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EVIDENCE/ CRIME SCENE Sgt. Natalizio Detective McGuire Village of Chester P.D. Slide 2 EVIDENCE What is Evidence? Any item seized, taken, collected or otherwise obtained by any member of the Village of Chester Police Department which may implicate or clear a person(s) of a criminal charge. Slide 3 EVIDENCE Non-evidence? Property of no evidentiary value that comes into the custody of a law enforcement agency (not known or suspected of being pert of criminal investigation) Found property Inventoried property Property kept under a court order Slide 4 EVIDENCE What is Property? Any item seized, taken, collected or otherwise obtained by any member of the Village of Chester Police Department which is evidence, found property, or taken for safe keeping. Slide 5 EVIDENCE Evidence Officer: Agency member(s) who are authorized by the Chief of Police to be accountable for the control and maintenance of all evidence accepted by or stored in the Village of Chesters evidence room(s). Slide 6 EVIDENCE Property and Evidence Management? Processes, policies and procedures a law enforcement agency follows when collecting, maintaining, preserving and disposing of evidence and non- evidence. Slide 7 EVIDENCE Safe and secure property/ evidence storage should be among the top priorities for any law enforcement agency. Slide 8 New York State Law Enforcement Accreditation Slide 9 EVIDENCE New York State Law Enforcement Accreditation Standard 7.1: Storage of Evidence Standard 7.3: Inventory Control Standard 51.4: Labeling Evidence Standard 51.5: Transfer of Evidence Slide 10 Chain of Custody Slide 11 EVIDENCE Chain of Custody? Comprehensive document history indicating seizure, custody, transfer, analysis and deposition of evidence. Slide 12 EVIDENCE Chain of Custody Assures continuous accountability Initiated by individual taking initial possession Must be chronological and completely documented to withstand legal challenges of authenticity Protects individuals in contact with evidence Minimize individuals in chain Slide 13 Temporary Storage Slide 14 EVIDENCE Temporary Storage? Is the time period between which seized item(s) is left at the station by an officer and the evidence officer actually receives the item(s). This time period could last from a few hours to a few days. Slide 15 EVIDENCE Temporary Storage Must be a secure environment (theft/ tamper free) Restricted access Prevent cross-contamination Slide 16 EVIDENCE Temporary Storage Courts have ruled items placed in temporary storage technically received by the evidence officer. Evidence stored in the property/ evidence room is deemed to remain secure within the chain of custody. Slide 17 EVIDENCE Temporary Storage Special Designated Areas: DNA Refrigeration (liquid blood, urine, semen) Freezer (fecal material, vomit) Dry (bloody, wet material, swabs) Slide 18 Long-term Storage Slide 19 EVIDENCE Long-term storage? Is the maintenance and storage of property/ evidence collected during an investigation. Slide 20 EVIDENCE Long-term Storage Identify Storage Areas: High level security Firearms Controlled Substances Currency DNA Hazardous/ Flammables Perishables/ Food Oversized/ bulky Slide 21 Packaging Slide 22 EVIDENCE Packaging Each type of evidence requires unique guidelines for packaging and preservation. Slide 23 EVIDENCE Packaging A container is properly sealed only if its contents cannot readily escape and only if entering the container results in obvious damage/ alteration to the container or its seal. Slide 24 EVIDENCE Packaging The actual seal itself must be sufficient to prevent the possibility of the item(s) contained from being lost or removed without altering the seal or from being contaminated by outside sources so as to alter the integrity of the evidence. Slide 25 EVIDENCE Sealing Forensic Evidence All seals must bear initials or identification of person sealing evidence. Clearly mark hazardous material. Package material to prevent injury. Slide 26 EVIDENCE Controlled Substances/ Marijuana Package in clear plastic except for marijuana. Package to prevent loss and/ or cross-contamination. Keep drugs from different sources separate. Keep drugs separate from other types of property. Slide 27 EVIDENCE Marijuana/ Plant Material Place in paper bag. Mold (Aspergillus) health hazard. Slide 28 EVIDENCE Liquid Material Be cautious of liquids. They may be composed of drugs, explosives, corrosives or dangerous material. Labels may/ may not describe material actually in container. Package to prevent breakage/ leakage and label containers accordingly. Slide 29 EVIDENCE Syringes Secure syringe to prevent exposure of needles. Commercially available sharps containers. Label as Biohazard. Slide 30 EVIDENCE Biological (DNA) Evidence Allow evidence to air-dry prior to packaging. Dry evidence in room with adequate ventilation. Clean drying area with 10% Bleach solution and allow to dry completely. Slide 31 EVIDENCE Biological (DNA) Evidence Protect DNA evidence from heat, direct sunlight, humidity. Refrigerate or freeze (tissue samples, condoms). Never freeze liquid tubes of blood. Slide 32 EVIDENCE Biological (DNA) Evidence Package DNA evidence in paper. Use plastic only for organs, large amounts of liquid and tissue with danger or penetrating paper. Seal paper container with tape. Slide 33 EVIDENCE Biological (DNA) Evidence Package each item separately. Use packaging larger than item. Package carefully to prevent stain transfer or evidence damage. Slide 34 EVIDENCE Biological (DNA) Evidence Secure sharp items in cardboard box. Package swaps to allow drying and prevent cross- contamination. Label item with warnings and hazards of contents. Slide 35 EVIDENCE Multi-media Digital Evidence Do not use packaging materials that produce static electricity. Use bubble anti-static wrap. Package to prevent damage. Keep multi-media evidence away from magnetic sources (radio transmitters, etc.) Slide 36 EVIDENCE Multi-media Digital Evidence Avoid folding, bending or scratching computer media. Do not expose to environmental conditions. Keep evidence dry. Slide 37 EVIDENCE Questioned Documents Evidence Place evidence in plastic bag or paper envelope without metal clasp. Label envelope prior to inserting evidence. Do not alter document. Package each document separately. Slide 38 Right of Refusal Slide 39 EVIDENCE Right of Refusal Evidence Officer will have the authority to refuse property/ evidence due to: Improper packaging Incomplete documentation Hazardous material Slide 40 Evidence Right of Refusal Maintain proper chain of custody Protect personnel Provide consistency Safety Slide 41 EVIDENCE Right of Refusal Memorandum of Property Refusal Slide 42 Purging and Disposition Slide 43 EVIDENCE Purging and Disposition Will be standardized Follow policy Evidence Officer and Supervisor in charge of evidence will be thorough in this topic Slide 44 EVIDENCE Evidence Procedures Slide 45 EVIDENCE All property turned into the Evidence Officer that is evidence in any complaint must have a completed evidence/ property report with that property. Evidence and/ or recovered property may be submitted at any time. Evidence and/ or recovered property must be placed into evidence as soon as practical after the call. Slide 46 EVIDENCE All property must be entered into IMPACT and the proper forms must be filled out before the end of shift unless otherwise approved by a supervisor. Property depending on its nature must be packaged and marked in the proper containers. Slide 47 Slide 48 EVIDENCE Employees are prohibited from storing items of evidence, found property or safe keeping property in their vehicles, desks, filing cabinets, work lockers, homes or any her area other than areas defined in this policy. Personal use of any items of evidence, found property, or safekeeping property is strictly prohibited. Slide 49 EVIDENCE Items shall be placed in the temporary evidence locker in which it fits. Items that cannot be stored in the temporary storage lockers, contraband lockers, large evidence bay, or a department approved impound lot, for vehicles, due to size, danger of the items or any other reason will be stored as advised by a supervisor or detective. Slide 50 EVIDENCE All items shall be labeled with: Description of the item, including make, model, serial #, color, or any other identifier. Case # Date and time of recovery Source of the recovery Location of recovery Type of offense(s) Name of suspect, owner, etc. Name of victim Name and shield # of securing witnessing officer Slide 51 EVIDENCE Monetary items of evidence, found property or property held for safekeeping (including currency, coins, or foreign money) must have a currency record form in addition to the evidence sheet. All monetary seizures whether they are evidence, found property, or safekeeping property must be verified by at least 2 officers. Slide 52 EVIDENCE All firearms submitted for any reason will be left unloaded with their action open. If an officer is unsure how to properly and safely unload a particular firearm, or a firearm must be unloaded due to the nature of the case, a certified range officer or a supervisor shall be notified for further assistance. Slide 53 EVIDENCE All hypodermic needles, blood stained evidence, or any other potentially hazardous item must be handled and sealed as to prevent exposure or danger to those who may process the items. Evidence which is wet must be packaged in paper bags or containers that will allow it to air dry. Slide 54 EVIDENCE Items which are hazardous, flammable will not be placed into evidence without consulting with the evidence officer, detective or supervisor. All DNA evidence shall be air dried prior to being packaged, then placed in a paper bag or envelope. Once packaged and labeled, DNA evidence should be kept dry at room temperature and out of direct sunlight. Slide 55 EVIDENCE All blood/ urine kits must be submitted with a NYSP Scientific Laboratory Evidence Submission form as well as evidence sheet. The officer completing the offense/ incident report via IMPACT shall make sure all property is properly documented into the system. Found property which has little or no value such as glasses, keys, etc., may be kept at the main desk in case they are claimed and disposed of after 30 days. Slide 56 EVIDENCE Each time there is a transfer of custody of physical evidence, documentation must include: The date and time of transfer; The persons identity who receives the evidence; The reason for transfer; The name and location of where the property was transferred; Any examination performed (if applicable) Slide 57 CRIME SCENES Slide 58 What is a crime scene? Slide 59 Slide 60 CRIME SCENES VCPD Purpose and Policy Slide 61 THE PRELIMINARY INVESTIGATION Slide 62 CRIME SCENES The Initial Response Respond directly because The suspect may still be at the scene Injured persons may need emergency care A dying person may have a confession or other pertinent information to give Weather conditions may change or destroy evidence Someone may attempt to tamper evidence Slide 63 CRIME SCENES The Point of Arrival The scene may be either utter confusion or deserted. Regardless of the situation, officers must take charge immediately and form a plan for proceeding. The actions the first responding officers take at a crime scene can determine the value of evidence for investigators and prosecutors. Slide 64 Slide 65 CRIME SCENES The Point of Arrival People at a crime scene are usually excited, apprehensive, cooperative, uncooperative or confused. Therefore officers must be flexible and understanding. Slide 66 CRIME SCENES The Point of Arrival Good judgment is essential because the greatest potential for solving the case lies with those present at the scene, even though many details may not be known at this stage. Slide 67 CRIME SCENES The Point of Arrival More decisions are made in less time at the point of arrival than at any other stage in the investigation, and this is when officers obtain the most leads for subsequent action. Slide 68 Slide 69 CRIME SCENES The Point of Arrival Circumstances at the scene often dictate what is done first: The priorities are: Handle emergencies first Secure the scene Investigate Slide 70 Slide 71 CRIME SCENES Handling Emergency Situations Sometimes emergency dictate procedure. An emergency may include: A dangerous suspect at or near the scene A person seriously injured Slide 72 CRIME SCENES First Responding Officer At a crime scene, the first responding officer is responsible for the care of any injured persons and initial protection of the scene. Slide 73 Slide 74 CRIME SCENE First Responding Officer The first responding officer(s) may process the scene of minor crimes or incidents by taking photos and collecting evidence and documenting their actions in the appropriate report. However, in the event of more serious crimes or incidents, a supervisor will be contacted. Slide 75 CRIME SCENES First Responding Officer The officer will call others to assist, as needed, however responsibility for the scene remains with the officer who is assigned the call until a supervisor or detective assumed responsibilities. Slide 76 CRIME SCENE First Responding Officer Aid injured! Secure scene! Crime scene tape! Notifications! Slide 77 CRIME SCENES LOCARDS PRINCIPLE OF EXCHANGE A basic forensic theory holding that objects that come in contact with each other always transfer material to each other. Slide 78 Slide 79 CRIME SCENES If a Dead Body is at the Scene A body at the scene may immediately become the center of attention. If the victim is obviously dead, the body should be left just as it was found and it and its surroundings protected. Identifying the body is not an immediate concern. Preserving the scene is more important because it may later yield clues about the dead persons identity, cause of death, and suspect. Slide 80 Slide 81 CRIME SCENES Protecting the Crime Scene Securing the Crime Scene is a major responsibility of the first officers that arrive. Everything of a non-emergency nature is delayed until the scene is protected. Slide 82 CRIME SCENES Protecting the Crime Scene Officers should explain to bystanders that protecting the crime scene is critical and that the public must be excluded. Bystanders should be treated courteously but firmly. A delicate part of public relations is dealing with the family of someone who has been killed or seriously injured. Slide 83 CRIME SCENES Protecting the Crime Scene Crime scene protection can be as simple as locking a door to a room or building, or it can involve roping off a large area outdoors with crime scene tape. A guard should be stationed to maintain security with a crime scene log. Slide 84 CRIME SCENES Protecting the Crime Scene All necessary measures to secure the crime scene must be taken. Including locking, roping, barricading and guarding, until the preliminary investigation is completed. Slide 85 CRIME SCENES Preliminary investigation may include: Question victims, witnesses and suspects. Conduct a neighborhood canvass. Measuring, photographing, and sketching the scene. Searching for evidence. Identifying, collecting, examining and processing physical evidence. Recording all statements and observations in notes. Slide 86 PRELIMINARY DEATH INVESTIGATIONS Slide 87 CRIME SCENES Preliminary Death Investigations Every death investigation shall be considered a crime scene. Isolate and protect the crime scene from any intrusion by non-essential personnel including officers not directly involved in the crime scene investigation. Slide 88 CRIME SCENES Preliminary Death Investigations Contact supervisor/ on-call supervisor who will then contact the detective to respond to the scene. Supervisor will also notify the Chief. The detective will investigate all deaths that occur in the Village of Chester. Slide 89 CRIME SCENES Preliminary Death Investigations Crime scene log. Identify witnesses. Responding officers may conduct basic preliminary questions but should normally defer interviews for investigators. Slide 90 CRIME SCENES Preliminary Death Investigations Detective will contact M.E.s office. The deceased body may be released to a mortuary if the following conditions are met. The approval of the Orange County M.E. Office There are no indicators of foul play, accident, suicide. The deceased was under the on-going care of a physician for life threatening disease or illness. The physician agrees to sign the death certificate. Slide 91 CAPTAIN Crime Scene Tech Slide 92 CRIME SCENES Crime Scene Tech: Brief with the detective or supervisor in charge Receive a thorough briefing from the officer in charge of the crime scene. The Crime Scene Tech will be responsible for photographing the scene of the incident and shall photograph the entire crime scene thoroughly in accordance with his training. Slide 93 CRIME SCENES Crime Scene Tech: The Crime Scene Tech will be responsible for collecting, packaging, labeling, or otherwise accounting for every item of evidence gathered at the crime scene. Once the crime scene is processed, the crime scene tech will complete a detailed report. Slide 94 CRIME SCENES Crime Scene Tech: A specialist in organized scientific collection and processing of evidence. Develops, processes and packages all physical evidence found at the crime scene and provides to the lab for forensic evaluation. Slide 95 Slide 96 CRIME SCENES Major Crime Scenes Establish a Command Center Dealing with the Media Slide 97 QUESTIONS