83

COLLECTION AND PRESERVATION

\OF EVIDENCE

The effective exercise of law enforcement responsibility in the investigation of crime and in the prosecution of offenders requires that information be obtained through the application of scientific knowledge and methods. There is no practical alternative. Research has shown clearly that physical evidence must be identified, collected, and preserved properly, and transmitted to the laboratory promptly if laboratory support resources are to be used effectively.

 

83.1 Administration

83.1.1 Qualified personnel are available on 24-hour basis to process a crime scene/ traffic collision.

Commentary: If a crime/collision has occurred and involves the prompt collection and preservation of physical evidence, 24-hour crime scene processing capability should be available. When the immediate services of a crime scene processor are required, personnel with these skills should be notified as soon as possible. In many cases, the implementation or continuation of the investigative process should await completion of certain aspects of the crime scene processor’s work. Therefore, it is important that the processor be notified to coordinate their arrival at the scene and to provide instructions to on-scene personnel on how to proceed until they arrive. Smaller departments may have skilled personnel on call or may have arranged to acquire such personnel from another agency.

(M M M M)

 

83.1.2 A written directive requires that materials and substances be collected from a known source, whenever available, for submission to the laboratory for comparison with physical evidence collected.

Commentary: A significant degree of the value of laboratory examinations concerns the identification of substances and comparison of these with materials from known sources. This is true especially in the case of the study of hairs, fibers, fabrics, paint, glass, wood, soil, and toolmarks. The location from which samples from a known source are taken is critical where fractures have occurred, such as in the case of glass, wood, paint, and metal.

(M M M M)

83.2 Operations

83.2.1 A written directive establishes guidelines and procedures used for collecting, processing, and preserving physical evidence in the field.

Commentary: The agency should develop general guidelines for its approach to crime scene processing. For example, the first rule may be to secure and protect the crime scene. Agency policy should dictate whether processing is to be conducted by field personnel or specialists. Processing procedures should determine the progression of tasks, such as photograph, sketch, fingerprint, mark, and collect.

The directive should also provide guidelines for the preferred methods of collecting, marking/labeling, and packaging/storing a variety of evidentiary items. Methods used are those that should preserve the condition of evidence in the process of collection, prevent the introduction of foreign materials to it, and ensure as complete a sample as possible and practical.

For physical evidence to be accepted by the court at time of trial, it is essential that the chain of evidence be maintained. The initial step in this process is marking or labeling the item at the time it is collected, seized, or received. Items should be marked so as not to damage or contaminate the evidence. Items that cannot be marked should be placed in an appropriate container, sealed, and the container labeled.

Vehicles used for processing crime scenes should have equipment to recover fingerprints, take photographs, sketch the crime scene, and collect and preserve evidence.

For all items of evidence gathered at a crime scene, the investigator and/or processor should prepare a list containing a description of the item collected (including make, model, and serial number, if any), the source (person or location obtained from), and the name of the person collecting the item. Other information may also be pertinent to the list. The inventory is essential to the investigator and the processor for recording activities at the scene and qualifying the evidence at the time of trial.

(M M M M)

 

83.2.2 A written directive governs procedures used for photography and video taping pursuant to the collection and preservation of evidence and specifies the information to be recorded at the time this type of evidence is taken.

Commentary: Photographs and/or video tapes are critically important as evidence. Preferably, they should be taken by a trained photographer. The directive should specify what information is to be recorded when photographs and video tapes are taken, as well as how they are to be stored, in order to be qualified in the future as competent evidence. The procedure should be consistent with applicable statutes and case law.

(M M M M)

 

83.2.3 A written directive governs the procedures for processing, developing, lifting, and labeling all fingerprints pursuant to the collection and preservation of evidence.

Commentary: The directive should address the handling of fingerprints taken from known individuals, as well as the processing of latent fingerprints. Procedures for the proper handling, identification, labeling, and storage of known and latent prints should be described. The methods should be consistent with statutory and case law.

(M M M M)

 

83.2.4 The agency provides or has access to personnel, equipment, and supplies used for processing scenes for the following purpose:

a. recovery of latent fingerprints;

b. photography;

c. sketch of the scene; and

d. collection and preservation of physical evidence.

Commentary: In some jurisdictions where crime scene processors are required to go from one crime scene to another without the opportunity to return to a central point to replenish equipment and supplies, a specially built and equipped vehicle should be used, e.g., one having a portable power generator, ladder, and lights. Patrol officers and investigators who are appropriately trained may carry equipment in their vehicles for scene processing. It is important, however, that those who process the scene are equipped with necessary equipment to allow effective and timely processing of the scene.

(M M M M)

 

83.2.5 a written directive establishes procedures for the seizure of computer equipment.

Commentary: Computer equipment can be severely damaged or data lost due to improper shutdown procedures. Methods of seizure should be established for equipment in operation at the time of seizure, non-operating equipment, disks (all types) and drives, and peripheral equipment. Equipment should be examined prior to start up by a person skilled in computer operation. The computer could be pre-programmed to erase or destroy data, if start-up or shutdown procedures are not followed.

(M M M M)

 

83.2.6 A written directive governs the preparation of a report by the person who processes a crime/traffic collision scene.

Commentary: An accurate record of events that transpire at the scene in connection with the investigation is required at the time of trial. The directive may require such elements as the following to be included in the report: date and time of arrival at the scene; location of the crime; name of the victims, if known; name of suspect, if known; action taken at the scene, including the number of photographs taken, and whether measurements were made (yes or no); list of physical evidence recovered; and case file reference number.

Other information that should be included when a crime scene specialist processor is involved is the date and time a request for service was received, the name of the investigating officer, the disposition of the physical evidence and exposed negatives, and crime scene measurement information.

(M M M M)

 

83.3 Evidence Handling

83.3.1 A written directive requires that the transfer of custody of physical evidence be documented.

Commentary: The record of transfer of physical evidence should include the following: date and time of transfer; receiving person’s name and functional responsibility; reason for the transfer; name and location of the laboratory; synopsis of the event; examinations desired; and date of transfer to a laboratory not within the agency. This standard applies to all persons, functions, and components.

(M M M M)

 

83.3.2 A written directive establishes procedures, for submitting evidence to a forensic laboratory, which include:

a. identification of the person responsible for submitting the evidence;

b. methods for packaging and transmitting evidence to the laboratory;

c. types of documentation to accompany evidence when transmitted;

d. receipts to ensure maintenance of chain of evidence; and

e. stipulation that laboratory results be submitted in writing.

Commentary: The written directive should specify procedures for submission of perishable evidence to the forensic laboratory, such as fresh blood, blood stained objects, other physiological stains and tissue, and biological materials. Large and bulky items, firearms, drugs, and other items should be prepared in a uniform manner that is consistent with the requirements of the receiving laboratory.

The responsibility for requesting laboratory examinations and preparing and transmitting the evidence to the laboratory should be defined. Guidelines for the types and preparation of transmittal documents should be described. Chain of custody should be carefully maintained.

Verbal reports from the laboratory may be accepted, but the agency should insist these be followed up by a written report. When the laboratory is part of the agency, the directive should specify that written reports of findings are provided. When a laboratory is not part of the agency, a transmittal letter or written request as a part of the evidence transmittal form should be used to request a written report of laboratory findings.

(M M M M)