Section 1.3: Preliminary Investigations

Fundamentals of Criminal Investigation by Adam J. McKee

In the world of criminal investigations, the first steps taken at a crime scene are critical. Think of it as setting the stage for everything that follows. However, before diving into the details, there’s something even more crucial than the evidence itself: safety.

Safety Comes First

When an officer steps onto the scene of a crime, their first and foremost task is to ensure the safety of everyone involved—themselves, the public, and any potential victims. While preserving the crime scene and the evidence is vital, it takes a backseat to making sure no further harm comes to anyone.

The Initial Approach

From the moment an officer is called into action, the investigation is underway. Every detail from the dispatch call—like the location, time, date, and nature of the incident—is the first piece of the puzzle. As the officer heads to the scene, staying observant is key. This means keeping an eye out for anyone leaving or lingering near the scene, as they could be witnesses or even involved in the crime.

Approaching the scene is a delicate balance. The officer must be vigilant, scanning for anything that might pose a threat to safety or signal that there’s more to the scene than meets the eye. It’s not just about getting to the heart of the crime scene; it’s about understanding the entire area, which might contain clues hidden in what could be considered secondary scenes.

Making the First Assessment

Once on scene, the officer’s initial survey is crucial. It’s about getting a lay of the land—identifying potential risks, noting the condition and placement of evidence, and beginning to piece together what might have happened. This first look can offer invaluable insights and set the tone for the investigation to come.

The start of a preliminary investigation is a dance between ensuring safety and starting the meticulous process of preserving evidence. It’s a critical time when observation and caution are paramount, paving the way for a thorough and effective investigation.

🔍 Reflect

How do you think the emphasis on safety over evidence preservation impacts the early stages of a criminal investigation?

Handling Urgent Situations

At a crime scene, the unexpected is the norm, and the initial responding officer must navigate these challenges with caution and care. Here’s a closer look at how officers manage urgent situations while ensuring safety and preserving evidence.

Prioritizing Safety in Unpredictable Environments

The moment an officer arrives at a crime scene, they must treat it as if the crime is still unfolding. The immediate focus is on safety—not just their own, but that of fellow responders and anyone else present. This means being acutely aware of the surroundings, looking out for anything unusual that could signal danger. Hazardous materials like gasoline or chemicals are just some examples of potential threats that require vigilance.

In situations where the scene involves risks that go beyond what the officer or their agency can handle, calling in specialized assistance is a must. This is often the case with dangers such as clandestine drug labs or chemical threats, where expertise in handling hazardous environments is crucial.

Securing the Scene

Beyond environmental hazards, there’s always the possibility of encountering individuals who could pose a threat, including the perpetrator or accomplices. The scene is considered hostile until thoroughly assessed and secured. This might mean waiting for backup before venturing further, ensuring that when the scene is entered, it’s done with the utmost caution.

Addressing Emergencies

Once the scene is deemed safe, attention turns to other immediate concerns, like providing emergency medical aid to those in need. However, even in these critical moments, preserving the integrity of the scene is vital. Officers work alongside medical personnel, guiding them to avoid disturbing potential evidence, such as bullet holes or bloodstains, and documenting any necessary changes to the scene, like the movement of victims.

Collaborating with Medical Responders

If medical personnel are among the first on the scene, their observations and actions can be invaluable. Officers take note of all individuals involved in the response, ensuring that if the victim is moved, the destination is known, and any potential dying declarations are captured. When possible, an officer might accompany victims or suspects to the hospital to oversee the preservation of evidence and note any statements made. If no officers can go, they’ll ask ambulance staff to help in preserving crucial evidence and documenting statements.

In these high-stakes situations, the balance between urgent care and investigative integrity is delicate. Each step, from securing the scene to working with emergency medical services, is taken with a dual focus on safety and the meticulous preservation of evidence.

🔍 Reflect

Considering the complexities involved in managing crime scenes with immediate dangers or medical emergencies, how do you think these challenges impact the overall investigation process?

Assessing the Presence of a Crime

In the intricate dance of criminal investigation, not every scene with the appearance of wrongdoing turns out to host an actual crime. It’s a crucial early step to discern whether a crime has indeed occurred, guiding how resources and efforts are applied moving forward.

The Initial Question: Has a Crime Been Committed?

Every scene that whispers the possibility of a crime carries a question that demands an immediate answer: Has a crime truly been committed here? Treating the location as an alleged crime scene from the start is a procedural necessity, ensuring that no potential evidence is overlooked or contaminated. This cautious approach allows investigators to preserve the integrity of the scene until they can confidently determine the nature of the incident.

The Importance of a Careful Evaluation

Jumping to conclusions can lead to misallocated resources and potentially overlook the real issues at hand. Therefore, the determination of a scene as a crime scene must be grounded in a meticulous evaluation. This involves gathering preliminary information, assessing the scene for signs of criminal activity, and considering alternative explanations for the observed situation.

The question isn’t just procedural; it’s foundational. Confirming that a crime has occurred sets the stage for the entire investigation, from securing the scene to collecting evidence and identifying suspects. Conversely, establishing that no crime took place allows law enforcement to redirect their focus and resources to where they are truly needed, ensuring that justice is both efficient and precise.

Making the Call

Deciding whether a crime has been committed involves not only physical evidence but also the context of the situation. Sometimes, what appears to be a crime might be an accident, a misunderstanding, or a situation that doesn’t meet the legal definition of a criminal act. Investigators must use their training, experience, and available information to make this call, understanding that the decision shapes the path of their response.

This step, seemingly simple at its core, is imbued with the weight of ensuring that justice is pursued with diligence and accuracy. It’s about asking the right questions, looking beyond the surface, and ensuring that when the answer is found, it’s supported by solid evidence and sound judgment.

🔍 Reflect

How do you think the process of determining whether a crime has been committed influences the allocation of investigative resources and the approach to potential crime scenes?

Security and Control

When a crime scene is first encountered, the responding officer steps into a role that’s part guardian, part gatekeeper. Their initial actions set the tone for the investigation’s integrity, focusing on security, control, and preservation of evidence.

Establishing Control and Ensuring Safety

The priority for the first responder is twofold: ensuring the safety of everyone present and preserving the scene’s integrity. This involves a careful balancing act—managing the scene’s occupants while protecting the evidence. Individuals at the scene are restricted from moving freely to prevent any accidental or intentional alteration or destruction of evidence. This rule applies universally, though exceptions are made for emergency medical personnel, given their critical role in saving lives.

Identifying and Managing On-Site Individuals

Part of securing the scene involves identifying everyone present, from witnesses to potential suspects, and ensuring they are appropriately managed. Non-essential personnel, including curious bystanders and the media, are to be kept at bay. Yet, this exclusion must be handled delicately, especially when dealing with victims and their associates, where tact and compassion are paramount. Separating witnesses and suspects is crucial to prevent the contamination of testimonies.

Defining the Crime Scene

Before a crime scene can be fully secured, its boundaries must be clearly defined, starting from the crime’s epicenter and expanding outward to cover potential entry and exit points, areas the victim or evidence might have been moved, and other relevant spaces. Pre-existing structures like walls or fences can serve as natural boundaries, but in their absence, makeshift barriers, from crime scene tape to vehicles, are established to delineate the area. Documenting all individuals entering or leaving the scene is a critical step in maintaining control.

Protecting the Evidence

One of the early priorities is safeguarding evidence from anything that might compromise it. The elements—rain, wind, snow, and even the sun—pose as much a threat to evidence integrity as human and animal activity. Every measure must be taken to shield evidence from these potential dangers.

Maintaining Scene Integrity

Contamination often comes from well-meaning officers unaware of their impact on the scene. Strict guidelines are in place to prevent any actions that might alter the scene, including smoking, eating, or even moving objects unnecessarily. Such discipline ensures the crime scene remains as untouched as possible, allowing for a purer form of investigation.

In these initial moments, the foundation for the entire investigation is laid. By securing the scene, establishing clear boundaries, and taking steps to protect evidence, the responding officer not only preserves the integrity of the investigation but also honors the search for truth and justice.

🔍 Reflect

How does the rigorous control and security of a crime scene contribute to the successful resolution of a criminal investigation?

Managing the Handover

The transition of control at a crime scene from the first responding officer to the investigative team is a pivotal moment in the investigative process. This handover is more than just a simple passing of the baton; it’s a critical exchange of information and responsibility that sets the stage for a thorough investigation.

The Handover Process

For the first responder, their role evolves from securing the scene to ensuring a smooth transition. This involves several key steps:

  • Briefing the Investigators: The first responder provides a comprehensive overview of the situation to the incoming investigators. This briefing includes everything from initial observations to actions taken at the scene and any interactions with witnesses or suspects.
  • Scene Control Assistance: Even after the investigators take charge, the first responder may still play a role in maintaining scene integrity, helping to control access and ensuring that the scene remains undisturbed during the transition.
  • Documentation Transfer: All records, such as logs of who entered or exited the scene, are handed over. This documentation is vital for maintaining the chain of custody and ensuring the scene’s security.
  • Remaining on Site: The first responder stays at the scene until officially relieved, ready to assist further or provide additional information as needed.

Assembling the Crime Scene Team

For the lead investigator, one of the first tasks is determining the makeup of the crime scene team. This decision is driven by the nature of the crime scene:

  • Single Investigator vs. Team: While some scenes can be managed by a single investigator, others require a team approach due to their complexity, the number of victims or witnesses, or the extent of forensic evidence.
  • Specialized Skills: The requirement for additional personnel often extends to specialists in fields like forensic photography, evidence collection, and print lifting. These tasks demand specific expertise to ensure that evidence is collected accurately and efficiently.
  • Task Assignment: Assigning specific roles to team members helps streamline the investigation process. It’s essential for the lead investigator to document who is responsible for each task, from initial photographs to the final sweep of the scene.

Ensuring Continued Security

Throughout this transition and the subsequent investigation, the security of the crime scene remains paramount. Keeping the scene secure, maintaining accurate entry and exit logs, and ensuring that each piece of evidence is handled correctly are all crucial elements of a successful investigation.

This change of control, from the first response to detailed investigation, highlights the collaborative nature of criminal investigations. It emphasizes the importance of clear communication, meticulous documentation, and specialized expertise in unraveling the complexities of a crime.

🔍 Reflect

Considering the critical role of the transition from first responder to investigative team, how do you think this process impacts the overall effectiveness and integrity of the criminal investigation?

The Vital Role of First Responder Documentation

In the initial phase of a criminal investigation, the documentation by the first responding officer plays a pivotal role in setting the groundwork for a thorough inquiry. This initial documentation captures the raw, unaltered state of the crime scene and is a critical resource for investigators as they piece together what happened.

Capturing the Scene Accurately

Upon arrival, first responders are tasked with absorbing and recording a flurry of details:

  • Scene and Atmosphere: The layout of the scene, including the position of objects and individuals, offers invaluable clues. The state of the scene upon arrival—doors open or closed, lights on or off—provides context that could later explain actions or movements within the space.
  • Environmental Conditions: Elements like temperature, weather, and the time of day can influence both the crime and its investigation. Conditions prone to change, such as melting ice or fading scents, are especially important to capture before they dissipate.
  • Interactions and Observations: Documenting interactions with victims, witnesses, and suspects is essential. Initial reactions, statements, and even offhand comments can prove crucial in understanding the events leading up to and following the crime.
  • Action Log: The officer’s actions, along with those of any other first responders, need meticulous recording. This log includes decisions made at the scene, from securing certain areas to the handling of potential evidence.

The Importance of Timely Documentation

The essence of these observations begins to change almost immediately as time progresses and additional people interact with the scene. Swift and detailed documentation ensures that these initial observations are preserved in their most accurate form, serving as a reliable reference throughout the investigation.

Ensuring Integrity and Accountability

This initial record serves multiple purposes. It not only provides a baseline against which later discoveries can be measured but also ensures the integrity of the investigation from its very start. Documentation of the first responder’s actions and the actions of other officials at the scene supports transparency and accountability, crucial components in legal proceedings.

In essence, the documentation by the first responder is more than just a procedural step; it’s a foundational layer of the investigation, capturing a snapshot of the scene that cannot be recreated. This initial record is invaluable for investigators as they delve deeper into the case, offering insights and clues that might otherwise be lost.

🔍 Reflect

How does the thoroughness and accuracy of first responder documentation influence the direction and effectiveness of the subsequent criminal investigation?

The Investigator’s First Steps

The transition of a crime scene from first responder to investigator marks a critical phase in the investigative process. This is where the groundwork for a thorough examination is laid, ensuring every subsequent step is taken on solid legal and procedural footing.

Initial Coordination and Safety Check

The investigator’s first task upon arrival is to debrief with the first responder. This conversation is key to understanding the scene’s initial conditions and any immediate actions taken. Ensuring the scene has been safely secured and swept for any immediate dangers, like environmental hazards or potential bloodborne pathogens, is crucial for everyone’s safety.

Legal Considerations: The Foundation of Search and Seizure

With the scene secured and immediate dangers addressed, the focus shifts to legal requirements. The necessity of a search warrant is a paramount consideration; despite common misconceptions, there’s no blanket “crime scene exception” to the warrant requirement. Investigators must navigate this terrain carefully, seeking consent or a warrant when needed to ensure the search’s legality.

Establishing Operational Boundaries

Once legal clearance has been obtained, defining and possibly expanding the scene’s boundaries becomes a priority. Establishing a designated path for entry and exit minimizes contamination and preserves the scene’s integrity. Nearby, a secure area is set up for consultations and equipment staging, with a dedicated section for temporary evidence storage—always with an eye on maintaining a strict chain of custody.

Coordinating Multi-Scene Investigations

When a crime involves multiple scenes, seamless communication between investigators at each location is essential. This coordination ensures a cohesive approach and prevents critical details from slipping through the cracks.

Assessing Additional Resource Needs

The initial scene assessment also involves considering whether additional expertise is required. This might mean consulting with legal advisors, forensic experts, or even partnering with other agencies to access specialized skills and equipment. Recognizing the limits of one’s training and resources early can be pivotal in conducting a comprehensive investigation.

Upholding Scene Integrity

Throughout this process, the sanctity of the crime scene is paramount. Preserving the scene’s integrity involves meticulously recording who enters and exits, barring unauthorized access, and conducting thorough area canvassing. These steps not only aid in the investigation but also ensure that the evidence gathered will stand up to scrutiny in court.

In the hands of the investigator, these initial steps are more than procedural formalities; they are the foundation upon which the entire case is built. From legal readiness to logistical setup, each action is taken with a commitment to uncovering the truth in a manner that upholds the principles of justice.

🔍 Reflect

Considering the importance of the initial scene assessment, how do significant decisions made at this stage influence the trajectory and outcome of the criminal investigation?

The Critical First Steps

At the heart of every crime scene investigation is the scene walk-through, a crucial step where the investigator takes their first comprehensive look at the scene. This initial survey lays the groundwork for the meticulous process of evidence collection that follows.

Understanding the Scene

The walk-through allows the investigator to absorb the scene in its entirety, forming a mental map of the space and its contents. This broad perspective is essential for planning the evidence collection strategy. It’s during this phase that the investigator identifies which pieces of evidence are most vulnerable and prioritizes them accordingly. Fragile or perishable evidence, such as blood samples that could degrade or items that might be moved or disturbed, are marked for immediate attention.

Prioritizing Evidence Collection

The nature of a crime scene means that some evidence is more at risk than others. Evidence at risk of compromise, whether by environmental conditions, the movement of personnel, or other factors, is documented, photographed, and collected as a matter of urgency. This prioritization ensures that the most critical evidence is secured in its most intact state, providing the best chance for accurate analysis later on.

Minimizing Contamination

Throughout the walk-through, the investigator’s movements are deliberate and mindful, sticking to the established path of entry and exit to minimize the risk of contaminating the scene. Every step is taken with the awareness that preserving the scene’s integrity is paramount to a successful investigation.

Documenting the Scene

As the investigator navigates the scene, preliminary documentation is a continuous process. Capturing the scene as it was found—before any evidence is moved or collected—is crucial. This documentation serves as a permanent record of the scene’s original state, offering invaluable context for understanding how the evidence fits into the overall narrative of the crime.

The scene walk-through is more than just a first look; it’s an investigator’s initial opportunity to connect with the scene, understanding its layout, its challenges, and its most critical pieces of evidence. This step is foundational, guiding the entire investigation by setting priorities, establishing a plan for evidence collection, and beginning the detailed work of documenting the scene’s truth.

🔍 Reflect

How does the discipline and attention to detail during the scene walk-through enhance the overall quality and reliability of the evidence collected?

Contamination Control at Crime Scenes

In the intricate process of crime scene investigation, after ensuring safety, the next critical focus is controlling contamination. This concern encompasses not just the well-being of the investigative team but also the usability of evidence in court.

Eliminating Nonessential Personnel

One straightforward step in preventing contamination is limiting scene access strictly to essential personnel. Everyone else, no matter their rank or role outside the investigation, must stay clear of the scene. For those necessary individuals, like emergency medical technicians (EMTs) who’ve entered the scene, investigators might collect elimination samples. These samples, including fingerprints and DNA, help distinguish between evidence related to the crime and that resulting from legitimate emergency or investigative activities.

Implementing Personal Protective Equipment (PPE)

The cornerstone of contamination control is the use of Personal Protective Equipment (PPE). This gear, ranging from gloves and goggles to respirators, serves a dual purpose: protecting the wearer from potential hazards at the scene and preserving the integrity of the evidence. Gloves, for example, prevent the transfer of substances both to and from the investigator, safeguarding against the introduction of foreign DNA or the contamination of the scene with the investigator’s own.

Managing PPE Contamination

A critical aspect of using PPE is acknowledging that, once used, it becomes a potential source of contamination itself. Therefore, PPE must either be thoroughly sanitized after use or, more commonly, disposed of to ensure it doesn’t compromise the scene. This practice is particularly vital for items directly involved in collecting biological samples, where cross-contamination could significantly impact the evidence’s reliability.

In summary, the meticulous control of access to the crime scene and the strategic use of PPE are foundational in preventing evidence contamination. These measures, while seemingly simple, are crucial for the accurate reconstruction of events from the physical clues left behind, ensuring that the evidence remains untainted and admissible in court.

🔍 Reflect

Considering the essential role of contamination control, how do these practices impact the credibility and admissibility of evidence collected from a crime scene?

Summary of Crime Scene Management Procedures

The management of a crime scene unfolds in a series of carefully structured steps, each designed to preserve evidence, ensure safety, and lay the groundwork for a thorough investigation. Here’s a detailed summary of these essential procedures:

Scene Arrival and Assessment

  • Initial Logging: Document all information received from dispatch, noting the specifics of the location, time, and nature of the incident.
  • Observation: Remain vigilant for individuals or vehicles departing the scene, as they may be involved. Approach with caution, fully assessing the environment for potential risks or additional crime scenes.
  • Safety First: Prioritize officer safety, assuming the situation is still active until confirmed otherwise. Secure the scene, directing additional units with care to avoid contamination.

Ensuring Safety

  • Hazard Identification: Scan for immediate threats to responders, including environmental hazards or dangerous individuals. If specialized threats are identified (e.g., chemical hazards), contact appropriate experts.
  • Secure and Control: Establish control over the scene, ensuring the safety of all present and maintaining order.

Emergency Care

  • Victim Care: Quickly assess and address the medical needs of victims, coordinating with emergency medical personnel while minimizing scene contamination.
  • Evidence Preservation: Guide medical personnel to avoid disturbing potential evidence and document any necessary scene alterations they make.

Scene Control

  • Restrict Access: Limit scene access strictly to essential personnel, managing the movement of witnesses, victims, and bystanders compassionately yet effectively.
  • Documentation: Keep a detailed log of all individuals at the scene, separating suspects from witnesses to prevent evidence tampering.

Establishing Boundaries

  • Define the Scene: Clearly mark the scene’s extent based on preliminary assessments, using physical barriers as needed to secure the area.
  • Maintain Integrity: Document all entries and exits, and implement measures to protect the scene and evidence from environmental or accidental damage.

Legal Considerations

  • Legal Compliance: Before proceeding with a search, evaluate the need for consent or a search warrant, adhering strictly to legal requirements to ensure evidence admissibility.

Transition of Control

  • Handover Procedure: When investigators arrive, brief them thoroughly, assist in scene control, and ensure a smooth transition of responsibilities, including the meticulous documentation of all scene activities.

Documentation

  • Detailed Records: Document every aspect of the scene upon arrival, including environmental conditions, the position of people and objects, and any initial observations that may impact the investigation.
  • Personal Accounts: Record interactions with, and information from, all individuals involved, noting any statements or actions that may be relevant to the investigation.

This procedural summary encapsulates the rigorous and methodical approach required for effective crime scene management, emphasizing the importance of meticulous planning, adherence to safety protocols, and strict legal compliance. Each step, from the initial assessment to the handover to investigative teams, is critical in ensuring the integrity of the investigation and the preservation of evidence crucial for solving the crime.

References and Further Reading

 

Modification History

File Created:  05/02/2019

Last Modified:  04/03/2024

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