Police Investigative Skills PDF

Police College INV03 INV03 Access to elimination fingerprints allows fingerprint staff to clear any recovered prints which were not made by a culprit, and focus on those which might lead to an evidential identification. T...

Police College INV03 INV03 Access to elimination fingerprints allows fingerprint staff to clear any recovered prints which were not made by a culprit, and focus on those which might lead to an evidential identification. The technique for taking such prints is the same, especially if the relevant party will attend a police station for fingerprinting. If this is not possible, pre-inked strips are available from stores and should be carried by local CSIs. Police Officers’ Role in Recovery of Exhibits for Fingerprints and Scene Preservation All crime scenes should be visited at the earliest opportunity. Fingerprints/footwear as with other evidence types can deteriorate or be damaged particularly under adverse weather conditions. The longer a crime scene remains unvisited the more the likelihood is that articles/surfaces will be touched and potential evidence destroyed. If appropriate task a CSI at the earliest opportunity. If this is not appropriate it may be necessary for you to recover and exhibit articles for submission to Fingerprint Branch for examination. If recovering an article ensure you are gloved, this will protect you from the article and whilst it stops you leaving your fingerprints behind it does not protect the article from you. When handling an object you must avoid touching it in an area where you would hope or expect to find fingerprints from natural handling. Always approach scenes of crime with an open mind. Look for all evidence types. As an example there may be footprints which require recording or protecting. Consider the weather conditions and if there is likelihood of rain the outside of the premises should be examined first or steps taken to protect potential evidence. Ensure all continuity is recorded and good notes are taken about recovery of the exhibit. Ensure it is bagged appropriately and the exhibit labelling is completed at the time and correctly. OFFICIAL [SENSITIVE] Page 33  Police College INV03 INV03 Investigative Skills Fingerprint Legislation Introduction Fingerprints are a very important method of identifying an individual. They are not only used to prove that a suspect was at a particular place or was in contact with a particular object but for elimination. Your prints will be taken during training to allow for you to be eliminated from any search of fingerprints as a result of an offence where you were in a scene. Consent Except as provided by this Article no person’s fingerprints may be taken without the appropriate consent. Article 61(1) PACE (NI) Order 1989. Consent must be in writing if it is given at a time when the person is at a police station. It is very rare for you to be faced with the situation of taking fingerprints outside a police station; however this situation will be changing as fingerprints can now be taken electronically. If however this does happen, best practice would be to ensure that consent is also given in writing. In the case of a person detained at a police station this consent must be recorded on form PACE 14/1A and the custody record. OFFICIAL [SENSITIVE] Page 18  Police College INV03 INV03 Appropriate Consent Means in relation to a person who has attained the age of 18 years, the consent of that person; in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian. Article 53 PACE (NI) Order 1989 Without Consent Article 61 of PACE (NI) Order 1989 provides powers to take fingerprints. Except in the listed circumstances, these fingerprints must be taken with appropriate consent, which should be in writing if that consent was given at the police station. (Art 61(1) and (2)) Fingerprints can be taken without consent in the following situations: 1. The detainee has been arrested for a recordable offence AND they have not had their fingerprints taken in the course of the investigation of the offence (Art 61(3)) 2. The detainee has been charged with a recordable offence or informed that he will be reported for such offence AND they have not had their fingerprints taken in the course of the investigation of the offence (Art 61(4)) 3. The detainee has had their fingerprints taken in the course of the investigation of the offence by police, that fact should be disregarded for the purposes if above recordable offences, (a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally). (Art 61(4A)) OFFICIAL [SENSITIVE] Page 19  Police College INV03 INV03 4. The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if— (a) the court, or (b) an officer of at least the rank of inspector, authorises them to be taken. (4B) A court or officer may only give an authorisation under paragraph (4AA) if— (a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or (b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.” 5 An officer may give an authorisation under paragraph (4AA) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is practicable. 6 Any person's fingerprints may be taken without the appropriate consent if (a)he has been convicted of a recordable offence; or (b)he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted. (Art 61(6) (6A) A constable may take a person's fingerprints without the appropriate consent if— (a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and (b)either of the two conditions mentioned in paragraph (6B) is met. (6B) The conditions are that— (a)the name of the person is unknown to, and cannot be readily ascertained by, the constable; OFFICIAL [SENSITIVE] Page 20  Police College INV03 INV03 (b)the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name. (Art 61 6A +6B) (6C) The taking of fingerprints by virtue of paragraph (6A) does not count for any of the purposes of this Order as taking them in the course of the investigation of an offence by the police. 7 In a case where a person's fingerprints are taken without the appropriate consent— (a) he shall be told the reason before his fingerprints are taken; and (b) the reason shall be recorded as soon as is practicable after the fingerprints are taken. Information Before a person’s fingerprints are taken with or without the appropriate consent the person must be informed:  of the reason why, before his fingerprints are to be taken;  of the grounds on which the relevant authority has been given if Article 61(4AA) applies (court or inspector’s authority);  that they may be retained and may be subject of a speculative search against other fingerprints unless destruction is required, and  that, if their fingerprints are required to be destroyed, they may witness their destruction a record must be made as soon as possible,  of the reason for taking a person’s fingerprints without consent. If force is used, a record shall be made of the circumstances and those present. A record shall be made when a person has been informed of the possibility that their fingerprints may be the subject of a speculative search. Code of Practice D 4.7, 4.8, 4.9 If the person is detained at a police station the reason shall be recorded on the custody record. Article 61(8) PACE (NI) Order 1989 OFFICIAL [SENSITIVE] Page 21  Police College INV03 INV03 Where a person’s fingerprints are taken electronically, they must be taken only in such manner, and using such devices, as the Secretary of State has approved for the purposes of electronic fingerprinting. Article 61 (8A) PACE (NI) Order 1989 Post-Conviction - Article 29 PACE (NI) Order 1989 A person may be required to attend at a police station for fingerprinting if the person has:  been cautioned or convicted of a recordable offence, and  has not at any time been in police detention for that offence (save for any time during which fingerprints were taken which were incomplete or of insufficient quality) and  has not had his fingerprints taken;  with respect to the investigation of the offence or the conviction (save for any fingerprints which yielded prints which were incomplete or of insufficient quality) and  has been convicted or cautioned no longer than one month before the requirement made, and  can be given notice of at least seven days within which he must attend at a police station (he may be directed to attend at a specified time of day or between specified times of day). Power of Arrest Article 29 (1) (1A) (1B) (2) PACE (NI) Order 1989 Any constable may arrest without warrant a person who has failed to comply with a requirement. Article 29 (3) PACE (NI) Order 1989 This is a conditional power of arrest in that the:  Requirement must be made within one month of conviction.  Person must be given a period of 7 days to come to the station. You will need to prove these points. A good record of when the requirement was served etc. is therefore essential. OFFICIAL [SENSITIVE] Page 22  Police College INV03 INV03 Impressions of Footwear No impression of a person’s footwear may be taken without the appropriate consent. Consent to the taking of an impression of a person’s footwear must be in writing if it is given at the time when he is at a police station. An impression of footwear can only be taken without consent by a constable where the person is detained at a police station and has either been: a. detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence, and either b. he has not had an impression taken of his footwear in the course of the investigation of the offence by the police or if it has, that impression was incomplete or of insufficient quality for comparison or analysis. Article 61A (3) (4) PACE (NI) Order 1989 Information If an impression of a person’s footwear is taken at a police station, whether with or without the appropriate consent: a. before it is taken, an officer shall inform him that it may be the subject of a speculative search; and b. the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record. Article 61A (5) PACE (NI) Order 1989 In a case where, by virtue of paragraph 61A(3), an impression of a person’s footwear is taken without the appropriate consent: 1. he shall be told the reason before it is taken; and 2. the reason shall be recorded on his custody record as soon as is practicable after the impression is taken. OFFICIAL [SENSITIVE] Page 23  Police College INV03 INV03 Article 61A (6) PACE (NI) Order 1989 The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable. This does not apply to any person: a. arrested or detained under the terrorism provisions; b. arrested under an extradition arrest power. Force - Article 61A (8) PACE (NI) Order 1989 Article 88 PACE (NI) Order 1989 allows the use of reasonable force when a constable is given a power under the PACE Order. With regards to fingerprints this is reiterated in the Codes of Practice ‘Code D’ 4.6. Students are reminded that human rights legislation requires any force used to be appropriate and necessary. Where consent is not given this should be shown on PACE 4/1A, i.e. person refused to sign and the remark countersigned by the investigating officer and another officer. Destruction Unless the person from whom they were taken gives his consent in writing to their retention, all fingerprints and footwear impressions must be destroyed as soon as they have fulfilled the purpose for which they were taken if either:  they were taken in accordance with Art 61 (6a) and (6B) above, or  they were taken from a person in connection with the investigation of an offence but where that person is not suspected of having committed the offence e.g. where taken for elimination purposes. Article 64 (1BA) PACE (NI) Order 1989 OFFICIAL [SENSITIVE] Page 24  Police College INV03 INV03 As well as destroying fingerprint and footwear impressions any copies must be destroyed and any computer data relating to such fingerprints or footwear impressions must be rendered inaccessible. A person is entitled to witness any destruction and to be given a certificate which will be issued to him not later than the end of the period of three months beginning with the day on which he asks for it by the chief constable or a person authorised by him or on his behalf. Retention Fingerprints or impressions of footwear may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to:  the prevention or detection of crime,  the investigation of an offence,  the conduct of a prosecution or  the identification of a deceased person or  the identification of the person from whom a body part came. Article 64 (1A) PACE (NI) Order 1989 Police can therefore carry out speculative searches on a database for matching samples. Fingerprints and impressions of footwear may be retained if:  they were taken for the purposes of the investigation of an offence of which a person has been convicted; and  a fingerprint or impression of footwear was also taken from the convicted person for the purposes of that investigation Article 64(3AA) PACE (NI) Order 1989 Therefore provided a case remains open or a person has been convicted for the offence, samples will not be destroyed. However neither the fingerprint nor impression OFFICIAL [SENSITIVE] Page 25  Police College INV03 INV03 of footwear shall be used: in evidence against the person who is or would be entitled to the destruction of that fingerprint or sample; or for the purposes of the investigation of any offence. Article 64(3AB) PACE (NI) Order 1989 Following a judgement from the European Court of Human Rights, from 31st October 2015 PACE will be amended by new legislation in the Criminal Justice Act (NI) 2013 and terrorist legislation by the Protection of Freedoms Act 2002. Suspects detained under these regimes will be reassured that the retention of biometrics (fingerprints and DNA) will be on a graduated approach. This approach will be set by: age at time of offence, disposal method used at the end of the investigation, sentencing time limits and seriousness of the offence alleged. All of these factors govern the retention period and will significantly change the current policy of blanket retention by PSNI. Fingerprints Since the introduction of PACE in 1989, it is mandatory for any person arrested, charged / cautioned with a recordable offence to be fingerprinted. You as a police officer will only take fingerprints if custody trained; fingerprints are usually taken by civilian detention officers. OFFICIAL [SENSITIVE] Page 26  Police College INV03 INV03 The fingerprints taken will be used in the maintenance of the criminal record system, they may be used to link a person to a crime scene either in the past or in the future and of course they can be used as evidence in court. It is the job of the Fingerprint Bureau to use the finger and palm prints to identify persons and thereby provide technical support to you, as an operational police officer. The notes focus on:  What a fingerprint is  How identifications are made  How to take good quality finger and palm prints. Friction Ridge Skin The skin surface on the palms of the hand, from the top of the fingers and thumbs to the wrist flexure and on the soles of the feet including the toes is different from that covering the rest of the body’s surface. It is a tougher type of skin which is hairless and is without the pigment which colours most of the rest of the body. This tougher type of skin takes the form of a fine system of ridges and furrows. This ridged system performs 3 main functions:  To assist the sense of touch.  To act as friction ridges enabling the hands and feet to grip.  To raise up the openings of the sweat glands. The system of ridges runs roughly parallel to each other but they do change direction forming clearly defined patterns. The patterned areas above the first joint of the fingers and thumbs are the ones most frequently used for fingerprint identification however any portion of friction ridge skin is identifiable. A fingerprint is: “an impression of the ridges on the pad of the finger above the first joint”. OFFICIAL [SENSITIVE] Page 27  Police College INV03 INV03 Fingerprints fall into 3 categories: 1. Inked Impressions Taken under controlled conditions by a trained operator by applying ink to the fingers and palms and pressing it onto paper. 2. Livescan Impressions Taken in custody on a Livescan machine by custody staff or trained police officers and transmitted electronically to the Fingerprint Bureau. 3. Latent Imprint An invisible sweat mark left accidentally, which requires development by either powder or chemical means. Why Inked or Livescan Fingerprints are taken Taking a good quality set of finger and palm prints is essential for ensuring the efficiency and accuracy of the fingerprint service. Due to updated methodology and procedures it is now possible to identify very small portions of friction ridge skin. Any set of fingerprints may be used for one or more of the following purposes: Verification - of identity to establish whether a person has a criminal record or simply to verify who they are. Filing - in the main fingerprint collection and for storing electronically on the computer database. Comparison - with unidentified marks left at scenes of crime. Production - at court to prove identification of a scene of crime mark. Production - at court to prove identity. Production - at a Coroner’s court to prove identity of a body. Elimination - purposes when persons may have legitimate access to scenes of crime. Passport/Visa requirements. OFFICIAL [SENSITIVE] Page 28  Police College INV03 INV03 Taking an Inked Set of Fingerprints Equipment:  Fingerprint glass / brass plate  Fingerprint ink  Fingerprint roller  Form holder  Palm print roller (any smooth cylindrical solid object)  Finger/palm print forms  National fingerprint form - for taking fingerprints and palm prints from both males and females arrested for recordable offences.  FP2/11 - for taking elimination finger and palm prints from members of the public who have had legitimate access to a scene of crime. NOT from persons whom you suspect of having involvement in the offence to eliminate them from your enquiries.  FP2/12 -on which police elimination prints are taken for retention by personnel branch. (In a custody suite it is not appropriate to take inked fingerprints using ink pads or pre-inked strips). Person to be fingerprinted  Ensure the person has clean, dry hands. It may be necessary to keep drying sweat from the hands prior to inking each finger or palm.  Check the person’s hands for cuts and wounds. If there is an open cut or wound present then an impression of that digit or palm should NOT be taken. An explanation for not taking the impression should be noted on the finger/palm form. Where the person has open cuts or wounds and there are traces of blood or body fluids or is suffering from a contagious disease, suitable precautions must be taken regarding body contact.  At all times bear in mind health and safety regulations and wear disposable gloves. Preparation Ensure that all equipment is clean and in good order. Select the correct type of form and complete the alpha numeric data in relation to OFFICIAL [SENSITIVE] Page 29  Police College INV03 INV03 the person about to be fingerprinted. Fold the form along the two fold lines. Place six evenly - spread dots of ink on the plate and roll them out with the fingerprint roller until there is an even matt black finish. Test the ink, if there is not enough ink on the plate add more and re-roll. If there is too much ink place a sheet of paper onto the plate and run over once with the roller to remove the excess ink. Then re-roll. Retest and adjust the quantity of ink until a good test impression is obtained. Finger Impressions It is important to take your time. Take each finger in turn and keep a check that each digit goes into the relevant box. If you are not careful it is easy to put the wrong fingers in the boxes or even to take the same hand twice. Where possible ensure the person relaxes their wrist and fingers as this will make rolling the fingers easier. Stand to the side at a right angle to them and the plate ensuring their arm is straight. Start with the right thumb through to right little finger and continue with left hand. Grip the digit to be fingerprinted with the forefinger and thumb immediately behind the first joint. With your other forefinger and thumb, grip the tip of the digit. This will ensure control of the finger during printing. Place the finger on its side with the nail perpendicular to the inked plate. Ensure that the whole of the first joint and about 1/4 inch of the second joint is in contact with the plate. Start with nail in upright position, Roll finger through 180 degrees, to end with nail upright again. ROLL the finger to the other side in one movement and finish with the nail, again perpendicular to the inked plate. LIFT the finger from the inked plate and place it onto the form with the nail perpendicular OFFICIAL [SENSITIVE] Page 30  Police College INV03 INV03 to the surface and roll in one movement to the other side, finishing with the nail in an upright position. Turn the plate when appropriate to ensure that the same area of ink is not used to take more than one fingerprint. When all rolled impressions are taken re-roll the ink plate to take the plain impressions. Plain Impressions Place all the fingers of the left hand together and place onto the inked plate and transfer to the form and put in the appropriate box, repeat for the right hand. Place the two thumbs onto the ink simultaneously and roll towards tip then repeat on the fingerprint form. Palm Impressions Take the fingerprint roller and roll it over the inked plate ensuring that there is enough ink on the roller. With the roller, cover the inside of the palm with an even application of ink. The coverage should extend from the base of the fingers to about 1/2 inch past the wrist flexion crease. Place the palm print roller well back on the table and parallel to the edge of the table. Place the form on top of the palm print roller with the line at the bottom of the form on top of the palm print roller. Place the heel of the right palm immediately above the line on the right hand side of the form, using lightly controlled pressure roll the hand towards the body until the base of the fingers rest on top of the cylinder. Lift the hand. Repeat the process with the left hand re- inking the roller on the plate if necessary and using the left hand side of the form. The prime objective is to ensure a good quality palm impression is taken; there is no issue if the fingers do not fit onto the form. OFFICIAL [SENSITIVE] Page 31  Police College INV03 INV03 The result should be a good quality, clear, fully rolled set of fingerprints and palm prints. Important points to remember  Clear impressions - the prints show black ridges and white furrows.  The hands are cleaned and dried before printing. If the person sweats, try to ensure that each finger is wiped immediately before ink is applied.  Stand at 90 degrees to the person being fingerprinted.  Do not apply too much pressure on the finger/palm prints either in the inking stage or the printing stage. This is shown by an appearance of very fat ridges and low contrast caused by the furrows in the finger being forced up alongside the ridges.  Ensure that the impressions are fully rolled from side to side - nail edge to nail edge, in one movement.  Do not allow the fingers to slip during printing or that they are put down twice in one printing.  Roll palms downwards from the wrist to the base of the fingers.  Retain control of the finger/palm at all times.  Fingers in correct boxes.  Do not rush - take your time.  Deal with only one prisoner at a time. If you attempt to fingerprint two persons at the same time you risk mixing up the sets of finger/palmar impressions.  Ensure that the finger and palm print forms are fully completed, signed by the person who took the prints with details of rank, number and date.  And finally clear equipment after use. Elimination Prints There will be occasions where it is necessary to take fingerprints from those who may have had legitimate access to a scene of crime. Typically this will be the injured party, their friends or family or indeed anyone who may have touched surfaces where fingerprints have been recovered or items which have been seized for examination. Where possible, every effort should be made to take such prints and submit them to Fingerprint Branch. OFFICIAL [SENSITIVE] Page 32