Bexar County Sheriff's Office Policy Manual: Crime Scene Response PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number New Policy October 5, 2024 Fifty-Six Subject Office Crime Scene Respon...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number New Policy October 5, 2024 Fifty-Six Subject Office Crime Scene Response Patrol, Detention, CID References Enclosures None None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees New Policy October 5, 2025 14 Approved by: Javier Salazar, Bexar County Sheriff 56.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) to ensure the preservation of evidence for use in investigations, courtroom presentation, and preservation of witnesses at a crime scene. It is imperative that deputies responding to the initial crime scene take immediate steps to maintain the integrity of the crime scene itself and all physical evidence at or near the scene. Deputies must secure any witnesses and/or suspects at the location to ensure their safety and prevent contamination of their testimony and to facilitate the collection of accurate and reliable information. 56.02 PURPOSE This policy outlines the duties of deputies who respond to the scene of a crime or assist in the initial investigation of a crime. It is intended to provide guidelines to help preserve the integrity of the crime scene itself and all physical evidence at or near the crime scene. This policy does not prescribe the procedures or methods to be used in the highly specialized area of collection of physical evidence by Crime Scene Unit Deputies, nor does it prescribe follow-up investigation procedures. 56.03 DEFINITIONS RES GESTAE - The events, circumstances, spontaneous remarks, etc. which relate to a particular case, especially as constituting admissible evidence in a court of law. 56.04 PHYSICAL EVIDENCE A. The scene of any crime is physical evidence in itself. However, the best physical evidence is normally found at or near the site of the most critical action taken by the criminal against the property or victim. B. In order for physical evidence to be effectively used by the investigator and the prosecutor, its presence must be recognized by the deputies at or near the crime scene. C. Physical evidence must be properly preserved, recorded, and collected for it to be of use in discovering the facts of a crime. D. The first deputy to arrive at the scene of a crime automatically assumes the responsibility of securing the crime scene area from unauthorized intrusions to protect any physical evidence. E. A missing persons call for service which appears to be a crime scene needs to be handled as a crime scene. Example: forced entry, blood evidence, signs of a struggle. A Supervisor should be immediately notified. 56.05 DIMENSIONS OF A CRIME SCENE A. No set of definite rules can be applied to defining the dimensions of the scene of a crime. However, a deputy must rely on training, experience, and common sense to establish a reasonable perimeter. B. While it is entirely possible that the dimensions of a crime scene will be large, there are usually priority areas readily apparent to the trained Crime Scene Unit Deputy which should be given immediate protection. 56.06 COMMAND/SUPERVISORY DEPUTIES’ CRIME SCENE RESPONSIBILITIES A. Command Deputy 1. While the ranking command deputy at the crime scene is in charge, he/she may delegate supervision to the assigned sergeant and then will generally oversee the scene. A captain may delegate the assigned lieutenant or sergeant. The ranking command deputy will intervene when he/she observes serious breaches of established procedure. 2. Make periodic checks of major crime scenes to ensure proper procedures are being followed. 3. Exceptions are calls which involve a deputy of this agency in any major incident. Under such circumstances the ranking command deputy shall be in charge of the scene. B. Supervisors 1. Patrol Division supervisors are in charge of supervising all lower ranking deputies at any major crime scene, including follow-up investigators and Crime Scene Unit Deputies in the absence of a Criminal Investigations Division (CID) supervisor. 2. When a CID supervisor is present at a crime scene, he/she supervises the activities of the follow- up investigators and Crime Scene Unit Deputies assigned to the case. 3. In case of disagreement, the CID supervisor present at the scene will have authority in making the decision under consideration. 4. In any case(s) involving a felony or family violence, CID will be notified and will have primary authority for determining the charges to be filed. 5. Patrol Division supervisors shall proceed to any major crime scene or any crime scene where supervisory presence is required and assess the crime scene to determine: a. Whether there are sufficient deputies at the scene and request additional deputies if necessary; b. The dimensions of the crime scene and the best method of protecting the scene; 2  c. Whether the proper quadrant has been established and the deputies assigned are working it properly; d. Whether the proper information regarding the suspect has been broadcast to deputies working the quadrant; e. Whether the Bexar County Medical Examiner's Office has been notified in cases involving deaths; and f. What type of CID investigators are needed at the scene, depending on office hours or after hours for night investigators. 6. Assign deputies to specific duties required to correctly protect and process the crime scene. 7. Provide for the transportation of complainants and witnesses, if necessary. 8. Determine when and/or if the news media may be briefed and admitted to the scene , in accordance with Chapter 39 Media and Public Relations. 9. Remain at the scene as long as necessary to ensure proper protection of the scene and supervises subordinates in the performance of his/her assigned functions. 10. Ensure all deputies prepare the necessary reports. 11. Prepare a supervisor report describing any actions taken and the names and assigned duties of deputies present at the crime scene. Supervisor report will be uploaded to RMS. 56.07 DEPUTIES GENERAL CRIME SCENE DUTIES A. Deputies Assigned to a Crime Scene 1. Proceed to the crime scene and observe all conditions and events on the way to and upon arrival at the crime scene. 2. Note any remarks made by the complainant, witness, or suspect upon arrival at the crime scene. Witnesses must be identified and separated as soon as it is safe to do so, taking into account the safety and medical needs of those present at the scene or apprehensions if suspects are still on scene. 3. Pursue and apprehend the suspect if the suspect is still at the scene, visibly fleeing the scene, or in the general area of the scene. a. Give a Miranda Warning prior to Interview and/or interrogating the suspect; or b. If the crime will be investigated by a follow-up unit, the follow-up unit personnel will interview and/or interrogate the suspect. 4. Use caution when entering the crime scene so as not to destroy physical evidence. 3 5. Request Emergency Medical Services (EMS) for any injured or sick persons. 6. Ascertain the actual type of crime committed. a. If an emergency exists, the amount of time lapse involved and whether additional deputies are needed to aid the injured and secure the scene; or b. If an emergency does not exist, advise responding deputies to slow down in responding to the scene of the crime. 7. If possible, obtain a description of the suspect, the means, and direction of flight, and whether or not the suspect is armed. This information shall be relayed to the Public Safety Communications Center (PSCC) dispatcher. 8. Secure and protect the crime scene and any physical evidence by preventing unauthorized persons from entering the crime scene area. Deputies should pay particular attention to items which may contain DNA evidence. 9. Brief a supervisor prior to requesting a Crime Scene Unit Deputy to process the crime scene for physical evidence. 10. Locate, identify, separate, and interview the complainant and witnesses. 11. Prepare the proper reports which describe the offense including: a. Any vehicles, persons, or suspicious activities possibly related to the offense which was observed on the way to the scene; b. Time of arrival at the scene of the crime; c. The name of all deputies present, should supervisory deputies not make the scene; and d. Initial observations by the deputy, including any res gestae statements made by the suspect or dying declarations made by the complainant. 12. Continue protection of the crime scene and all physical evidence to maintain its integrity. Avoid handling items of physical evidence unless it is absolutely necessary to prevent its loss, destruction, or contamination. 13. When a deputy must handle evidence to protect it from loss, destruction, contamination, or for the victim to receive proper medical treatment, the deputy takes custody of the evidence, and: a. Handles the item in the least intrusive manner to avoid destroying the item, fingerprints, or other trace evidence that may be on the item; b. Marks the exact location where the evidence was found and points this out to the Crime Scene Unit Deputy; 4  c. Protects the item from loss or unnecessary handling; and d. Marks the item for later identification and turns it over to the Crime Scene Unit Deputy, if one is assigned to the call, or places the item in the property room as evidence. Care must be exercised to avoid destruction of latent fingerprints or trace evidence on the item when marking it. 14. When a deputy must handle a firearm as evidence at a crime scene either prior to the arrival of Crime Scene Unit Deputies or because he/she are not available, the deputy: a. Assumes custody of the firearm when it is obvious the firearm must be removed to protect it from loss, destruction, or contamination; b. Handles the firearm in the least intrusive manner to avoid destroying the item, fingerprints, or other trace evidence that may be on the firearm (i.e., does not rotate the cylinder, does not unload firearm); c. As soon as practical, secures the firearm by placing it in the locked trunk of the deputy's patrol vehicle; d. Records the exact location of recovery, condition of the firearm, and marks it in the least obtrusive manner possible with his/her initials; e. Places the firearm in the Property Room in accordance with policy or turns the firearm over to Crime Scene Unit Deputies upon his/her arrival and relates the location where it was found; and f. Details his/her possession of the evidence in a written report. 15. All deputies assigned, dispatched, or assisting at or near any crime scene where any apprehension has been made will prepare the necessary supplemental reports documenting the reason for responding and actions taken in regard to the call. A copy of the report will be forwarded to the respective follow-up unit. B. Crime Scene Unit Deputy Assigned to Crime Scene: 1. Upon arrival, immediately surveys the crime scene to determine: a. The type of crime committed; b. Whether additional equipment or personnel are needed to assist in processing the crime scene and request same from the dispatcher; and c. At a major crime scene, Crime Scene Unit Deputies must receive approval and direction from the Crime Scene Unit Supervisor or the follow up unit investigator assigned to the crime scene prior to processing the scene. 2. Establishes the perimeter of the crime using crime scene barrier tape, if necessary; 5  3. Processes the crime scene for evidence (i.e., collects latent fingerprints, photographs, sketches, DNA evidence, etc.); 4. Collects, documents, and preserves all physical evidence at the crime scene and places the physical evidence in the Property Room; 5. Prepares the necessary supplemental reports of all actions taken, including the names of any deputies who assisted. C. Follow-Up Unit Investigator Assigned to Crime Scene: 1. Proceeds to the crime scene when notified to do so; 2. Obtains initial information from the deputy responsible for preparing the offense report; 3. Assesses the crime scene to determine if his/her presence in the crime scene area is necessary and: a. When it is necessary to enter, uses caution to avoid contamination of the crime scene area; and b. Avoids handling, contaminating, or altering the crime scene. When it becomes necessary to move any objects before the Crime Scene Unit Deputy arrives, the follow-up unit investigator records the exact location and condition in the investigator’s report, properly marks the item, and turns it over to the Crime Scene Unit Deputy for processing upon arrival. 4. Identifies and interviews witnesses outside the immediate crime scene area; 5. Makes arrangements for witnesses to give his/her statements and advises a Patrol Division Sergeant when transportation is necessary. 6. Prepares the proper supplemental report describing the investigator’s actions. 56.08 DEPUTIES’ SPECIFIC CRIME SCENE RESPONSIBILITIES A. Homicide and/or violent crime scenes 1. In every instance, deputies call for emergency medical assistance and notify when the scene is clear of threats or hazards for medical to enter. 2. Personnel authorized to enter a homicide or violent crime scene includes: a. First deputy to arrive; b. Emergency medical personnel; c. Assigned Patrol Division Sergeant; d. Additional deputies necessary to secure and protect the crime scene; 6  e. Assigned CID investigators, CID supervisors and Crime Scene Unit Deputies including the Crime Scene Unit supervisor; f. Assigned follow-up unit personnel; g. Investigators from the Medical Examiner's Office, to include authorized contract mortuary services; and h. Command staff. 3. A Patrol Division Supervisor will assign a designated scribe deputy to document all personnel entering the crime scene. 4. Once the crime scene has been deemed secure: a. Any personnel entering an indoor crime scene will wear protective shoe coverings and gloves, where possible. b. Any personnel entering an outdoor crime scene will wear gloves. The use of any additional equipment, such as shoe covers, will be determined by a CID Supervisor. 5. The Follow-Up Unit Supervisor or his/her designee, will be responsible for the direction and coordination of the investigation. 6. When the victim is obviously deceased, the body may not be moved without authorization from the Medical Examiner or a Medical Examiner Investigator, except: a. In emergency circumstances; or b. In cases of unreasonable delay after repeated attempts to contact Medical Examiner's Office personnel have failed. 7. Before moving the victim’s body, the deputies shall: a. Make note of the original position of the victim; and b. Request the Crime Scene Unit Deputy photograph and take necessary measurements of the crime scene. 8. Upon discovery of a mysterious homicide or one in which no witnesses or suspects are apparent, or where it appears a solution to the crime may rest heavily on the development of physical evidence to identify a criminal suspect or suspects, the only deputies authorized to enter a crime scene are those specifically charged with processing the area for physical evidence. Establish a path or route in the crime scene, avoiding stepping on evidence or adding additional footprints. Have deputies wear gloves when touching doors or objects in a crime scene. After the scene has been processed, other deputies may be allowed to enter. 7  9. Deputies shall make note of any physical evidence which may be accidentally moved by medical personnel and ensure medical personnel do not contaminate the crime scene by discarding any of his/her supplies or equipment in the area. 10. Deputies shall relate to the Crime Scene Unit Deputy, the CID investigator, and any supervisory personnel, the following: a. Any changes in the victim's position; and b. Any physical evidence the deputy found necessary to pick up, the location where it was found, and any other alterations of the crime scene area. B. Crime Scenes Where Video Recordings Are Made: 1. Deputies Assigned a. If the origin is a digital recording device deputies should have some form of digital video copy (CD, DVD, Flash drive, etc.) made by the employees, manager, or owner. This digital video copy becomes the master video recording. b. If the video recording origin is locked, or a digital video copy cannot be made, contact the person in charge of the location. 1) If entry into the video recording origin is refused, a supervisor is notified. 2) If the deputy is refused custody of the digital video a supervisor is notified. If the videos are stored off-site, establish the business entity. 3) If a digital video copy cannot be made, the deputy will document any information available regarding the type/brand/manufacturer of digital video recording system, any known information regarding the video retention time of the system, the date and time of the incident as shown on the DVR system, and any contact information of an individual authorized to access/use the system. The deputy will document this information to provide for the follow-up investigator. 4) If a digital video copy cannot be made and the employee, manager, or owner indicates that the video evidence on the system has the possibility of overwriting within 72 hours, the deputy will notify a supervisor. 5) A reasonable amount of time should be allowed as long as the investigation is not prolonged or hindered. 6) The deputies shall document in his/her report all supervisors and follow-up unit investigator’s names contacted, and the decisions made. c. Deputies should not view or make copies of the master video recording without approval from the follow-up unit investigator or supervisor. Viewing of a master video recording should only be conducted by the follow-up unit personnel assigned to the crime or personnel from the appropriate CID unit unless viewing of the master video recording is needed for immediate 8  information on the crime and can be done in a manner which does not present a risk to the master video recording value as evidence, with approval from the follow-up unit. d. Maintain custody and control of the master video recording, unless the master video recording is released to a Crime Scene Unit Deputy or appropriate CID investigator at a life- threatening incident or is requested by a member of the follow-up unit. Deputies will document in his/her report the disposition of the video evidence. e. Upon completion of his/her crime scene duties, the deputy delivers the master video recording and a copy of his/her report to the appropriate locations in the property room. If the master video recording was released to a Crime Scene investigator or a member of the follow-up unit, the deputy shall attach a copy of his/her report to the master video recording before releasing the master video recording. 2. Crime Scene Unit Deputy Assigned a. Takes custody of the master video recording if the crime is a life-threatening incident; b. Releases the master video recording to a member of the follow-up unit, if requested; or c. Returns the master video recording along with a copy of his/her report and the deputy’s report to the proper location in the property room. d. If the digital video copy cannot be made, the Crime Scene Unit Deputy shall take custody of all digital video equipment including the monitor when requested by a supervisor and place it in the Property Room. He/she shall also route a copy of his/her report to the follow-up unit and appropriate CID supervisors. 3. Follow-Up Unit Investigator Assigned a. Views or takes custody of a master video recording of a crime involving a life-threatening incident. b. The follow-up unit investigator should view the master video recording to verify the incident was properly recorded. If the master video recording is made from a digital recording device the video should be viewed on another computer if available to verify the incident was properly recorded and downloaded. If the follow-up unit investigator views the master video recording, he should document the camera number(s) and six digit time (hours: minutes: seconds) of the incident. c. If the follow-up unit investigator takes custody of a master video recording, he delivers the master video recording, with copies of reports from the assigned deputy and Crime Scene Unit Deputy, along with a copy of his/her report, to the appropriate location in the property room. d. If a digital video copy cannot be made by those at the location, the investigator assigned will obtain and document the name and phone numbers of the company where the equipment was purchased along with the company which services the equipment and contact them for assistance in downloading the video evidence. 9  e. If the investigator assigned cannot make a copy of digital video evidence after contacting the servicing company, the investigator will note the names and phone numbers of those individuals he/she contacted along with the results of his/her efforts. In the case of digital video evidence in a high profile or life-threatening incident or where there is a risk that the video evidence will be lost, the investigator assigned will contact the servicing company to come out and download the evidence. If these efforts fail, the investigator will notify his/her supervisor. 4. Supervisor Assigned a. Some video recording origins are locked to prevent suspects and employees from tampering with the video recording. When requested, the supervisor determines whether forced entry into the video recording origin is necessary to recover a master video recording. b. When custody of the video evidence is refused, the supervisor will notify the follow -up unit to determine if he/she will conduct an immediate search warrant or wait to obtain the video evidence at a later date. c. When advised a master video recording cannot be made, the supervisor determines if the offense is severe enough to notify the appropriate CID investigators to respond to the scene and attempt make a digital video copy of the incident. C. Robbery of Business Crime Scenes: 1. Deputies dispatched on robbery calls approach the location of the call as if the suspect is still at the scene. In the event the suspect has fled, obtain and provide the dispatcher a description of the suspect, means and direction of flight, weapon used, time lapse, and any other pertinent information. 2. Protect the crime scene by: a. Safeguarding all entrances and exits possibly used by the suspect and allow no unauthorized person near areas where the robbery may have been; and b. Isolating the areas where the actual robbery took place (i.e., teller's window in a bank or a check-out counter in a convenience store.) 3. Show the Crime Scene Unit Deputies areas on the premises where the suspect was observed and may have touched something. D. Burglary Crime Scenes: 1. The owner or authorized representative should be present and give effective written consent for the processing of the burglary scene. a. In the event the owner or authorized representative is not available to give consent, the deputy should conduct a latent print investigation following these guidelines: 10  1) Point of entry; and 2) Point of exit. b. When the owner or authorized representative cannot be located, a supervisory deputy may authorize the processing of the burglary scene when the need exists. 2. When the Crime Scene Unit Deputy is needed and requested, the assigned deputy sees the scene is safeguarded by: a. Informing the complainant, he should not handle any object or printable surface the perpetrator may have touched until such time as the Crime Scene Unit Deputy can examine it; and b. Protecting objects or surfaces which may contain fingerprints from the weather or conditions which may destroy the fingerprints before the Crime Scene Unit Deputy arrives. 3. When a safe has been entered, the deputy secures the immediate area surrounding the safe, the entry, and the exit point of the perpetrator, and notifies the appropriate follow -up investigators, as he/she may need to come to the scene. E. Burglary of Vehicle Crime Scenes: 1. Burglarized vehicles are processed for latent fingerprints when: a. An arrest has been made; b. There is a suspect in the case and a possibility exists for developing latent prints in the interior of the vehicle; c. The theft involves the loss of objects of great monetary value; or d. The complainant requests the vehicle to be printed. 2. The owner or authorized representative should be present to give effective consent for the processing of the vehicle. a. The owner or authorized representative may refuse to allow the vehicle to be fingerprinted. b. When the owner or authorized representative cannot be located, a supervisor may authorize the processing of the vehicle when the need exists. 3. A Crime Scene Unit Deputy or patrol deputy is not sent on cases reported to an expediter unless a request of an investigator and the owner of the vehicle requests fingerprints to be taken. 11 F. Recovered Stolen Vehicle Scenes: 1. A patrol deputy is dispatched to print recovered stolen vehicles at the scene, unless an investigator request a Crime Scene Unit Deputy or unless the owner of the vehicle specifically requests the vehicle not be printed. 2. If a Crime Scene Unit Deputy is unavailable to be dispatched prior to the vehicle being impounded, or a patrol deputy is unable to dust for latent finger prints, a Crime Scene Unit Deputy, when available, is dispatched to vehicle storage location to print the vehicle. 3. The patrol deputy or Crime Scene Unit Deputy makes every effort to conduct the processing of the vehicle at the scene of recovery, unless the following prohibitive circumstances exist: a. Inclement weather; b. Inadequate lighting; or c. The seriousness of the offense requires the Crime Scene Unit Deputy to move the vehicle to the BCSO property room, garage bay for a thorough processing of the vehicle. G. Forged Check Scenes: 1. Deputies are dispatched and shall handle forgeries (i.e., suspect at scene, possibility of apprehension, or in custody, etc.) as follows: a. Deputy makes the scene and takes appropriate action; b. Notifies CID; c. Handles the report; and d. If the CID Unit is not available, the deputy makes the arrest and any necessary reports. 2. This subsection only pertains to forged checks and not credit card abuse, counterfeits, money orders, hot checks, etc. H. Sex crimes: 1. Refer to BCSO Policy Chapter 19 Evidence, Collection, Destruction, and Property Handling (19.05 Blood and other evidence) and BCSO Policy Chapter 35 Child Pornography Investigations. I. Preservation of Firearms Evidence/Reporting Stolen Firearms: 1. When a firearm is recovered, found, or confiscated as evidence, the proper handling of the weapon is a priority to preserve any evidentiary value. This type of recovery, finding, or confiscation would include, but not be limited to, the following examples: a. A firearm is used or suspected of being used in any assault type of offense and is found at or near the scene of the offense or found on a suspect; 12  b. A firearm is found hidden in a vehicle, not in the possession of an individual, during a legal search of the vehicle; and c. A firearm is found in a location which would tend to indicate it has been dumped, discarded, or lost by a suspect involved in any assault offense. 2. When a firearm comes into the custody and control of a deputy and the possibility exists the weapon has been used in any type of violent offense or criminal activity, the deputy immediately notifies his/her supervisor of the circumstances of the recovery. a. If the supervisor determines the firearm is to be processed as evidence, a Crime Scene Unit Deputy is to respond to the scene to take immediate charge of the evidence. b. If the supervisor determines the firearm is of no evidentiary value or the evidentiary value has been lost, for whatever reason, this decision shall be included in the text of the deputy's report of the incident. 3. Whenever a deputy recovers, finds, or confiscates a firearm as evidence, the firearm will be processed in accordance with policy. 4. Whenever a firearm is reported stolen, a deputy, in addition to completing the required report, shall immediately report the stolen firearm(s) to the PSCC dispatcher by telephone for entry into NCIC/TCIC. J. Preservation of Digital Evidence: 1. If it is anticipated digital evidence will be present at a crime scene and time permits (i.e. search warrant), CID should be contacted prior to entry. A CID investigator should be present during the execution of search warrants where digital storage devices are anticipated (with prior approval from the CID supervisor). 2. Deputies encountering digital storage devices should use caution so as not to damage or destroy the digital evidence. Deputies should not manipulate switches, buttons, keyboards or any other input devices on digital storage devices unless instructed to do so by a computer forensic investigator. If switches, buttons, keyboards or other input devices are manipulated, this shall be documented in a written report. A copy of this report should accompany the computer to the property room or computer forensic lab. 3. If a digital storage device is located and it is determined to be related to a criminal offense, CID should be contacted. The CID Supervisor will determine if an investigator should respond to the scene. 4. If a CID investigator does not respond, The CID investigator may direct a deputy to collect the digital storage device. The digital storage device(s) may be placed in the property room or taken to the computer forensic lab for forensic analysis. 13 K. Crime Scenes in the Bexar County Adult Detention Center (BCADC): 1. Crime scenes in the Bexar County Adult Detention Center (BCADC) requiring a Crime Scene Unit Deputy and investigator response will follow the listed procedures: a. Deputies assigned to the Adult Detention Center are responsible for securing crime scenes in his/her assigned units, corridors, offices, etc. This includes marking off and securing from contamination areas that contain blood or other evidence. b. Deputies will respond to the initial emergency according to the policy and procedures listed in the Detention policy manual and Texas Commission on Jail Standards and then immediately inform his/her floor supervisor of the existence of a potential crime scene. c. If there are witnesses, deputies will immediately separate them as soon as it is safe to do so and keep them available for CID to interview. d. The responding floor supervisor ensures that the crime scene itself has been properly isolated and preserved, that potential witnesses are separated and available for CID. e. The floor supervisor will immediately notify the on-duty CID supervisor who will respond to the crime scene and will take over supervisory responsibility as outlined in this Chapter. 2. In custody deaths will be handled according to Detention Policy 900.15 In-Custody Death Procedure. 14