets may be embedded in the soil. If any such items are found, they should be photographed in the position in which they were found before being collected and marked.

Remember: Appropriate notation should be made on the crime scene sketch and in the investigator's notebook.

Although this procedure is particularly important in cases of apparent death from gunshot wounds, it should be followed as a matter of routine in all cases.

Figure 8.18 PRESERVING TRACE EVIDENCE. Following the preliminary examination at the scene and taking of the crime scene photographs, the hands have been bagged to preserve any trace evidence, which may be found under the fingernails. It is recommended that the investigators use paper bags. (From the author's files.)

Bloodstain Pattern Analysis

Crime scene reconstruction and the presence of bloodstains and patterns in the scene are important considerations in the crime scene search process.

The discipline of bloodstain pattern analysis considers the location, shape, size, distribution, and other physical characteristics of the bloodstains in the scene. In practical homicide investigation, the mission of the crime scene technician or ERT is to be able to recognize the critical classifications of stains and to document the crime scene properly. He or she is not expected to be able to perform the sophisticated analysis that an expert in bloodstain pattern analysis performs as part of his expertise and training. However, in some cases, the person processing the scene does in fact have the expertise to conduct bloodstain pattern analysis.

As series editor for a number of forensic textbooks, I recommend two excellent textbooks on the subject of crime scene processing and bloodstain pattern analysis:

(A) (B)

Figure 8.19 APPLICATION OF LUMINOL. These photos were taken of a murder scene in which a 30-year-old woman was stabbed to death in her bedroom. The suspect transported her body to a dump site, returned to the residence, and cleaned the house of all obvious traces of blood. The Honolulu detectives requested the Scientific Section to process the scene. Luminol was applied and produced evidence indicating locations where blood had been present prior to the clean-up attempt by the perpetrator. (A) View of the floor in the victim's bedroom prior to the application of luminal. (B) The same view after the application of luminal. (Courtesy of

Captain Gary A. Dias, Honolulu Police Department's Scientific Section.)

Figure 8.20 BLOOD SPATTER EVIDENCE. These photos illustrate the proper documentation and photography of blood spatter evidence on the ceiling light fixture. (Top) Before adding the reference marker. (Bottom) With the marker. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

(A) (B)

Figure 8.21 BLOODY WEAPON AND TRANSFER EVIDENCE. (A) The instrument used, which resulted in the blood splatter in the previous photos, was a barbell. (B) Macro photo, which shows the victim's hair transferred to the barbell. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

Figure 8.22 BEVEL AND GARDNER TEXTBOOK, CRC PRESS.

Bloodstain Pattern Analysis (second edition) by Tom Bevel and Ross Gardner and Practical Crime Scene Processing and Investigation by Ross Gardner.

Release of the Body

The body should not be moved until completion of the preliminary investigation at the scene. The medical examiner or coroner, if responding, should have the opportunity to view the body in its original position. This can be very helpful to these officials in carrying out their responsibilities. After the homicide investigator and medical examiner have completed their work at the scene and details have been noted, the question arises as to when the body can and should be released.

This decision is critical. Because the consequences of the decision are irrevocable, removal should be undertaken only after due consideration of several factors.

Remember: I recommend that, in certain cases, the medical examiner/coroner be requested to allow the body to remain at the scene during the crime scene process in order to recover crucial microscopic evidence that would have been lost in the removal or transport of the body. (See "Special Procedure to Follow in Specific Cases" in Chapter 4.)

Figure 8.23 BLOOD SPATTER RECONSTRUCTION. This photo illustrates a blood pattern reconstruction. The question was whether the victim was sitting or standing. The wall has been marked off in 2-foot grids. Each box is labeled with letters and numbers. The victim had been bludgeoned to death and the reconstruction indicated that he was in fact sitting when the first blow was struck. (Courtesy of Detective Sergeant Joe Pietropaolo, Yonkers, New York, Police Department, Crime Scene Unit.)

Figure 8.24 DISPOSABLE BODY BAG. (Courtesy of Sirchie Fingerprint Laboratory, Inc. www.sirchie.com.)

1. Before the body is removed, it should be wrapped in a clean sterile sheet or disposable body bag to preserve any evidence or residue for later analysis.

2. If the medical examiner is not going to conduct an immediate autopsy and the body will be lying in the morgue until the following day, there should be no rush to remove the body, particularly in cases of apparent homicide where there are no witnesses and no named perpetrator or arrests. If the body is not in a public place, the location can easily be secured. The reason for this procedure is that information may come to light during the canvass or while talking to witnesses at the station house that may require some additional photos or other police procedure with respect to the body. If the body has been removed hastily, this opportunity will be lost.

3. If an immediate autopsy is to be conducted by the medical examiner, the removal should be directed only after conferring with the investigators doing the canvass and the interviewing teams at the station house to determine whether there is any new information which may require additional things to be done with the body.

4. If the body is in a public place and the medical examiner has completed his scene examination and the crime scene work has been accomplished, the detective supervisor can release the body, usually after checking with his detectives at the station house and with the officers doing the canvass.

5. If the body is in a public place and the medical examiner is not responding, the chief investigator will authorize the removal after the crime scene work has been completed.

6. As previously discussed under conditions of violent crowds, public disorders, etc., the body may need to be removed immediately. (See "Dealing with Emergencies at the Scene" in Chapter 2)

The Scene

A technique I have found useful is to have someone thoroughly familiar with the scene go over it with you, bit by bit, first visually and then physically, being careful not to touch any items. This person can identify the usual positions of objects in the scene. You can then get a complete inventory on the spot. Instruct the person to take his time and ask whether he recognizes any inconsistencies or "foreign" material present. Have him point out the usual position of drapes, curtains, blinds, pictures, statues, ashtrays, etc. Obtain a detailed report. You may even want him to examine the scene along with an investigator so that he may point out new stains, signs of disorder, or any factor inconsistent with the lifestyle of the deceased.

The ideal situation in any crime scene search is to have one officer designated the "searching officer," whose responsibility is to search and take the evidence into custody. Other homicide detectives can assist by taking notes of locations where objects are found and even participating in follow-up searches. However, these officers assisting the searching officer should not handle any evidence. Instead, they can alert the searching officer, who will take significant evidence into custody. This procedure limits the chain of custody and makes the recording of evidence more uniform and professional.

Because items tend to fall to the ground, especially in a violent struggle or confrontation, the floor is the best place to begin the search after examining the body. As the search progresses, the investigators may move from the floor or ground

(A) (B)

Figure 8.25 CRIME SCENE SEARCH. (A) Evidence that the perpetrator cleaned up in the crime scene. These areas should be thoroughly processed for trace evidence. The sink traps, drains, and garbage cans often contain valuable evidence. (B) Evidence that the perpetrator was in the refrigerator. It is not uncommon that a murderer will have fixed something to eat or may have helped himself to something in a refrigerator at the crime scene. It is good procedure to check the refrigerator and its contents. (C) Latent print evidence retrieved an item from inside the refrigerator. This case involved a vicious rape, sodomy, and murder of a young woman in her apartment. The perpetrator had multiply stabbed his victim during the attack. Upon completing his assault, he went into the refrigerator to get a cold beer. He had to move the wine box to get to the beer. His bloody hands left a perfect set of latent prints on the back of the wine box, which placed him at the crime scene. (Courtesy of Detective Sergeant Alan Patton, Grand Prairie, Texas, Police Department. Photos by Evidence Technician Don Swanz.)

(C)

Figure 8.25 Continued.

to waist height and from waist height to ceiling. The areas to be searched depend on the type of homicide. If the homicide is the result of a robbery or burglary, you will want to check the entire apartment or house for locations where the intruder searched for valuables. If the homicide was the result of a shooting, you will want to check the walls and ceiling for any bullet holes or spent rounds; any carpeting or rugs should also be rolled back or lifted up for examination.

If the murderer cleaned up after the crime, you must examine such additional locations as sinks and sink traps or garbage areas. If narcotics are involved, you might need to locate a "stash" or secret hiding place. The murderer may have fixed something to eat or may have taken something from a refrigerator. Did the killer turn the light off or on? Does the scene give an appearance of being ransacked? Was the door unlocked or locked? Are the windows open or closed? Where is the point of entry? These are all questions you should ask yourself.

Remember the theory of exchange and transfer.

Locations where any physical or trace evidence may be found depend on the individual crime and the actions of suspects at the scene and will vary from scene to scene. However, certain areas and objects should always be given attention:

Under rugs or carpets Elevator shaft

Under chair cushions Tops of cabinets or furniture

Doorjambs Chimney

Light fixtures Refrigerators

Behind drapes or curtains Statues

Garbage pails or bags Behind pictures or clocks

Wastebaskets Sewers

Hampers or soiled clothes Drainpipes

Ashtrays Ventilation ducts

Ceilings Behind desks set against walls

Suspended ceilings Closets

Walls Backs and bottoms of drawers

Under chairs Inside ovens

Under beds Inside cabinets

Behind mirrors Kitchen or bathroom towels

Telephones Sinks, toilets, or tubs

Cell phones Pagers

Computers Computer hard drives

PDAs Computer disks

Signs of a party Counter tops

Glasses Windows

Stairs Any newly damaged area

Passages Garments

Backyards Mailboxes

Behind boxes or cartons Post office boxes

The ability to recognize and discover evidence at the crime scene is a prerequisite of successful search. The acquired expertise of the homicide investigator and the detective supervisor will probably determine what trace evidence is found.

Figure 8.26 CRIME SCENE SEARCH — BULLETS RECOVERED. This photo illustrates the recovery of bullets, which were matched to the shell casing recovered at the crime scene. Detectives had obtained a search warrant for the suspect's residence and found the shell bullets secreted in the suspect's sneakers inside a closet. (Courtesy of Detective Sergeant Joe Pietropaolo, Yonkers, New York, Police Department, Crime Scene Unit.)

Figure 8.27 CRIME SCENE SEARCH — LETTER RECOVERED. Search of the garbage revealed a torn letter written in Portuguese by the offender, who had killed his American wife. Detectives searched the garbage according to Practical Homicide Investigation® recommendations and discovered this incriminating piece of evidence. (Courtesy of Investigator Jack Henander, Larimer County, Colorado, Sheriff's Office.)

It is in this search phase that one can see the need for close cooperation between the investigators and the forensic scientist. It is imperative that the officers performing the search have a working knowledge of handling physical evidence. (See Chapter 17.) Most major departments maintain a forensic or crime scene unit with trained personnel to assist in the search of major crime scenes. These officers have the expertise and equipment necessary to work under the detective supervisor for the proper retrieval of physical evidence.

Information sources such as papers, personal effects, and address books as well as any other property which may aid in the investigation should be taken by the homicide detectives for later perusal and disposition. The patrol or uniformed division should be responsible for the administrative search and safekeeping of any

Figure 8.28 EVIDENCE FOUND IN GARBAGE. A search of the garbage revealed the suspect's bloodstained jeans. Investigators found these jeans and other bloody clothing he had been wearing during the murder and clean-up after the murder wrapped in a plastic bag. DNA analysis matched the victim's DNA and connected him to the murder. (Courtesy of the Kansas Bureau of Investigation.)

valuables or property of the deceased. These items can be vouchered and safeguarded at headquarters for later disposition to the property clerk, medical examiner, coroner, or family of the deceased.

Any photos of the deceased taken in life should be collected to use in the canvass to identify the victim clearly to persons interviewed, as well as to personal acquaintances or associates of the victim. If photos are not available at the scene, they should be obtained from the victim's family, friends, or employer; yearbooks; or a driver's license. Photos should have a good likeness of the deceased just prior to death so as not to confuse the person to whom they are shown.

Processing a Vehicle (See Chapter 17)

Examining the Outdoor Scene

The general techniques of crime scene search apply to all homicide crime scenes; however, the outdoor scene poses additional problems for the investigator, for example:

1. The scene usually does not have easily defined borders.

2. The "floor" of the scene is usually rough and irregular and may be composed of hills, valleys, bodies of water, swamps, sand, or other natural contours.

3. The investigation is vulnerable to weather conditions. Rain or snow may have washed much trace evidence away, or the threat of a storm may force immediate procedures to collect evidence in a manner that precludes efficient collection of all evidence.

Figure 8.29 DETECTIVE PROCESSING VEHICLE. This photo depicts Detective Sergeant Joe Pietropaolo processing a car. The photo illustrates the proper clothing and procedure when vacuuming a vehicle for trace evidence. A body had been found in the trunk of this vehicle. Fiber evidence was recovered from the vehicle. (Courtesy of Detective Sergeant Joe Pietropaolo, Yonkers, New York, Police Department, Crime Scene Unit.)

4. The investigator does not have the luxury of electricity, running water, telephones, or other common conveniences found indoors.

5. Daylight is limited; be prepared to return to the scene the following day.

The investigator's actions at outdoor scenes are usually determined by the weather and the time of day. I have provided some practical procedures to follow. However, they are presented only as a guide. Each individual case will dictate how an investigator will retrieve evidence.

1. Rope off the largest area possible and secure the scene.

2. Establish a path of entry and exit, usually the original path taken by the person who discovered the body. It should be examined for any possible trace evidence and then staked off or marked. All persons approaching the area should be cautioned to use this route and not deviate from the established path.

3. The body and immediate surrounding area should be systematically examined before any weather or lighting conditions change. One of the recommended methods of crime scene search should be used. Get additional people to the scene to implement this procedure.

4. If the weather is obviously contributing to or about to destroy trace evidence, collect that evidence as soon as possible even though some additional evidence may be missed, lost, or destroyed.

Remember: Some evidence is better than no evidence.

Figure 8.30 PROPER VEHICLE SEARCH. (Top) Photograph of the truck before the search. (Bottom) Photograph of the truck after the search. Valuable trace evidence was recovered. (Courtesy of Chief Criminal Deputy Robin Wagg, Douglas County, Washington, Sheriff's Department.)

Examples of Evidence Found Outdoors

1. Pollen, vegetation, soil, or seeds may be found on the suspect or the victim. The investigator should collect any foreign matter found on the suspect or the body for later comparison. However, each individual item must be separately packaged and labeled in order to assure proper examination and admissibility later in court.

Figure 8.31 CRIME SCENE — METAL DETECTORS. This photo depicts officers at an outdoor crime scene with a metal detector attempting to recover shell casings at a homicide scene. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

2. Foot and tire impressions may appear on the soil. In addition to gathering samples for laboratory analysis, these impressions must be sketched, photographed, and properly cast for later comparison purposes. When gathering this type of evidence, several control samples should be secured for later analysis.

3. Trees, shrubbery, and fencing should be examined for any trace evidence that may have been transferred during sudden contact. Fibers, hair, threads, and other material may be affixed to these objects and should be collected and preserved for later comparison with the victim or the suspect.

4. Bloodstains, seminal fluid, saliva or phlegm, brain matter, hair, feces, and any other biological evidence are not only subject to rapid change and destruction, but also almost impossible to locate in heavily vegetated terrain. Likewise, these pieces of trace evidence are subject to insect activity and are likely to be washed away if it rains on the scene.

5. Bullets and casings may be located if the investigator closely examines any foliage or newly broken parts of shrubbery. In some instances, the bullet may have lodged in a tree, causing telltale damage to the bark or pieces of twigs or branches may be lying on the ground in the line of trajectory. The area immediately surrounding the body should be examined for any shell casings and bullets embedded in the ground under the body.

6. Oil or gasoline traces. When vehicles are driven through tall grass or weeds, this material from the underside of the vehicle is transferred to the vegetation. This residue should be collected for later comparison.

Figure 8.32 TIRE MARKS. This photo shows the tire impression of the murderer's automobile. The killer had used the vehicle to transport the victim's body to the place of discovery. Investigators at the scene discovered this tire mark during the crime scene search. This evidence should be preserved through photography and casting. (From the author's files.)

Figure 8.33 CASTING OF SUSPECT'S SHOE. This shoe print was found outside the victim's residence. The detectives cast the shoe impression for later comparison. (Courtesy of Detective Mark Czworniak, Chicago Police Department.)

7. Crankcase traces. If a vehicle has been driven through an area of heavy foliage or rocky terrain, traces of this material that can be compared will be on the crankcase.

8. Any foreign material at the scene. Many times, a suspect unwittingly will leave traces of himself at the scene that may be gathered and compared later — e.g., cigarettes, cigars, toothpicks. In addition, some sort of struggle may result in a lost item of clothing such as a button or piece of jewelry that can link the suspect to the scene.

9 Foreign material found on the body. Sometimes the body may reveal traces of evidence that come from a distinctive location. For instance, the body and clothing may indicate that the deceased was a mechanic or cement worker, or traces of sawdust or coal dust may be on the corpse.

In the event that the body must be moved before an extensive examination is conducted at the scene, I recommend that it be wrapped in a clean sheet or placed in a disposable body bag so that any trace evidence remaining on the clothing will be preserved for later inspection.

Examination of an Outdoor Scene at Night

Remember: Under ordinary circumstances, an outdoor scene is usually searched during the daylight hours.

1. Direct that the area be effectively secured and safeguarded.

2. Direct that the body be photographed prior to removal.

3. Direct that measures be taken to safeguard the body against additional damage.

4. Any changes that occur after discovery should be noted in the investigator's notebook.

The actual crime scene search for trace evidence should be postponed until daylight. However, consider pending weather conditions.

The reason for postponing the search until daylight is that it is utterly impossible to detect minute traces of evidence under nighttime conditions. If some larger pieces of evidence are discovered that are not subject to dissolution, they should be covered or secured pending daylight because their significance can be better realized in connection with the overall scene. However, if you are faced with a sudden change in the weather, delaying the search until daylight may prove disastrous to the investigation. Obviously, no set procedure can cover all possibilities, so — as in all other aspects of homicide investigation — be flexible and use your common sense.

Physical Examination of a Suspect in Custody

The suspect and his or her clothing should be considered part of the homicide crime scene search. If the suspect is in custody at the scene, he or she should be

Figure 8.34 OUTDOOR CRIME SCENE. These two photos show the same scene. (Top) Taken during the daylight hours. (Bottom) Taken at nighttime. It is obvious that the investigator has a much better chance of locating evidence under daylight conditions. (From the author's files.) immediately removed. If the suspect is apprehended a short distance away, he or she should not be allowed to return to the central crime scene. Instead, the suspect should be isolated for a preliminary examination for evidence.

Remember: If a suspect is allowed access to the crime scene, you will negate the value of any evidence found on the suspect that came from the scene or destroy the value of any evidence imparted by the suspect to the scene.

The examination of the suspect for evidence should be performed by the investigator assigned to the case or by an experienced detective assigned to the crime scene search. The examination must be conducted in a manner that precludes any possible destruction or loss of evidence. In addition, the search for evidence on the person of a suspect requires that the investigator be able to recognize certain materials and marks as related to the crime. This ability to recognize and recover trace evidence is a prerequisite to successful search of suspects.

The suspect's clothing and shoes should be closely examined for any trace material from the scene or evidence of the crime. These items should be seized and vouchered as evidence. If the suspect has any visible injuries or marks that might link him or her to the crime, such as bruises, bite marks, scratches, cuts, or injuries on the hands, face, or other parts of the body, photographs should be taken in black and white and color, using a scale or marker.

Many homicides involve a struggle where both participants receive injuries. Color photographs of these injuries to the suspect as well as to the deceased are valuable pieces of evidence that can be presented in court.

It is important to note that once a person is under arrest, he or she has no reasonable expectation of privacy. Suspects under arrest can be subjected to a

Figure 8.35 NEW INJURIES. The suspect's hands indicated new injuries, which he had obviously received during the struggle with the deceased. The investigator can prepare a simple sketch by tracing his hand or the suspect's hand and then draw in the locations of any injuries or marks. This is usually done in conjunction with crime scene photographs of the suspect's hands. (Courtesy of Medical Legal Art. Illustration copyright 2005, Medical Legal Art, www.doereport.com.)

thorough examination and body search. Under certain conditions, if the case warrants, the investigator should have the suspect undress over a clean sheet or large paper to prevent the loss or destruction of any physical evidence on the clothing and examine the suspect for any injury. Of course, female suspects subjected to body searches should be processed by female officers, and male suspects processed by male officers in order to avoid any criticism or objection later on.

If patrol officers have been assigned to transport a suspect to the police station or are assisting in the examination of the suspect for evidence, they should be cautioned to use extreme care and to preserve the suspect's clothing and shoes for examination for trace evidence. Furthermore, they should be instructed not to allow the suspect to wash his or her hands or engage in any activity that may alter or destroy any evidence. I have seen instances where suspects have "cleaned" themselves with urine and spittle to remove blood from their hands or bodies.

When evidence is located on the suspect, the same procedures used in other crime scene searches must be applied:

1. Photographs of the evidence in situ and close-up photos of the evidence should be taken.

2. The evidence should be described and documented in the investigator's notebook.

3. A sketch should be prepared of the area where evidence is found and the location noted on the sketch. This procedure is quite simple. If the evidence is found on the hands, for example, merely trace your hand (right or left, depending on the hand of the suspect on which evidence is found) and indicate on the sketch where this evidence is located. The same procedure, without tracing, can be employed for the face and other parts of the body. Use a simple line drawing of the body part concerned, with appropriate notations.

4. The material should be collected in a manner that preserves its value.

Gunshot Residue Testing

If the homicide involves a shooting, and the suspect is apprehended within a short time or is in custody at the scene, the investigator may want to consider subjecting the suspect to gunshot residue (GSR) testing. The discharge of a firearm may contaminate the shooter's hand with significantly larger amounts of the elements antimony and barium than normally found on an individual who has not fired a weapon. (The contamination results from a "blowback" of primer residues from the cartridge; see Figure 12.13.) These microscopic residues can be removed for analysis by swabbing the back of the index finger, thumb, and connecting web area of the hand.

The most effective test, however, for GSR is the SEM (scanning electron microscope) test, which involves the collection of tiny particles from your suspect and testing these particles to determine whether they contain lead, barium, and antimony.

A positive test shows that a subject was in the vicinity of a gunshot, as long as he or she was not cross-contaminated. You are advised not to test a victim of a gunshot in an attempt to show that he did not fire the weapon because he may have this residue on him. Testing consists of the use of an approved SEM kit, which consists of a small device covered with an adhesive substance, which is dabbed around the thumb and index finger area of the hand, sealed, and then sent to the lab. It is then tested for the previously stated elements. The advantages to this test are the ease of collection and low cost. The disadvantages are the ease of cross-contamination, that particles can be removed through hand washing and/or 2 hours of normal activity, and that some .22-caliber ammunition does not contain barium and antimony.

ASPEX is the world leader in GSR analysis. The ASPEX GSR system is an automated analysis system that can accommodate up to 30 specimens (adhesive stubs) simultaneously. This system is able to detect individual residue particles and determine the dimensions as well as the chemical structure of each particle. As lead-free primers are becoming increasingly common (lead is replaced by aluminum and strontium), new methods are required to handle GSR analysis. Traditional approaches would no longer be useful, but ASPEX GSR can be configured to detect, classify, and report on new types of ammunition that are being manufactured. For further information, see the company's Web site: www.aspexllc.com or http://www.aspexllc.com/html/products/gunshot.html.

In order for the examiner to interpret these data properly from the swabs submitted for analysis, the following information should be provided to the laboratory:

1. A brief summary of the case

2. The time and date of the shooting

3. The time and date the hands were swabbed

4. Location of shooting, i.e., indoors, outdoors

5. Treatment afforded the suspect, i.e., if wounded, whether the hands were washed or contaminated in any way during medical treatment

6. Activity of the subject from arrest until specimens were obtained, i.e., washing of hands, fingerprinting, etc.

7. Description of the firearm used: caliber, type, manufacturer

8. Brand of ammunition used

9. Whether subject is right- or left-handed

10. Subject's occupation

Practically speaking, these tests may have no forensic value at all to your investigation. Although antimony and barium are components customarily found in most primer mixtures, they are also commonly found in nature and may have come from some other source. The problem from an investigative point of view is that most testing is inconclusive in that the examiner cannot positively state that the quantity found is sufficient for determining that a gun was definitely fired by the suspect.

You may want to administer this test, however, in order to preclude any attempt by defense counsel to make an issue of why his or her client was not given this examination. Nevertheless, even if you do subject the suspect to this type of examination and the results are positive, the defense counsel could bring in another forensic expert who could dispute the results and challenge your findings based on a different interpretation.

The decision to test or not to test must be determined by the facts of the particular investigation. The investigator should always be aware that, because of its ambiguous results, residue testing can be a two-edged sword that could possibly damage the later prosecution.

Release of the Scene

The decision to release the scene should be carefully considered. Obviously, the problem with releasing the scene prematurely is that soon thereafter information may come forth which would have required different photos or the search for and collection of other items. The scene should never be released before the initial canvass is completed, all known witnesses interviewed, and the suspect in custody questioned fully.

In some cases, it may be necessary to secure the scene and post a guard pending interview of witnesses who cannot be immediately located or, in other instances, to hold the scene until completion of the autopsy. This may not always be practical, but it is a recommended procedure in case additional examinations or searches are necessary as a result of information obtained during autopsy. Of course, if the autopsy is conducted while the investigators are still at the scene, any such additional information can be immediately communicated to the chief investigator at the scene. Autopsy findings should always be made available to the homicide investigators as soon as possible to help them in their investigation and in questioning witnesses.

Before releasing the scene, the chief investigator should remember that any good defense attorney will visit the crime scene at his first opportunity. From this inspection, he will be able to gauge the nature, character, and extent of the investigation at the scene. He will be alert to things which may have been overlooked: dusted and not dusted areas; the shape, pattern, and location of blood and other stains; flash bulbs, film packs, and other debris which the investigators may have carelessly left at the scene. During police activities at the scene, the chief investigator should see that all waste materials from the lab work and photography are deposited in one container in a location which will not interfere with other activities and that this container is removed before the scene is released.

The detective supervisor or chief investigator would do well to check over the whole crime scene from the point of view of the defense attorney before releasing it. Before abandoning the scene and securing it against re-entry, make sure that you have all your equipment and notes, including any portable radios and/or cell phones (which seem to have a way of disappearing at crime scenes). It would be embarrassing if you had to break into the recently secured crime scene to retrieve something that was left behind.

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

Crime Scene Process Protective Equipment and Clothing

The investigator involved in the processing of the crime scene is at risk from airborne pathogens and other biohazards as well as the discomfort of breathing the noxious gases of a decomposing body. I have listed some examples of protective equipment:

Disposable jumpsuits composed of Tyvek® to prevent snags, tears or punctures

Disposable shoe covers

Disposable protective high-top boots

Antiputrefaction masks

Disposable antiodor masks

Heavy-duty rubber gloves

Goggles

Work gloves

Latex gloves

White cotton gloves

Prewet hand towels (e.g., Clorox wipes)

Paper towels

Hand sanitizer

Portable eye-wash station

Figure 8.36 PROTECTIVE CLOTHING OUTFIT. This photo depicts a protective clothing kit, which contains disposable jumpsuits, shoes covers, antiputrefaction masks, and replacement mask filters, as well as latex gloves with carrying case. (Courtesy of Sirchie Fingerprint Laboratories, Inc., Youngsville, North Carolina.)

Figure 8.37 ANTIPUTREFACTION MASKS. I highly recommend that the crime scene investigator as well as the detective assigned to the case wear an antiputrefaction mask as protection from the stench of a decomposing body. (Courtesy of Sirchie Fingerprint Laboratories, Inc., Youngsville, North Carolina.)

Figure 8.39 SIRCHIE PROTECTIVE CLOTHING OUTFIT. Disposable jumpsuit. (Courtesy of Sirchie Fingerprint Laboratories, Inc., Youngsville, North Carolina)

Figure 8.38 SIRCHIE PUTREFACTION KIT. Excellent low-maintenance, reusable masks that weigh less than half a pound, with a chemical filtration system. (Courtesy of Sirchie Fingerprint Laboratories, Inc., Youngsville, North Carolina.)

Figure 8.40 HEAVY-DUTY GLOVES. These gloves are ideal for handling strong chemicals and bloody or contaminated evidence. (Courtesy of Sirchie Fingerprint Laboratories, Inc.,

Youngsville, North Carolina.)

Biochemical gas mask with filters

Dust respirator/mask

Chemical-splash face protector

Antiputrefaction Masks

Figure 8.41 NITRILE GLOVES. These are thin, comfortable puncture- and abrasionresistant gloves that allow for a better grasp of small items of evidence. (Courtesy of Sirchie Fingerprint Laboratories, Inc., Youngsville,

North Carolina.)

The overwhelming odor of a body undergoing putrefaction is a problem that many crime scene investigators and detectives encounter in their duties while investigating sudden and violent death. Sirchie Fingerprint Laboratories carries a line of lightweight nose and mouth masks, which protect the wearer against the undesirable odors of cadaverine, butyl mercaptide, and other mercaptides as well as hydrogen sulfide and other sulfides.

I highly recommend the use of antiputrefaction masks to prevent exposure to these noxious gases and to allow the detectives to go about the job of processing the crime scene with a minimal amount of discomfort. Antiputrefaction masks are available today through various manufacturers. I recommend Sirchie Fingerprint Laboratories, Inc., 100 Hunter Place, Youngsville, North Carolina, 27596. Telephone number: (800) 356-7311.

Crime Scene Protocol for Protection from Airborne Pathogens and Other Biohazards*

Communicable Diseases: Required Precautions

Investigators should adhere to the following procedures at any crime scene where blood or body fluids are encountered. Because it is difficult to predetermine who

* The information for this section was provided by retired Sergeant Rueben Puente and Crime Scene Investigator Michael Phillips, Arlington, Texas, Police Department's Crime Scene Unit.

may have a communicable disease, all crime scene investigations should be treated with the following precautions:

1. Wear approved disposable gloves while in the crime scene and remain aware that blood and other body fluids may carry diseases.

2. Consider wearing a disposable mask while in crime scenes where airborne communicable diseases such as meningitis or tuberculosis might exist.

3. Wear eye protection and disposable infectious disease gown to protect clothing when exposed to large amounts of blood or other body fluids.

4. After the investigation is complete, dispose of gloves, masks, and gowns contaminated by blood or body fluids in a biohazard bag and wash hands thoroughly with an antiseptic hand rinse, e.g., Cida rinse.

5. Before returning to the station, wash hands again with water and a bacterial liquid hand wash, e.g., Bacti-Stat.

6. Restrict the number of investigators on the scene who may come in contact with potential infection exposure.

7. Advise any investigators on the scene who may come in contact with the scene of the potential infection exposure.

8. Decontaminate all equipment used prior to your return to the station.

9. Change clothing contaminated with blood or other body fluids immediately and decontaminate.

10. Dispose of contaminated supplies as recommended in this protocol.

11. Skin provides a very effective barrier for the prevention of infectious diseases. Wash all contact areas as soon as possible after exposure to help prevent contamination. Wounds such as cuts, sores, and breaks in the skin, regardless of the size, provide an entrance for infection into the body and should be properly bandaged.

12. Report all significant exposures to blood or other body fluids within 24 hours of exposure.

Decontamination of Equipment

Investigators should decontaminate any equipment exposed to blood or other body fluids, which could have been transferred to equipment at the crime scene.

1. Clean equipment such as boots, rulers, cameras, and carrying cases with a mixture of household bleach and water in a 1:10 dilution.

2. Wipe clean radios and other delicate equipment with a disinfectant solution, e.g., TOR.

Decontamination of Clothing

Investigators should immediately decontaminate clothing that has been contaminated with blood, vomitus, or other body fluids from the crime scene as follows:

Figure 8.42 HOMICIDE VICTIM WITH KAPOSI'S SARCOMA. This photo shows a victim of a homicide who has Kaposi's sarcoma, a disease of the skin usually associated with persons afflicted with AIDS. (From the author's files.)

1. Change contaminated clothing as soon as possible.

2. Use plastic bags to transport contaminated articles before cleaning.

3. Use disposable gloves when cleaning possibly contaminated clothing or equipment.

4. Prewash contaminated clothing separately in a disinfectant detergent solution and hot water and then launder in a normal manner.

Precautions

Investigators should adhere to the following simple precautions, which will provide protection from most communicable diseases:

1. Avoid unnecessary contact with the blood or other body fluids.

2. Always wear gloves when contacting persons who are bleeding or when handling other body fluids.

3. Wash hands thoroughly after each contact.

4. Clean equipment soiled with blood or other body fluids after each response call.

Figure 8.43 CRIME SCENE DETECTIVE EXAMINING BODY. Note that the crime scene detective conducting a preliminary examination of the body is wearing heavy-duty gloves to prevent any possible contact with infectious disease. (From the author's files.)

The information in the following table is provided as a quick reference guide to the common communicable diseases that investigators may encounter. A communicable disease should be suspected when fever, skin rash and/or weeping lesions, jaundice, diarrhea, or cough is present.

Communicable Diseases

Disease Transmission

AIDS (acquired immune deficiency syndrome) Blood or body fluids, needle sticks, sexual contact

Hepatitis B Blood or body fluids

Meningitis Droplet spread

Tuberculosis Droplet spread

Exposure Guide

Exposure Action Necessary

Contact limited to merely being in the presence of a person suspected of having a communicable disease. No action required except when airborne disease is involved. If airborne disease exposure occurs, seek medical review.

Contamination of clothing or equipment by person's body fluid. Decontamination of clothing and equipment.

Exposure of skin/mucous membranes to person's body fluid, includes needle punctures and human bites. Emergency medical treatment and necessary precaution

Prevention

Investigators who are required to respond to crime scene calls should obtain preventative immunization for any disease for which immunization is possible and to which investigators may be exposed in performing their official duties. Immunizations should be offered periodically as needed, based on recommendations from infection control specialists.

Exposure of First Responders

Exposure of a first responder to the AIDS virus requires very specific conditions. The virus must be directly introduced into the person's body. In the first responder environment, this means an infected person's blood or body fluids must be introduced through the skin (percutaneous event) or by contact through the eye, mouth, or nose (mucocutaneous event). It is important to note that acquisition of the Hepatitis B virus (HBV) and other blood-borne infectious agents occurs via these same percutaneous and mucocutaneous events.

A percutaneous event occurs when blood or body fluid is introduced through the skin. This can occur by a needle stick; by sustaining a cut from metal, glass, or other sharp objects contaminated with blood; or by having blood contaminate an existing open wound, sore, broken cuticle, or chapped skin.

A mucocutaneous event occurs when blood or body fluids come in contact with a mucous membrane. This means blood or body fluid is splashed into the eyes, mouth, or nose.

Exposure to Blood-Borne Diseases

Risk of infection from blood-borne diseases varies according to the type of exposure. The following list was published by the Centers for Disease Control and Prevention to help evaluate risk levels (risk level increases from top to bottom):

Blood or body fluid contact to intact skin

Blood or body fluid contact to the mucous membrane surface of the eyes, nose, or mouth

Cuts with sharp objects covered with blood or body fluid Contaminated needle stick injury

Infection Control Techniques

Universal Precautions

Universal precautions are based on the concept that blood and certain body fluids of all contacts should be considered potentially infectious for HIV, HBV, and other blood-borne pathogens. Specific body fluids (in addition to blood) to which universal precautions apply include any body fluids containing visible blood, semen, vaginal secretions, tissues, cerebrospinal fluid (CSF), synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid.

Body Substance Isolation

Body substance isolation goes a step beyond universal precautions and considers all body substances potentially infectious. Thus, body fluids or substances such as feces, nasal secretions, sputum, sweat, tears, urine, and vomitus are considered potentially infectious. Such an approach is obviously wiser in the crime scene where medical histories are not usually known. In effect, investigators must treat each crime scene as a potential infectious disease exposure.

To achieve body substance isolation, investigators should use the barrier technique — the use of personal protective equipment (gloves, masks, protective eye wear, gowns, etc.) to prevent contact with blood or other potentially infectious material.

Exposure Treatment

In the event of an exposure and/or injury in the field:

1. For percutaneous (through the skin) exposure, wash with soap and water if available. If not, wipe off blood and apply alcohol to the wound.

2. For mucocutaneous (in the eyes, nose, or mouth) exposure, flush eyes thoroughly or rinse mouth with water.

3. If the wound is serious, arrange for treatment. All injuries should be documented.

Conclusion

The homicide detective and detective supervisor have the responsibility of locating physical and trace evidence and assuring that this evidence is gathered in proper fashion for delivery to the police laboratory. It is up to them to interpret and evaluate the lab results with all the other information developed during the investigation. Hopefully, the total results obtained from the homicide investigation will do what the deceased cannot do — point the finger at the murderer.

Practically speaking, all murders are distinctively different and unique. However, there is one solid base on which to build the case — the determinations you have made from your study of the crime scene and how you apply that knowledge. Keeping in mind the theory of transfer and exchange, you can be sure the minute a killer "does his thing," whether it is a carefully premeditated crime or a spur-ofthe-moment impulse, he must go places, handle objects, and move things. The murderer will do this without thinking, on purpose, or by accident. This is the rationale behind a good crime scene search.

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

Figure 8.44 PRACTICAL CRIME SCENE PROCESSSING AND INVESTIGATION. This is one of the many excellent books in my series and highly recommended for crime scene processing.

References

1. New York Daily News, May 12, 1995, p. 3.

2. New York Post, May 19, 1995, p. 8.

3. New York Post, October 4, 1995, p. 2.

4. Rockland Journal News, October 4, 1995, p. 1.

Selected Reading

Bevel, T. and R. Gardner. Bloodstain Pattern Analysis: With Introduction to Crime Scene Reconstruction. 2nd ed. Boca Raton, FL: CRC Press, 2001.

Gardner, R.M. Practical Crime Scene Processing and Investigation. Boca Raton, FL: CRC Press, 2004.

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

James, S.H. P.E. Kish, and T. P. Sutton. Principles of Bloodstain Pattern Analysis: Theory and Practice. Boca Raton, FL: CRC Press, 2005.

Kirk, P.L. Crime Investigation. New York: John Wiley & Sons, 1974.

Lee, H.C. Crime Scene Investigation. Taiwan, China: Central Police University Press, 1994.

Lee, H.C. and R.E. Gaensslen. Advances in Fingerprint Technology. Boca Raton, FL: CRC Press, 1993.

O'Hara, C.E. Fundamentals of Criminal Investigation. 5th ed. Springfield, IL: Charles C Thomas, 1980.

Scott, J.D. Investigative Methods. Reston, VA: Reston Publishing Company, Inc., 1978.