LONDONDERRY POLICE DEPARTMENT POLICIES AND PROCEDURES

Transcription

1 POLICY NO: S-301-A LONDONDERRY POLICE DEPARTMENT POLICIES AND PROCEDURES DATE OF ISSUE: December 1, 1997 EFFECTIVE DATE: December 1, 1997 REVISED DATE: January 10, 2016 SUBJECT: COLLECTION AND PRESERVATIONOF EVIDENCE PAGE: 1 of 11 BY AUTHORITY OF: William R. Hart Chief of Police I. PURPOSE II. POLICY CALEA # , , , , , , NEW AMENDS RESCINDS POLICY #: S-301-A Dated: 12/01/97 A. The purpose of this Policy and Procedure is to maximize the amount of valuable physical evidence that can be collected. With the technological advances in the field of forensic sciences, the law enforcement community has available to it a valuable tool for improving the investigation of crime. Due to this advancement, the responsibility has fallen increasingly upon the investigating officer for the proper collection and preservation of physical evidence. This directive shall serve as a practical guide to fulfill those responsibilities. A. [83.1.1] The policy of the Londonderry Police Department is that evidence of crime be promptly and properly collected and preserved. As such, crime scene/traffic collision processing services shall be available on a 24-hour basis. III. DEFINITIONS A. Chain of Evidence: The continuity of the custody of physical evidence - from time of original collection to final disposal - which may be introduced in a judicial proceeding. B. Impounding Officer: That member of the department who initially receives the evidence and initiates the chain of custody. C. Physical Evidence: Any substance or material found or recovered in connection with a criminal investigation. D. Evidence Manager: That member of the department who is accountable for the control and maintenance of all evidence accepted by or stored in the departments evidence room. E. Evidence Room: Secured facility utilized by the department for purposes of evidence storage.

2 Page 2 of 11 F. Seizure: The physical taking of possession of an item, contraband, property, or person legally, voluntarily or by force. IV. PROCEDURES A. [83.2.1, 12,1,2] The success of an investigation that involves a crime scene depends heavily on the officer who arrives first on the scene. The nature of the scene may dictate what actions(s) the responding officer takes when arriving at the scene, but, the following should be used as a guideline and be considered generally valid: i. If injured persons are present at the scene, rendering medical attention is the first priority. ii. If sufficient manpower is available, the scene should be secured and evidence preserved simultaneously with the rendering of medical attention. iii. The immediate protection measures that should be implemented are the roping and/or taping off of critical areas such as points of access and egress, and keeping onlookers away from areas where high physical evidence yield is anticipated. iv. In only the most extreme cases, where there is imminent threat that evidence may be destroyed, should it be moved to a more secure area before cataloging. v. The on-duty field supervisor shall respond promptly to all major crime scenes vi. Major crimes include, but are not limited to: 1. Homicides 2. aggravated assaults 3. armed robberies 4. sexual assaults 5. robberies at financial institutions 6. arson 7. serious juvenile offenses such as child abuse and neglect

3 Page 3 of 11 vii. Such scenes will generally require extensive processing and a detective should be called in for that purpose. The field supervisor will make that determination. viii. Whenever the Criminal Investigation Division is called in and, in the absence of a C.I.D. supervisor, the senior responding detective will assume command of the scene. All other personnel, regardless of rank, shall provide whatever support necessary to the investigator in charge. ix. The first responding officer will prevent all unnecessary walking about the crime scene by persons present; particularly where foot and/or tire impressions are located. Items will not be moved or touched, nor any bodies of any deceased persons disturbed. Surfaces that may yield latent fingerprint evidence shall not be touched. No one will remove items from the scene without permission of the investigator in charge. x. The restraints placed on the crime scene shall not be lifted until the investigator in charge has released the scene. xi. Once time permits, the first responding officer shall document the time of arrival, weather conditions, persons present at the time of arrival, time and identity of authorized persons who have entered and exited the scene. xii. It is the responsibility of all responding officers to fully cooperate with the members of the Criminal Investigation Division, and to provide those members with any information that would be relevant to the investigation, such as items that may have been moved or touched at the scene, paths of access or egress taken by personnel present at the scene, etc. xiii. Upon arrival at the scene by personnel of the Criminal Investigation Division, the scene shall be relinquished to the senior ranking member of the Division, who shall ensure that the following steps are taken before the scene is processed for physical evidence: 1. Conduct a preliminary survey of the crime scene, making notes for the preparation of a narrative description of the scene. 2. Photograph the scene. 3. Evaluate latent fingerprint evidence. 4. Sketch the scene. 5. Evaluate physical evidence.

4 Page 4 of 11 B. TYPES OF EVIDENCE 6. Conduct a detailed search for evidence, to be followed by collection, recording, marking and preservation of evidence. 7. A final survey should be conducted to ensure the crime scene has been documented as thoroughly as possible. i. Fingerprints [83.2.3] 1. Fingerprint evidence will be encountered in the following two basic forms: a. Visible types in blood, ink, dirt, paint, grease, etc. b. Prints in soft substances such as putty, clay or fresh paint. 2. The two types do not require processing. 3. They do need to be protected from damage and transported to the lab for evaluation. 4. The fingerprints should be photographed before removal. 5. Latent fingerprints will also be found on non-absorbent, hard, smooth surfaces. For these prints, the following procedure should be followed: a. process the suspect area with the appropriate powder; b. once the latent has been developed, it should be photographed c. upon completion of the photo process, the print should be lifted using the appropriate lifting medium d. identifying information should be placed on the lifter, such as name, incident number, item processed, date, time, etc.; e. if deemed appropriate, a sketch can be made of the object, identifying the area from which the print was lifted. 6. Latent fingerprint evidence may also be found on absorbent, porous, smooth surfaces. In such cases, no attempt should be made to develop these prints via the powder method. Such items should be collected and appropriately labeled To Be Processed for Latent

5 Page 5 of 11 Prints. The handling of such evidence should be done wearing latex gloves to ensure that the print evidence is not damaged or contaminated. 7. The investigator should keep in mind that fingerprint evidence is fragile and every effort should be made to protect it from damage. When deemed necessary, the items which require processing should be transported to the departments processing area or to the State Crime Laboratory in Augusta. ii. Blood and Body Fluids 1. The investigator may encounter blood or other body fluids at the scene of a crime. Utmost care must be taken when handling such evidence, not only for the preservation of the evidence, but most importantly, for officer safety. 2. Gloves and protective clothing shall be worn whenever handling blood/body fluid evidence. 3. Blood/body fluid evidence, when found on objects that can be transported to headquarters, should be so transported in order to ensure that it is not damaged or contaminated in any way. 4. Dried crusts of blood can be collected on clean paper utilizing a clean razor blade. 5. Small dried stains which cannot be scraped should be wiped up using a small piece of moist coffee filter paper. The paper should be secured in a clean glass tube for transport to the lab. 6. Blood may be encountered on soil. Under these circumstances, enough soil should be taken to ensure that as much blood as possible is collected. The sample should be placed in a clean glass or plastic container, sealed and transported to the lab as soon as possible to prevent deterioration. 7. Moist blood should be placed in a glass tube and sealed. Blood collected from two separate areas shall not be mixed. Moist blood on objects which preclude collection in a glass tube should be allowed to air dry. Care should be taken so that unstained portions of the object are not smeared by the blood. Items should be handled in a manner so as not to destroy or contaminate other evidence present.

6 Page 6 of Any blood evidence which is not transported to the lab should be kept refrigerated but not frozen. Dried blood evidence does not require refrigeration but should be protected from moisture which may destroy it. 9. Seminal fluid may be found present at a variety of crime scenes, not exclusively sex crime scenes. Moist seminal fluid is handled in the same way as blood evidence. It should be noted that dried seminal fluid is more fragile than blood evidence. iii. Trace Evidence 1. By its very nature, trace evidence may easily be lost or destroyed and therefore should be collected very carefully. These items should not be handled any more than is absolutely necessary. Such items, particularly clothing, should be taken over paper to capture all trace evidence. Once collected in separate containers, each container or package should be identified by the investigator. 2. The collection of thread, fiber and hair evidence should be done carefully and the evidence should be packaged in an appropriate size container to ensure it does not become lost. Tweezers and small envelopes or glass tubes should be utilized. Sticky tape should never be used. iv. Soil and Other Evidence 1. Soil and like evidence should be taken from areas of foot or tire impressions only after the impression has been photographed and a cast has been made. Soil samples from surrounding areas should also be taken and locations documented on a diagram. The samples should be placed in a sealed container and identified by the investigator. Mineral, rock and debris samples may be collected in a similar manner ensuring samples from different areas are not mixed. v. Known Sources [83.1.2] 1. In all cases where a type of evidence may be submitted for examination and a material or substance can be collected from a known source, the investigator shall make every effort to collect and properly package the material for submission to the laboratory for comparison purposes.

7 Page 7 of 11 C. CRIME SCENE PHOTOGRAPHY [83.2.2] i. Photographs of crime scenes, if done properly, can be a most valuable investigative tool. For the photograph to be of value however, it must be admissible in court. The investigator must be able to testify that the photo accurately depicts the area s/he observed. Accuracy pertains to form, tone, color and scale of the subject matter. A crime scene sketch supplements the photos in reference to special relationships. ii. Due to the importance of scale, distance and perspective in photo interpretation, a ruler or other form of measurement should be introduced into the photo. A photo without the measure should also be taken to eliminate admissibility problems in court. iii. Photography must be an exclusive function of the crime scene search. No one should be working within the scene at the time, nor should extraneous subjects be in the scene. iv. The photograph must be precisely identified and the time, date, location, incident number and name of the investigator taking the photograph recorded. v. A custody record of the photos and negatives should be kept. If the photos are processed commercially, the processor should be able to provide an affidavit that the photos were processed in the prescribed manner and not altered, if necessary. An affidavit is not necessary if the photos were taken with a digital camera. vi. The following critical requirements should be adhered to when photographing a crime scene: 1. Approaches to the crime scene. 2. Surrounding areas to the crime scene, as they may become secondary crime scenes. 3. Close-up of entrances and exits to the scene, or the most obvious points if undetermined. 4. General photo showing body or main point of interest in relationship to the room or area it is contained in. 5. Photos of the body (if applicable) with a minimum of two (2) taken from an elevated position downward.

8 Page 8 of Close-up of the body (if Applicable) depicting wounds, injuries, weapons, etc. As many photos should be taken as deemed necessary to accurately document observations. 7. Once the body is moved by proper authority and the evidence is secured, the underside of the body should be photographed to document the condition of that area. 8. All fingerprints which do not require processing should be photographed and the area where the fingerprints are located should be identified. 9. Color or black and white photographs of blood stains in relationship to the body should be taken. These photos may prove valuable in pattern interpretation at a later time. 10. The above should be considered minimum requirements as far as documenting the scene and can be expanded upon with specific training and experience. 11. Crime scene photographs and negatives shall be retained locked in the Evidence Room until the case is adjudicated. D. CRIME SCENE SKETCH i. The crime scene sketch, in many cases, has been neglected, and photographs have been considered a replacement. This position is an incorrect one, as the crime scene sketch is needed to completely document the scene of a major crime. The crime scene sketch provides true distance relationships which will compliment and supplement the photographs. The crime scene sketch will also place items of evidence in exact locations at the time of court proceedings. The investigator will deal with two basic types of sketches... the rough sketch and the finished sketch. ii. A rough sketch is drawn at the scene of the crime or incident and is not changed after leaving the scene. This sketch is usually not drawn to scale, but does depict accurate distances, dimensions and proportions. This sketch usually contains the investigators notes. iii. A finished sketch is drawn to scale, when possible, from information contained in the rough sketch. It is not a requirement that the investigator prepare the finished sketch. When the final sketch is prepared by someone other than the investigator, such as a draftsman, engineer, etc., it will be

9 Page 9 of 11 necessary for the investigator to verify the accuracy of the finished sketch and document such in his/her investigative report. iv. To be of value to the investigation, the crime scene sketch must contain, at a minimum, the following information: 1. locations of approaches, such as roadways, paths, entrances, exits, windows and skylights 2. size of area or building 3. exact locations and relative positions of all pertinent evidence found at the scene 4. camera locations 5. the sketch should reflect accurate measurements verified by another person 6. indicate the compass direction of north 7. designate the scale (if not to scale, so indicate) 8. employ a conventional system of measurement 9. contain a legend that explains all letters and symbols used to identify objects on the sketch 10. Incident number, offense alleged, name of victim, date, and time the sketch was started and the name(s) of persons who made and/or verified the sketch. E. REPORTING REQUIREMENTS [83.2.6] i. The person who is designated as being in charge of processing a crime or traffic collision scene shall be responsible for preparing a report which shall include the following information: 1. date and time of arrival at the scene; 2. location of the crime or incident; 3. name of victim; 4. name of suspect (if known); 5. specific action taken at the scene, to include:

10 Page 10 of 11 a. number of photos taken b. whether measurements were taken c. a listing of physical evidence taken, including latents, recorded on a department Continuity of Evidence Form d. Incident number. F. EVIDENCE HANDLING [84.1.1, , ] i. All items seized for evidentiary purposes or disposal shall be documented on a department Property Form specifically noting and turned over to the Evidence/Property Manager. The form shall include the circumstances by which the property came into the agency s possession and describing each item of property obtained ii. Whenever physical evidence is transferred from the custody of the Evidence/Property Manager; it shall be recorded on the Property Form which shall indicate the following: 1. item number; 2. date and time transfer of custody took place; 3. name and signature of the person receiving the item; 4. name and signature of the person relinquishing the item; 5. Purpose for the change of custody. iii. The Evidence/Property Manager shall be responsible for submitting any evidence to the New Hampshire State Police Crime Laboratory or the FBI Laboratory for examination. 1. Items of evidence transmitted to a laboratory for examination shall be packaged in accordance with procedures prescribed in the Handbook of Forensic Science published by the FBI. iv. Whenever an item of evidence is submitted to the New Hampshire State Police Crime Laboratory for examination, it shall be accompanied by the laboratory s Examination Request Form. 1. Items of evidence sent to the FBI Laboratory shall be accompanied by a letter of transmittal as outlined on pages of the Handbook of Forensic Science.

11 Page 11 of 11 v. The Evidence/Property Manager shall ensure that proper receipts are obtained for any evidence submitted to a laboratory for examination. vi. A written report outlining its findings is required from the laboratory whenever evidence is submitted for examination. V. These policies and procedures replace and supersede all policies, procedures, rules, regulations, and written directives regarding COLLECTION AND PRESERVATION OF EVIDENCE.