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9 Unit 1: The Crime Scene Lesson 1: Evidence Rules And Concepts Lesson Goal At the end of this lesson, you will know how to apply the rules and concepts of evidence to a crime scene and follow-up investigation to support a successful prosecution. Think About...

9 Unit 1: The Crime Scene Lesson 1: Evidence Rules And Concepts Lesson Goal At the end of this lesson, you will know how to apply the rules and concepts of evidence to a crime scene and follow-up investigation to support a successful prosecution. Think About This Dispatch sends you to an in-progress burglary crime scene. When you arrive, the investigator asks you to col- lect evidence. What type of evidence might you look for? A crime scene is the site or sites where a crime occurred, including an area or areas that contain evidence from the crime committed. A crime scene can be a location, a person, a place, or an object associated with criminal behaviors. Fingerprints, photographs, physical evidence, and eyewitness testimony that you col- lect at a crime scene may prove that the suspect committed the crime. Making sure that evidence is collected in a correct and timely way helps officers understand what hap- pened at the crime scene. The rules and concepts of evidence guide officers toward completing the inves- tigation successfully. Function of Evidence The Florida Evidence Code, found in chapter 90 of the Florida Statutes, provides the basic concepts and rules of evidence that may be used in a criminal or civil proceeding. Evidence is anything that tends to prove or disprove the existence of a fact. There is a legal distinction between evidence and proof. Evidence is information that is allowed in court, while proof is the effect produced by that information. Evidence has three basic functions when offered in court: to prove or disprove a crime to support or undermine other evidence to help determine an appropriate sentence ; LE911.1. Describe the role of evidence in court Types of Evidence There are two broad types of evidence: direct and indirect (or circumstantial). Direct evidence proves a fact without an inference or presumption and which, if true in itself, conclusively establishes that fact. For example, direct evidence that someone was speeding would be the admission by the driver that they Chapter 9 Crime Scene Follow-Up Investigations / 353 were speeding, speed measurement device results, and testimony from eyewitnesses who saw the driver speeding. Indirect or circumstantial evidence requires an inference or presumption to establish a fact rather than personal knowledge or observation. An example of indirect or circumstantial evidence is eyewitness testi- mony that the defendant entered the victim’s home around the time of the crime. It requires the judge or jury to infer or assume from the evidence that the defendant committed the crime. ; LE911.2. Differentiate between direct and indirect evidence Direct and indirect evidence presented in court can be testimonial, physical, or documentary. Testimonial evidence is a witness statement that tends to prove or disprove facts about the case. It includes the testimonies of law enforcement officers, experts, and other witnesses. Testimo- nial evidence is generally less reliable than physical evidence, because people perceive events differently, do not remember accurately, or lie. Physical or real evidence refers to actual objects offered to prove or disprove facts about a case. This is evidence which plays a direct part in the crime in question. Examples include items such as trace evidence, biological and touch DNA evidence, impression evidence, firearms evidence, electronic evidence, chemical, or toxicological evidence, and questioned documents evidence. When you correctly identify, protect, collect, preserve, transport, and analyze physical evidence, it is less likely to deliver false results. A later lesson in this chapter discusses how to process physi- cal evidence. Physical or real evidence is crucial for the prosecutor, because it gives the jury something to touch and take back to the jury room while they conduct deliberations. Physical evidence can either be fruits of a crime, instrumentalities of a crime, or contraband. Fruits of a crime are the objects obtained by the defendant because of committing the crime. An example is money stolen by a bank robber. Instrumentalities are the items used by the defendant to commit the crime. The crowbar used by a burglar to gain entry into the building is an instrumentality of the crime. Contraband is any property that is illegal for a person to possess based on statute, ordinance, or rule. For example, child pornography found on a computer is both contraband and evidence. Documentary evidence is anything written or printed that is offered to prove or disprove facts pertaining to the case. It includes bank records, medical records, or a certified copy of a driving history. ; LE911.3. Differentiate between testimonial, physical, and documentary evidence Admissibility of Evidence Admissibility of evidence refers to the legal requirements which must be met before a jury can see or hear about the evidence. The evidence must be deemed relevant and real so that the court should receive it. Admissibility of evidence protects the defendant’s constitutional rights, guards the jurors from being mis- led or confused, and can expedite a trial. 354 / Florida Basic Recruit Training Program (LE): Volume 1 The admissibility of evidence also depends upon several factors. The officer must obtain the evidence legally and preserve it properly. The evidence must be relevant to the case. The evidence cannot be unfairly prejudicial, confusing, or based on hearsay. The fruit of the poisonous tree doctrine holds that the court may exclude evidence from trial if the officer obtained it illegally. For example, if an illegal interrogation leads to the discovery of a murder weapon, the court may exclude both the information obtained from the interrogation and the weapon. The good-faith exception doctrine holds that if you execute a search warrant you believe is valid, but a court later determines that the warrant has a legal error, the court may still admit any seized evidence. ; LE911.4. Recognize the importance of ensuring that crime scene evidence is admissible Privileged Communication The Florida Evidence Code recognizes that the need to protect communications within certain relation- ships is more important than the admissibility of evidence obtained from those communications. Some examples of privileged communications include communication between a sexual assault counselor and a sexual assault victim, and communication between a domestic violence advocate and a domestic violence victim. These types of interactions between two parties are private, protected, and confidential, and their disclosure cannot be forced. ; LE911.5. Describe the role of privileged communications Chapter 9 Crime Scene Follow-Up Investigations / 355 9 Unit 1: The Crime Scene Lesson 2: Secure and Protect the Crime Scene Lesson Goal At the end of this lesson, you will know how to secure, protect, and manage a crime scene indepen- dently or as part of a team to support successful prosecution of a crime. Think About This You are driving to an incident that quickly becomes a robbery crime scene. There are several persons involved, most of them spectators, and you already know that one of them is injured. What actions will you take before and after you arrive? The purpose of an investigation is to determine what happened during an incident, identify and locate the suspect, and develop enough evidence to establish probable cause to make an arrest. The preliminary investigation focuses on establishing whether a criminal act has been committed and, if so, what type and when and where it was committed. The initial or preliminary incident report should clearly document the initial investigative steps taken at the scene. You may be the first responding officer to a crime scene. Your first priority is to secure, protect, and pre- serve the scene to avoid contaminating any evidence. The second priority must be to search for, identify, document, collect, and maintain the physical evidence. A successful prosecution of a case can depend on the actions of the first responding officer and the state of the physical evidence at the time it is collected. Often, officers think that the arrest is the end of their participation in a criminal case; however, they remain an integral part of the prosecution process until the case is resolved. Protecting and securing the scene begins when you arrive and ends when you release the scene to an investigator or from law enforcement custody. Respond to a Crime Scene When dispatch sends you to a potential crime scene, the operator will identify the nature and location of the alleged crime, as well as the complainant’s name and relationship to the scene location. Dispatch may also inform you if someone is injured. While driving to the scene, consider key questions that will help you assess the situation adequately: What is the location? Are any weapons involved? 356 / Florida Basic Recruit Training Program (LE): Volume 1  Has the complainant indicated the suspect’s location? How many individuals are involved? How many officers are necessary to safely contain or control the situation? Do you need additional services? Do you need special equipment? Are any special concerns or dangers associated with the call? ; LE912.1. Describe crime scene information that you need from dispatch Secure a Crime Scene After finding the incident’s location, identify officer safety concerns, any victim or witness injuries, and the need for backup. Secure the potential crime scene(s). Before conducting your investigation, make sure the crime occurred within your jurisdiction. Look for sources of information about, and evidence of, the crime when securing the scene. ; LE912.2. Determine if a crime scene is life threatening or threatening to officer safety The size of the crime scene depends on the type of crime, the type of evidence, and the location of the evidence; for example, a burglary may involve an entire apartment complex or just one apartment. Use personal observations and statements from victims and witnesses to assist in determining the extent of the scene. Crime scene perimeters should be larger rather than smaller. It is easier to reduce the size of a perimeter than to enlarge it. A larger crime scene also helps keep crowds away from the evidence. ; LE912.3. Determine the probable extent, size, and scope of a crime scene Attempt to locate and identify the point of the suspect’s entry to and exit from the crime scene by visually inspecting the scene. Evidence of entry or exit might include broken glass or pry marks around doorways. Identify the pieces of evidence farthest from the center of the crime scene. Establish boundaries for the crime scene and guard against unnecessary entrance by blocking off the area with crime scene tape. A supervisor or investigator assigned to the case may later decide to adjust the original boundaries or perim- eter of the scene, based on the size and the type of crime scene. ; LE912.4. Determine a single access point for authorized personnel Protect a Crime Scene Once you establish the crime scene perimeter, do not allow any unauthorized removal or alteration of any evidence. Curious unauthorized people can damage, contaminate, or destroy evidence at a scene. Do not allow them to enter the secured crime scene area. Officer safety is also at risk when unauthorized people enter a scene. Protect the scene until you or someone with your agency can photograph and document it. Different crime scenes may require different methods of protecting the evidence. Recognizing threats to the evidence will determine the appropriate method of protection. For example, in the case of an outdoor crime scene involving degradable, easily destroyed, biological, or trace evidence, protect the evidence from weather Chapter 9 Crime Scene Follow-Up Investigations / 357 elements such as rain, hail, lightning, or wind. The same evidence located inside a temperature-controlled house would not require the same level of protection. Once you determine the nature of the scene and the type of crime you are investigating, you can decide how best to protect it. ; LE912.5. Determine how to position authorized personnel, crime scene tape, and natural barriers Instruct people to move behind the crime scene tape, advising that refusal may result in arrest. You have the authority to arrest any person who, after receiving a warning, crosses an area marked by crime scene tape. Before you enter the scene to process evidence, determine if the location is public or private property. Pub- lic property is for the use and enjoyment of the public and is open to the public. Private property belongs to an individual and is not open to the public. A person occupying private property has an expectation of privacy that no one can violate without a search warrant or a valid exception to the warrant requirement. An officer has permission to enter private property based on exigent circumstances to conduct a sweep for potential suspects, to provide first aid, or if there is an indication that evidence will be lost, destroyed or removed prior to obtaining a search warrant or consent to search. ; LE912.6. Determine your legal authority to secure and protect a crime scene The primary officer or investigator will designate a point of entry and exit and will assign an officer to maintain a crime scene log at that location. The crime scene log is a document that details the name, rank, and agency of each person entering or leaving the scene, the date and time of the person’s entry or exit, and the reason the person was at the scene. If the investigator designates more than one point of entry or exit, they will assign an officer to each location and notify all officers to use the access point(s). The officer posted at the access point must document these details in the crime scene log. The log provides proof of crime scene security and validates the evidence collected at a crime scene. Officers not assigned to the crime scene do not have access just because they are law enforcement officers. If the evidence becomes contaminated or altered in any way, document the incident in your report. In- clude information about the original condition of the evidence and the events leading to its damage or destruction. ; LE912.7. Describe how to create a crime scene log Upon arrival, the supervisor or investigator will usually coordinate duties such as evidence collection, se- curing the scene perimeter, and other assignments. They will also assign shifts for officers, taking weather and staffing limitations into consideration. The size and type of crime scene search determine the number and type of personnel or resources needed for processing the scene. Agency policies, procedures, jurisdic- tion, and available resources will also factor into how to proceed. Larger agencies have specialized crime scene units that can process the scene and collect evidence. Other agencies require responding officers to process scenes. In some cases, agencies may call for outside assistance, such as FDLE’s crime scene person- nel. Ultimately, the responding officer’s supervisor will decide whether to request crime scene or investiga- tive assistance and determine crime scene jurisdiction for crime scene service. ; LE912.8. Describe how to relinquish a crime scene to authorized personnel 358 / Florida Basic Recruit Training Program (LE): Volume 1  Unit 1: The Crime Scene 9 Lesson 3: Manage Victims, Witnesses, and Suspects Lesson Goal At the end of this lesson, you will know how to manage victims, witnesses, and suspects at a crime scene and gather and share information with a supervisor or investigator. Think About This Dispatch sends you to help another officer with an incident involving a disturbance. When you arrive, there is one person sitting on the curb with an icepack on their face and several others standing around them. One person is yelling and the first responding officer is trying to calm them down. What are some of the first tasks you need to perform? Crimes scenes are rarely orderly, calm, and perfectly secured areas, as often portrayed on television or in the movies. In reality, crime scenes can be emotionally charged and chaotic because of the persons in- volved. There may be victims, witnesses, and sometimes suspects present. You will need to constantly shift between the three officer roles described in Chapter 1. Identify People on the Scene At the scene of an incident, identify all the people involved, including complainants, victims, witnesses, and suspects. A person can belong to more than one of these categories. For example, the victim may also be the complainant, or a person first identified as a witness may become a suspect as the investigation progresses. When establishing which people may have information, ask those present where they were and how they were involved in the incident. Determine their degrees of involvement and roles in the incident. You may not have the time or the resources to question all people at the scene; determine who has the most infor- mation and knowledge of the incident. Ask the victim or the complainant who was present during the crime or event to name any potential witnesses of the incident. In addition, ask any witnesses if anyone else was involved and, if so, what their roles were. This will help verify individual statements. In your notes, document the names, dates of birth, genders, races, addresses, and telephone numbers of all people involved. Ask vital witnesses to stay at the scene for interviewing. Witnesses may try to leave or remain in the background when you attempt to ask them questions. People who do not want to be involved may say little or nothing so that they can leave the scene quickly. ; LE913.1. Identify who to question at a crime scene Chapter 9 Crime Scene Follow-Up Investigations / 359 Separate Involved People In a criminal investigation, you must keep victims, complainants, and witnesses separated. Tell them not to talk to each other or discuss the incident with anyone until after you complete their interview. This keeps them from coordinating their accounts of what happened. Place people in separate locations, near the crime scene area, but in a place that poses no risk of contaminating evidence. Ideally, they should be far enough apart so that they cannot hear or see each other. If separate rooms are not available, isolate people within one large room by placing them on opposite sides of the room with their backs to each other. Make sure that there is enough distance between them so they cannot have physical contact. Another possible controlled area is inside a patrol car. However, due to space limitations, place only one person in each car. If necessary, another officer can stay with each person to ensure control and safety. Separating involved people will help each one focus on what they saw or heard and maintain the integrity of their statements. Multiple witnesses who have experienced the same event never recall the same de- tails. A witness overhearing another person describe the same event may be tempted, even unconsciously, to repeat the other witness’ version of the crime. Working together, they may come up with accounts that differ from the facts. Some of the people involved may try to intimidate others into giving false information. Make sure that while victims or witnesses are giving statements, no one can intimidate them visually or verbally. If a sus- pect or another witness attempts to influence witnesses’ statement, you may need to remove them from the scene. An interviewee may want to help the suspect by diverting evidence of involvement away from them. Peo- ple involved may also try to pass evidence, such as a weapon or contraband, to each other to hide it. Separating family members during a crisis might make a difficult situation worse. Use your best judgment and react with empathy when assessing whether separating family members is necessary. In a child abuse incident, for example, separation of certain family members may not be appropriate. If an interviewee is suffering from physical or mental trauma, make a note to interview this person later when they have recovered. For safety reasons, always maintain visual contact with victims, witnesses, complainants, and suspects. ; LE913.2. Explain the process for separating victims, witnesses, and suspects Injured People When injured people are at the scene, responding officers may have to provide first aid. If you are providing emergency first aid and the victim does not have life-threatening injuries, consider asking the victim direct, fundamental questions about how they sustained the injury, such as: Who hit you? What did the suspect use to hit you? Where were you hit? Where were you standing when you were hit? When were you hit? 360 / Florida Basic Recruit Training Program (LE): Volume 1  How were you hit? Why were you hit? Look at the victim’s injuries and record detailed observations in your notes, keeping in mind that you will use them to create reports and refresh your memory when testifying. Florida law allows officers to review footage from their body-worn camera, which will assist in this process. Note whether the information the victim provides appears to be consistent with the injuries and evidence at the scene. Checking for consis- tency requires noting specific information regarding the location, size, and type of injury. Tell the victim that if bruising intensifies, to notify law enforcement to photograph the bruise again as documentation, as bruises tend to change color with time. Record the names of medical personnel who provide services to the victim, because the court may call any of them as a witness. ; LE913.3. Describe how to gather information related to victim injuries Share Information With a Supervisor Share information with your supervisor or investigator, including: when the incident occurred how it occurred where it occurred all evidence gathered or specific items that are still the focus of a search descriptions of all property involved in the incident (obtained from complainants, victims, or wit- nesses who can identify the property) the names and descriptions of victims, witnesses, and possible suspects a description of the suspect’s vehicle, if applicable and if known any special concerns on the scene such as biohazards, a hostile crowd, at-large suspects, and severe injuries how the scene is being handled and protected the scene’s boundaries and protection measures a plan for the continued investigation of the incident and the search for evidence the identity of the public information officer who is communicating with the media (When deal- ing with the media or designating an assigned authorized spokesperson on the scene, refer to agency policies and procedures.) ; LE913.4. List the information to provide to the chain of command Chapter 9 Crime Scene Follow-Up Investigations / 361 9 Unit 1: The Crime Scene Lesson 4: Document the Crime Scene Lesson Goal At the end of this lesson, you will know how to photograph and sketch the crime scene and associ- ated evidence, including evidence on a person while ensuring privacy and dignity. Think About This You respond to an incident that results in a dead homeowner. You and a fellow officer have secured the crime scene and interviewed the witnesses. What steps should you take to document the crime scene before you begin to collect the evidence? Photograph the Crime Scene Photographing the scene is the first event that should take place when documenting a crime scene. Pho- tographing allows people who were not present at the original scene, including the court and the jury, to gather information and “visualize” how the crime scene looked on the day you responded. Photos or sketches also help victims and witnesses refresh their memory as time goes by. ; LE914.1. Determine when to photograph a crime scene Broadly, crime scene photography moves from general to specific; take overall, midrange, and then close- up photographs. Begin at the perimeter of the crime scene and take a series of shots by framing an all- inclusive or four-corner view of the scene. The midrange view shots show the relationship between the evidence items within the scene. Close-up shots show the details of a specific item of evidence and must include a scale or identifier. A scale or identifier is usually a ruler or yardstick providing a form of measure- ment. For example, if your crime scene were a room, the overall would be photographs of the room from all four corners. The midrange would be photographs of the sofa, and the close-up would be the blood on the sofa. For the photographs of the blood on the sofa, you would use a ruler to identify size of the area. Look at all photographs after taking the pictures to make sure that they are in focus. Use proper lighting so that the photographs are neither too dark nor too light to see detail. Proper lighting also avoids glare and flashback from a mirror or glass. Standard camera flashes will project only 9-12 feet. Consider flood lighting with a flashlight, or using your vehicle spotlight or headlights if the overall picture requires you to photograph the scene from more than 9-12 feet away. ; LE914.2. Describe the appropriate photographic equipment to document a crime scene Photographic framing is composing the photograph so that it depicts what you are trying to document. For example, in overall or midrange photography, overlap the photos to show the relationships of items in the crime scene. All objects photographed must be important or relevant to the scene. Avoid including bystanders, other officers, your equipment, or pets in crime scene photographs. 362 / Florida Basic Recruit Training Program (LE): Volume 1 You can use a flashlight for enhanced lighting. Use oblique lighting, better known as side lighting, when photographing shoe/tire impressions or tool marks. This lighting technique uses the flashlight at a low angle to show details by creating shadows on the surface of the impressions. Keep extra batteries for both the camera and the flashlight. Use your agency digital camera with a flash. Do not use a personal cell phone camera. Avoid using an agency-issued cell phone camera; the court may subpoena the information on your phone. Follow your agency policies and procedures regarding using a body camera to photograph a crime scene. ; LE914.3. Describe how to photograph a crime scene Photographing perishable, transitory, or fragile evidence ensures its documentation and preservation. Ex- amples of perishable evidence can include blood, footprints, and tire impressions, or trace evidence, such as hair or fibers. Transitory evidence is evidence that can blow or wash away. Fragile evidence can include a bullet hole in glass held in place by a thin window tint. Based on the circumstances at the scene, you need to photograph these types of evidence first. ; LE914.4. Describe how to photograph specific types of evidence in the crime scene When photographing specific items, such as blood drops, weapons, or tire marks, place a scale or identifier in the photograph with the evidence to establish the original positions and draw attention to relevant ob- jects or evidence. The scale or identifier should be as close as possible to the item you are photographing to avoid creating optical illusions that misrepresents the actual size of the item (items looking larger or smaller based on placement of the scale or identifier). Most agencies provide rulers or cards with rulers on them. Other examples of scales or identifiers are Miranda cards, dollar bills, or coins. ; LE914.5. Explain where to place a scale or identifier Photograph People A person can be a crime scene or part of a crime scene. Visible evidence that can be present on the vic- tim or witness includes bruises, lacerations, broken bones, gunshot wounds, blood, and trace or transfer evidence. A suspect does not have the right to refuse photographing injuries, such as scratches from the victim or blood evidence. Apply the same photographic perspectives—overall, midrange, and close-up—when documenting injuries and evidence on people. Use a scale or identifier to document the extent of the injury. Photographs of individuals should be taken in an area that affords privacy for the person being photographed. Be sure the individual approves the officer taking the photographs and the officer who is acting as the witness in the space. If you need to take photographs of an injury to any external genital organs, provide the victim op- tions regarding which officer will observe and which officer will photograph the injuries. ; LE914.6. Describe how to photograph evidence on a person Sketch the Crime Scene If you are going to sketch the crime scene, do this after photographing the scene and before you begin any detailed work. A crime scene sketch supplements your field notes and photographs and helps with report writing. Sketches aid in the reconstruction, explanation, and permanent recording of an incident. They can show positions of objects in relation to one another that are not easily visible in photographs. Use sketches Chapter 9 Crime Scene Follow-Up Investigations / 363 to document where you recovered evidence in the scene. You may use the sketches during interviews with witnesses, victims, and suspects to correlate testimony. If you use these sketches during an interview, in- clude them in the report, as they are admissible in court. ; LE914.7. Determine when to sketch a crime scene Document Photographs and Sketches Before you begin to photograph or sketch a crime scene or a person, write the following information on a piece of paper or whiteboard and take a photograph, or type this information into the electronic device that you will use to sketch or take the photograph: case number location date and time officer’s name Indicate in your report that you photographed or sketched the crime scene or person. You will need to be able to testify that the photographs or sketch are true and accurate representations of the crime scene or person, as they appeared when you sketched or took the pictures. ; LE914.8. Describe how to document the photographs or sketches of a crime scene and evidence on a person 364 / Florida Basic Recruit Training Program (LE): Volume 1 9 Unit 1: The Crime Scene Lesson 5: Evidence-Handling Procedures Lesson Goal At the end of this lesson, you will know how to search for and recognize several types of evidence; collect, package, and preserve evidence; and initiate a chain of custody. Think About This Dispatch sends you to a residence after receiving a call from someone who stated their partner attacked them. You arrive at the apartment complex and find someone with cuts and bruises on their face and arms, and wearing torn clothing. Your fellow officer notices drug paraphernalia on the dining room table next to a bag of white powder. The victim tells you that the drugs belong to their partner, who keeps guns in the apartment. How are you going to proceed with processing the evidence? Cautionary Note: Always use the appropriate standard precautions and apply PPE when searching and han- dling evidence. Keep in mind that exposure to certain substances can be harmful or fatal. Search for Evidence The type of crime committed determines the types of evidence to search for at a scene. For example, at a burglary scene, search for evidence of illegal entry, such as pry marks on a doorframe or broken windows. When searching, use a systematic approach or pattern. The type of crime scene will help dictate the pat- tern. Study the whole scene first, keeping in mind that the relationships of the items’ positions may be important. Use one or more of the following search patterns: grid—often used indoors, this is a variation of the strip/line search pattern. Searchers overlap a series of lanes in a cross pattern, making the search more methodical and thorough. spiral—usually used outdoors by one person. The searcher begins at a certain point and walks in increasingly larger circles to the outermost boundary of the search area. strip/line—usually used outdoors by several people. Divide the search area into lanes. Have one or more people search each lane by moving in both directions, examining all areas. zone/quadrant—used for vehicle searches, both indoors and outdoors, or a large area. Divide the area into four different sections and search each area using one of the patterns above. ; LE915.1. Describe how to conduct a building or grounds search for evidence Chapter 9 Crime Scene Follow-Up Investigations / 365  Figure 9-1: Grid search Figure 9-2: Spiral search pattern Figure 9-3: Strip/line search pattern Figure 9-4: Zone/quadrant search pattern 366 / Florida Basic Recruit Training Program (LE): Volume 1 Types of Physical Evidence At any crime scene, the victim, witness, and suspect usually leave or take away some sort of evidence. A few examples of evidence that you may find and collect are fingerprints, shoe impressions, blood, fibers, hair, tool marks, paint scratches, broken glass, body fluids, controlled substances, electronics equipment and computers, firearms, broken or damaged materials, tire track impressions, documents, and bones. Types of Physical Evidence Trace hair, fibers, clothing, paint chips, transfer evidence, glass, wood, soil, dirt Biological blood, semen, saliva, bones, teeth, body tissues, hair, touch dna Impression fingerprints, tire, shoe, footprints, bite marks, tool marks weapons, projectiles, gunshot residue, cartridge cases, tool marks, Firearms database information cell phones, thumb drives, laptops, notebooks, tablets, computers, smart Electronic home and security devices, external hard drives, digital cameras, CDs, DVDs, VHS tapes, answering machines, digital recording devices Chemistry/ blood alcohol levels, drugs, poisons Toxicological Questioned checks, bank statements, address books, wire transfers, credit cards, phone Documents bills, photographs or cameras, photocopies ; LE915.2. Identify the types of evidence found at a crime scene Chapter 9 Crime Scene Follow-Up Investigations / 367 Try to identify the possible sources of evidence. You should create a triangle of evidence (see Figure 9-5) that connects both the suspect and the victim to the scene. Talking with the victim and witnesses can help determine what evi- dence belongs to whom. For example, if a substance appears to be blood, determine whether the victim or the suspect might be injured. Some evi- dence will be unidentifiable; the crime scene unit or laboratory can as- sist in identifying, comparing, and interpreting such evidence. Some surfaces may contain contaminants that require expert processing. Never handle evidence with your bare hands. Practice univer- sal precautions and apply PPE whenever you handle or collect evidence. PPE will protect the evidence from contamination and you from exposure to dangerous substances. Depend- ing on the type of evidence you are collecting, you may need booties, facemasks, goggles, aprons, and other protective clothing or gear. Change gloves between collecting each piece of evidence needing DNA Figure 9-5: Triangle of evidence analysis. ; LE915.3. Determine the type of PPE to apply before collecting evidence Change PPE as often as necessary. Do not become a source of cross-contamination. If you touch the vic- tim, witness, or suspect and then touch the crime scene wearing the same gloves, touch DNA may cross- contaminate the scene. There are special considerations for handling specific types of evidence. Proper tools, equipment, contain- ers, and packaging help prevent contamination and degradation of evidence. For example, wet evidence, such as items soaked with body fluids or living plant material, must be air-dried, packaged in breathable containers, such as paper bags, or both. If packaged improperly, wet items will deteriorate to a point where they have no value as evidence. Place each piece of evidence collected for DNA analysis in its own, separate container. Your agency policies and procedures will identify specific evidence-handling procedures. ; LE915.4. Describe the appropriate packaging materials for evidence Trace Evidence Trace evidence is small quantities of material transferred from a victim or suspect to each other or to a crime scene. Trace evidence can include human hair, animal hair, textile fibers and fabric, rope, feathers, soil, glass, and building materials. Microanalysis is the process of analyzing trace evidence with a micro- scope to determine a possible source or origin. ; LE915.5. Identify the types of trace evidence 368 / Florida Basic Recruit Training Program (LE): Volume 1 Sometimes fibers transfer between the clothes of the victim and the suspect. Fibers can come from cloth- ing, carpet, rope, vehicle carpeting, upholstery, or other common articles. Fiber analysis can reveal the manufacturer and other information about the source item. The relationship that fiber evidence has to the victim, the suspect, or the crime scene is crucial in many cases. Broken windows, torn screens, or other sharp edges may snag fibers during a suspect’s entry into or exit from a building. When the inside of a vehicle is part of a crime scene, examine the seat belts, airbag, steering wheel, and other places for fibers. Holding a flashlight to create sidelight and using a magnifying glass may help you spot fiber evidence. Comparing and matching fragments from a broken piece of glass can indicate a relationship between the victim, the suspect, and the crime scene. The crime laboratory can analyze the glass pieces and com- pare characteristics, such as color, density, thickness, and type of glass (tempered window, non-tempered, headlight, and bottle), to match and identify their origin. In addition, if a suspect or victim is near a piece of glass when it breaks, glass fragments may contaminate the person’s body, shoes, and clothing. The di- rection of force or the order in which glass is broken can determine on which side of the glass the suspect stood, thus establishing the suspect’s entry or exit path. Paint transfer can provide useful evidence in solving crimes such as a hit-and-run crash. Samples may show that paint at the scene and on the suspect’s vehicle came from a common source. Tools used to gain illegal entry into buildings and safes can leave paint residue. Sometimes, soil from a crime scene attaches to a suspect or victim’s clothing, shoes, tires, or other objects, and the person transports it to another location. Biological Evidence Biological evidence left at crime scenes may contain DNA. Consider all objects at a crime scene as possible sources of DNA evidence. The most common biological specimens include blood, semen, or saliva. Crime laboratory experts can identify these body fluids and, if needed, conduct DNA analysis. Sexual assault cas- es may require an examination of semen evidence. Pieces of evidence that may contain saliva and require examination include cigarette butts, drinking straws, soda and beer cans, masks, bottles, and bite marks. The crime laboratory can test for the presence of blood and if it is of human origin. Blood type and DNA identification are also possible with a blood sample. Blood evidence may include blood pooled on the floor, a wet or dried stain on upholstery or carpet, or a sample collected from the victim or the suspect after the incident. Experts can analyze the direction of blood spatter to determine the type of weapon, the direction of the attack, and the relative size of the attacker. Advancements in DNA analysis allow for the detection of identifiable evidence in objects that made contact with a victim or suspect for a short time. In some cases, teeth can serve as identification and evidence. If you discover human skeletal remains, contact your supervisor. Because of the nature of the evidence, a medical examiner or a trained forensic specialist should see the bones at the site as discovered. Certain types of biological evidence require a specific technique or expertise to collect. Follow agency poli- cies and procedures when dealing with these types of evidence. ; LE915.6. Identify the types of biological evidence Chapter 9 Crime Scene Follow-Up Investigations / 369 Impression Evidence Working edges of tools leave distinct marks on surfaces. Never try to fit a suspect’s tool into a mark. You may need to collect the entire damaged surface and submit it to the lab to compare with the suspect’s tool. Comparing the fracture sites of two or more parts of a broken, torn, or cut object and determining whether they were once whole can provide strong evidence in court. Do not attempt to reconstruct the items or process fingerprints from the pieces before submitting them. If it is not possible to submit the entire dam- aged surface as evidence, follow agency policies and procedures for proper processing. Footprints, shoe impressions, and tire impressions at the scene can link a suspect to a crime when they match an object in the suspect’s possession. You can find these types of impressions in mud, soil, or an- other pliable material. Shoe or tire prints can remain on wood, tile, paper, or paint, or in dust, blood, or grease. Crime scene technicians can cast certain impressions, such as shoe or tire impressions. Photograph these items as well to preserve them as evidence. Teeth can provide dental evidence in the form of bite mark impressions that can lead to the identity of the suspect. Photograph bite marks as soon as possible with a scale or identifier. There is a high likelihood of saliva being present in bite marks as well. ; LE915.7. Identify the types of impression evidence Fingerprints Consider all objects at a crime scene as possible sources of fingerprints. A foreign substance, like wet paint, blood, grease, ink, or dirt, transfers and makes readily visible patent prints, which form from the friction ridges or corrugated lines on fingers. A plastic print is a molded or embedded fingerprint that you can easily see, created by touching an impressionable surface, such as fresh paint, wax, bar of soap, or mud. Follow agency policies and procedures regarding photographing visible prints and determining the best method to collect and preserve this evidence. Latent prints are among the most valuable and common types of physical evidence at a crime scene. Al- though generally invisible to the naked eye, latent prints result from body residues left behind when the friction ridges of the hands or feet make contact with a surface. By examining the submitted evidence, the crime lab may be able to determine the presence of latent prints and determine if they are identifiable. When looking over a crime scene for places to locate latent fingerprints, consider how the suspect may have approached the scene, what they may have touched, how they moved about inside the scene, and how they left the scene. By tracing this, you may be able to find locations to process latent prints. Consider the types of surfaces that may be involved. To have the possibility of latent prints, you must have a surface that is conducive to having latent prints on it, for example, a rough concrete surface versus a smooth glass surface. Which one would be more likely to have a latent print? ; LE915.8. Identify possible locations of latent fingerprints 370 / Florida Basic Recruit Training Program (LE): Volume 1 Capturing latent prints can help identify the suspect(s) in the crime you are currently investigating. Once latent prints enter the print database, the database may be able to solve unsolved past crimes and crime analysts may be able to identify suspect(s) in other crimes. Make sure to preserve the latent prints you find. If you think an environmental issue, such as rain, may dam- age a latent print, collect the print before it becomes damaged or protect the item from the environmental factor. You may have to cover, move the item (after documentation), or even collect it as evidence for later processing by the crime lab. Before moving the item and to prevent destruction of the latent print, photo- graph the print with a scale or identifier in a RAW+JPEG setting on a point and shoot camera. This setting allows the raw image to remain unaltered. You cannot alter a raw image using imaging altering software. ; LE915.9. Describe how to protect the latent fingerprint location If the object the prints are on makes it difficult to collect the prints or photographing them is beyond your skill level, collect the surface object for the crime lab to process or, if possible, have a crime scene techni- cian respond to the scene. Most agencies provide officers with a basic latent fingerprint kit that includes gloves, black and light gray powder, a brush, lifting tape, and fingerprint cards. If your agency authorizes you to lift prints, have an ad- equate supply of materials on hand and get training in how to use them. Lifting latent prints is a basic skill of law enforcement. The ability to lift a latent print directly relates to your attention to detail. Lifting a print is often a “one shot” opportunity and should be treated as such. Take care to avoid smudging or smearing existing latent prints when handling and packaging evidence. ; LE915.10. Identify the equipment for collecting latent prints Follow these guidelines when dusting for and lifting latent prints: 1. Wear gloves to avoid contaminating the area with your own fingerprints and DNA. Be careful not to wipe possible prints off the surface. 2. Hold a flashlight at an angle, and look for obvious signs of a latent print. 3. Take your brush and lightly dab into the powder once you find a target area. 4. Tap and twirl the excess powder off the brush in the jar of powder. Use it sparingly, because it tends to get on everything. It is better to use too little than too much. 5. Lightly brush from side to side, or swirl the brush, on the target area. If the powder adhered to the print is too thick, brush off the excess powder with a clean brush and adjust the amount of powder. 6. When you find a print, apply the lifting tape in the following manner: a. Place a suitable fingerprint card on a flat surface nearby so that it is ready for the print you lift with the lifting tape. b. Turn under the end of the lifting tape to form a tab. c. Extend the lifting tape to a distance long enough to cover the print. Chapter 9 Crime Scene Follow-Up Investigations / 371  d. Place the rolled end of the lifting tape just above the latent print, but keep it off the print. e. Make sure that you do not trap foreign matter or air bubbles under the lifting tape. f. Smooth from the tabbed end of the lifting tape back toward the rolled end or vice versa. Use your finger, pen, or another object to smooth out the lifting tape and release any trapped air. It is the same basic process as putting a decal on a window. With time and practice, you will develop your own technique for applying the lifting tape. 7. Slowly lift the lifting tape containing the developed prints from the same end that you started rolling the lifting tape over the print, being careful not to touch the tape to another surface, such as your gloves. 8. Carefully place the lifting tape on the fingerprint card in the same way that you placed the lifting tape over the print. Place the print in the designated place on the correct side of the card. 9. On the back of the fingerprint print card, record the date, case number, the location within the crime scene where you retrieved the fingerprint, and any other information your agency policies and procedures require. Be careful not to damage the print. 10. Follow your agency policies and procedures to submit latent print cards evidence. ; LE915.11. Describe how to collect latent prints Elimination prints allow fingerprint analysts to distinguish between prints belonging to either the victims and witnesses, or the possible suspects. To make this distinction, take fingerprints from anyone who may have been at the crime scene to eliminate their prints from the pool of suspects. ; LE915.12. Describe the role of elimination prints Firearms Evidence When recovering a firearm or ammunition at a crime scene, follow agency policies and procedures for han- dling such evidence and apply PPE to avoid contaminating the firearm or ammunition with your fingerprints and DNA. This may be properly securing the firearm and making it safe, or leaving it in place for further investigation. Be aware of fingerprints, impression evidence, and DNA evidence on the fire- arm and ammunition. 372 / Florida Basic Recruit Training Program (LE): Volume 1 If you are responsible for collecting a firearm as evidence: Always properly secure the weapon. Remove the magazine. Clear all ammunition from the chamber or cylinder. Carefully examine the weapon to identify the manufacturer, country of origin, serial number, model number, and caliber. Document this information in your field notes, as you will need this information for your data- base check and final report. ; LE915.13. Describe how to safely examine a firearm as evidence Place the weapon in a firearm or evidence box; put the magazine and the ammunition in a separate con- tainer. Use the serial number to conduct an FCIC/NCIC database check on the firearm. This will tell you if the firearm is lost, stolen, or found. Under no circumstances should you insert any object into the barrel of the firearm, as it may damage the rifling in the barrel of the firearm. Rifling is the grooves inside the barrel of a firearm that provide unique characteristics of that specific firearm. ; LE915.14. Describe the role of FCIC/NCIC when determining the status of a firearm If an object contains an embedded bullet, do not attempt to remove it. A laboratory can examine firearms for fired bullets, cartridge cases, and shotgun shells to determine if the suspect’s weapon fired them. Analysts can also identify tool marks, after-market modifications, and serial number restoration, as well as examine bullets recovered from a crime scene. Electronic Evidence Electronic devices are commonly found at crime scenes and can often store vital evidence. Types of devices can include cell phones, tablets, laptops, and desktops. Media storage can include thumb drives, external drives, removable disks, tapes, digital cameras, and other data storage equipment. Do not manipulate or attempt to operate any part of the equipment to avoid possible damage to it. Computer evidence recov- ery is a complex task that requires highly specialized training. Follow agency policies and procedures for computer evidence recovery. Consider placing a mobile electronic device in “airplane mode” to keep the owner from accessing it remotely or in an antistatic Faraday bag that will prevent any communication with the seized device. ; LE915.15. Identify the types of electronic evidence Chapter 9 Crime Scene Follow-Up Investigations / 373 When you find a cell phone at a crime scene, you may not access the information contained in the cell phone unless you have consent from the owner or a search warrant. The U.S. Supreme Court, in Riley v. California, ruled that it is unconstitutional to search a cell phone without a search warrant unless there are officer safety concerns or exigent circumstances. This should not stop you from asking for consent to search a cell phone. Keep in mind that technology is constantly changing. Stay current with your agency policies and procedures regarding collecting, processing, and storing electronic evidence. Chemical or Toxicological Evidence The crime laboratory’s chemistry section analyzes substances to determine the presence or absence of any controlled substance listed under chapter 893, F.S. Analysts prepare reports of their findings and often testify in court on the results of their analyses. In certain criminal investigations where you believe the suspect or victim is using alcohol or drugs, you may submit an FDLE public records request and obtain an analysis from the toxicology section of a crime laboratory. These cases usually result from investigations of DUI, sexual assault, and death. You should be able to identify a variety of controlled substances and drug paraphernalia by sight or odor. In some cases, you will use a field test kit to test a substance before collecting and packaging it as evidence. When collecting drug paraphernalia, package sharp objects, such as needles or syringes, in puncture-proof packages clearly labeled with the words “WARNING: SHARPS.” PPE is essential when encountering any chemical or biological substances. ; LE915.16. Identify the types of chemical or toxicological evidence A particularly hazardous substance you may encounter is fentanyl or carfentanil (a more potent version of fentanyl), which you can absorb through mucous membranes in the mouth, nose, or eyes. You may find these in powder form, mixed with heroin or cocaine, as pills, capsules, eye drops, or blotter paper, or dis- guised as other drugs such as hydrocodone or oxycodone. When you encounter any substance you suspect to be fentanyl or carfentanil, follow agency policies and procedures for field-testing, collecting, packaging, and transporting. Use PPE such as gloves, long sleeves, a surgical or dust mask, and eye protection. Conduct field-testing in an open environment with no wind. You should have another officer nearby, preferably one with naloxone, the antidote for opioid overdose, to assist you if exposed to the substance. When packaging, mark the package as “suspected fentanyl.” Use caution when transporting; place it in the trunk of your vehicle. If you encounter large amounts of powder, evacuate the area immediately and call a hazmat team. When exposed to even a small amount, follow your agency policies and procedures for decontamination. 374 / Florida Basic Recruit Training Program (LE): Volume 1 Signs of exposure include: disorientation difficulty speaking or walking slowed pulse nausea slow, shallow breathing respiratory arrest You may notice signs of exposure within minutes, hours, or days. Immediately notify other officers on the scene, your supervisor, dispatch, or emergency medical assistance. Follow the protocols described in the First Aid chapter when responding to fentanyl exposure and agency policies and procedures for administer- ing naloxone. Questioned Document Evidence A document is anything containing a mark to convey a message. Questioned documents need examination to verify that they could be evidence. Questioned documents may also contain latent fingerprints and DNA. Carefully handle all documents found in a crime scene to preserve their conditions. Document analysts use a variety of scientific methods to examine documents for alterations, erasures, handwriting analysis, indentations, ink comparisons, and machine impressions. Analysis may answer questions about the docu- ment’s authorship and authenticity. ; LE915.17. Identify the types of questioned document evidence When you find money at a crime scene, follow your agency’s policies and procedures for handling it as evi- dence, and always be careful to avoid any appearance of impropriety. Should you believe money found at the scene is counterfeit, document this, and collect the money as evidence. Your agency will have a process for contacting and sending the money to the Secret Service. FCIC/NCIC maintains a database of counterfeit currency with information, such as: suspects under investigation any information that may lead to the apprehension of the counterfeiters the denomination, serial number, and location the suspect passed or transacted the money Chapter 9 Crime Scene Follow-Up Investigations / 375 Chain of Custody When you recover evidence of any kind, begin a chain of custody to document everyone who handled the evidence as well as when, why, and what changes, if any, were made to it. A chain of custody documenta- tion proves that the evidence submitted in court is the same evidence collected at the crime scene. Follow agency policies and procedures for documenting chain of custody to help eliminate ethical and legal con- cerns about handling and preserving evidence. A property receipt, written or electronic, typically records the chain of custody. Florida law states that it is a felony to alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its truth or availability in a criminal trial or investigation. The chain of custody for any item of evidentiary value will potentially encounter challenges in future court proceedings. For this reason, it is critical that the information on the chain of custody form is accurate, and completed by every person who handled the evidence. ; LE915.18. Describe how to initiate chain of custody 376 / Florida Basic Recruit Training Program (LE): Volume 1  Unit 2: Follow-Up Investigation 9 Lesson 1: Review Initial Information and Pursue Leads Lesson Goal At the end of this lesson, you will know how to initiate a follow-up investigation through incident report analysis, by following leads, and by working with field contacts and confidential sources of information. Think About This After returning to the station from an animal cruelty call, your supervisor states that you will need to con- duct the follow-up investigation on the call. What steps will you take, and what resources will you need to complete this process? Initiate a Follow-Up Investigation A follow-up investigation is a continuation of the initial investigation to determine if a crime occurred; however, it can also complete the investigation by identifying a suspect. Agency policies and procedures determine to what extent you will pursue a follow-up investigation. In some agencies, this responsibility lies with the investigations section. In other agencies, responsibility for follow-up investigations may fall to the primary officer dispatched to the call. Regardless of who completes the follow-up investigation, the tools and skills required to complete the investigation are the same. When initiating a follow-up investigation, review the preliminary report to identify the investigative leads to pursue. A follow-up investigation can include contacting witnesses, victims, and potential suspects; re- viewing evidence; locating additional evidence; and writing a capias request, probable cause affidavit, or arrest warrant. The prosecutor may need more information to make a filing decision and may request a follow-up investigation. ; LE921.1. Describe how to initiate a follow-up investigation Analyze Incident Reports To begin a follow-up investigation, locate and review the records of the initial or preliminary investigation, and establish a case file as required by your agency. Compare the list of victims, witnesses, and suspects with the case information to ensure its accuracy; review listed evidence; and determine if there is evidence that has not yet been located or analyzed. Identify any witnesses who were not available for an interview at the time of the incident or crime. Identify collected evidence that needs further processing or examination. If there is a potential suspect, identify evidence that may connect the suspect to the victim and the crime scene. Conduct a criminal Chapter 9 Crime Scene Follow-Up Investigations / 377 history check to determine whether the suspect has fingerprints on file for comparison to any latent fin- gerprints found at the crime scene. ; LE921.2. Explain how to identify leads Follow Leads A lead provides more information on a case that requires further investigation. Leads create avenues for follow up and can come from many sources, such as anonymous tips, confidential sources, social media, forensic analysis, surveillance footage, and victim and witness statements. Evaluate and document all leads to determine their value and prioritize them for follow-up based on con- tent. Leads, such as latent fingerprint identification and DNA that identify a suspect, can be a high-priority lead. Anonymous tips with little detail can be a low-priority lead; however, they may still produce valuable information. ; LE921.3. Explain how to determine the value and validity of leads Determine whether officers conducted a canvass of the area near the crime scene. If a canvass occurred, identify any residences or businesses where law enforcement was unable to contact potential witnesses. You may need to conduct a secondary canvass of the area surrounding the incident or crime scene to make contact with persons at homes or businesses where there was no response during the initial canvass. Con- sider re-canvassing the same homes or businesses for any additional information. Interviewing medical personnel and analyzing victim injuries can also provide information related to a crime. Remember to follow HIPAA regulations. Field Contacts and Confidential Sources of Information Field contacts are common sources of information, developed through community policing, and can assist you in completing an investigation. A field contact is any person you have contact with while on patrol— such as a concerned resident or an anonymous complainant—who does not necessarily generate an inci- dent report. Field contacts are often key to solving a case. Follow the guidelines outlined in community policing when maintaining relationships with members of the community and establishing a network of sources of information. Field contact information can be helpful; however, evaluate this information carefully. Consider who the contact is and what their relationship to the victim or suspect may be. Even though a person with an agenda may not always be a good source of accurate information, they may provide names or other leads worth following. ; LE921.4. Recognize the importance of building relationships for sources of information Verify a field contact’s information using known case facts or information from public records, or following other leads. For example, if a field contact provides a suspect’s vehicle description and location, you can use this information to check if it matches the information from the facts of the case. If it does, follow that lead. If information from the field contact is substantial, document the information in your field notes, as required by chapter 119, F.S. Information from a field contact may be exempt from use if it relates to an active investigation or intelligence. Forward the information to the appropriate department within your agency, as this information may be valuable to another ongoing investigation. 378 / Florida Basic Recruit Training Program (LE): Volume 1 There is a difference between a field contact and a confidential source. As discussed in Chapter 1, confiden- tial sources are people who furnish police with information about crimes, primarily for personal benefit or advantage and rarely out of a sense of civic duty. Both provide information; however, a confidential source may or may not receive compensation for information. Never promise a field contact or a confidential source any type of reward, favor, or reduced sentence. ; LE921.5. Differentiate the roles of field contacts and confidential sources There is also a difference between a confidential source and a documented confidential informant. A docu- mented confidential informant is a type of confidential source who an officer recruits and manages based on their agency guidelines. Your agency will provide special training for officers who work with confidential informants. This includes preserving the safety of the confidential informant, law enforcement officers, the suspect, and the public. Chapter 9 Crime Scene Follow-Up Investigations / 379  Unit 2: Follow-Up Investigation 9 Lesson 2: Gather Information on an Unknown Suspect Lesson Goal At the end of this lesson, you will know how to gather information on an unknown suspect through crime patterns and a suspect’s modus operandi. Developing an unknown suspect takes a team approach, often with the help of an outside agency or an analyst. Modus Operandi Modus operandi, meaning mode of operating or MO, refers to how someone does something, usually re- petitive in nature. People are creatures of habit. If something works one time, they tend to think it should work the next time. This pattern often shows up in criminal activity. The same person or group may have committed similar crimes that follow a pattern, or the same or similar MO. These similarities are important information. A person’s modus operandi may include repeatedly using the same method of entry when committing burglaries, stealing similar types of items, choosing victims who share similar characteristics, such as age, gender, and ethnicity, or committing their crimes with similar locations, days, and times. ; LE922.1. Describe how to find an unknown suspect based on modus operandi Crime Patterns Develop potential suspects by locating reports of crimes similar to the crime you are investigating. Review reports for similarities, such as type of crime scene, time, and day of occurrences, methods and points of entry and exit, and evidence found at the scenes. Review reports in which suspects were arrested and look at similarities in MO. ; LE922.2. Identify criminal suspects based on crime patterns If you find two or more crimes that appear to have been committed by the same suspect, MO can help you narrow the field of suspects. It can also help you determine such things as the suspect’s motivation, skill, experience, transportation, age, and size. For example, a burglary suspect, who commonly enters through small bathroom windows more than 5 feet high with no evidence of using a ladder, is likely tall and thin or very agile. A suspect who steals property that is large and heavy, such as a large screen television, will likely have a medium- to large-sized vehicle. 380 / Florida Basic Recruit Training Program (LE): Volume 1 When comparing MO, consider the following: Does this appear to be a well-planned crime or one committed impulsively? If entry to a building or vehicle was involved, was it forcible, or was a key or lock pick used? Did the suspect use other tools? If so, what kind of tools? If theft was involved, what and how much property did the suspect take? What damage was done, and why? Did the suspect vandalize items they could not take away? Did the suspect do careless damage to things that got in the way to access a door or fence? If this was a crime against a person, what weapon, if any, did the suspect use? What verbal com- mands did the suspect give? What was the physical description of the suspect? What was the motivation for the crime? Was it profit, revenge, fun, opportunity, hate? Did the suspect use any other resources in the crime? Were any unexplained items left at the scene? Consider searching the Department of Correction’s list of released inmates or the supervision status of for- mer inmates. It may provide web-based information on all incarcerated and supervised offenders. Use this database to compare release dates of certain types of offenders with currently developing crime trends. Chapter 9 Crime Scene Follow-Up Investigations / 381 9 Unit 2: Follow-Up Investigation Lesson 3: Gather Information on a Known Suspect Lesson Goal At the end of this lesson, you will know how to gather information from additional sources when searching for a known suspect or wanted person. Gathering Information Having a known suspect might appear easier than having an unknown suspect; however, this is just the beginning of the follow-up investigation. Officers must find the suspect and then connect the suspect to the crime and the crime scene for a successful prosecution. When you have a possible known suspect, learn as much as you can about the suspect. A check of public records, criminal history, law enforcement reports, interview reports, driving records, and traffic citations can provide valuable information about your suspect. Public records can provide you with current and prior addresses. Knowing where a suspect has resided can help you locate the suspect, recover stolen property, and identify other crimes with the suspect’s MO and any criminal associates. Incident reports and traffic ci- tations can provide you with information about the suspect’s whereabouts at the times of reported crimes. Criminal history and law enforcement reports can provide you with information regarding MO. When gathering information, there are two main types of records—private and public. Private records of privately owned businesses or organizations, including privately owned utilities, are not open to the public, including law enforcement, and require court orders to access them. Public records of government entities and publicly owned utilities are records that, with few exceptions, you may access on demand. Public records from federal, state, county, and city databases can provide ad- ditional information regarding the suspect’s address, employment information, and other essential facts. Agency policies and procedures dictate which databases are available to you and how you can access them. Social media can provide considerable information regarding a suspect. Records pertaining to juvenile arrests and incidents with law enforcement are restricted from the public by Florida law. The Florida Statutes do not restrict law enforcement’s access to juvenile information through criminal justice agencies; however, there may be limits on how you may use that information. School re- source officers are a good source of information regarding juvenile offenders. ; LE923.1. Describe sources of information for a known suspect Searching for a Known Suspect or Wanted Person Review information from the initial incident report, and victim and witness statements, to get a physical description of the suspect. Should the initial report lack adequate information, re-interview the victim and any witnesses, and follow any leads of known associates or family members. After obtaining the suspect’s 382 / Florida Basic Recruit Training Program (LE): Volume 1 full name, race, gender, and date of birth, conduct criminal justice database searches on DAVID and FCIC/ NCIC to compile an accurate physical description of the suspect, address, or vehicle. This combined infor- mation can provide a likely location of the wanted person, including their residence, place of employment, or public or private locations they regularly visit. Remember that you may need a warrant. ; LE923.2. Explain how to determine the location of a suspect or wanted person Maintain constant contact with dispatch when physically searching for a wanted person, updating your location and status to maintain a high level of officer safety. This is critical when searching for an armed sus- pect. If you are unable to arrest the wanted person, initiate a BOLO for the suspect, and pass any suspect information to the next shift and the appropriate department within your agency. ; LE923.3. Describe how to maintain contact with dispatch when searching for a suspect or wanted person Depending on agency resources, the threat level of the suspect, and the location of the suspect, you may need additional officers to arrest the suspect. Take immediate action to arrest a wanted person you suspect of committing a violent crime and who presents an immediate danger to the public. Agency resources that can assist in searching for a wanted person can include canine, aerial support, SWAT, or a fugitive taskforce. ; LE923.4. Identify additional resources when arresting a suspect or wanted person Chapter 9 Crime Scene Follow-Up Investigations / 383  Unit 2: Follow-Up Investigation 9 Lesson 4: Showup, Photographic Array, and Photo Lineup Lesson Goal At the end of this lesson, you will be able to conduct a showup and a live and photo lineup that is legally defensible in court. Think About This Dispatch sends you to a bank reporting a robbery in progress. When you arrive, the clerk tells you that the robber has already left the bank and run down the street. What actions can you take to identify the suspect? Showup A showup is the presentation of a possible suspect to a witness for identification and occurs during the same time or soon after the incident occurred and near the incident or crime scene. Use a showup in an im- mediate situation, such as battery or robbery by sudden snatching, as these can follow with an immediate arrest. Typically, the officer who identifies the potential suspect will detain the suspect. Do not move the potential suspect to bring them to the victim or witness. The primary responding or backup officer will take the victims and witnesses separately to that officer’s location to identify the potential suspect; for example, in separate patrol vehicles. To avoid the potential suspect from being able to see the victim or witness, use vehicles with a dark window tint. ; LE924.1. Explain when it is appropriate to use a showup Before conducting a showup: Interview all victims or witnesses separately to obtain a description of the suspect. Determine if the victim or witness has personal knowledge of the crime (the victim or witness saw the suspect clearly enough to identify the suspect’s features). Determine if the victim or witness has the ability to accurately discuss the matter, directly or through an interpreter, and clearly understands their duty to tell the truth. Determine if the victim or witness demonstrates competence, attentiveness, a sound state of mind, and a lack of prejudice. Determine if a suspect matching the victim’s or witness’s description has been located near the incident. If there are multiple victims or witnesses, determine if circumstances will allow the prompt dis- play of a single suspect to each victim or witness. 384 / Florida Basic Recruit Training Program (LE): Volume 1 Showups are suggestive by nature. You can minimize this by using proper procedure. To conduct a showup: Coordinate the showup as quickly as possible, without compromising the investigation, to limit the legal impact of the suspect’s detention. Caution the victim or witness that the person they will be looking at may or may not be the suspect. Avoid providing any verbal or non-verbal feedback to the victim or witness during the identification process. Take the victim or witness to the location of the suspect, not the suspect to the victim or witness. Ask the victim or witness if they recognize the suspect; do so in a way that avoids influencing the identification. Make sure that there is adequate lighting for the victim or witness to have a clear view of the potential suspect. Visually conceal the victim or witness from the suspect. Consider recording the showup with your body camera or other recording device. Document all statements of identification and non-identification. Document any comment made by the victim or witness during the entire process, word for word. Document any non-verbal communication or action that the victim or witness makes. If a victim or witness cannot identify the suspect, document why. ; LE924.2. Describe how to conduct a legally defensible showup Lineups When a showup is not a consideration or successful in identifying a suspect, a lineup should become a part of your follow-up investigation. A lineup can be a live lineup or a photo lineup. Florida law provides require- ments that all law enforcement officers must follow when conducting a lineup, whether a live lineup or a photo lineup. Live Lineup A live lineup is a procedure that displays a group of people to a victim or eyewitness so they can identify the perpetrator of a crime and eliminate any suspects. An eyewitness is a person who can identify another person by sight as someone involved in a criminal proceeding. Live lineups are resource-intensive, as the agency must schedule additional people who look similar to the suspect to appear with the suspect in the lineup. Chapter 9 Crime Scene Follow-Up Investigations / 385 Photo Lineup A photo lineup is an alternative to a live lineup. A photo lineup is a procedure that displays a photo array to a victim or eyewitness so they can identify the perpetrator of a crime and eliminate any suspects. ; LE924.3. Differentiate the procedures for a live lineup and a photo lineup Photo Array A photo array is a selection of photographs compiled to show to a victim or eyewitness in a non-suggestive manner for identifying a suspect. When used in a photo lineup, a photo array is an efficient tool to identify a suspect. It is usually easier to compile an adequate number of photographs of people who look similar to the suspect than to assemble a group of people who resemble the suspect. A photo array should have a minimum of six photographs: a minimum of five filler photographs with only one photograph of the sus- pect. Filler photographs are photographs of people other than the suspect that complete the array. Each photograph in the array should be of a different person, with physical characteristics similar to those of the suspect, and formatted alike. ; LE924.4. Describe the function and development of a photo array Administrators A lineup administrator is the person who conducts the lineup. Ideally, the lineup administrator should be independent of the investigation. An independent administrator is a person who is not participating in the investigation of the criminal of- fense and is unaware of which person in the lineup is the suspect. The independent administrator should conduct the lineup and provide instructions to the victim or witness. When an independent administrator is not available, you will assume the role of the lineup administrator, and you must use one of these accepted procedures for conducting a photo lineup: an automated computer program that can automatically administer the photo lineup directly and prevents the lineup administrator from seeing the lineup until after the procedure is complete randomly numbered, shuffled folders containing photographs that are presented to the eyewit- ness in such a way that the lineup administrator cannot see which photos correspond to specific folders until after the procedure is complete The intent is that the structure of the lineup achieves neutral administration and prevents the lineup ad- ministrator from knowing which photograph is being presented to the victim or witness. Regardless of what method you use, do not allow the lineup administrator to see or track which photograph the victim or eyewitness is viewing until after the procedure is completed. ; LE924.5. Recognize the roles of the independent administrator and lineup administrator 386 / Florida Basic Recruit Training Program (LE): Volume 1 Photo Array Presentations Number all photographs and filler photographs used in the array before presenting the array to the victim or eyewitness. The photo lineup can occur simultaneously or sequentially. Simultaneous presentation occurs when the independent administrator presents a group of photographs to the victim or eyewitness all at once, at the same time. When the independent administrator is present- ing the photo array simultaneously, they will instruct the victim or eyewitness to mark which photograph is the suspect, and have the victim or eyewitness sign and date the array. Sequential presentation occurs when an independent administrator presents individual photographs to the victim or eyewitness one at a time. ; LE924.6. Differentiate between simultaneous and sequential presentations Agency policies and procedures will specifically indicate whether simultaneous, sequential, or both meth- ods of conducting the photo array are authorized. Consult your agency’s legal adviser or the state attor- ney’s office that is handling investigations for help selecting the authorized method. You will obtain a sworn statement from the victim or eyewitness regarding the lineup results. Acknowledgement No matter the method used, the independent administrator will read standardized instructions to the vic- tim or eyewitness to ensure consistent administration of the photo lineup. The victim or eyewitness must acknowledge receiving the instructions before reviewing the photo array. If they refuse to sign the ac- knowledgment, document the refusal and sign the acknowledgment yourself. ; LE924.7. Describe how to instruct the eyewitness to sign the acknowledgment The Florida Statutes mandate using these instructions; however, your agency policies and procedures may add additional instructions. Eyewitness Instructions 1. The perpetrator might or might not be in the lineup; 2. The lineup administrator does not know the suspect’s identity (except that this instruction need not be given when a specified and approved alternative method of neutral administration is used); 3. You should not feel compelled to make an identification; 4. It is as important to exclude innocent persons as it is to identify the perpetrator; and 5. The investigation will continue with or without your identification. Chapter 9 Crime Scene Follow-Up Investigations / 387 Carefully document or record, word for word, any comment that the victim or eyewitness makes during the entire lineup process. Note any non-verbal communication or action of the victim or eyewitness in the investigative file. If the victim or eyewitness makes an identification, document the precise photograph they select. If the victim or eyewitness is unable to identify a suspect, document why. Preserve the entire photo array as evidence. Document the process and the forms used in the lineup in the investigative file. ; LE924.8. Explain how to document a lineup 388 / Florida Basic Recruit Training Program (LE): Volume 1 9 Unit 3: Preparing for Court Lesson 1: Testimony Lesson Goal At the end of this lesson, you will know how to prepare for and give courtroom testimony and re- spond appropriately to cross-examination tactics. Think About This You are scheduled to testify in court on a case that happened over six months ago. How will you prepare? Testifying in court can be a stressful experience. When it is your turn to speak, everyone in the courtroom is looking at you and listening to what you have to say. The defense attorney or judge may challenge your an- swers and cross-examine you, presenting a situation where you may become flustered and make mistakes. Begin to prepare for this event now and make sure that you participate in the mock trial that accompanies this lesson. Preparing for a Pretrial Meeting Before a pretrial meeting, thoroughly review all the available case documentation. Discuss the case with the appropriate agency personnel, such as your supervisor, watch commander, or crime scene and evi- dence personnel. Be prepared to discuss who, what, when, where, how, and why facts of the case, all evidence, and any other information relevant to your involvement in the case. The prosecutor will ask you to provide details on the case and must know or have access to everything you know about the case. Be familiar with all issues that could affect a successful prosecution. For example, the prosecutor may discuss the admissibility of evidence and may ask you to bring evidence to the trial. The prosecutor will ask about any evidence obtained. Identify whether evidence supports or does not support the facts presented in the probable cause affidavit. Never enhance facts or manufacture evidence to fill in for any missing elements of the crime. Remain truthful, honest, and accurate when discussing the case with the prosecutor. Try to identify potential weaknesses in the case. Help the prosecutor effectively deal with known problems by pointing out any conflicting statements or problems in the documentation of evidence and the errors you or another officer may have made. You have a continuing obligation to keep the prosecutor informed of any developments in the case. Know the case well enough to identify any special issues or situations that may require special arrange- ments, such as an interpreter, an appropriate supervisor for a child witness, and necessary accommoda- tions for people with physical disabilities. ; LE931.1. Describe how to prepare for a pretrial meeting Chapter 9 Crime Scene Follow-Up Investigations / 389 Prepare for Testimony To prepare for a court proceeding, such as a deposition, hearing, or trial, review the reports that you cre- ated, as well as the complete case file, including all other reports, photos, videos, evidence, and the chain of custody. Discuss the case with the state attorney’s office to identify and understand areas of weakness relevant to testimony and to clarify any concerns the state attorney may have. Identify witness information and give it to the state attorney’s office. Be prepared to answer questions on all relevant facts and to testify from memory. You will refer to reports only for specific details and only after requesting permission to refer to them. The court can use case documentation to identify correct and credible answers. Assume that the defense attorney knows everything you know. With full preparation, you can meet your legal and ethi- cal obligations to give the important facts when the state attorney or defense attorney begins the line of questioning. Checking in with the prosecutor and following their instructions gives you and the prosecutor time to ad- dress last-minute concerns. Recognize that a prosecutor usually has a large docket of cases and goes from one case to another every day. The prosecutor may ask you to go over relevant details and major facts one more time. Never take a case lightly. Always prepare for testimony the same way. Review all case documentation. Discuss the case with the prosecutor. Follow the guidelines for giving an effective testimony, described later in this lesson. ; LE931.2. Explain how to prepare for testimony Provide Testimony Giving testimony may take place in an attorney’s office, in the judge’s chambers, or on the witness stand. In the courtroom or the judge’s chambers, the involved parties will usually refer to the attorneys as “counsel.” Professional Demeanor If you are to appear at a trial or hearing before or after a shift, look professional and dress in uniform unless your agency has differing policies. Remove objects, such as keys and loose change, from your pockets, and turn off radios and cell phones; these cause distractions. How you prepare for and present yourself can affect the success of your testimony. Always use good posture, be attentive, and place your hands on your knees or the arms of the chair and never over your mouth. Convey confidence, not arrogance or evasion, and avoid fidgeting or showing other signs of nervousness. Rule of Sequestration Sometimes a judge invokes the rule of sequestration, which forbids anyone who will testify from discussing any aspect of a case with anyone but the involved attorneys. You are not permitted inside the courtroom or within hearing distance of the courtroom when other witnesses are giving testimony. Florida law states 390 / Florida Basic Recruit Training Program (LE): Volume 1 that you must follow the judge’s orders completely when they invoke or impose the rule. Violating the rule of sequestration may mean the judge will penalize or punish the witness. The judge may instruct the jury to disregard the testimony of the witness or strike it from the record. The judge could even declare a mistrial. Whether or not the judge invokes the rule, you must never communicate with a juror or known potential juror, except as directed by the court. If you observe a possible violation, report it immediately to the courtroom bailiff or the judge. Before testifying, you will take an oath or make an affirmation that your testimony is the truth. Typically, the clerk of the court, a court reporter, the judge, or another designated court personnel will ask you to raise your right hand and then ask, “Do you swear or affirm to tell the truth and nothing but the truth?” In a firm way, answer, “I do.” Do this while standing or sitting up straight, and looking at and listening attentively to the person administering the oath. You are now required to testify truthfully. Answer Questions Look directly at the attorney or judge and listen carefully to the questions they ask. When an attorney or judge asks questions, pause before answering to collect your thoughts. Make sure that you understand the questions and that you answer them accurately, clearly, and completely. Pausing also gives the prosecutor time to object if the question is objectionable. If necessary, you can state that you do not understand a question or you can ask the judge or attorney to clarify or repeat the question. Never volunteer additional information; only answer the question asked. However, you can respond to closed-ended questions with more than a yes or no answer, if the answer requires a more detailed explanation. Never answer with a guess. It is acceptable to say, “I don’t know,” when necessary. The judge may permit you to explain why you do not know. Resist the urge to fill silence with extra testimony. ; LE931.3. Explain how to testify Things to Avoid Avoid suggestions to enhance your testimony to strengthen a case, as you could be committing perjury. Do not alter your answer to match someone else’s, even if it means giving testimony that contradicts that of another officer. Because a court reporter is documenting what people in the courtroom are saying, the court can use earlier testimony to rebuke you later in the court process. Testifying truthfully keeps your testimony consistent, makes it credible, and keeps you out of trouble. The appearance of prejudice destroys credibility. Avoid showing biases and prejudices. Always use plain, professional language, not slang or police jargon. For example, do not state that you are “burning my CI.” State that you are “revealing the identity of my confidential informant.” Avoid derogatory statements, sar- casm, witty comments, or ridicule; these are all unprofessional. Avoid speaking in a monotone. Use of military time is appropriate, but be prepared to convert times to a.m. or p.m. Be courteous and use proper titles such as “your Honor,” “ma’am,” and “sir.” Face the judge while responding to the judge’s questions and face the jury when responding to the prosecutor or the defense attorney. Chapter 9 Crime Scene Follow-Up Investigations / 391  Never address or refer to the defense attorney as a public defender. Doing so can cause a mistrial, as it may make the jury aware that the defendant cannot afford other representation. If you or a close relative is the victim of a crime, you may feel a need to ensure the “proper” prosecution of all defendants. However, you must not let personal experiences and beliefs affect your ability to be fair and objective. This principle also applies to cultural, ethnic, and gender issues. Avoid displaying extraordinary interest in the case. Display interest of a professional nature, not a personal one. All answers to relevant questions are for the record, as the court will record testimony. Your job is to pro- vide an accurate and complete testimony of the available facts, not to steer the case. Objectionable Questions Just as with a deposition, attorneys may occasionally ask improper questions. Maintain the same demeanor for the defense attorney and the prosecutor; do not change your attitude when responding to the opposing counsel’s questions. Challenging your credibility is the opposing counsel’s job and is usually not personal. Once someone makes an objection, the judge will either sustain or overrule it. If you hear an objection, stop speaking until the judge rules. If the judge sustains the objection, you should not answer the question. If the judge overrules the objection, you must answer the question. There are several types of objectionable questions. One type calls for someone to make a conclusion. Answering this type of question requires you to make a decision on an issue, which is the job of the jury or judge. (Example: “Based on your knowledge of the facts of this incident, would you say that Mr. and Mrs. Smith have a violent relationship?”) Irrelevant questions may prompt you to give answers that have no direct bearing on the facts. (Example: “Officer, are you married?”) Some questions go beyond the proper scope of questioning, having nothing to do with the case. (Example: “Do you arrest more men than wom- en?”) Remember that you can always pause to give the state attorney time to object when the question is objectionable. ; LE931.4. Describe how to respond to objectionable questions Cross-Examination Tactics Attorneys may use a variety of tactics during a criminal trial to discredit, misrepresent, or confuse you. Be aware of this and go into court with basic techniques to overcome those tactics. A defense attorney may try to give the impression that you are inept, unreliable, or lacking in confidence. Question: “You mean to tell this court and jury you have made only one prior arrest? Is it true you had been a sworn officer for only three months when you arrested Mr. Smith?” Technique: Convey professionalism, knowledge, and confidence and give firm, decisive answers. If necessary, the state attorney will ask appropriate follow-up questions. A defense attorney may be confrontational or badger you to make you angry. The defense attorney hopes to affect logic and calmness and reveal your temperament. 392 / Florida Basic Recruit Training Program (LE): Volume 1  Question: “I have asked this question three different times in three different ways. What do you not understand?” Technique: Pause, stay calm, remember the defense attorney’s motive, and speak delib- erately. A defense attorney may fire questions at you rapidly, giving you no time to think about or answer the ques- tions properly. The attorney hopes to confuse you into giving inconsistent answers. Question: “Did you actually see Mr. Smith hit his wife? How do you know what really hap- pened? Where was Mrs. Smith in relation to Mr. Smith when you first arrived?” Technique: Ask the attorney to repeat the questions one at a time and take time to con- sider each question one at a time. Speak deliberately and remain calm. To get as much information as possible and to lull you into a false sense of security, a defense attorney may try to build rapport to create answers that favor the defense. The defense attorney may also try to lead you to say that you are an expert when that is not the case. Question: “I didn’t realize you knew so much about domestic violence. Do you consider yourself an expert on the subject? You should!” Technique: Stay alert and control your ego. Focus on the facts of the case, and do not let the attorney’s statements become confusing or distracting. By mispronouncing your name, forgetting your title, or verbally demoting you, a defense attorney implies that you are of little significance. The attorney wants you to lose concentration and focus on the error, not the question. Question: “Sergeant Harrington? You said Mr. Jones was caught breaking into the back door with a tire tool. Is that correct? Oh, I’m sorry. You’re a Captain. Whatever. Just answer the question.” Technique: The first time that the defense attorney uses your wrong name, title, or rank, politely correct them. If the attorney persists, i