Chapter 3: THE CRIME SCENE “ Oh, how simple it would all have been had I been here before they came like a herd of buffalo and wallowed all over it.” —A.

Chapter 3: THE CRIME SCENE

“Oh, how simple it would all have been had I been here before they came like a herd of buffalo and wallowed all over it.”

—A. Conan Doyle, in The Boscombe

Valley Mystery, 1892

1. Secure and isolate the crime scene

FIRST OFFICERON THE SCENE

• A Assess the crime scene and assist those hurt

• D Detain the witness

• A Arrest the perpetrator

• P Protect the crime scene

• T Take notes

2. Record the scene

• Photography Digital camera should have 4 or more

megapixels, close-up capabilities, and flash attachment (The more pixels, the more detail captured)

Differences in pixels are important in court because the greater the pixel the larger the print can be.

Photography• Two photos should be taken of each shot in case one

is blurred. • There are three 3 general categories of photographs: • 1. Overview (gives general locale and approach route) • 2. Mid-range (mid-range (10-20 feet) tell a story that

helps establish the modus operandi of the offender.)• 3. Close-up (essential for establishing the corpus

delicti of a criminal act.)• *corpus delicti – the body of facts that show a crime

was committed, includes the physical evidence and/or the body

• There are two 2 general methods of photography:

• (1) overlapping, which is a series of photos taken in a circular or clockwise direction, overlapping each slightly to show the overall scene

• (2) progressive, which starts from a fixed point, photographs each piece of evidence as the photographer moves toward it, and progressively gets closer in the pictures.

Photography

• Bodies are photographed from five angles:

• (1) head to feet

• (2) right side

• (3) feet to head

• (4) left side

• (5) straight down from above

Notes (written observations)

• Constant• Detailed

• Location• Time• How and by whom item was packaged• Disposition of the item

• Tape-recorded• Videotape

Sketches (drawn observations)• Begin with rough sketch

• Accurate dimensions• Location of all objects having a bearing on the case • Letters/numbers assigned to items and include legend• Compass heading north

• Finished sketch• Drawn carefully• Drawn to scale• Computer aided drafting

• Practical measuring techniques1. Rectangular coordinates: This is the

easiest and most used method for most crime scene specialist. Measurements are taken from 2 fixed areas at right angles of each other.

2. Triangulation coordinates: This method is designed to measure to an item from 2 fixed points by forming a triangle.

http://www.criminology.fsu.edu/faculty/nute/CSmeasurement.htmlhttp://www.feinc.net/sketch.htm

3. Conduct a systematic search for evidence

• Line method – used for outdoor scenes and involves lanes or strips to be searched by one searcher

• Grid method – used for outdoor scenes and combines a strip search w/an additional strip search conducted at right angles to the 1st

• Zone method – used for outdoor or indoor and involves dividing scene into sectors which can be searched by a variety of investigators

• Spiral method – used for large outdoor scenes and consists of starting at the center and following a spiral path out to the perimeter of scene

• To be collected• Victim’s clothing• Fingernail scrapings• Head and pubic hairs• Blood• Vaginal, anal, and oral swabs• Recovered bullets from the body• Hand swabs from shooting victims

4. Obtain Standard/Reference Samples

• Physical evidence whose origin is known, such as blood or hair from a suspect, that can be compared to crime-scene evidence

• Substrate controls – uncontaminated surface material close to an area where physical evidence has been deposited

5. Collect and Package Physical Evidence

• Must prevent contamination, breakage, evaporation, accidental scratching or bending, or loss through improper or careless packaging

• Entire object should be sent

• Package evidence separately

• Secure container

Special Considerations for Packaging

• Wet items must be dried before packaging to prevent mold and mildew

• Containers should be tightly sealed to prevent leaks

• Clothing with trace evidence should be packaged carefully

• Arson evidence should be kept in an airtight glass container to prevent fumes from evaporating

6. Maintain Chain of Custody

There must be a written record of all people who have had possession of an item of evidence. The evidence container must be marked for

identification The collector’s initials should be placed on the

seal If evidence is turned over to another person, the

transfer must be recorded.

7. Submit Evidence to the Laboratory

• Personal delivery or by mail

• Must adhere to postal regulations

• Care taken in packaging

8. Crime Scene Safety

• Senses will be shocked• Exposure to blood and other biological

materials• Inoculations against Hepatitis B• Wear latex gloves• Protective shoe covers• Liquid repellent coveralls

• Particle mask/respirator, goggles, or face shield

• Be alert to sharp objects, knives, hypodermic syringes, razor blades, etc

• Red biohazard bag• Disinfect/decontaminate• Eating, drinking, smoking, and the

application of makeup are prohibited• “Infectious Linen” laundered at the

expense of the employer

CRIME SCENE RECONSTRUCTION

Stages Data collection Hypothesis formation Examination, testing and analysis Determination of the significance of

the evidence Theory formulation

Legal Considerations at the Crime Scene

• Evidence may become excluded b/c of an “unreasonable” search and seizure of evidence

• Must abide by the Fourth Amendment• “…must have probable cause, supported

by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

• Justifications for a warrantless search:1. The existence of emergency

circumstances2. The need to prevent the immediate loss

or destruction of evidence3. A search of a person and property within

the immediate control of the person provided it is made incident to a lawful arrest

4. A search made by consent of the parties involved

Mincey v. Arizona

• Court dealt with the legality of a four-day search at a homicide scene

• Involved a police raid on the home of Rufus Mincey, who had been suspected of dealing drugs

• Undercover police office forced entry into Mincey’s apartment and was killed in a scuffle that ensued

• Without a search warrant, police spent four days searching the apartment

• They recovered bullets, drugs, and drug paraphernalia

• Items were introduced as evidence during trial

• Mincey was convicted and on appeal contended that the evidence gathered from his apartment was illegally seized

• The court upheld Mincey’s position

Michigan v. Tyler

• A business leased by Tyler and a business partner was destroyed by fire

• Fire was extinguished in the early hours of the morning

• Fire officials and police were prevented from thoroughly examining the scene for evidence of arson

• The building was left unattended until 8:00 am

• Officials returned and began an inspection of the burned premises

• Assorted items of evidence were recovered and removed from the building

• On 3 other occasions---4 days, 7 days, and 25 days after the fire---investigators reentered the premises and removed additional items

• Each of these searches were made without warrant or without consent

• The evidence seized was used to convict Tyler and his partner of conspiracy to burn property and related offenses

• The Supreme Court upheld the reversal of the conviction, holding the initial morning search to be proper but contending that evidence obtained from subsequent reentries to the scene was inadmissable.

Case Study: Captain Jeffrey MacDonald p. 44• Called military police in the middle of the night on

Feb. 17, 1970• Said he had just regained consciousness and found

his wife and two young daughters massacred in their home

• As the MPs arrived, they all entered the house, walking around and touching what may have proven to be evidence

• Many types of evidence collected, but carelessly• COC poorly maintained• 10 years later, Cpt. MacDonald was convicted of the

murders• Remains in federal prison

Case Study: Mark Winger• An intruder named Roger Harrington bludgeoned his

wife, Donnah, to death on August 23, 1995• Mark had interrupted the attack and killed Harrington • The case was finally reopened and detectives, going

through the files, found yet another surprise - three Polaroids taken by Officer Barringer on the night of the murders, before Donnah Winger and Roger Harrington were moved to the hospital. The photos showed the placement of the bodies, something that police say blew Winger’s version of events out of the water.

• In 2001, Winger was arrested. On Aug. 1, 2002 he was convicted of murder and sentenced to life in prison without the possibility of parole