0. Essentials of Fire Fighting, 5th Edition
Chapter 18 — Protecting Fire Scene Evidence
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1. Chapter 18 Lesson Goal
After completing this lesson, the student shall be able to assist in the investigation of a suspicious fire and protect and preserve evidence after a fire following the policies and procedures set forth by the authority having jurisdiction (AHJ).
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2. Specific Objectives
1. Discuss the roles of firefighters and investigators at investigations.
2. Summarize important observations to be made en route, after arriving at the scene, and during fire fighting operations.
3. Discuss firefighter conduct and statements at the scene.
(Continued)
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3. Specific Objectives
4. Explain firefighter responsibilities after the fire.
5. Explain how legal considerations affect firefighters during operations that may involve incendiary evidence.
(Continued)
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4. Specific Objectives 6. Discuss protecting and preserving evidence.
7. Protect evidence of fire cause and origin. (Skill Sheet 18-II-1)
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5. Roles at an Investigation: General Considerations
Determining the cause of a fire may only require the expertise of the emergency responders on scene
(Continued)
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6. Roles at an Investigation: General Considerations
More complex fire incidents or possible crime scenes often require assistance of law enforcement personnel and qualified fire investigators
Courtesy of Sheldon Levi, IFPA.
(Continued)
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7. Roles at an Investigation: General Considerations
Guidelines for initiating steps vary among jurisdictions and the nature of the incident
Firefighters must be aware of the guidelines and/or regulations in their areas
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8. Roles at an Investigation: Firefighter Responsibilities
In most jurisdictions, fire chief has the legal responsibility for determining the cause and origin
Fire chief delegates this authority to fire officers and firefighters at the scene
(Continued)
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9. Roles at an Investigation: Firefighter Responsibilities
Proper training enables firefighters to recognize and collect important information
First-arriving firefighters can observe unusual conditions that may indicate an incendiary fire
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10. Roles at an Investigation: Investigator Responsibilities
Fire marshals or others may be responsible for conducting investigations beyond the determination of fire origin and cause
(Continued)
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11. Roles at an Investigation: Investigator Responsibilities
Fire investigators may also be sworn peace officers
Firefighters may be questioned by an investigator or asked to assist in an investigation
(Continued)
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12. Roles at an Investigation: Investigator Responsibilities
Some fire departments have special fire investigation or arson squads
Arson investigation
Police department
State fire marshal or some other state agency
Private companies may conduct separate investigations
(Continued)
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13. Observations En Route Time of day Weather and natural hazards Barriers
People leaving the scene
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14. Observations Upon Arrival
Time of arrival and extent of fire
Wind direction and velocity
Doors or windows locked or unlocked
Location of the fire
(Continued)
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15. Observations Upon Arrival
Containers or cans
Burglary tools
Familiar faces
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16. Observations During Fire Fighting Operations
Unusual odors
Abnormal behavior of fire when water is applied
Obstacles hindering fire fighting
(Continued)
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17. Observations During Fire Fighting Operations
Incendiary devices
Trailers
Structural alterations
Fire patterns
(Continued)
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18. Observations During Fire Fighting Operations
Heat intensity
Availability of documents
Fire detection and protection systems
Intrusion alarms
Location of fire
(Continued)
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19. Observations During Fire Fighting Operations
Personal possessions
Household items
Equipment or inventory
Business records
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20. Conduct and Statements at the Scene
Firefighters should obtain as much information as possible
Owners or occupants of the property should be allowed to talk freely
(Continued)
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21. Conduct and Statements at the Scene
Firefighters should not attempt to interrogate a potential arson suspect unless trained and authorized
Firefighters should refrain from expressing personal opinions
(Continued)
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22. Conduct and Statements at the Scene
After the investigator arrives, firefighters should make statements only to this individual
(Continued)
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23. Conduct and Statements at the Scene
Public statement regarding fire cause should be made only after
The investigator and ranking fire officer have agreed to its accuracy and validity
Have given permission for it to be released
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24. Responsibilities After the Fire
Firefighters should report their observations to their supervisor
Firefighters should not discuss their observations with other crew members
Improperly done overhaul operations can be detrimental to the investigation
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25. Securing the Fire Scene
Fire department has the authority to deny access to any building
During fire fighting operations
For a reasonable length of time after fire suppression is terminated
(Continued)
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26. Securing the Fire Scene
If an investigator is not immediately available, the fire department or other lawful authority should keep control of the premises until all evidence has been collected
(Continued)
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27. Securing the Fire Scene
Once all fire personnel leave the scene, a search warrant or written consent to search will be required to reenter the premises
(Continued)
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28. Securing the Fire Scene
Fire personnel should not allow anyone to enter a fire scene without the investigator’s permission
The premises can be secured and protected in several ways
(Continued)
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29. Securing the Fire Scene
Cordoning can be accomplished with rope or specially designed fire and police line tape
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30. Legal Considerations Legal cases
Firefighters may remain on location as long as necessary, but once they leave they may be required to get a search warrant
Based on the case of Michigan vs. Tyler
U.S. Supreme Court findings
(Continued)
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31. Legal Considerations Impact on firefighters
If there is incendiary evidence, fire department should leave at least one person on premises until an investigator arrives
To leave the premises, return later without a search warrant, and make a search might have negative consequences
(Continued)
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32. Legal Considerations Impact on firefighters (cont.)
Each department must comply with the legal opinions that affect its jurisdiction
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33. Protecting and Preserving Evidence
Protect evidence by keeping it untouched and undisturbed until an investigator arrives
Do not gather or handle evidence unless it is absolutely necessary in order to preserve it
(Continued)
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34. Protecting and Preserving Evidence
If firefighters handle or procure evidence, they then become a link in the chain of custody for that evidence
Evidence must remain undisturbed except when absolutely necessary for the extinguishment of the fire
(Continued)
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35. Protecting and Preserving Evidence
Firefighters must avoid trampling over possible evidence and obliterating it
The same precaution applied to the excessive use of water may help avoid similar unsatisfactory results
(Continued)
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36. Protecting and Preserving Evidence
Human footprints and tire marks must be protected; use cardboard boxes
(Continued)
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37. Protecting and Preserving Evidence
Protect completely or partially burned papers found in a furnace, stove, or fireplace by immediately closing dampers and other openings
Leave charred documents found in containers
(Continued)
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38. After Evidence Has Been Collected
After evidence has been properly collected by an investigator, debris may be removed
Remove charred materials to prevent the possibility of rekindle and to help reduce smoke damage
(Continued)
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39. After Evidence Has Been Collected
Unburned materials can be separated from the debris and cleaned
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40. Summary
Before an investigation into the origin and cause of a fire can be conducted, there must be evidence to evaluate.
(Continued)
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41. Summary
As a firefighter, one of the most important responsibilities is to avoid disturbing or destroying evidence while fighting the fire. In the area of origin appropriate caution must be used when spraying water, moving debris, and even walking around.
(Continued)
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42. Summary
Once the area of origin is known, a more thorough investigation can be conducted to determine the exact cause of the fire.
(Continued)
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43. Summary
As a firefighter, it may be necessary to determine the cause of the fire; more likely, firefighters may be assigned to assist their supervisor or a fire investigator in making that determination.
(Continued)
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44. Summary
If the fire origin and cause investigation reveals evidence of arson, the property becomes a crime scene and must be treated as one. Firefighters must cooperate fully with whoever is assigned to investigate the crime.
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45. Review Questions
1. What individuals may have responsibilities in a fire investigation?
2. What are some observations that may indicate a fire was incendiary?
3. What is one way that a fire scene can be secured?
(Continued)
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46. Review Questions
4. Why should the fire department leave at least one person on the premises of a scene until the investigator arrives?
5. What are ways that evidence can be protected?
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