FIREFIGHTER II LESSON 17

STEPS IN FIRE CAUSE DETERMINATION Noting, protecting, reporting evidence Noting, protecting, reporting evidence Analyzing evidence to determine fire cause Analyzing evidence to determine fire cause Properly documenting entire process Properly documenting entire process TS 17–1

ROLES IN FIRE CAUSE DETERMINATION Firefighter Firefighter  Conducting scene size-up  Noting, protecting, and reporting evidence  Documenting fire cause determination process Fire chief/fire investigator Fire chief/fire investigator  Analyzing evidence to determine fire cause  Documenting fire cause determination process  Conducting an interview with a suspected arsonist TS 17–2a

ROLES IN FIRE CAUSE DETERMINATION (cont.) First arriving CO or IC First arriving CO or IC — Filing fire report Fire chief Fire chief — Assuming ultimate legal responsibility for fire cause determination TS 17–2b

FIREFIGHTER SCENE SIZE-UP QUESTIONS Are the contents of the rooms as they normally would be? Are the contents of the rooms as they normally would be? Are the rooms either ransacked or unusually bare? Are the rooms either ransacked or unusually bare? Are the doors and windows locked or open? Are the doors and windows locked or open? Is there evidence of forced entry prior to the arrival of firefighters? Is there evidence of forced entry prior to the arrival of firefighters? Are there indications of unusual fire behavior or more than one area of origin? Are there indications of unusual fire behavior or more than one area of origin? Are vehicles or people present in the area? Are vehicles or people present in the area? TS 17–3

FIREFIGHTER CONDUCT & STATEMENTS AT THE SCENE Statements of accusation, personal opinion, and probable cause should be made only to the fire investigator. Statements of accusation, personal opinion, and probable cause should be made only to the fire investigator. Firefighters should never prematurely announce fire cause or make statements in jest at the scene; they may be overheard and reported to the public as fact, embarrassing the fire department and hampering the legal process. Firefighters should never prematurely announce fire cause or make statements in jest at the scene; they may be overheard and reported to the public as fact, embarrassing the fire department and hampering the legal process. A sufficient reply to any question concerning fire cause is: “The fire is under investigation.” A sufficient reply to any question concerning fire cause is: “The fire is under investigation.” TS 17–4

SECURING THE SCENE Guard premises and keep under fire department control until fire investigator gathers and evaluates all evidence. Guard premises and keep under fire department control until fire investigator gathers and evaluates all evidence. Mark, tag, and photograph all evidence before the last firefighter leaves the scene. Mark, tag, and photograph all evidence before the last firefighter leaves the scene. Have personnel trained in evidence collection and preservation secure the scene whenever possible. Have personnel trained in evidence collection and preservation secure the scene whenever possible. Know that fire department authority ends as soon as last fire department representative leaves the scene. Know that fire department authority ends as soon as last fire department representative leaves the scene. TS 17–5a

SECURING THE SCENE (cont.) After the scene is secured, allow no one to enter the premises unless accompanied by an authorized individual. After the scene is secured, allow no one to enter the premises unless accompanied by an authorized individual. When a person is authorized to enter the premises, record in the entry log the person’s name, times of entry and departure, and a description of any items taken from the scene. When a person is authorized to enter the premises, record in the entry log the person’s name, times of entry and departure, and a description of any items taken from the scene. TS 17–5b

FIRE SCENE LEGAL CONSIDERATIONS Know that Michigan vs. Tyler, (1978) resulted in requiring firefighters to obtain a search warrant before returning to an incident scene. Know that Michigan vs. Tyler, (1978) resulted in requiring firefighters to obtain a search warrant before returning to an incident scene. Note: To leave the premises, return later without a search warrant, and make a search might be enough to overturn a conviction or make prosecution impossible. TS 17–6a

FIRE SCENE LEGAL CONSIDERATIONS (cont.) Know the recommended departmental action for the Michigan vs. Tyler decision: Know the recommended departmental action for the Michigan vs. Tyler decision:  Leave someone on the premises if there is incendiary evidence.  Learn the legal opinions that affect its jurisdiction in this regard.  Develop SOPs around these legal opinions. TS 17–6b

PROTECTING & PRESERVING EVIDENCE Jurisdiction SOPs Jurisdiction SOPs  Procedures  Who is authorized Tagging and packaging evidence Tagging and packaging evidence TS 17–7

TAGGING & PACKAGING EVIDENCE GUIDELINES Leave potential evidence found on site untouched and undisturbed and provide security for the area. Leave potential evidence found on site untouched and undisturbed and provide security for the area. Gather and handle physical evidence only if it is absolutely necessary to preserve the evidence. Gather and handle physical evidence only if it is absolutely necessary to preserve the evidence. Accurately document all actions taken as soon as possible. Accurately document all actions taken as soon as possible. Allow only those changes in the evidence absolutely necessary in the extinguishment of the fire. Allow only those changes in the evidence absolutely necessary in the extinguishment of the fire. Protect partially burned papers and charred documents from drafts. Protect partially burned papers and charred documents from drafts. TS 17–8