Baltimore Police Policy 721: Arson Investigations PDF

Policy 721 Subject ARSON INVESTIGATIONS Date Published Page 1 July 2016...

Policy 721 Subject ARSON INVESTIGATIONS Date Published Page 1 July 2016 1 of 8 By Order of the Police Commissioner POLICY It is the policy of the Baltimore Police Department (BPD), consistent with the law, to conduct an investigation into all fires that have been ruled incendiary or suspicious in nature by the Baltimore City Fire Department. PURPOSE The purpose of this Policy is to establish procedures and protocol for the investigation of fires, which occur under the following circumstances: 1. Fires classified as incendiary in nature. 2. Fires that reach multiple alarm status. 3. Fires that result in death or serious injuries. 4. Fires or incidents involving an incendiary device (e.g., Molotov cocktail, etc.). 5. Fires that result in property damage. GENERAL Only fires that law enforcement investigation determined to have been willfully or maliciously set may be classified as Arson. Due to the unique nature of the crime of Arson, it is imperative that an origin and cause investigation be conducted by the Baltimore City Fire Department’s Fire Investigation Bureau (FIB). The results of the origin and cause investigation, will determine whether or not the fire was incendiary in nature, and subsequently whether the crime of Arson exists for reporting purposes as well as for the purpose of prosecution. Without a member of FIB conducting an origin and cause investigation to make a determination of incendiary, you do not have the crime of Arson. 1. Fire related incidents shall be written under one of the following categories: 1.1. Arson 1.2. Alarm of Fire 1.3. Suspicious Fire 1.4. Attempted Arson  Policy 721 ARSON INVESTIGATIONS Page 2 of 8 NOTE: Do not use Malicious Burning as your incident. Staff Review will enter Malicious Burnings as Arson. The term Malicious Burning is for charging purposes and should not be classified as the incident on the offense reports. Baltimore City Ordinance, Article 9, Section F-102.11 sanctions the Baltimore City Fire Department with the responsibility to maintain records of all fires, which occur in Baltimore City. FIB is charged with the responsibility of determining the origin and cause of fires, which occur in Baltimore City and to notify the Arson and Explosives Unit, which has the responsibility to conduct the criminal investigation of fires that are incendiary or suspicious in nature. Until an origin and cause investigation is conducted, the Fire Department has complete control of a fire scene. 2. A member of FIB should only inform you as to whether a fire falls under one of four categories: 2.1. Accidental 2.2. Incendiary 2.3. Not fully ascertained 2.4. Under Investigation REQUIRED ACTION Member 1. Assist the Fire Department so that no person(s) hinders or obstructs any firefighter in the performance of his/her duty. 2. Provide crowd control and traffic control at the fire scene. 3. Secure and protect the fire scene as a crime scene, unless otherwise directed by a member of FIB or an investigator from the Arson and Explosives Unit of the BPD. 4. The primary officer is responsible for conducting a preliminary investigation of every fire. 4.1. Obtain information as to whether the fire was accidental or incendiary. 4.1.1. This information can be obtained from the Fire Investigator at the scene, if it can be ascertained. 4.2. Obtain information on person(s) killed or injured as a result of the fire. 4.2.1. Name, age, and address of the victim(s). 5. The Incident Report, Form 04/008 should reflect a thorough preliminary investigation and the proper classification of the fire incident. 5.1. Basic reporting information required of any type fire is as follows: 5.1.1. Date and time of fire.  Policy 721 ARSON INVESTIGATIONS Page 3 of 8 5.1.2. Name and address of the person who discovered the fire. 5.1.3. Name and address of the person who placed the call to the Fire Department. 5.1.4. Location of the fire. 5.1.5. Name and address of the property owner, if known. 5.1.6. Name of occupants. 5.1.7. Extent of damage and location within the building or area. 5.1.8. Number of the engine or truck company, which responded to the fire. During multi-alarm fires, only the first responding fire apparatus need be noted. 6. If the fire incident is declared incendiary, the following additional information must be included on the Incident Report, Form 008. This information is mandatory for the Uniform Crime Reporting System. 6.1. Proper crime classification (Arson, Attempted Arson, or Alarm of Fire.) 6.2. Name of Fire Investigator, who made the determination of the cause of the fire or the Fire Chief on the scene. 6.3. Property classification (Residential, Commercial, Vehicle, or Storage.) 6.4. Estimated value of property structure and content damaged as a result of the fire can be obtained from the member of the FIB. NOTE: If the fire is incidental to a burglary, theft or robbery, the property taken in these respective offenses should be listed separately from the estimated value of property damaged as a result of the fire. The Hierarchy Rule does not apply to the offense of Arson. An Arson report plus an incident report for associated offenses are needed. 7. Upon arrival at a fire scene, where the fire has been extinguished by the occupant(s), contact the Fire Department immediately via Communications Section and report the circumstances. It is the responsibility of the Fire Department to assure all fires are properly extinguished and investigated. 8. Conduct a canvass of the area in attempts to locate any possible witnesses. If witnesses are located, have them standby until the arrival of the Police Arson Investigator as they might be able to provide important information as to the progression of the fire or a suspect. 9. In the event injuries are sustained as a result of the fire, a police officer should respond to the medical facility to locate that victim and interview when possible. NOTE: Ascertain where any displaced persons (due to the fire) will be temporarily staying. Include the name and address of the person(s) and the phone number where they can be reached. 10. Ensure that the Crime Scene Unit has been ordered to process the fire scene only after consulting with an Arson Unit detective.  Policy 721 ARSON INVESTIGATIONS Page 4 of 8 11. Take into custody any person(s) whom you have probable cause to believe has committed, is committing, or is about to commit a felony violation of a city and/or state law related to fire offenses or when you have probable cause to believe a person is committing a misdemeanor violation of a city and/or state law relating to fire offenses in your presence. 12. Member are to be guided by Policy 1112, Field Interviews, Investigative Stops, Weapons Pat- Downs & Searches; Policy 1106, Warrantless Arrest Procedures and Probable Cause Standard; and Sections §2-202 and §2-203 of the Criminal Procedure Article, Maryland Annotated Code, Authority of Police Officer to Make Warrantless Arrest. NOTE: Pursuant to MD. Code Ann., Crim. Proc. Art., §2-203 (a), a police officer may arrest a person without a warrant if he/she has probable cause to believe the person has committed or is attempting to commit a malicious burning in either the first degree or second degree and the failure to immediately arrest the person may result in: 1. The person not being apprehended, 2. Physical injury to another or property damage, or 3. The tampering with, disposal of, or destruction of evidence. For definitions of “malicious burning,” refer to MD. Code Ann., Crim. Law Art., §6-104 and 105. 7. Report findings of your preliminary investigation on the Incident Report, Form 04/008. NOTE: If you recover a vehicle that has fire damage and is listed as stolen, you shall make a request via Communications Section to notify the Arson Unit. Once a determination is made, the appropriate fire report should be written in addition to the recovered stolen auto report. The Crime Scene Unit should be contacted for evidence collection prior to towing the vehicle to the City Yard. Supervisor/OIC 1. Respond to all fire scenes in your sector. 2. Provide guidance and direction, as needed, to subordinates conducting preliminary investigations. 3. Review all field reports submitted to you for accuracy and completeness. 4. Ensure that a copy of the fire related offense report is sent to the Arson and Explosives Unit. Arson and Explosives Unit 1. The FIB investigator has the sole discretion to have the Police Arson and Explosives Unit respond to the scene of the fire with the exception of vehicle fires. EXCEPTION: BPD Command Officers, Captain or above, can request the Arson and Explosives Unit on-call detective to respond to the scene.  Policy 721 ARSON INVESTIGATIONS Page 5 of 8 2. The Arson and Explosives Unit conducts the follow-up investigation of all unsolved fires which are classified as: 2.1. Arson 2.2. Attempted Arson 2.3. Suspicious Fire 2.4. Multiple Alarm Fire 3. Members of the Arson and Explosives Unit automatically respond to and investigate the following incidents: 3.1. Multiple alarm fires. 3.2. All fatal fires. 3.3. Fires involving Police and Fire Department vehicles or property. 3.4. Fires committed for the purpose of interfering with any person(s) because of hate-bias, refer to Policy 815, Hate Crimes for any additional information. 3.5. Series of fires involving hospitals, hotels, multi-apartment complexes, nursing homes, religious institutions, commercial or industrial establishments where large numbers of people are concentrated. 3.6. All bombing incidents, where explosives or incendiary devices, (e.g., Molotov cocktails) are found detonated or intact. 4. The Arson and Explosives Unit is available to assist members of the BPD in the investigation of incendiary fires and can be reached at 410-396-2645 during the hours of 0700-2400. After hours call the Communications Unit at 410-396-2284 to have the Arson and Explosives Unit on-call detective contacted. Supervisor, Arson and Explosives Unit 1. Shall respond to: 1.1. Any fire which reaches a status of four alarms or more. 1.2. All fatal fires. 1.3. Fires committed for the purpose of interfering with any person(s) because of hate-bias, refer to Policy 815, Hate Crimes for any additional information. 1.4. Fires involving religious institutions. 1.5. Bombing incidents, where explosive devices are found detonated or intact, refer to Policy 707, Bomb or Bomb Threat Calls For Service for any additional information.  Policy 721 ARSON INVESTIGATIONS Page 6 of 8 Forensic Science and Evidence Management Division 1. The Crime Scene Unit is responsible for processing fire scenes, which have been declared Arson, Attempted Arson, Suspicious Fire or Fatal Fire for evidence. 2. Crime scene processing will be conducted under the direction of the Police Arson and Explosives Unit Investigator. APPENDIX A. Example of Arson Report RESCISSION Remove and recycle/destroy Policy 721, Arson Investigations, dated 8 February 2011 and all amendments. COMMUNICATION OF POLICY This policy is effective on the date listed herein. Each employee is responsible for complying with the contents of this policy.  Policy 721 ARSON INVESTIGATIONS Page 7 of 8 APPENDX A Example of Arson Report, Form 008  Policy 721 ARSON INVESTIGATIONS Page 8 of 8 APPENDIX A Example of Arson Report, pg. 2