Chapter 4: the crime scene

of all the causes of death homicides account for a very small portion.

It is important to approach all deaths as if they were homicide.

Some offenders will try to stage or crime scene or misdirect a police investigation.

They are counting on police being complacent, lacking training, or being uninformed.

Case study four – one

30-year-old female found deceased. Determined that she died of natural causes as a result of the seizure. Family requested an autopsy at the medical examiner determined that she died from a seizure and natural causes. Several years later it was learned that she did not suffer from seizures and that the boyfriend had actually strangled her to death and had received a very large insurance policy payout.

The point is never take the scene for granted

in most cases, all of the key players and information identified at the time the death is reported. For most homicides, there is some type of interpersonal conflict between people who knew each other.

Examining the scene is considered the bedrock of all criminal investigations.

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the crime scene is the only observable instance where both the victim and the offender were together at one location.

Conflicts at a crime scene

while it should be clear who is in charge of the actual crime scene conflicts can come up between crime scene technicians and case detectives.

Some conflicts occur over detectives wanting a technician to do or not do something.

Generally the lead detective is responsible for the scene in the proper collection of evidence.

Legal considerations

must obtain a search warrant before any investigation takes place. There is no crime scene or murder scene exception to this.

Mincey versus Arizona

Thompson versus Louisiana, Filippo versus West Virginia

in Thompson and Filippo there was an element of consent because the police were summoned to the scene by someone else. Consent must be given to someone was standing to give consent. Standing refers to the legal authority to give consent at a particular location.

Consent dilemma: two people with legal standing give contradictory consent one approval one disapproval.

In Filippo, please could have asked for consent from the husband.

Search warrants are the responsibility of police and they are not that hard to obtain. There is a low threshold for probable cause because it is essential to determine the cause of death in any unexplained death or violent crime.

Police should always work with local district attorney or prosecutor’s office to be sure they are doing things legally

crime scene examination step-by-step aspects of crime scene examination.

The crime scene must be processed step-by-step in an established well-organized plan.

Most examinations follow a similar basic order of events.

For example crime scene should be videotaped and photographed and sketched before any further examination.

There is a particular order we search for and collect forensic and latent evidence:

first, search for trace in biological evidence. Second search for latent prints.

There is no time limit for processing a crime scene. It is best not to hurry. The crime scene may take days or weeks to complete.

Case study four – two elderly man was found stabbed and murdered. Evidence showed that he was murdered outside dragged into the house and drops of blood were found throughout the house indicating that the suspect was also injured that blood was tested and was able to be traced to the suspect who was convicted of murder.

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Burn bridges once an object is picked up or moved it can never be placed back exactly where it was when it was first found. Therefore if you pick up evidence you have burn the bridge of scene integrity.

Never touch or move an object until it is been thoroughly documented.

When it is picked up it should be properly packaged and removed from the scene to avoid contamination.

There is no such thing as a typical or routine scene.

Crime scene technicians are concerned with physical and forensic evidence:

fingerprints, bloods batters, DNA

detectives are concerned with:

identifying the victim, cause of death, time of death, and criminality of the act.

Until we process the scene there is no way of knowing what type of forensic evidence is present. We may think we know but will never actually know until the scene is done processing.

Proper processing can eliminate defense strategies. If we don’t do a thorough job the defense attorney could speculate that we missed something that would give the real information about what happened.

It is better to have evidence and not needed in the needed and not have it.

Investigative steps

initial walk-through

method of entry

interaction with the victim

how prepared was the offender

crime scene documentation

videotape

photography

first chance for detectives to enter the scene and observed the condition.

Conduct this with the detective and crime scene technician.

Technicians are looking at the extent of the scene, determining the order to process, the need for specialized equipment, or other technical aspects. Detectives should observe physical and forensic evidence, focus on offender behaviors.

Method of entry

how did the suspect entered the scene. This could tell you something about the offender. Was there forced entry or not? If no forced entry may be the victim knew the offender for they were able to convince them to let the men.

Interaction with the victim

what interaction did the offender have with the victim prior to or after death.

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postmortem behaviors can provide a key to a suspects motive

how prepared was the offender

six much thought and preparation to defend or give before the crime

Colts neck Jewish murderers

organized offenders and disorganized offenders.

impulsive offenders act with little preparation using whatever they find at the scene of the crime

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Unforeseen factors may come up that interfere with a well organized plan. Causes offender to have an unexpected reaction.

How was entry made, Injuries? Self defense injuries? Signs of struggle? Were injuries inflicted ante mortem or post mortem? Did the offender control the victim? Were other crimes committed? What is present at the scene and what is missing?

Crime Scene Documentation

4 ways to document:

1. Video Tape

2. Photography

3. Sketching

4. Written notes

Remember: slow down to do a proper examination

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videotape

videotape is an excellent way of recording the scene as it is initially found.

It takes and everything at the scene.

Can be played back and reviewed later.

Can identify things not initially noticed.

Can be used to familiarize others with the scene.

Can impact juries.

Be careful as it can capture mistakes background noises or conversations as well.

Should be taken that I level.

Photography

one of the most vital aspects.

Four types of crime scene photographs:

1. overall

2. establishment

3. close up

4. close up with measuring device

walk up approach: starting from a distance away and slowly working in toward the subject.

Interior photos should cover 360° around the room in a panoramic effect.

Close-up photos with the measuring device should always be taken at a 90° angle.

Close-up photos backs palms and fingers.

When the body is moved by the medical examiner we will want to photograph the underside of the body.

Don’t move the body until the medical examiner is ready to remove the body.

Take photos of the scene after it is processed.

Sketching

drawing a scene from a Birdseye view.

Shows spatial relationships.

Notes

documenting observations at the scene and crime scene notes.

Recording observations that cannot be recorded or photographed

temperature humidity weather

unusual noises or odors and lighting conditions.

Crime scene from the detective’s perspective

1. time is death

2. background information on the victim

time of death

one of the main focuses of the detective

used to compare other information such as statements alibis

the longer they’ve been dead the harder it is to determine the time of death.

Victimology

understanding the relationship between the victim the offender and the crime

evaluating the crime scene

indoor scene at businesses

indoor scene at residence

outdoor scenes

location where body is found is referred to as the primary scene all other locations are known as secondary scenes