CHAPTER 5. Crime Scene Processing
Zug G. Standing Bear
This chapter addresses the proper processing of crime scenes where interpersonal violence, either physical or emotional, is involved, as may be seen in the crimes of murder, manslaughter, negligent homicide, rape and other sexual assaults, maiming, aggravated assault, robbery, and torture. Not detailed in this chapter is the examination of scenes of catastrophic events (such as acts of terrorism in which many persons are killed or disasters such as commercial aircraft crashes), where scene search procedures and protocols are far more extensive and multifaceted than reported here and involve the deployment of specialized teams of investigators. Disaster scene investigation procedures have been meticulously developed by organizations such as the United States National Transportation Safety Board (1999).
The violent crime scene brings together healthcare, emergency service, criminal justice, and forensic science personnel who may have a wide variety of backgrounds, such as police officers, emergency medical technicians and paramedics, forensic nurses, police investigators, firefighters and fire investigators, and possibly highly specialized individuals (such as forensic engineers, forensic entomologists, or forensic anthropologists). Proper care of a victim of violent crime and the professional, careful, and complete processing of the crime scene require that certain tasks be carried out in a specified order. Many adequate publications prescribe and describe proper techniques of searching a crime scene and for collecting, preserving, and identifying physical evidence. Currently, however, only one source, an earlier version of this chapter (Standing Bear, 1999), has spelled out, in succinct fashion, the exact steps to be taken in the thorough examination of a crime scene involving violence. This chapter details an updated protocol for procedures to be followed in responding to a complaint of a crime of violence. It is important that properly skilled personnel, trained in violent crime scene search techniques and the collection/preservation of evidence, be employed in the scene investigation of these offenses. When forensically unskilled officials are first to respond to the incident scene, they should perform steps in this protocol only up to the point at which the scene is secured; then they should arrange for scene security until skilled personnel arrive.
It is important to gauge the experience and expertise of the uniformed law enforcement and investigative personnel one will be working with at crime scenes. If expertise in crime scene processing is lacking, as is often the case, the time to get training is before the scene is examined. Joint training sessions will prepare personnel to work together as a team. Lack of training on the part of any member of a crime scene processing unit invariably leads to interagency disputes and diminished effectiveness.
This chapter details a sequential format to be followed. Performing the scene investigation out of sequence may alter or destroy important evidence. One need review only a few of the recent “celebrity cases,” such as the O. J. Simpson investigation or the Jon Benet Ramsey case, to get the picture that all is not well in the conduct of crime scene examinations.
Virtually anyone can discover a crime scene. It is understandable that well-meaning but unskilled citizens may alter a scene to the detriment of solving the case. However, there is no reason why professionals who deal with emergencies and major crimes on a frequent basis—such as emergency medical technicians and paramedical personnel; emergency, flight, or forensic nurses; and police officers and investigators—should not be able to secure and process a crime scene in an effective manner. Although some of the following sequential steps may seem simplistic, they are of utmost importance in the proper processing of a major crime scene. Certain responders, such as emergency medical technicians and paramedical personnel, may have a limited role in the actual processing of a crime scene. Nonetheless, it is important for them to realize the steps that must be followed in order to facilitate the effective processing of the scene, because even their limited role may jeopardize effective evidence collection. The serial killer or rapist who is permitted to remain at large owing to poor evidence collection or crime scene processing will return again to revictimize and tax the resources and emotions of the entire community. Accordingly, good crime scene examination is not solely within the province of the police but is the responsibility of every member of the emergency response team.
The scene investigation in a major incident must be undertaken in a systematic, sequential manner by trained and skilled investigators to ensure that all valuable evidence is identified, accurately documented, and effectively recovered, preserved, and secured, so as to permit optimal laboratory or other expert examination. At the same time, the chain of custody must be maintained so that the evidence is admissible. The scene investigation in a major crime is among the most important initial activities in a chain of events that may significantly affect the outcome (successful suspect identification and prosecution, consideration of the victim, public safety, and security) of a serious criminal offense.
Preparation
Investigation of the scene of a violent criminal offense cannot be carried out effectively without adequate preparation before the incident is initially reported. Because timeliness of response to such scenes is of paramount importance in the discovery, security, recovery, and preservation of evidence, the prior possession and maintenance of adequate supplies and equipment are essential.
Crime scene search equipment
In this day of rapidly advancing technology, advancements in various types of equipment specially manufactured for crime scene processing are being made on almost a daily basis. Organizational leaders and policy analysts should develop procedures to explore emerging technologies in such areas as photography, scene protection methods, alternative light sources, trace evidence discovery and collection methods, computerized scene recording and reconstruction software, advanced measurement methods, and improved evidence packaging methods. Resources are available online to explore these emerging advancements through such publications as Evidence Technology Magazine (http://www.evidencemagazine.com).
Scene Security Supplies and Equipment
Adequate scene security supplies and equipment must be maintained. That includes physical barriers, such as sawhorses and crime scene barrier tape, as well as rain protection devices, such as large plastic containers (in the event footprints or tire tracks must be protected from inclement weather) and waterproof tarpaulins.
Scene Documentation Supplies and Equipment
Before notification of a violent incident, scene documentation supplies and equipment must be immediately available to scene investigators, including clipboards, paper, pencils and pens, measuring devices (small inch/centimeter rulers for photographic documentation and 100-foot tape measures for scene measurement), flags and other markers for outdoor scene identification, photographic equipment (high resolution digital camera with photoflash capability), and adequate portable lighting. Contingency plans should be formulated for the rapid replenishment of supplies and equipment should a scene examination require extraordinary resources, such as additional photographic supplies or intensified lighting (available through many large fire departments). Examples of such scenes are a basement during a power outage and a forest at night.
Evidence Recovery Supplies and Equipment
Evidence recovery kits for the investigation should contain sufficient quantities of suitable containers (test tubes, bottles, plastic and paper bags, boxes, rubber gloves, rubber bands, tweezers, print and impression recovery materials, and syringes) to recover a variety of substances. A method must be in place to replenish stock once depleted. In one death case, the host of a party was found dead the next morning in his home, and it was suspected that he had been poisoned. At the scene were 87 drinking glasses containing various levels of liquids and residue, each of which had to be examined.
Maintenance of equipment and vehicles
All equipment and the vehicles used to transport the investigators and equipment to the scene must be properly maintained and ready to respond to a crime scene 24 hours a day. Equipment and supplies must be adequately stocked on a continuous basis. Written inventory control and replenishment procedures for equipment and supplies should be in place and a specific individual designated as responsible for maintenance and replenishment.
Attire at the scene
Although suitable field uniforms are commercially available for scene search work, any comfortable and durable clothing that may become soiled or damaged without concerning the wearer and that is suitable to the scene temperature may be adequate in all but the following specialized cases:
• Scenes that contain biohazards, toxic materials, or vapors may require specialized protective clothing for scene investigators.
• Large crime scenes or scenes where several investigating agencies may be working and investigators are not familiar with each other (such as a killing involving drug traffickers or a suspected serial killer) may require special identifying uniform clothing (or other controls such as badges or photo identification) in the interests of operational control.
Portable lighting and other specialized equipment
Adequate battery- or generator-powered portable lighting should be available to investigators at all times in the event of outside scenes that must be searched during hours of darkness or indoor scenes that must be searched where electrical lighting is not available, either because of location (cellars, closets, attics) or a power outage. Responsibility for maintaining portable lighting and batteries should be contained in written operating procedures. Also, the appropriation of other specialized equipment and equipment operators (e.g., metal detectors, scaffolding erectors, heavy equipment such as cranes or recovery vehicles, fumigators) should also be written into procedures. Often, memorandums of understanding can be promulgated with fire departments and other specialized org-anizations for the provision of portable lighting and other special equipment when necessary, as such departments usually maintain lighting and other equipment as a matter of standard practice.
Notification and response
In investigating violent crimes, procedures must be in place for an organized and orderly response well in advance of notification of the occurrence of such a crime. Procedures must be in writing and shared among all the agencies that potentially may become involved in an incident. It is as important for each participant to understand what the function and role is of each member responding in an interagency sense as it is for each participant to understand the function and role within a particular agency (intra-agency responsibilities).
Know in advance what the special capabilities are of each member of the crime scene search team and capitalize on those capabilities. In the words of General George S. Patton, Jr., “Know what you know and know what you do not know!” (Williamson, 1988 p. 165ff).
These advance understandings will do much to ensure a smooth and effective scene processing and should eliminate much of the on-scene confusion and squabbling too often encountered.
Organization for response
In violent crimes, several investigators should be mobilized if possible. For example, sexual assault investigations generally require a minimum of three responding investigators: at least one to process the crime scene, one to interview the victim and assist the victim through the remainder of the investigative process, and one to locate, apprehend, interview, and process the suspect. Until all initial phases of the investigation (scene searches, interviews, and medical examinations) have been completed, the suspect(s) and victim(s) should be kept separate from one another and should never be transported in the same vehicles or occupy the same treatment, waiting, or interview rooms to avoid cross-contamination of trace evidence, allegations of possible cross-contamination, collusion (such as a possible attempt by the perpetrator to have the victim drop the complaint), and confrontations. Although cross-contamination of evidence is nearly impossible (e.g., from both the victim and the suspect walking across the same hospital parking lot at different times), the perception of the possibility may become very real in court.
Contemporary agencies are implementing a conjoint team approach involving both law enforcement investigators and forensic nurse examiners, specifically in sexual assault, homicide, child abuse, elder abuse, and domestic violence cases. For example, in San Diego, California, police investigators request sexual assault nurse examiners (SANEs) at the scene and at the examination facility to assist in identifying crucial biomedical evidence often unrecognized by investigators without a medical background. Increasingly, investigative agencies prefer that sexual assault examinations be performed by a credentialed SANE nurse following standards set by the International Association of Forensic Nurses (IAFN). SANE Council Standards of Practice (International Association of Forensic Nurses, 1996) and those sexual assault investigation standards are presently developed by the American Society for Testing and Materials (ASTM), Committee E-30 (1998).
Proceeding to the scene
Transport to the crime scene should be done in a safe and lawful manner, with team organization (such as the fixing of responsibility for scene security, scene search, witness interviews, and area check) decided in advance so that the typical confusion present at violent crime scenes will not be exacerbated by an arriving group of disorganized investigators.
Initial actions at the scene
On arrival at the scene of any violent crime, certain actions must be accomplished quickly and competently so as to gain control of the circumstances and the scene.
Note Time, Date, and Weather Conditions
Immediately on arrival, the investigator(s) should note the time, date, and weather conditions at the scene. This seemingly small detail may become important weeks or months later when alibis of potential suspects are checked and when testifying in court as to the sequence of events at the initiation of the investigation. Attorneys who call into question an investigator’s competence by exclaiming, “You mean you do not even remember what day it was?” have embarrassed investigators on the witness stand. Also, weather conditions may contribute to the cause or effect of the incident, and these possibilities may not be realized until some time after the results of the incident have been discovered.
Make Initial Observations of the Scene
Several assessments of a scene must be made simultaneously by arriving investigators to evaluate relative danger, scene scope, control of individuals at the scene, and the coordination of responsibilities.
Nature of Scene (Immediate Danger)
A rapid assessment of the condition of the scene should be made in order to rule out potential danger to the investigator(s) or others. Such dangers may include the presence of dangerous person(s), weather problems, toxic or otherwise dangerous gases or substances, seismic activity, electrical hazards, fire danger, potentially dangerous plants or animals, and possible avalanche, mudslide, or rock slide, or dangerous structures.
Suspects, Victims, and Witnesses
The identification of suspect(s), victim(s), and witnesses at the scene, if any, should immediately be made and decisions reached as to the treatment of each. As a minimum, suspect(s) and victim(s) should be separated and, when possible, witnesses should be separated from each other and interviewed separately so that one does not color another’s perception of an incident. As soon as a suspect meets the legal requirements for apprehension, that individual should be placed in police custody. Even though an individual at the scene does not appear, at the moment, to be a suspect, victim, or witness, complete identification (including address and telephone number) is still needed in the event there is a need to recontact that person in the future.
Police
All police officials present at the scene should be identified. If more than one law enforcement agency is present, it should be determined which has primary jurisdiction. The senior official present of the agency or office with primary jurisdiction will take charge of the scene. Often, a crime scene may share primary jurisdiction with several agencies, as when a sexually assaulted dead body is found and the body itself is the responsibility of the medical examiner’s investigator while the remainder of the scene is the responsibility of police investigators. In certain cases, specialized agencies may also share jurisdiction, such as the Drug Enforcement Administration (an assault in a drug trafficking case) or the state department of wildlife (an assault in a wild animal poaching case). In these circumstances, it is imperative that both senior officials work in an organized and coordinated way to ensure optimal identification, collection, and preservation of evidence. The senior individual representing the agency with primary jurisdiction at the scene must insist on inspecting the credentials (badges, photo identification, etc.) of other officially authorized persons seeking admission to the investigation or the scene. This inspection is especially important if the senior official does not personally know the individuals. Accordingly, the senior official must be familiar with the authorized credentials issued by other agencies.
Other Agencies
Often, individuals from agencies other than the police with an interest in the crime scene may be represented. Officially authorized agencies, such as coroner or medical examiner’s offices, public agency or contracted forensic nurses, emergency medical services, or public safety agencies (fire departments, environmental protection agencies, etc.), may have specific authority and jurisdiction for certain functions at the scene and must be coordinated and cooperated with to the benefit of all concerned. Agencies without official authorization but with an interest in the scene, such the news media, insurance companies, management or labor representatives, various activist/advocacy groups, and property owners, must be controlled and not permitted access to the scene. Such interest groups should be referred to the police public information officer or the chief of police for information and guidance. Often personnel from unauthorized agencies may use subterfuge or intimidation to gain access to a scene; such practices must be guarded against.
Assure Medical Aid
Any seriously injured or ill persons (at risk of loss of life or limb) at the scene must be provided immediate medical aid, regardless of the necessity to locate, recover, and preserve evidence. Minor illnesses or injuries may be treated at the expense of the loss of identification and recovery of evidence at the discretion of the senior law enforcement official with primary jurisdiction in coordination and consultation with healthcare professionals at the scene.
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