LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 1 of 14

I. INTRODUCTION

A. Purpose: To establish policy and procedures for the location, collection, identification, storage, examination, and arrangement for testing of physical evidence, by members of the Bureau of Fire Investigations - Bomb Squad.

B. Scope: This policy applies to all members of the Bureau of Fire Investigations - Bomb Squad (including acting personnel while in acting status) who are tasked with handling physical evidence.

C. Author: The Deputy Chief - Fire Marshal through the Supervisor of Fire Investigations - Bomb Squad Commander and the Deputy Fire Chief of Administration shall be responsible for the content, revision, and annual review of this section.

D. Definitions:

1. Physical Evidence: Any physical or tangible item that tends to prove or disprove a particular fact or issue. Physical evidence at the scene of a fire or explosion may be relevant to the issues of the origin, cause, progression, or the responsibility for the fire or explosion.

2. Chain of Custody: A record of the possession and location of an item of physical evidence, intended to document the security and integrity of such evidence from the time of its initial discovery and collection to its subsequent presentation in a court of law.

II. RESPONSIBILITY

A. All personnel of the Bureau of Fire Investigations - Bomb Squad who handle physical evidence are responsible for compliance with this policy.

B. The Supervisor of Fire Investigations - Bomb Squad Commander is responsible for reviewing the handling of such evidence to ensure compliance with this policy. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 2 of 14

III. POLICY

A. General

1. It is the policy of the Las Vegas Fire Department that the handling of physical evidence be done in accordance with accepted standards, utilizing procedures that will withstand legal scrutiny in courts of law.

2. During the course of the investigation of any fire or explosion, the investigator is likely to be responsible for locating, collecting, identifying, storing, examining, and arranging for the testing of physical evidence. The investigator must be thoroughly familiar with the recommended and accepted methods of processing such physical evidence.

3. The decision on what physical evidence to collect at the incident scene for submission to a laboratory or other testing facility for examination and testing, or for support of a fact or opinion, rests with the investigator. This decision may be based on a variety of considerations such as the scope of the investigation, legal requirements, or prohibition. Additional evidence may also be collected by other investigators, insurance company representatives, manufacturers’ representatives, owners, and occupants.

B. Comparison Samples

1. When collecting physical evidence for examination and testing, it is often necessary to also collect comparison samples.

2. The collection of comparison samples is especially important when collecting materials that are believed to contain liquid or solid accelerant. For example, the comparison sample for physical evidence consisting of a piece of carpeting believed to contain a liquid accelerant would be a piece of the same carpeting that does not contain any of the liquid accelerant. Comparison samples allow the laboratory to evaluate the possible contributions of volatile pyrolysis products to the analysis and also to estimate the flammability properties of the normal fuel present. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 3 of 14

3. If mechanical or electrical equipment is suspected in the fire ignition, similar equipment may be identified or collected as a comparison sample.

C. Preservation of the Scene

1. The scene itself should be considered evidence because the examination and analysis of that scene is vitally important in determining the origin, cause, and responsibility for the fire or explosion. The preservation of the scene should begin with arriving police and fire units. Improper preservation of the scene will usually result in the contamination, loss, or unnecessary movement of other physical evidence within that scene, any one of which may reduce the evidentiary value of the physical evidence. The investigator should, therefore, secure the scene from unauthorized intrusions. Access to the scene should be limited to only those persons who need to be there.

2. Fire crews should avoid causing unnecessary damage when using straight stream hose lines, pulling ceilings, breaking windows, collapsing walls, and performing overhaul and salvage. Use of power tools and gasoline-or-diesel-powered equipment should be carefully monitored to guard against spillage, and refueling of any equipment should be done outside the building.

D. Preservation of Physical Evidence

1. The investigator will usually locate specific items of physical evidence within the scene. The movement of such physical evidence should be avoided whenever possible until it has been properly documented.

2. Often, it will be necessary for the investigator to preserve and protect specific items of physical evidence. Burn patterns on the floor, for example, may have to be roped off or covered with a tarp to prevent them from being walked on. Other types of evidence may have to be covered with a trash can, box, etc., to protect it. Whatever type of physical evidence is encountered, the investigator should take every reasonable precaution to preserve and protect it. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 4 of 14

E. Contamination of Physical Evidence

1. Contamination of physical evidence can occur from improper methods of collection, storage, or shipment. Like improper preservation of the scene, any contamination of physical evidence may reduce the evidentiary value of the physical evidence.

F. Contamination of Evidence Containers

1. Often, physical evidence becomes contaminated through the use of contaminated evidence containers. The investigator should take every reasonable precaution to ensure that new and uncontaminated evidence containers are stored separately from used containers or contaminated areas.

G. Contamination During Collection

1. Most contamination of physical evidence occurs during its collection. This is especially true during the collection of liquid and solid accelerant evidence. The liquid and solid accelerant may be absorbed by the investigator’s gloves or may be transferred onto the collection tools and instruments.

2. Avoiding cross-contamination of any subsequent physical evidence, therefore, becomes critical to the investigator. To prevent such cross- contamination, the investigator should wear disposable plastic gloves during collection of liquid or solid accelerant evidence. New gloves should always be used during the collection of each subsequent item of liquid or solid accelerant evidence.

3. An alternative method to limit contamination during collection is to utilize the evidence container itself as the collection tool. For example, the lid of a metal can may be used to scoop the physical evidence into the can, thereby eliminating any cross-contamination from the investigator’s hands, gloves or tools. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 5 of 14

4. Likewise, any collection tools or overhaul equipment such as brooms, shovels, or squeegees utilized by the investigator need to be thoroughly cleaned between the collection of each item of liquid or solid accelerant evidence to prevent similar cross-contamination. The investigator should not use waterless or other types of cleaners that may contain volatile solvents.

H. Methods of Collection

1. The collection of physical evidence is an integral part of a properly conducted investigation. The method of the collection of the physical evidence is determined by many factors, including:

a) Physical State - whether the physical evidence is a solid, liquid, or gas. b) Physical Characteristics - the size, shape, and weight of the physical evidence. c) Fragility - how easily the physical evidence may be broken, damaged, or altered. d) Volatility - how easily the physical evidence may evaporate.

2. Regardless of which method of collection is employed, the investigator should be guided by the policies and procedures of the laboratory that will examine or test the physical evidence.

I. Documenting the Collection of Physical Evidence

1. Physical evidence should be thoroughly documented before it is moved. This documentation can best be accomplished through field notes, written reports, sketches, and diagrams with accurate measurements and photography. The diagramming and photography should always be accomplished before the physical evidence is moved or disturbed. The investigator should maintain a list of all evidence removed and who removed it. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 6 of 14

2. The purpose of such documentation is twofold. First, the documentation should assist the investigator in establishing the origin of the physical evidence, including not only its location at the time of discovery, but also its condition and relationship to the investigation. Secondly, the documentation should also assist the investigator in establishing that the physical evidence has not been contaminated or altered.

J. Collection of Traditional Forensic Physical Evidence

1. Traditional forensic physical evidence includes, but is not limited to, finger and palm prints, bodily fluids such as blood and saliva, hair and fibers, footwear impressions, tool marks, soils and sand, woods and sawdust, glass, paint, metals, handwriting, questioned documents, and general types of trace evidence.

2. The recommended methods of collection of such traditional forensic physical evidence vary greatly. The investigator should consult with the forensic laboratory that will examine or test the physical evidence, or leave the collection of such evidence to the trained criminalist.

K. Collection of Evidence for Accelerant Testing

1. An accelerant is any agent, often an ignitable liquid, used to initiate or speed the spread of fire. An accelerant may be found in any state: gas, liquid, or solid.

2. Liquid accelerants have unique characteristics that are directly related to their collection as physical evidence. These characteristics include the following:

a) Liquid accelerants are readily absorbed by most structural components, interior furnishings, and other fire debris. b) Generally, liquid accelerants float when in contact with water (alcohol is a noted exception). c) Liquid accelerants have remarkable persistence (survivability) when trapped within porous material. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 7 of 14

L. Collection of Liquid Samples for Accelerant Testing

1. When a possible liquid accelerant is found in liquid state, it can easily be collected using any one of a variety of methods. Whichever method is employed, however, the investigator must be certain the evidence does not become contaminated.

2. If readily accessible, the liquid accelerant may be collected with a new syringe, eye dropper, pipette, siphoning device, or the evidence container itself. Sterile cotton balls or gauze pads may also be used to absorb the liquid. The cotton balls or gauze pads must then be sealed in an airtight container and submitted to the laboratory for examination and testing.

M. Collection of Liquid Evidence Absorbed by Solid Materials

1. Often, liquid accelerant evidence may be found only if the liquid accelerant has been absorbed by solid materials, including soils and sand. This method of collection merely involves the collection of these solid materials with their absorbed contents. The collection of these materials may be accomplished by scooping them with the evidence container itself or by cutting, sawing, or scraping. Raw, unsealed, or sawed edges, ends, nail holes, cracks, knotholes, and other similar areas of wood, plaster, sheetrock, mortar, or even concrete are particularly good areas to sample. If deep penetration is suspected, the entire cross section of material should be removed and preserved for laboratory examination.

2. In those situations where liquid accelerants are believed to have become trapped in porous material such as a concrete floor, the investigator may use absorbent materials such as lime, diatomaceous earth, or non-self-rising flour. This method of collection involves spreading the absorbent medium onto the concrete surface, allowing it to stand for 20 to 30 minutes, and securing it in a clean airtight container. The investigator should be careful to use clean tools and containers for the recovery, since the absorbent medium is easily contaminated. A comparison sample of the unused absorbent medium should be preserved separately. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 8 of 14

N. Collection of Solid Samples for Accelerant Testing

1. Solid accelerants may be common household materials and compounds or dangerous chemicals. When collecting solid accelerant evidence, the investigator must ensure that the solid accelerant evidence is maintained in the physical state in which it was found. Since some incendiary materials remain corrosive or reactive, care must be taken to ensure that the nature of these residues does not attack the container material. In addition, such materials should be handled carefully by personnel, for their own safety.

O. Collection of Gaseous Samples

1. During certain types of fire and explosion investigations, especially those involving fuel gases, it may be necessary for the investigator to collect a gaseous sample. The collection of gaseous samples may be accomplished by several methods.

2. The best field-expedient method, not involving specialized equipment, of collecting gaseous samples, employs the use of a clean glass bottle filled with distilled water. Distilled water is utilized because it has had most of the impurities removed from it. This method simply requires that the investigator pour the distilled water out of its bottle in the atmosphere to be sampled. As the distilled water leaves the bottle, it is replaced by the gaseous sample. The bottle is then tightly capped, and the sample has been obtained.

P. Collection of Electrical Equipment and Components

1. Before attempting to collect electrical equipment or components, the investigator should verify that all sources of electricity are off or disconnected. Electrical equipment and components are collected if necessary to assist the investigator in determining whether or not the component was related to the cause of the fire. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 9 of 14

2. Electrical components, after being involved in a fire, may become brittle and subject to damage if mishandled. Therefore, methods and procedures used in collection, must preserve as much as practical, the condition in which the physical evidence was found. Before any electrical component is collected as evidence, it should be thoroughly documented, including being photographed and diagrammed. Electrical wiring can usually be easily cut and removed. This type of evidence may consist of a short piece, a severed or melted end, or it might be a much longer piece, including an unburned section where the insulation is still intact. The investigator should collect the longest section of wiring practicable so that any remaining insulation can also be examined. Before wires are cut, a photograph should be taken of the wire(s), and then both ends of the wire should be tagged and cut so that they can be identified as to:

a) The device or appliance to which it was attached or from which it was severed. b) The circuit breaker or fuse number or location to which the wire was attached or from which it was severed. c) The wire’s path or the route it took between the device and the circuit protector.

3. Electrical switches, receptacles, thermostats, relays, junction boxes, distribution panels, and similar equipment and components are often collected as evidence. It is recommended that these types of electrical evidence be removed intact, in the condition in which they were found. If the investigator is unfamiliar with the equipment, he or she should obtain assistance from someone knowledgeable regarding the equipment prior to removal or disassembly to prevent damage to the equipment or components.

Q. Evidence Containers

1. Once collected, physical evidence should be placed and stored in an appropriate evidence container. Like the collection of physical evidence itself, the selection of an appropriate evidence container also depends on the physical state, physical characteristics, fragility, and volatility of the physical evidence. The evidence container should preserve the integrity of the evidence and prevent any change to, or contamination of, the evidence. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 10 of 14

2. Evidence containers may be common items such as envelopes, paper bags, plastic bags, glass containers, or metal cans, or they may be containers specifically designed for certain types of physical evidence. The investigator’s selection of an appropriate evidence container should be guided by the policies and procedures of the laboratory that will examine or test the physical evidence or the use to which the evidence will be subjected.

R. Metal Cans

1. The recommended container for the collection of liquid and solid accelerant evidence is an unused, unlined metal can. It is important that the can be unlined, as the common lacquer linings in some cans may cause erroneous test results during laboratory examination of the physical evidence contained in such cans. In order to allow space for vapor samples to be taken during such examination and testing, the can should not be more than two-thirds full.

S. Glass Jars

1. Glass jars can also be used for the collection of liquid and solid accelerant evidence. It is important that the jars not have glued cap liners or rubber seals. The glue often contains traces of solvent that can contaminate the sample, and rubber seals can soften or even dissolve in the presence of accelerant vapors, allowing leakage. In order to allow space for vapor samples to be taken during examination and testing, the glass jar should not be more than two-thirds full.

T. Plastic Bags

1. Common plastic bags may have a chemical composition that may cause erroneous test results during laboratory examination of the physical evidence contained in such bags. Therefore, common plastic bags should not normally be used for the collection of liquid and solid accelerant evidence. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 11 of 14

U. Chain of Custody of Evidence

1. The value of physical evidence entirely depends on the investigator’s efforts to maintain the security and integrity of that physical evidence from the time of the initial discovery and collection, through its subsequent examination and testing, and presentation in court. At all times after its discovery and collection, physical evidence should be stored in a secured location that is designed and designated for this purpose. Access to the storage location must be limited in order to limit the chain of custody to as few persons as possible. Wherever possible, the desired storage location is one that is under the sole control of the investigator.

2. When it is necessary to pass chain of custody from one person to another, this should be done using a form on which the receiving person signs for the physical evidence.

V. Disposition of Evidence

1. The investigator is often faced with disposing of evidence after an investigation has been completed. The investigator should not destroy or discard evidence until proper authorization is received. Circumstances may require that evidence be retained for many years and ultimately may be returned to the owner. Criminal cases require that the evidence be retained until the case is adjudicated. During the trial, evidence such as reports, photographs, diagrams, and items of physical evidence will become part of the court record and will be kept by the court. Volatile or large physical items may be returned to the investigator by the court. There may be other evidence still in the investigator’s possession that was not used in the trial. Once all appeals have been exhausted, the investigator may petition the court to either destroy or distribute the evidence accordingly. A written record of the authorization to dispose of the evidence should be kept. The investigator should be mindful of potential civil cases resulting from the incident. This may require retention of the evidence beyond the criminal proceedings or the transfer of possession of the evidence to one or more parties to the civil proceedings. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 12 of 14

IV. PROCEDURES

A. An Evidence Impound Report will be completed whenever evidence is impounded.

B. An investigator who locates any item of physical evidence will be responsible for properly packaging, documenting, and securing such evidence.

C. Where possible, physical evidence will be photographed in place prior to collection.

D. Each individual item of evidence that is impounded must be marked by the finding investigator with his/her first initial, P Number, and last initial (Example: S9120V). If space permits, include the date. The marking of the item of evidence must be done with a pen or scribe that will leave a permanent marking on the item, with the following exceptions:

1. If the nature of the item(s) of physical evidence makes marking impossible or impractical, such as would be the case with a container of burned, wet fire debris, the container itself will be marked. 2. An item of physical evidence will not be marked if the intrinsic or real value would be damaged by such marking. 3. Items of evidence having a factory serial number permanently affixed or engraved thereon will not be marked. The factory serial number will be recorded on the Evidence Impound Report.

E. Place the evidence in the appropriate size evidence bag or envelope after completely filling out the pertinent spaces regarding the item(s) on the bag or envelope. Multiple items of evidence from a single scene may be placed in the same bag or envelope, with the following exceptions:

1. Items of evidence which will undergo forensic laboratory analysis will not be packaged with items which will not undergo such analysis. 2. Items of evidence which will undergo fingerprint processing will not be packaged with items which will not undergo such processing, or with items which will undergo forensic laboratory analysis. 3. Items of evidence which could contaminate other items of evidence, or contaminate comparison samples, will be packaged separately. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

Reviewed Date: 07/12/04 Supersedes: 02/01/01 SOP 600.85 Page 13 of 14

F. If the top of the evidence bag or envelope cannot be properly closed and secured, use additional container(s). Those items that are too large to fit in standard evidence packaging will be tagged with evidence tags.

G. All items recovered from a single scene will be numbered consecutively even though they may be contained in multiple packages, for example:

Correct: Package No. 1, Items 1 and 2. Package No. 2, Items 3 and 4.

Incorrect: Package No. 1, Items 1 and 2. Package No. 2, Items 1 and 2.

H. Evidence seals are to be affixed to every package containing items of evidence. If multiple items are contained in a package, only the outer package needs to be sealed with an evidence seal.

I. Evidence seals will be marked with the investigator’s first initial, P Number, and last initial (S9120V), the date the evidence was recovered, and either the LVFD Incident Number or LVMPD Event Number.

J. Evidence bags will be folded and stapled across the top or open end. The resulting flap will then be sealed with evidence seal tape, marked as noted.

K. On small evidence envelopes, a strip of evidence tape, marked as noted, will be placed across the flap and the end of the tie-string; not across the wound portion of the tie-string.

L. Evidence which has been properly documented and packaged may be placed in the evidence locker located in the Bureau of Fire Investigations - Bomb Squad offices for short-term storage only. As soon as possible, evidence will be deposited as follows:

1. Evidence which will undergo forensic laboratory analysis or latent fingerprint processing/comparison will be deposited at the LVMPD Evidence Vault. 2. Evidence which will not undergo such examination/analysis, or which has already undergone such examination/analysis, will be deposited at the LVFD Evidence Vault. 3. Evidence consisting of explosive materials will be deposited at the LVFD Explosives Bunker. LAS VEGAS FIRE & RESCUE STANDARD OPERATING PROCEDURES FIRE INVESTIGATIONS - BOMB EVIDENCE PROCEDURES SQUAD

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M. Evidence which may be contaminated with body fluids will be placed in plastic bags after being air-dried. The plastic bags will be packaged in standard evidence bags, which will bear red “BIOHAZARD” stickers in addition to evidence seals.

N. It is vital that the chain of custody of all evidence be documented. All releases, transfers, and other changes of custody will be recorded on the Evidence Impound Report and in the spaces provided on the evidence package.