MODULE 2 UNIT 7 Law Enforcement & Investigations Instructor Notes.

MODULE 2 UNIT 7 Law Enforcement & Investigations Instructor Notes

Unit 7 Learning Objective
At the completion of this unit the student will be able to describe the expected functions of the Performance . Offensive Technician during a law enforcement investigation and how their extensive training in HAZMAT and WMD can be of great value. Scope of Unit This unit of instruction will give all Performance . Offensive Technician level responders the necessary knowledge needed to assist law enforcement during the investigation of a WMD deployment or threat of deployment. Learning Objectives At the completion of this unit the student will be able to describe the expected functions of the Performance . Offensive Technician during a law enforcement investigation and how their extensive training in HAZMAT and WMD can be of great value. Instructor Notes

Student Performance Objectives
Understand the importance of procedures used by law enforcement in conducting a criminal investigation, in coordinating gathering of evidence with law enforcement, sharing intelligence, and observing chain of custody in protecting crime scene evidence. Follow departmental procedures for requesting law enforcement assistance in handling and securing suspicious packages. Understand the importance of procedures used by law enforcement in conducting a criminal investigation, in coordinating gathering of evidence with law enforcement, sharing intelligence, and observing chain of custody in protecting crime scene evidence. Follow departmental procedures for requesting law enforcement assistance in handling and securing suspicious packages. Instructor Notes

Recognize the importance of coordination with other agencies on the scene in gathering evidence and intelligence. Understand the importance of development and sharing of the latest intelligence that has been gathered from the scene, including information from special operations activities. Recognize that this information should be shared with the on scene incident commander (or designee, or the leadership team under the unified command) and the senior law enforcement leadership at the scene. Recognize the importance of coordination with other agencies on the scene in gathering evidence and intelligence. Understand the importance of development and sharing of the latest intelligence that has been gathered from the scene, including information from special operations activities. Recognize that this information should be shared with the on scene incident commander (or designee, or the leadership team under the unified command) and the senior law enforcement leadership at the scene. Instructor Notes

Recognize the importance of coordination with other agencies on the scene in gathering evidence and intelligence. Understand the importance of development and sharing of the latest intelligence that has been gathered from the scene, including signs, symptoms, and treatment, as well as information from interviews with victims and other potentially contaminated individuals. Recognize that this information should be shared with the emergency medical manager, the on-scene incident commander (or designee, or the leadership team under the unified command), and the senior law enforcement leadership at the scene. Recognize the importance of coordination with other agencies on the scene in gathering evidence and intelligence. Understand the importance of development and sharing of the latest intelligence that has been gathered from the scene, including signs, symptoms, and treatment, as well as information from interviews with victims and other potentially contaminated individuals. Recognize that this information should be shared with the emergency medical manager, the on-scene incident commander (or designee, or the leadership team under the unified command), and the senior law enforcement leadership at the scene. Instructor Notes

Know how to collect and forward intelligence regarding potential terrorist/criminal actions involving possible WMD agents or hazardous materials. Be able to coordinate the gathering of such intelligence from various sources that may be on the scene. Forward this information to the HazMat manager and the incident commander (or designee) at the scene. Be able to work with law enforcement to gather evidence in the hot zone following scene security measures and safety procedures in coordination with the incident commander. Know how to collect and forward intelligence regarding potential terrorist/criminal actions involving possible WMD agents or hazardous materials. Be able to coordinate the gathering of such intelligence from various sources that may be on the scene. Forward this information to the HazMat manager and the incident commander (or designee) at the scene. Be able to work with law enforcement to gather evidence in the hot zone following scene security measures and safety procedures in coordination with the incident commander. Instructor Notes

Crime Scene A crime scene is a location where an actual crime has taken place or there is a possibility that a crime has taken place. A crime scene is a location where an actual crime has taken place or there is a possibility that a crime has taken place. Instructor Notes

Criminal Investigation
Typical process whereby police are able to link an offender to the crime is through the use of investigation and finding of evidence at the scene. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 1 – ANSWER IS A) TRUE Typical process whereby police are able to link an offender to the crime is through the use of investigation and finding of evidence at the scene. It is for this purpose that a crime scene is established in order to give police the area in which the crime occurred to collect evidence. A crime scene involving a WMD incorporates all the traits of a crime scene with additional components that are conducive to the FBI threat spectrum. An incident involving a CBRNE agent may turn out to be a WMD event. If this is the case, then the scene will be processed as a crime scene no matter what the size of the crime scene is. Instructor Notes

WMD Crime Scene Emergency responders should consider life safety as the first priority. Every WMD crime scene is different and should be handled accordingly. Initial response to a WMD crime scene may have very few perimeters and be difficult to define. WMD crime scenes have the capability to cause mass casualties and extraordinary damage or vice versa, small damage and few casualties. Initial actions taken by responders at the scene by the emergency responders are critical for the preservation of evidence. Once the crime scene has been established, law enforcement should control ALL access to the and from the scene. Emergency responders should consider life safety as the first priority. Every WMD crime scene is different and should be handled accordingly. Initial response to a WMD crime scene may have very few perimeters and be difficult to define. WMD crime scenes have the capability to cause mass casualties and extraordinary damage or vice versa, small damage and few casualties. Initial actions taken by responders at the scene by the emergency responders are critical for the preservation of evidence. Once the crime scene has been established, law enforcement should control ALL access to the and from the scene. Instructor Notes

Recognition of Criminal Activity
WMD Techs should follow departmental procedures for requesting law enforcement assistance in handling and securing suspicious packages or suspicious persons. FBI System for predicting threats WMD Techs should follow departmental procedures for requesting law enforcement assistance in handling and securing suspicious packages or suspicious persons. FBI System for predicting threats The FBI system can be divided into four levels: INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 2 ANSWER IS B Minimum (Level 1) – A threat has been received, but the information and intelligence do not warrant any actions beyond normal notifications or placing assets or resources on heightened alert. Potential (Level 2) – Intelligence or an articulated threat does indicate the potential for a terrorist incident but the threat has not yet been determined as credible. Credible (Level 3) – A threat assessment indicates that the potential threat is credible and confirms the involvement of a WMD material in the developing incident. Incident (Level 4) – The incident has occurred. Instructor Notes

WMD Crime Scene Response
Assignments Recognition Detection Self Protection Scene Security Notification Protect the Scene WMD Crime Scene Response With any discipline, the emergency responders that have more responsibility placed on them when they are trained to perform at higher levels of skill and ability. There are many facets to the scene that include an outer perimeter and an inner perimeter. The WMD Tech knows that the outer perimeter personnel need less experience and training than those on the inner (warm and hot) perimeters or zones. With this in mind the duties must be assigned accordingly and the processes of response must be followed accordingly. The following is a typical response of a higher trained responder to a WMD incident. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 3 – ANSWER IS B Recognition of a WMD Crime Scene Emergency responders must be able to perform a hazard and risk assessment of the scene and perform basic identification of the material involved in the event. This is tied to the ability of those responders to understand the potential outcome or consequences of the event due to the type of material used. Responders must recognize that the event is a crime scene and that evidence must be RECOGNIZED, IDENTIFIED and PRESERVED (RIP) until higher authority arrives to take control. Detection of potential WMD Agents Since signs and symptoms are the best tools for recognizing a WMD release, responders should be vigilant of and know what signs and symptoms would be seen if there was a release. It is also important for responders to know what effects WMD agents will have on property in case there is no symptomatic indicators. Personnel should have a basic understanding of the physical characteristics or properties of WMD agents or materials that could be reports by victims or other persons on the scene. This also includes the potential use and means for delivery of WMD agents and materials along with potential targets where likely uses of WMD agents might be. Self Protection Measures Recognize that ambulatory victims should move uphill and upwind from the area,and that potentially contaminated victims should be isolated from others. These victims should be advised about appropriate actions to take and that they may need to be decontaminated. Personnel should know what defensive measures to take at a WMD crime scene to help ensure personal and community safety. These measures may include maximizing the distance between the responder and the event, using shielding such as solid walls for protection and minimizing personal exposure to agents or materials that might be found in the inner perimeter that may be moving in the form of a plume or cloud. Scene security Emergency responders should know the local protocol and procedures for ensuring scene security and for keeping unauthorized persons away from the scene and adjacent hazardous areas. This will include cordoning off the area to prevent anyone from inadvertently entering the scene. Notification Emergency responders need to accurately describe the WMD crime scene and be aware of available response assets within the affected jurisdiction(s). In addition, responders need to know when to request additional help and must know the procedures for establishing command of the incident. First arriving responders shuld know how to perform an initial size-up of the scene and to relay that information accurately to other arriving responders or agencies. Protecting the WMD crime scene Protecting lives and safety of others remain to the be the prime directive at the emergency but all responders should also implement procedures to protect potential evidence and minimize disturbance of the potential crime scene. Emergency responders must understand the importance of crime scene preservation and initiate measures to secure the scene so that evidence is not destroyed or altered. Instructor Notes

Scene Coordination Responders should be able to recognize the importance of coordination with other agencies on the scene in gathering evidence and intelligence. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 4 – B) False Responders should be able to recognize the importance of coordination with other agencies on the scene in gathering evidence and intelligence. The Incident Command System should be set up in a way to promote the sharing of intelligence because there is a constant need for everyone to have this information for safety of the whole scene. This understanding of the importance for development and sharing of the latest intelligence that has been gathered from the scene, including information from special operations activities will accelerate the incident sub commands decision making. commander (or designee, or the leadership team under the unified command) and the senior law enforcement leadership at the scene. Instructor Notes

Information Sharing It is important of developing and sharing of the latest intelligence that has been gathered from the scene, including signs, symptoms, and treatment, as well as information from interviews with victims and other potentially contaminated individuals. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 5 – ANSWER IS A) TRUE WMD Techs should also understand the importance of developing and sharing of the latest intelligence that has been gathered from the scene, including signs, symptoms, and treatment, as well as information from interviews with victims and other potentially contaminated individuals. This will help to keep everyone in the response effort up to speed on what needs to be recognized, identified and preserved. Recognize that this information should be shared with the emergency medical manager, the on-scene incident commander (or designee, or the leadership team under the unified command), and the senior law enforcement leadership at the scene. Instructor Notes

Evidence Collection Physical Evidence Testimonial Evidence
RIP – Recognized, Identified, Preserved Testimonial Evidence Since the WMD Tech is going to be one of the most highly trained responders at the scene they should be able to work with law enforcement to gather evidence in the hot zone following scene security measures and safety procedures in coordination with the incident commander. As a WMD Tech, you should make contact with your local law enforcement agencies and see how they want you to collect evidence. In some case, law enforcement may have their own WMD Techs for evidence collection. In those instances,, it is important to work with those WMD Techs to accomplish the mission. Find out what is in your area. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 6 – ANSWER IS A) TRUE Physical Evidence This is any tangible object that establishes that a crime has been committed. Physical evidence can provide a link between the criminal act and the victim to which the act was done to or the crime and the perpetrator of the crime. This can be anything from a smoking gun to a bomb fragment all the way to DNA. Requirements for handing or processing physical evidence are that the evidence must be protected from change or modification. INSTRUCTOR : EMPHASIZE THE POINT ABOUT “RIP” – RECOGNIZE, IDENTIFY, AND PRESERVE EVIDENCE. If the evidence is not properly RECOGNIZED, IDENTIFIED, PRESERVED (RIP) and collected at the crime scene, it may end up not being admissible in to evidence. It is this conservation of evidence that makes a case able to be prosecuted. Testimonial Evidence As has been said earlier in this unit, each and every responder is subject to being called as a witness to testify in court. Typically this process is accomplished through the court issuance of a subpoena. Those that are subpoenaed to testify must first show that they re competent mentally with some quick questions for evaluation. Federal rules require that the person who is going to testify must have personal knowledge of the matter for which they are going to testify. Instructor Notes

Documentary Evidence Documentary evidence must be relevant to the case before the court before it can be admissible. In the case of writings, the authenticity of the document is one aspect of relevancy. Documentary evidence must be relevant to the case before the court before it can be admissible. In the case of writings, the authenticity of the document is one aspect of relevancy. Instructor Notes

Discovery Discovery is a pretrial procedure in which one party gains information held by the other party regarding the case Discovery is a pretrial procedure in which one party gains information held by the other party regarding the case. Discovery actually means the disclosure of that which was previously unknown. It usually applies to copies of reports, pictures, names and addresses of all witnesses, along with their statements, and the ability to examine all evidence thata may be presented in trial. Instructor Notes

Chain of Custody Chain if custody is the process that begins once evidence is identified. The best way to think about chain of custody is to visualize a continuous loop of links that connect together adding anyone to the loop when the evidence changes hands to another person. Up to this point we have put great emphasis on the RECOGNIZING, IDENTIFYING , and PRESERVING (RIP) evidence but accounting for the evidence and transferring that evidence from one person to another is equal to or more important to RIP. This is called Chain of custody. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 8 – ANSWER IS D) CHAIN OF CUSTODY Chain if custody is the process that begins once evidence is identified. The best way to think about chain of custody is to visualize a continuous loop of links that connect together adding anyone to the loop when the evidence changes hands to another person. This will be the strongest point for a defense because if there are ANY weaknesses in the chain of custody there can not be 100% assurance of its integrity and therefore dismissed from use. Another aspect that will be a point of contention among defense attorneys will be if the evidence is left “UNATTENDED” while unsecured. This will show cause for a break in the chain of custody and that the person who was supposed to be in control of the evidence can not testify that the evidence has not been tampered with because it was left unattended without security. Instructor Notes

TESTIMONY ! DO NOT RATIONALIZE ON THE STAND DURING ANY TESTIMONY.
IF YOU DO NOT KNOW, SAY YOU DON’T KNOW. NEVER LIE ! INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 7 – ANSWER IS C) Tell them you do not know Instructor Notes

Intelligence Recognize it as evidence
Forward the information about the intelligence to the supervisor Supervision verifies Supervision notifies command post Command post forwards to joint operations center The WMD Tech should know how to collect and forward intelligence regarding potential terrorist/criminal actions involving possible WMD agents or hazardous materials. They must be able to coordinate the gathering of such intelligence from various sources that may be on the scene and forward this information to the HazMat manager and the incident commander (or designee) at the scene. In order to know how to forward intelligence that has been gathered at the scene you must first be able to recognize the information as possible intelligence. Once recognition of information is made that may yield intelligence the supervisor of that Responder should be immediately notified. The supervisor will then verify the information and relay that to the command post. The command post may forward the intelligence to the joint operations center where all of the entities that provide response efforts have a liaison. The intelligence should travel very fast and should not be impaired by any section of the chain of command because it may lead to more information that is important. Instructor Notes

DO NOT LEAVE EVIDENCE UNATTENDED!
Instructor Notes

WMD Prosecution All WMD crimes fall under the jurisdiction, or the territorial range of authority and control, of the Federal courts. Federal Statutes for WMD Prosecution As has been discussed in previous training in the Ohio HAZMAT / WMD Training Series, the FBI is the lead agency whenever there is a use of a WMD. The part that has not been discussed too much is the statutes that pertain to these WMD crimes. Before we can consider the listing of laws there first must be an understanding about the jurisdictions and complexity of these laws. INSTRUCTOR NOTE: UNIT 7 QUIZ QUESTION 9 – ANSWER IS A) TRUE All WMD crimes fall under the jurisdiction, or the territorial range of authority and control, of the Federal courts. Since these laws are very long and complex there is a need to look at them specifically from a law enforcement standpoint and that can only be done in a course designed for such use. At this point we will simply outline the basic of each law so that the WMD Tech has an idea of what will be expected when and if you are ever called into court to support the charges against someone that has broken one of these laws. Instructor Notes

Federal Statues 18 USC 2332a: Use of Weapons of Mass Destruction
18 USC 175: Prohibitions with Respect to Biological Weapons 18 USC 229: Prohibited Activities 18 USC 831: Prohibited Transactions Involving Nuclear Materials 18 USC 876: Mailing Threatening Communications 18 USC 842: Importation, Manufacture, Distribution, and Storage Explosives Instructor Notes

FBI 12 Step Evidence Collection
When Federal response teams arrive they will most likely use the FBI’s Twelve-Step Process of evidence collection. It is very much so recommended that the WMD Tech be familiar with this Twelve-Step Process because it is a highly regarded and tested method for the collection of evidence. Instructor Notes

Step 1 – Preparation Preparation for the collection of evidence begins before the incident. Step 1 – Preparation Preparation for the collection of evidence begins before the incident. It includes having the proper number of personnel with proper training and supplies to perform the tasks assigned. Instructor Notes

Step 2 – Approach the Scene Emergency responders must consider personal safety and be mentally prepared while approaching the scene. Step 2 – Approach the Scene Emergency responders must consider personal safety and be mentally prepared while approaching the scene. The use of pre-entry briefings and Site Safety Plans are essential elements in conducting safe operations. It will be up to the Incident Commander to determine if a search warrant or written consent to enter the site is needed. Instructor Notes

Step 3 – Secure and Protect the Scene A perimeter must be set up around, and control zones established within, the crime scene in order to have an appropriate work environment. Step 3 – Secure and Protect the Scene A perimeter must be set up around, and control zones established within, the crime scene in order to have an appropriate work environment. The entire scene must be secure. Because large scene require different resources from those required by smaller scenes, the Incident Commander and the Federal responder in charge must assess what resources are needed and what tasks need to be performed. The responding Federal HAZMAT Response Team (HMRT) will get a full briefing and record the information from local emergency responders. Instructor Notes

Step 4 – Initiate Preliminary Survey The survey is the organizational stage for the entire search plan Step 4 – Initiate Preliminary Survey The survey is the organizational stage for the entire search plan. It is an initial walk-through usually conducted by the team leader. The team leader will then make team assignments and develop an overall search plan. Instructor Notes

Step 5 – Evaluate Physical Evidence Possibilities The team leader will determine what types of evidence are most likely to be encountered, and ensure that the transient, volatile, or perishable evidence is collected first. Step 5 – Evaluate Physical Evidence Possibilities The team leader will determine what types of evidence are most likely to be encountered, and ensure that the transient, volatile, or perishable evidence is collected first. While collecting fragile evidence can be complicated and time consuming, the collection and packaging if equipment requires far less sophistication. Simple packaging and following proper decontamination is usually sufficient for equipment. Instructor Notes

Step 6 – Prepare Narrative Description The narrative description begins as a written document (it may be dictated) that presents the scene in general text and becomes more specific and detailed as the investigation continues. Step 6 – Prepare Narrative Description The narrative description begins as a written document (it may be dictated) that presents the scene in general text and becomes more specific and detailed as the investigation continues. It is done before any evidence is collected. The team leader prepares this document and continually appraises it and adds to it. The narrative can include radio communications, notes, photographs, and sketches. Instructor Notes

Step 7 – Depict Scene Photographically Photography is a planned process beginning with overall views and progressing inward t more detail, using a variety of equipment. Step 7 – Depict Scene Photographically Photography is a planned process beginning with overall views and progressing inward t more detail, using a variety of equipment. Photographs should include entry and exit photos, as well as long range, medium, and close-up pictures. A photo log og all pictures must be maintained. Instructor Notes

Step 8 – Prepare Diagram/Sketch of Scene An entry team member usually prepares the sketches and diagrams concurrently with other activities such as photography and reconnaissance. Step 8 – Prepare Diagram/Sketch of Scene An entry team member usually prepares the sketches and diagrams concurrently with other activities such as photography and reconnaissance. The sketch shows the relative location of all evidence and facilitates the creation of the sampling plan. Typically, a rough sketch is prepared first and al court exhibits and the final sketch are made later. The sketch is a useful tool for orienting responders to the potential evidence, and may be used by other investigators. Instructor Notes

Step 9 – Conduct Detailed Search The initial plan determines which items constitute evidence and how they will be collected. Step 9 – Conduct Detailed Search The initial plan determines which items constitute evidence and how they will be collected. The plan also provides guidance on how the search for evidence will be conducted. The plan documentation provides a great deal of space for the numerous entries that may be necessary. Instructor Notes

Step 10 – Record and Collect Physical Evidence When potential evidence is discovered, it is processed in a specific order from handling fragile evidence to turning the evidence over to the evidence custodian. Step 10 – Record and Collect Physical Evidence When potential evidence is discovered, it is processed in a specific order from handling fragile evidence to turning the evidence over to the evidence custodian. Evidence should be placed in the appropriate package, labeled, decontaminatied and documented. This is especially important for chain of custody. Instructor Notes

Step 11 – Conduct Final Survey The final survey involves a review by all team members to discover if anything has been overlooked or if additional work is needed. Step 11 – Conduct Final Survey The final survey involves a review by all team members to discover if anything has been overlooked or if additional work is needed. They consider whether the initial hypothesis fits with the collected evidence, and make sure that all evidence and equipment are secured. It is also necessary to arrange with the property owner an appropriate cleanup contractor. Instructor Notes

Step 12 – Releasing the Crime Scene Releasing the scene to the property owner requires that he or she be informed of any remaining potential hazards and of his or her obligations, with the cleanup contractor, to return the site to a safe condition. Step 12 – Releasing the Crime Scene Releasing the scene to the property owner requires that he or she be informed of any remaining potential hazards and of his or her obligations, with the cleanup contractor, to return the site to a safe condition. The local helath official should sometimes be involved in this process. Re-entry by law enforcement or other personnel may require that another warrant be issued. Instructor Notes

Allow 10 - 15 minutes and then review the answers.
Unit 7 Quiz Allow minutes and then review the answers. Instructor Notes

Questions GIVE THE CLASS A 10 MINUTE BREAK.
Start next unit after break. Instructor Notes

MODULE 2 UNIT 7 Law Enforcement & Investigations Instructor Notes.

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MODULE 2 UNIT 7 Law Enforcement & Investigations Instructor Notes.

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