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<b>The Art and Science of Criminal Investigation</H3></b>
<BR>
<h2>PROTECTING THE CRIME SCENE</h2>
<BR>
By
<BR>
D.H. Garrison, Jr.<BR> Forensic Services Unit<BR> Grand Rapids, Michigan,
Police Department
<BR><BR>
<I>This Article Originally Appeared in the FBI Law Enforcement Bulletin,
September 1994.</I>
<P>
Ask crime scene technicians to name the biggest problem that they encounter
on the job and you will consistently hear the same response--crime scene
contamination by curious officers, detectives, and supervisors. Whether called
evidence technicians, identification bureau officers, or laboratory specialists,
either civilian or sworn, most personnel responsible for the processing of
crime scene evidence find the same problems repeated by the same
"offenders."<SUP>1 </SUP>The unintentional contamination of crime scenes
appears to be a problem that will not go away without written departmental
policies reinforced by a strong foundation in training.
<BR><BR>
<B>JUST LIKE TELEVISION</B>
<P>
Very early in their careers, most law enforcement officers realize that the
police work they see depicted on television and in the movies bears little
resemblance to their jobs. It is something of an anomaly, therefore, that
many of these same officers seem to believe that crime scene work should
be performed as it is on the screen--murder scenes filled with loitering
blue uniforms and multitudes of detectives hovering over bodies, with crime
scene personnel appearing just long enough to snap an occasional picture
or to dust a piece of furniture for fingerprints. Officers who work under
this misconception do not seem to understand that a crime scene is no place
for a crowd.
<BR><BR>
<B>LOST EVIDENCE, LOST OPPORTUNITIES </B>
<P>
Widespread trampling of crime scenes can prove very damaging to investigations.
Often, it results in several of the more sensitive forensic techniques--such
as trace analysis, bloodspatter interpretation, and DNA comparison--not being
used to their fullest potential. Crime scene technicians know the futility
of collecting hair or fiber samples after a roomful of officers have shed
all over the scene. Footwear and tire track evidence is rarely recognized
as valuable in departments where officers routinely wander unimpeded through
crime scenes.<SUP>2</SUP> On occasion, this can seriously hamper
investigations.
<P>
Not long ago, a sheriff's department was forced to conduct a mass fingerprinting
of its detective unit after a particularly sensational homicide crime scene
became overrun with curious personnel. Considerable time and effort went
into eliminating officers' fingerprints from the pool of legitimate prints.
In another case involving a different agency, a set of crime scene photographs
showed supervisory personnel standing on a blood-soaked carpet.
<P>
When the integrity of fingerprints and shoeprints is jeopardized, it is time
for agencies to rethink their approach to crime scene work. While departments
have tried artificial means of scene protection--such as having visitors
sign release forms agreeing to provide elimination fingerprints, hair samples,
and semen specimens, or establishing two-perimeter crime scenes (the inner
perimeter reserved for real forensic work)--these responses are mere salves
for a problem that demands more meaningful attention.<SUP>3</SUP>
<BR><BR>
<B>SETTING AN EXAMPLE </B>
<P>
The role of detectives and supervisors in protecting crime scenes cannot
be overstressed. These individuals ultimately are responsible for an
investigation. Investigators who conscientiously limit the number of visitors
to a crime scene ultimately may save themselves a great deal of legwork.
<P>
The simplest and most productive way for supervisors and detectives to discourage
crime scene contamination is to set a good example by their own behavior.
If a lieutenant walks around a crime scene at will, opening drawers and rifling
through closets, what could be the harm in other officers doing the same?
If a detective sergeant fails to implement a sign-in log for scene visitors,
what is there to limit "drop in" visits by curious patrol officers? It is
in the best interests of case investigators to set a good example and to
make sure others follow it.
<P>
To further enhance the protection of evidence, police administrators should
draft and enforce a written policy regarding crime scene protection and
preservation. The policy not only must be clear but also must carry the same
weight as any other departmental rule. Police administrators should not tolerate
curiosity as an excuse for unchecked visits to the scene of a crime.
Administrators, perhaps in conjunction with the local prosecutor's office,
should write and enforce the rules, and like supervisors and investigators,
set an example by their own behavior.<SUP>4</SUP>
<P>
Prosecutors who have lost cases due to crime scene contamination could be
an invaluable source of ideas in the formation of policy. Likewise,
administrators should take advantage of the technical knowledge of laboratory
and crime scene specialists when formulating the department's policy.
<BR><BR>
<B>WRITTEN POLICY </B>
<P>
The primary responsibilities of initial responders to a crime are to preserve
life and to control suspects and witnesses. Then, shifting their focus somewhat,
responding officers must take steps to preserve the integrity of the scene's
physical boundaries. While this may not be a problem for those officers who
were once taught the importance of protecting crime scenes, others--including
supervisors, media relations personnel, and administrators--sometimes have
trouble leaving well enough alone at a crime scene. <SUP>5</SUP>
<P>
A department's written policy should provide a uniform procedure to restrict
unnecessary access to crime scenes. A crime scene policy should contain the
following elements:
<UL>
<LI>
The officer assigned to the crime scene's main entry must log in all visitors,
including name, rank, stated purpose, and arrival and departure times. Absolutely
no undocumented visitors should be allowed in the crime scene area
<LI>
Every officer at the scene must complete a standard report describing their
involvement and their specific actions while at the scene
<LI>
All visitors must make available any requested exemplar (hair, blood, shoeprints,
fingerprints, etc.) for elimination purposes
<LI>
The highest ranking officer entering a crime scene must assume responsibility
for all subsequent visitors to the scene.
</UL>
<P>
This final element means that any supervisory officer who visits the scene
to "have a look around" must stay at the site until either the crime scene
technicians finish their work or a higher ranking officer arrives. Needless
to say, this simple requirement goes a long way to discourage pointless tourism.
<P>
An officer attempting to secure a crime scene who finds the post regularly
overrun by curious commanders must have the means to protect the scene, enforce
department rules, and deal with superior officers. This is often a difficult
balancing act. A clearly-written, well-enforced policy helps to level the
playing field.
<BR><BR>
<B>ADDRESSING FUTURE PROBLEMS </B>
<P>
In addition to a clearly defined written policy, departments should also
address the problem of crime scene contamination by instructing new officers
to follow approved practices. This is best accomplished during basic academy
instruction by having crime scene specialists discuss the department's policy
and the importance of protecting forensic evidence. As more officers become
trained in proper practices, the risk of future crime scene contamination
steadily diminishes.
<BR><BR>
<B>CONCLUSION </B>
<P>
Crime scenes often yield forensic evidence that leads to the apprehension
of dangerous criminals. Perhaps just as often, though, potentially valuable
evidence is destroyed or rendered useless by careless behavior at the crime
scene. Clearly written directives and training for new officers in this area
will help agencies to resolve the problem. However, the ultimate responsibility
rests with administrators, supervisors, and detectives to reinforce positive
conduct by setting a good example for other officers to follow.
<BR><BR>
<B>ENDNOTES </B>
<OL>
<LI>
R. Saferstein, Criminalistics: An Introduction to Forensic Science, 2d ed.
(Englewood Cliffs, New Jersey: Prentice-Hall, 1981), 31-32.
<LI>
W. Bodziak, Footwear Impression Evidence (New York: Elsevier, 1990), 16-17.
<LI>
L. Eliopulos, Death Investigator's Handbook: A Field Guide to Crime Scene
Processing, Forensic Evaluations, and Investigative Techniques (Boulder,
Colorado: Paladin, 1993), 2.
<LI>
V. Geberth, Practical Homicide Investigation (New York: Elsevier, 1983),
21.
<LI>
J. Peterson, S. Mihajlovic, and M. Gilliland, Forensic Evidence and the Police:
The Effects of Scientific Evidence on Criminal Investigations, National Institute
of Justice Research Report, Washington, DC, U.S. Government Printing Office,
1984, 46.
</OL>
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<I>While the information presented here is from reliable sources, there is no substitute for training or personal experience. Before utilizing any technique described here, be sure and check your local regulations and procedures. If you are in doubt as to which technique to use or how to apply it, contact an expert in the field in question.</I>
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