CHAPTER 83 COLLECTION and PRESERVATION of EVIDENCE DISCUSSION: This Chapter Addresses the Function of the Hattiesburg Police D
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CHAPTER 83 COLLECTION AND PRESERVATION OF EVIDENCE DISCUSSION: This chapter addresses the function of the Hattiesburg Police Department in collecting and preserving evidence. Often, in today's court environment, it is the evidence, its collection and storage that appears to be on trial rather than the defendant. This chapter provides tried and proven guidelines for the field officer and the seasoned investigator to insure that evidence is accepted by the court. This in turn strengthens the Justice System by allowing the court and/or jury to make a determination utilizing a complete set of facts. 83.1 ADMINISTRATION 83.1.1 Availability of a Crime Scene Investigator on a 24 Hour Basis A Criminal Investigator or trained crime scene investigator will be available on a twenty- four hour basis. In determining if a criminal investigator or a crime scene specialist is needed, the following sequence should be adhered to: B. If a crime scene or a potential crime scene is encountered, the responding officer should attempt to process the scene or collect evidence if he/she has the skills and equipment. If the officer feels that additional supplies/expertise is required, his/her immediate supervisor should be contacted. C. If, in the opinion of the supervisor, that a Criminal Investigator or Crime Scene Specialist is needed; the Criminal Investigator or Crime Scene Specialist who is either on duty or on call shall be notified and briefed on the situation. If a Criminal Investigator or Crime Scene Specialist is to be called after hours, the dispatcher will call the one assigned to that particular time. A list will be provided monthly to the dispatcher showing the call out list. D. The dispatcher will be provided with the names and after hour telephone numbers of the personnel assigned to the Metro Crime Scene Unit. 83.1.2 Collection of Evidence for Comparison Purposes The purpose of this section is to require that whenever possible, comparison materials and substances from known sources shall be collected. A. Examples of known comparison evidence appropriate for collection include: 1. Hairs 2. Fibers 3. Fabrics 4. Paint 5. Glass 6. Wood 7. Soil 8. Tool Marks 9. Tire wear / Foot Impressions 10. Blood Samples 11. Semen Samples 12. Safe Dust 13. Latent Fingerprints Evidence shall be collected, preserved, packaged and sealed as described in Section 83.2.1. 83.2 OPERATIONS 83.2.1 Collection, Processing, and Preservation of Physical Evidence The purpose of this section is to insure that a crime scene is processed in a systematic way and that the collection, processing, preservation and transportation of evidence are performed according to listed standards. A crime scene search is a planned, coordinated, legal search by competent law enforcement officials to locate physical evidence. In order to be effective a crime scene search should include the steps outlined in the paragraphs below. However, they need not be done in exactly this order since each crime scene varies and may require a different approach. A. It shall be the responsibility of the first responding officer to perform the following duties as appropriate and necessary for each particular crime scene: 1. Protect the scene from destruction, contamination and alteration. 2. Initially assume that everything within the crime scene is evidence. 3. Ensure that the perimeter of the crime scene is clearly and correctly marked. 4. Quickly identify transient evidence that may be lost due to the environment or by lapse of time. Examples of transient evidence may include: a. Odors: Such as air, food, perfumes, carbon dioxide, body, urine, smoke, etc. b. Temperature: Such as temperature in a room, a car hood or engine upon arrival, drinks, food, cadaver, etc. c. Imprints and Indentations: Such as wet footprints, tire marks on wet sand, etc. 5. Limit access to the crime scene to persons who have a legitimate purpose for being at the scene. A crime scene log should be started as soon as possible. (refer to section 83.2.5) Note: The date and time of initial arrival and condition of the scene at that time. C. If the responding officer has the time, expertise and equipment available to collect AOM-83- 2 evidence, an attempt should be made to process the scene. If additional equipment, expertise, manpower, are needed the officer's supervisor should be made aware of the situation and make those requests. D. Regardless of who processes the crime scene; responding officer, Criminal Investigator, or a Crime Scene Specialist, the following sequences should be followed when possible: 1. Approach the crime scene a. Consider personal safety b. Be alert for discarded evidence c. Make pertinent notes 2. Secure and protect the scene a. Determine perimeters and mark b. Determine main entry point to crime scene c. Document entry to/exit from crime scene with crime scene log. 3. Initiate initial survey: This is an organizational stage to plan the entire search a. Conduct a cautious walk through of the crime scene b. Acquire preliminary photographs c. Determine manpower and equipment needs and make specific assignments d. Make extensive notes to document scene physical and environmental conditions, assignments, movement of personnel, etc. Note: If a deceased human body is involved, that body cannot be moved or examined without first notifying the Coroner or his designee of the county in which the deceased is located. 4. Evaluate physical evidence possibilities a. Based on preliminary survey, establish evidence types most likely to be encountered. b. Insure that collection and packaging equipment is sufficient for task. A given scene may require special techniques: 5. Prepare narrative description a. Handwritten notes b. Videotape c. Photographs AOM-83- 3 d. Tape recording 6. Depict scene photographically a. 35 mm format b. Videotape c. Other formats as needed d. Begin photography as soon as possible. e. Document the photographic effort with a photographic log. f. Use recognized scale device for size determination (when applicable). Note: When a scale device is used, take a photo also without scale. g. Photograph evidence in place before moving or collecting. h. Consider feasibility of aerial photograph. 7. Prepare crime scene sketch a. A rough sketch is normally drawn at the scene, not drawn to scale. b. A rough sketch should contain sufficient measurements and detail to be used as a model for drawn-to-scale diagram, if necessary. 8. Conduct detailed search/record and collect physical evidence a. Use of specialized search pattern (e.g.: grid, spiral, strip, lane) is recommended when possible. b. Mark evidence locations on diagram / sketch. c. Complete evidence log with appropriate notations for each item of evidence. d. All evidence shall be packaged and sealed as described later in this section. e. If feasible, have one person as an evidence custodian, especially in cases involving large amounts of evidence. f. Do not excessively handle evidence after recovery. g. Be sure to collect "known" standards (ie, fiber sample from carpet). h. All items of evidence should be handled and collected one at a time to avoid contamination or to prevent contact with other pieces of evidence. i. Seal all evidence containers at the crime scene. All evidence seized should be marked for identification with the seizing officer's initials and date. If marking the AOM-83- 4 evidence would destroy the evidence or is not feasible because of space limitations, the evidence should be placed in the appropriate container, sealed, and marked (refer to section dealing with packaging). j. Insure that all evidence is seized in a legal manner. k. All evidence shall have an attached chain of custody form listing the following: (1) Victim's name, address and phone number (2) Suspects name, address and date of birth (if known) (3) Agency case number (4) Seizing officer's name (5) Date and time of collection (6) Detailed location of where evidence was seized (7) Detailed description of evidence Note: On custody transfer of evidence, the evidence sheet shall be signed so as to maintain a record of the chain of custody. A written report or transmittal sheet shall be prepared if the transfer is made to an individual or organization or laboratory outside of this department. l. Any member involved in processing all or part of a crime scene shall prepare a full report. 9. Conduct final survey a. This survey is a critical review of all aspects of the search. b. Discuss search jointly with all personnel for completeness. c. Double-check all paperwork and documentation. d. Insure that photographs or video tape is taken of scene showing final condition after completion of search. e. Check to insure that all evidence is accounted for before leaving the scene. f. Insure that all equipment used in the search is gathered. Note: Make sure that you have gone far enough in the search for evidence, documented all essential things and made no assumptions. 10. Release crime scene. When releasing the crime scene, the following things should be noted: a. Date and time of release. AOM-83- 5 b. To whom the scene was released. c. If the scene was not released to a person, how was it secured? Note: Release the scene with the notion that there is only one chance to perform the job correctly and completely. d. The following procedures should be followed in the collection, identification, preservation and packaging of evidence. Note: Upon completion of packaging and sealing, a chain of evidence form shall be filled out and attached to the evidence. All biological evidence, once properly collected and packaged, should be refrigerated during storage and transporting to the laboratory. All other evidence, unless otherwise instructed, should be packaged in paper to allow the evidence to breathe.