Fire Investigator Refresher Evidence Collection

OBJECTIVES: To learn what is or might be evidenceTo learn what is or might be evidence Learn how to document and/or collect evidenceLearn how to document and/or collect evidence Learn which evidence containers are used for the evidence you will be collectingLearn which evidence containers are used for the evidence you will be collecting Learn storage requirementsLearn storage requirements “Evidence Log” and “Chain of Custody”“Evidence Log” and “Chain of Custody” WSP Crime Lab submission proceduresWSP Crime Lab submission procedures

What is “Evidence” ? It can be items physically collected at the scene It can be items photographed at the scene It can be witness statements and testimony It can be your scene sketch, diagram, and field notes It can be as small as a hair or as large as a log truck

“Locard’s Principle Theory “Mutual Exchange” Every time there is a contact, there is an exchange. It may be fibers, impressions, fingerprints, tool marks, etc.

Investigator’s Hypothesis Your educated guess as to what happened based on the facts and evidence available at the time. This will be re-assessed continually throughout the investigation and changed if new information surfaces.

Legal ways for you to collect evidence By RCW DNR is required to investigate all wildfires. You can collect evidence during IA or your initial investigation With a search warrant (After IA or your initial investigation) With landowner and/or suspects consent to search Evidence collected outside of these criteria will be inadmissible.

Exclusionary Rule “Fruit of the poisonous tree” Any evidence collected in violation of the Fourth Amendment will be inadmissible Any evidence, statements, or confessions collected after the illegal act will also be inadmissible

Plain View You can see the items, You have Probable Cause to believe it is evidence, And have lawful access to it (i.e. During your initial investigation or IA) Search warrants or consent are not needed for plain view items

Open View You can see item, have PC to believe it’s evidence; however you did not have lawful access to it. You must: 1.Get a search warrant 2.Get consent 3.Show “Exigent Circumstances” 4.You should call L.E. for assistance if this becomes an issue

Consent Searches Person giving consent must have control over property. Person must “Knowingly, Intelligently, and Voluntarily” give you consent to search They may limit the areas and scope of your search They can revoke the consent at any time Try to obtain written consent as the “Illegal Search” will probably come up later

Most Common Types of Wildfire Evidence Sketches Photographs Ignition items or devices Soil samples (Test area and control) Shoe impressions Tire Impressions Statements

Collecting Items 1.Photograph Item thoroughly (Remember to take overall photos to show location) 2.Indicate photo position on sketch 3.Make sure you have the proper evidence container ready (Refer to WSP Manual) 4.Use gloves if fingerprints are to be taken 5.Keep a log of each item and number it 6.Seal the bag and initial. 7.Use the DNR evidence labels 8.REMEMBER THE “CHAIN OF CUSTODY!!”

Paper Bags Use for damp items Fingerprints Many sizes available Not for accelerants

Plastic Bags Seals well DO NOT USE for damp or wet items (DRY THEM FIRST) Not for accelerants

Boxes Use for large or irregularly shaped items. Many sizes available Do not use for accelerants

Glass Jars Use for collecting accelerant or soil samples Place into box and pad them to prevent breakage Remember to use a new collection device for each sample taken Freeze soil samples immediately

Metal Cans Use for soil collecting Can be used for accelerant samples too (Glass preferred) Seal lid with a high quality tape Freeze soil samples immediately Remember to always collect a “Control” sample for EACH soil test site !!!

Plastic Totes Can be used for odd- sized or shaped items Many sizes are available Do not use for accelerants Dry items first

Plaster Photograph items first Use fixative on dusty surfaces Use for tire and shoe impressions Allow 2 or more hours for drying Note what type was used on evidence tag

Dental Stone Dries Underwater !! More detailed than standard plaster Dries in minutes Very expensive We don’t have any readily available Photograph first Note on evidence tag

Mikrosil Used for detailed castings of tool marks Capable of casting ink on paper Consider it if the suspects cut a lock off or pried something open Note type on evidence log

Accelerant Testing & Finger Printing

Accelerant Results

Example of a complete kit

Evidence Tape Use “Evidence Tape” only to seal the item Initial across the tape and onto the evidence container Use a permanent marker or paint pen

Consider using a piece of lined paper as your scale item will have to be submitted as evidence

Fire Weather Can Also Be Evidence

Maps & Sketches can also become evidence items as they document the geographical location of the incident as well as document where evidentiary items were found.

Picture from surveillance video at a suspicious fire origin The original surveillance video tape will now become “Evidence”

If in doubt Collect it using the proper technique and container !!!