Section 3.1: Evidence Handling and Safety

Fundamentals of Criminal Investigation by Adam J. McKee

Understanding the critical importance of the chain of custody is essential for law enforcement officers and investigators. This legal framework guarantees that physical evidence presented in court is the same as what was originally collected at the crime scene, ensuring it hasn’t been tampered with or altered significantly. Every individual who handles the evidence, even momentarily, must be recorded and prepared to testify that the evidence remained unchanged under their supervision. Any disruption in the chain of custody could lead to evidence being deemed inadmissible in court.

Documenting Evidence Custody

Personnel involved in evidence handling are required to keep meticulous records. These records should detail the evidence’s sample number, a comprehensive description, its discovery date and location, the collector’s name, and any additional information mandated by departmental policy. Each transfer of custody needs to be documented explicitly, noting the recipient’s name, transfer date, and method. The evidence’s final disposition should also be recorded accurately.

Preventing Evidence Contamination

The integrity of physical evidence analysis hinges on preventing contamination. Once evidence is compromised, its value in legal proceedings diminishes significantly. This underscores the first responder’s role in securing the crime scene and protecting evidence from environmental damage. Adequate packaging and storage are paramount to maintaining evidence in its original condition, as found at the crime scene.

Collection of Comparison Standards

For many types of evidence analysis, establishing a comparison between the material found at the scene and a known standard is crucial. For instance, a fingerprint from a crime scene needs to be matched against a known sample from a suspect for it to be of any evidentiary value. Thus, collecting comparison standards is a vital step in the investigative process that should not be overlooked.

Maintaining Sample Integrity

To prevent any change in a sample’s condition post-collection, strict packaging, transportation, and storage protocols must be adhered to. These procedures are designed to shield the evidence from any alterations that could compromise its condition or the analysis’s scientific validity. For specific guidance on how various evidence types should be packaged, refer to the provided appendix or relevant departmental resources.

By following these guidelines, investigators can ensure the reliability and admissibility of evidence, maintain personal safety, and uphold the scientific integrity of the investigative process, thereby supporting the pursuit of justice.

🔍 Reflect

Consider the potential consequences of evidence contamination or a broken chain of custody. How might these issues impact the outcome of a case and the broader credibility of the investigative process?

Prioritizing Personal Safety in Evidence Handling

In the realm of criminal investigations, officers encounter a myriad of evidence types, some of which pose significant health risks. Ensuring personal safety requires an understanding of these hazards and the implementation of stringent safety measures.

Handling Biological Materials

Biological evidence, including blood, semen, and saliva, can harbor dangerous pathogens like HIV and hepatitis. To mitigate the risk of exposure:

  • Use Personal Protective Equipment (PPE): Always don protective gloves, eyewear, respirators, and clothing when interacting with biological materials.
  • Assume Contamination: Treat all biological evidence as if it is contaminated, adopting the highest safety standards to protect against infection.

Navigating Chemical Hazards

The chemical substances encountered in crime scenes, from forensic agents to substances found in clandestine labs, present their own dangers.

  • Educate Yourself: Familiarize yourself with the chemicals you’re using, reading labels and safety data sheets meticulously.
  • Protective Measures: Employ appropriate protective gear and follow safety protocols when handling or being exposed to hazardous chemicals.

Biohazard Awareness

The risk of biohazard contamination is more prevalent in crime scenes than one might expect. Consider the following:

  • Cross-Contamination Risks: Understand that biohazards, such as blood, can easily transfer from a crime scene to officers and subsequently to others, highlighting the need for meticulous cleanliness and protective measures.
  • Departmental Liability: Negligence in handling biohazards can lead to public health issues and potential legal action against the department. Ensuring strict adherence to safety protocols is paramount.

Training and Policy Enforcement

The foundation of effective biohazard management lies in:

  • Comprehensive Training: Officers must be well-trained in recognizing biohazard risks and proficient in using PPE and disposing of it safely.
  • Strict Policies: Departments should enforce policies that prioritize safety, including the proper disposal of PPE and the decontamination of equipment.

Equipment Management

In the aftermath of evidence collection:

  • Clean and Sterilize Tools: Items such as swabs, pipettes, and razor blades, once contaminated, must be either sterilized or disposed of safely to prevent biological contamination and cross-contamination between crime scenes.
  • Seek Expert Advice: For developing and refining safety protocols, consulting with crime lab experts can provide valuable insights and training resources.

The emphasis on personal safety and proper evidence-handling protocols not only protects officers but also preserves the integrity of the investigative process. By adhering to these guidelines, law enforcement agencies can minimize health risks and legal liabilities, ensuring a safer environment for all involved.

🔍 Reflect

Consider the broader implications of inadequate safety measures in crime scene investigations. How might this affect not only the individual officers but also the public trust in law enforcement practices?

Balancing Thoroughness and Efficiency

In the aftermath of a crime scene investigation, once the scene is released back to the rightful owners, the opportunity to collect evidence is definitively concluded. This finality underscores the importance for investigators to meticulously identify and gather any items that could potentially hold evidential value. The repercussions of missing critical evidence can significantly impact the case’s legal proceedings.

The Challenge of Identifying Evidence

  • Error on the Side of Caution: Given the irreversible nature of evidence collection at a crime scene, adopting a strategy that errs on the side of over-collection is often preferred. It is more prudent to collect items that may later be deemed irrelevant than to overlook potential evidence that could be pivotal to the case.
  • Avoiding Overkill: While comprehensive collection is vital, indiscriminately gathering every possible item can lead to inefficiencies and unnecessary complications. Over-collection not only burdens investigators with voluminous, non-pertinent evidence but also strains laboratory resources, leading to prolonged analysis times and potential backlogs.

Leveraging Tools and Strategies

  • Utilizing Checklists: Many departments employ standardized checklists as reminders of potential evidence types. While useful, a discerning approach to their application is necessary to avoid the pitfalls of excessive collection.
  • Evaluating Evidence Within Context: Developing the skill to interpret the crime scene allows investigators to discern which items are unlikely to contribute to the case narrative. This context-driven approach facilitates a more targeted collection strategy, eliminating items that do not align with the established sequence of events.

Case Example: Determining Relevance

Consider a scenario where a victim is shot from a distance. In such cases, collecting fingernail scrapings might be deemed irrelevant since the crime’s nature suggests no physical altercation occurred between the victim and the perpetrator. This example illustrates the importance of matching evidence collection efforts with the crime’s specifics, ensuring resources are focused on materials that could feasibly contain traces of the perpetrator.

Conclusion

Striking the right balance in evidence collection is a nuanced challenge that requires both a broad understanding of potential evidence types and a contextual analysis of each unique crime scene. Investigators must navigate between thoroughness and practicality, leveraging their expertise and available tools to make informed decisions. By doing so, they can enhance the investigation’s efficiency without compromising the quest for justice.

🔍 Reflect

How do investigators’ decisions on evidence collection reflect broader considerations about resource allocation and the efficiency of the criminal justice process?

  

Best Practices for Documenting Evidence

Documenting evidence with precision and clarity is paramount in a crime scene investigation. This ensures that all evidence retains its context and significance, from discovery through to courtroom presentation. Here’s a detailed guide on effectively documenting evidence, particularly focusing on items with stains that could be critical to the investigation.

Photographic Documentation

  • Incorporate a Scale and Identification Label: When photographing evidence, always include a scale to provide a reference for size, and an identification label to link the photo to the specific piece of evidence.
  • Capture Location Photographs: Take photographs that clearly show where the object was discovered within the crime scene. These should offer a clear view of the object’s placement and its spatial relation to other pieces of evidence.
  • Demonstrate Evidence Relationships: Aim to capture the interconnectedness of various pieces of evidence within a single photograph when possible, illustrating their collective relevance to the scene.

Labeling Evidence Containers

When packaging evidence for transport and analysis:

  • Essential Information: Label the container (e.g., paper bag, envelope) with your initials, identification number, the date and time of collection, case number, evidence number, and a detailed location of where the evidence was found.
  • Unique Evidence Numbering: Assign a unique number to each piece of evidence, ensuring this number is also visible on any placards used in photographs with the evidence. This helps maintain the organization and easy identification throughout the investigation process.

Detailed Evidence Description

For every piece of evidence collected, especially those with stains or similar marks, the following details should be meticulously recorded:

  • Item Type: Clearly specify what the item is (for example, “victim’s shirt” or “section of carpet”).
  • Stain Details: Note the exact location of the stain on the item and indicate whether the stain was found wet or dry, as this can affect both the handling and analysis of the sample.
  • Crime Scene Location of the Item: Document the specific location within the crime scene where the item was found, adding another layer of context to the evidence.

This comprehensive approach to evidence documentation ensures that every item can be accurately traced back to its origin within the crime scene, preserving the integrity and reliability of the evidence for analysis and, ultimately, for presenting a robust case in court.

🔍 Reflect

Consider the implications of inadequate evidence documentation on the judicial process. How might gaps or inaccuracies in documentation impact the outcome of a case?

Handling Ignitable Evidence

In cases involving fires or suspected arson, the recognition and collection of ignitable evidence, such as accelerants, require a specialized skill set. First responders and scene personnel play a crucial role in the initial identification of potential evidence, but it’s paramount that the collection and analysis are left to experts in accelerants and ignitable liquids. Here’s how scene personnel can effectively contribute to the process while ensuring safety and preserving the integrity of the evidence.

Initial Observation

  • Use Your Senses: Evidence of accelerants may be detected through smell, sight, and even sound. Any observations that suggest the presence of ignitable liquids should be meticulously noted, providing valuable information for subsequent investigation phases.

Coordination with Specialists

  • Consult Experts Before Collection: Before attempting to collect any evidence related to accelerants or ignitable liquids, it is critical to consult with an investigator or specialist in this field. Their expertise is essential for safe and effective evidence handling.
  • Follow Expert Guidance: Once in contact, adhere strictly to the instructions given by the accelerants and ignitable liquids investigator. Their guidance ensures that evidence is collected in a manner that preserves its forensic value and prevents any potential hazards.

Ensuring Safety

  • Prioritize Scene Safety: The presence of accelerants and ignitable liquids poses significant safety risks. Ensuring the safety of all individuals at or near the scene is the immediate priority. Follow established safety protocols and await instructions from specialists trained in handling hazardous materials.

By recognizing the specialized nature of dealing with ignitable evidence and closely following these guidelines, scene personnel can support the investigative process effectively. This collaborative approach not only aids in building a strong case but also ensures the safety of everyone involved.

🔍 Reflect

Why is it crucial for first responders to collaborate with accelerant and ignitable liquids specialists when handling fire-related evidence? Consider the implications for both the investigation and scene safety.

Best Practices for Handling and Storing Blood Evidence

Blood evidence plays a crucial role in crime scene investigations, offering insights that can be pivotal in reconstructing events. Proper collection, preservation, and storage of blood evidence are essential to maintain its integrity for forensic analysis. Here’s a guide on the appropriate handling and storage of blood evidence.

Collecting Blood Evidence

  • Identify Potential Substrates: Bloodstains can be found on various surfaces, including clothing, portable objects, parts of larger, immovable objects, and non-porous surfaces. Each substrate requires a tailored approach to evidence collection.
  • Essential Equipment: The collection kit should include paper bags, boxes, envelopes for packaging, cotton-tipped swabs for sampling, sterile containers for swab storage, distilled or sterile water, cutting tools (scalpel, scissors), clean paper, waterproof pens, evidence tape, and personal protective gear such as gloves and face protection.
  • Handling Considerations: To prevent degradation or contamination:
    • Use breathable packaging like paper bags for bloodstained items to prevent moisture buildup.
    • If feasible, collect entire items to avoid disturbing the evidence.
    • Handle items delicately to prevent transferring stains or losing trace evidence.
    • Avoid folding or crumpling items to maintain the original condition of stains.

Environmental Factors

  • Temperature and Light: Protect blood evidence from excessive heat, moisture, and direct or UV light exposure during collection, transport, and storage.
  • Minimize Handling: Limit direct interaction with the evidence, and ensure gloves are worn at all times to avoid contamination from touch, breath, or bodily fluids.
  • Preliminary Identification: Label stains as “red stain” or “apparent bloodstain” pending forensic confirmation. Use appropriate cautionary labels such as “Store Frozen” or Biohazard symbols for clearly marked packaging.

Storage Guidelines

  • Controlled Environment: Ideally, blood evidence should be stored in a temperature-controlled setting, maintaining a temperature range of 60–75 degrees Fahrenheit with less than 60% humidity.
  • Ambient Temperature Storage: If stored at room temperature, ensure the storage area is secure, dry, and not exposed to direct sunlight or sources of extreme heat.

By adhering to these practices, investigators can preserve the evidential value of blood samples, contributing significantly to the case’s resolution. Proper handling and storage are not just procedural but crucial steps in respecting the forensic significance of blood evidence in criminal justice.

🔍 Reflect

How might the mishandling or improper storage of blood evidence impact a criminal investigation and the pursuit of justice?

Semen and Bodily Fluid Evidence

In criminal investigations, particularly those involving sexual assaults, the proper identification, documentation, and collection of semen and other bodily fluids are paramount. These substances can provide crucial DNA evidence but often require specific methods for detection and collection due to their subtle appearance. Here’s a comprehensive guide on managing these types of evidence effectively.

Documenting Evidence

  • Photographic Documentation: Always include a scale and identification label when photographing evidence. Capture the relationship between the stain and its surroundings, ensuring the stain’s context within the scene is clear.

Locating Semen Stains

  • Visual Identification Challenges: Semen stains may not be immediately visible, often appearing faintly yellow on light fabrics or whitish on darker materials. Some may present a “crusty” texture. Given their inconspicuous nature, it’s advisable to collect any items that might harbor semen stains, such as clothing, bedding, and upholstery involved in the incident.

Detecting Semen Stains

  • Special Lighting Techniques: For items that cannot be readily sent to a lab, like furniture or vehicle interiors, apply special lighting techniques. An alternate light source (ALS) can make semen stains fluoresce under specific wavelengths, aided by color filters. However, these methods are preliminary and can’t definitively identify semen.
  • Ultraviolet (UV) Lamp: Long-wave UV light may also reveal semen stains against dark backgrounds. During UV examination, wear protective eyewear and cover exposed skin to safeguard against UV exposure.

Collecting Semen Evidence

  • Collection Best Practices: To avoid disturbing or transferring the stain:
    • Wear gloves during evidence collection.
    • Collect control samples from the area.
    • If the stain is dry, prioritize collecting the entire item if possible. If the item cannot be collected in its entirety, carefully cut out the stained area or use a moistened sterile swab for sampling, ensuring the stain’s integrity is maintained. Allow the swab to air dry before packaging.

Key Considerations

  • Stain Preservation: Ensure that the methods used for collecting semen stains preserve the evidence for DNA analysis. This includes preventing the stain from flaking or being otherwise compromised during collection and transport.
  • Packaging: Properly package and label collected evidence, taking care to minimize contamination and maintain the evidence’s condition for forensic analysis.

Handling semen and bodily fluid evidence with the requisite care and precision not only aids in the accurate reconstruction of crimes but also ensures the reliability of DNA evidence used in the pursuit of justice.

🔍 Reflect

How does the meticulous approach to detecting, documenting, and collecting semen and bodily fluid evidence impact the outcome of sexual assault investigations?

Collecting Saliva Evidence: Protocols and Precautions

Saliva evidence, containing valuable DNA, can significantly impact the investigation of various crimes, including sexual assaults and incidents where items like cigarette butts or beverage containers are involved. Proper collection, documentation, and handling of saliva evidence are crucial for preserving its integrity for forensic analysis. Here’s a detailed approach to managing saliva evidence efficiently and safely.

Preparing for Collection

  • Label Containers: Before collecting any items that may contain saliva, clearly label the appropriate container with relevant case and evidence information to avoid any mix-up or contamination.
  • Document the Evidence: Thoroughly document the item’s location using photography, detailed measurements, and sketches. This documentation provides context and aids in reconstructing the sequence of events.

Identifying Saliva Evidence

  • Common Sources: Pay special attention to items that commonly hold saliva evidence, such as cigarette butts and used beverage containers. In sexual assault investigations, swabbing areas like the breast or other body parts may yield crucial evidence, depending on the specifics of the case.

Collection Methods

  • Swabbing Techniques: Decide on using a dry or moistened swab based on the stain’s condition. A dry swab is suitable for fresh samples, while a moistened swab can help collect dried saliva residues.
  • Handling the Evidence: Always use gloves or forceps when handling potential saliva evidence to prevent any risk of contamination from the collector.

Avoiding Contamination

  • Envelope Precautions: If collecting evidence that requires sealing, such as envelopes or paper with potential saliva traces, do not moisten the seal with your mouth. Similarly, ensure the sample isn’t accidentally contaminated by coughing or sneezing near it.

Key Considerations

  • Maintaining Integrity: The careful handling of saliva evidence, from collection to packaging, is imperative to maintain its condition for DNA analysis. Any contamination could compromise the evidence’s reliability or result in its exclusion from forensic evaluation.
  • Storage and Transportation: Properly store and transport collected evidence, ensuring that conditions do not degrade the saliva’s DNA content before analysis.

By adhering to these guidelines, investigators can ensure that saliva evidence is collected in a manner that upholds its forensic value, supporting the broader goals of the criminal justice process.

🔍 Reflect

How do the specific challenges of collecting saliva evidence illustrate the importance of meticulous evidence handling in forensic investigations?

Collecting Standard Samples

In forensic investigations, particularly those involving bodily fluids as evidence, obtaining standard/reference samples from suspects and victims is crucial for DNA comparison. These samples are vital for matching DNA profiles to evidence collected at crime scenes, enhancing the investigation’s accuracy and reliability. Here’s an overview of best practices for collecting these essential samples.

Choosing the Right Standard Sample

  • Saliva or Buccal Swabs: For cases where semen is among the evidence, a semen reference standard is not required. Instead, saliva or buccal swabs are the recommended sources for standard/reference samples due to their reliability in DNA analysis.

Legal Considerations

  • Adherence to Legal Protocols: It’s imperative to follow the legal standards for search and seizure within your jurisdiction when collecting standard samples. Ensuring that the collection process respects legal boundaries is essential to maintain the admissibility of evidence and protect individuals’ rights.

Collecting DNA Reference Material

  • Buccal Swab Collection: The most effective method for gathering DNA reference material is through buccal or saliva swabs, using several clean swabs to ensure a sufficient sample. This non-invasive technique is preferred for its ease and effectiveness in collecting cellular material suitable for DNA analysis.
  • Alternative Methods: In scenarios where buccal swabs may not be feasible, collecting blood samples by finger-pricking and depositing the drops on filter or specialty paper designed for DNA preservation is an acceptable alternative. This method provides a viable source of DNA reference material.

Handling and Processing Reference Material

  • Evidence-Level Care: Just as with any evidence collected at a crime scene, reference material must be handled and processed with the utmost care. This includes proper labeling, packaging, and storage to prevent contamination or degradation of the DNA sample.

By following these guidelines, forensic investigators can ensure the effective collection of standard samples for body fluid DNA analysis. These samples are instrumental in constructing accurate DNA profiles, contributing to the resolution of criminal cases and the delivery of justice.

🔍 Reflect

How does the careful collection and handling of standard samples impact the outcome of forensic analysis and the overall integrity of the investigation?

References and Further Reading

 

Modification History

File Created:  05/02/2019

Last Modified:  04/05/2024

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