Escolar Documentos
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Chapter 5
For Sale
Forensics/Physical Evidence
Outline
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Definitions Processing Evidence: Maintaining the Evidence Handling and Infectious
Chain of Custody from Discovery to Disease
does not guarantee this page will contain current material or match the published product.
Crime Scene Investigators
Disposal
Investigative Equipment
Frequently Examined Evidence
Crime Scene Integrity and
Contamination of Evidence
Learning Objectives
LO1 Explain the requisite steps involved in processing physical evidence correctly, from its discovery through to final
disposition.
LO2 Identify the common errors in collecting evidence.
LO3 Understand the criteria required to ensure admissibility of evidence in court.
LO4 List the types of evidence most commonly found in criminal investigations.
LO5 Compare and contrast the determinations that can and cannot be made from fingerprint, DNA, blood, and hair
evidence.
LO6 Describe special collection and processing considerations for the following types of evidence: shoe and tire prints
and impressions, tools and tool marks, firearms and ammunition, glass, soils and minerals, safe insulation, ropes,
strings, tapes, drugs, documents, laundry and dry cleaning marks, paint, and skeletal remains.
130
© Rafe Swan/Getty Images
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does not guarantee this page will contain current material or match the published product.
Introduction
How do you catch a twisted genius who
aspires to be the perfect, anonymous killer—who
builds untraceable bombs and delivers them to
random targets, who leaves false clues to throw off authorities, who lives like a
recluse in the mountains of Montana and tells no one of his secret crimes?
That was the challenge facing the FBI and its investigative partners, who spent
nearly two decades hunting down this ultimate lone wolf bomber.
The man that the world would eventually know as Theodore Kaczynski came to
our attention in 1978 with the explosion of his first, primitive homemade bomb at
a Chicago university. Over the next 17 years, he mailed or hand delivered a series of
increasingly sophisticated bombs that killed three Americans and injured 24 more.
Along the way, he sowed fear and panic, even threatening to blow up airliners in flight.
In 1979, an FBI-led task force that to terrorists,” FBI Director Louis Freeh and
included the ATF and U.S. Postal Inspection Attorney General Janet Reno approved the
Service was formed to investigate the task force’s recommendation to publish the
“UNABOM” case, code-named for the essay in hopes that a reader could identify
UNiversity and Airline BOMbing targets the author.
involved. The task force would grow to After the manifesto appeared in The
more than 150 full-time investigators, Washington Post and The New York
analysts, and others. In search of clues, Times, thousands of people suggested
the team made every possible forensic possible suspects. One stood out: David
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examination of recovered bomb Kaczynski described his troubled brother
components and studied the lives of victims Ted, who had grown up in Chicago,
does not guarantee this page will contain current material or match the published product.
in minute detail. These efforts proved of taught at the University of California at
little use in identifying the bomber, who Berkeley (where two of the bombs had
took pains to leave no forensic evidence, been placed), then lived for a time in Salt
building his bombs essentially from “scrap” Lake City before settling permanently
materials available almost anywhere. And into the primitive 10' 3 14' cabin that the
the victims, investigators later learned, brothers had constructed near Lincoln,
were chosen randomly from library Montana.
research. Most importantly, David provided
We felt confident that the Unabomber letters and documents written by
had been raised in Chicago and later his brother. Our linguistic analysis
lived in the Salt Lake City and San determined that the author of those
Francisco areas. This turned out to be papers and the manifesto were almost
true. His occupation proved more elusive, certainly the same. When combined with
with theories ranging from aircraft facts gleaned from the bombings and
mechanic to scientist. Even the gender Kaczynski’s life, that analysis provided the
was not certain: although investigators basis for a search warrant.
believed the bomber was most likely On April 3, 1996 . . . investigators arrested
male, they also investigated several Kaczynski and combed his cabin. There,
female suspects. they found a wealth of bomb components;
The big break in the case came in 1995. 40,000 handwritten journal pages that
The Unabomber sent us a 35,000 word included bomb-making experiments and
essay claiming to explain his motives and descriptions of Unabomber crimes; and one
views of the ills of modern society. After live bomb, ready for mailing.
much debate about the wisdom of “giving in Source: “FBI 100: The Unabomber.” April 24, 2008. http://www.fbi.gov/news/stories/2008/april
/unabomber_042408
Chapter 5 Forensics/Physical Evidence 133
Definitions
SECtiON 2
Not For Sale
Basic Investigative Responsibilities
molested. The girl told police that a man had taken her to
the desert, had shown her some “naughty” pictures that
Evidence is generally categorized as one of four types: he burned, and had then molested her. Because it was
testimonial, documentary, demonstrative, or physical. difficult for the police to rely on the girl’s statement, they
Testimonial evidence is information obtained through in- needed physical evidence to corroborate her story. Fortu-
terviewing and interrogating individuals about what they nately, the girl remembered where the man had taken her
saw (eyewitness evidence), heard (hearsay evidence), or and led the police there. They found remains of the burned
know (character evidence). Testimonial evidence is the pictures and confiscated them as evidence. The remains
subject of Chapter 6. Documentary evidence typically of one picture, showing the suspect with a naked young
includes written material (including e-mails and text girl on his lap, were sufficient to identify him by the rings
messages), audio recordings, and videos. Demonstrative on his fingers. This physical evidence supporting the girl’s
evidence includes mockups and scale models of objects or testimony resulted in a charge of lewdness with a minor.
places related to the crime scene and helps juries visualize Physical evidence can be classified in different ways.
more clearly what they are unable to view personally. Oc- One common classification is direct and indirect evi-
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casionally, however, juries are taken to the crime scene if dence. Direct evidence establishes proof of a fact without
the judge deems it vital to the fair processing of the case, any other evidence. Indirect evidence merely tends to in-
but this is expensive and time-consuming. Most com-
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criminate a person—for instance, a suspect’s footprints
monly, investigators deal with physical evidence. Physical found at the crime scene. Although the footprints do not
evidence is anything real—that is, which has substance— directly prove the suspect committed the crime at issue,
that helps establish the facts of a case. It can be seen, the prints do place the suspect at the scene of the crime.
touched, smelled, or tasted; is solid, semisolid, or liquid; If the suspect states that he or she was never at the scene,
and can be large or tiny. It may be at an immediate crime that statement will prove to be untrue based on the indi-
scene or miles away; it may also be on a suspect or a victim. rect evidence. This helps build a case against the suspect
Some evidence ties one crime to a similar crime or and contributes to convictions based on circumstantial
connects one suspect with another. Evidence can also evidence. Indirect evidence is also called circumstantial
provide new leads when a case appears to be unsolv- evidence, or evidence from which inferences are drawn.
able. Further, evidence corroborates statements from A popular myth is that circumstantial evidence will not
witnesses to or victims of a crime. Convictions are not stand alone without other facts to support it; however,
achieved from statements, admissions, or confessions indirect evidence combined with suspect interviews and
alone. A crime must be proven by independent investiga- testimonial evidence can often lead to convictions.
tion and physical evidence. Extremely small items, such as hair or fibers, are a
For example, in a small western town, a six-year-old subset of direct evidence called trace evidence. Evidence
girl and her parents told police the girl had been sexually established by law is called prima facie evidence. For
example, 0.8% ethanol in the blood is direct or prima equally unrealistic expectations from not only the public
facie evidence of intoxication in some states. Associa- but also other professions that operate within the justice
tive evidence links a suspect with a crime. Associative system who now apparently believe in magic” (Fantino,
evidence includes fingerprints, footprints, bloodstains, 2007, p. 26).
hairs, and fibers. The challenges of the CSI effect for investigators
Corpus delicti evidence establishes that a crime has and forensic experts alike are being brought to life in
been committed. Contrary to popular belief, the corpus America’s courtrooms: “People who end up on a jury
delicti (“body of the crime”) in a murder case is not the know, or think that they know, a great deal about foren-
dead body but the fact that death resulted from a crimi- sic science and the kind of science necessary to solve
nal act. Corpus delicti evidence supports the elements of crimes. Prosecutors say juries expect scientific evidence
the crime. Pry marks on an entry door are corpus delicti in every case, even though the majority of criminal cases
evidence in a burglary. do not call for such evidence” (Dutelle, 2006, p. 113).
Probative evidence is vital to the investigation or
prosecution of a case, tending to prove or actually prov-
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Chapter 1, which is physical evidence that clears one of Fact Most crimes are not solved at all, and of
blame—for example, having a blood type different from
those that are, only a small percentage are solved
that of blood found at a murder scene. Material evidence
through DNA.
forms a substantive part of the case, or has a legitimate
and effective influence on the decision of the case.
Relevant evidence applies to the matter in question.
Competent evidence has been properly collected, identi- This blurring of reality and fiction (the CSI effect) was
fied, and continuously secured. the topic of a study published in the National Institute of
Justice Journal (Shelton, 2008), in which 1,000 jurors were
surveyed about their expectations regarding forensic evi-
Crime Scene Investigators dence before their participation in the trial process:
A crime scene investigator (CSI) is a specialist in orga- jj 46percent expected to see some kind of scientific
nized scientific collection and processing of evidence. evidence in every criminal case.
A CSI develops, processes, and packages all physical jj 22percent expected to see DNA evidence in every
evidence found at the crime scene and transports it to
criminal case.
the lab for forensic evaluation; attends and documents
jj 36percent expected to see fingerprint evidence in
autopsies; and writes reports and testifies in court about
the evidence. With advances in technology occurring every criminal case.
continuously, it is imperative that CSIs keep up-to-date jj 32percent expected to see ballistic or other firearms
on training and the newest developments in forensic laboratory evidence in every criminal case (Shelton,
equipment and methodology. Although some law en- 2008, p. 3).
forcement agencies hire civilians to handle crime scene
The survey found that for all categories of evidence,
processing and forensics and to work closely with inves-
CSI viewers had higher expectations for scientific
tigators, it is more common that the CSI is a licensed
evidence than did nonviewers. A follow-up study con-
peace officer with specialized training who is part of an
ducted in 2009 indicated even higher expectation levels:
investigative unit.
The public has become familiar with how CSIs op- jj 58.3percent of potential jurors expected some type
erate through the popular television series CSI: Crime of scientific evidence to be presented in every type of
Scene Investigation, which first aired on CBS in October criminal case.
2000, has attracted millions of viewers, and spawned percent expected DNA evidence in every case
jj 42.1
dozens of other forensic drama television shows. Holly- (double the number from the 2006 study).
wood’s depiction of CSI, however, has created a glamor-
jj 56.5 percent expected fingerprint evidence in every case.
ized, impractical image of this field in the public’s mind.
This phenomenon has been called the CSI effect, where percent expected ballistics evidence in every
jj 49.1
Fortunately, in both studies, these expectations were sheets, punches, putty, rags, receipts, rubber, saws, scrap-
not shown to translate into an actual prerequisite of ju- ers, shovels, side cutters, solvent, sponges, sprays,
rors in finding defendants guilty. In other words, while stamps, syringes, tape, tape recorders, thermometers,
the expectations were high, the demand that such evi- tin snips, towels, transceivers (to communicate in large
dence be presented in order to convict or acquit was not buildings, warehouses, apartment complexes, or open
observed, leading researchers to re-label this phenom- areas), vacuums, wax, wire, and wrenches. The blood-test
enon the CSI myth (Shelton et al., 2011). kits, gun-residue kits, and other field-test kits described
Furthermore, these studies revealed that while in Chapter 1 are also used.
the average juror has become increasingly technologi- More specialized equipment for investigation in-
cally sophisticated, their expanded familiarity with cludes night-vision goggles, metal detectors, electronic
technology is more likely due to the general pervasive- tracking systems, digital voice recorders, camcorders,
ness of and exposure to consumer-level technology, and much more, discussed throughout this section.
including the ability to scour the Internet for infor- Many departments are able to use forfeiture assets con-
mation pertaining to scientific evidence, than it is fiscated during drug busts and other law enforcement
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the result of watching certain television shows. This efforts to purchase specialized investigative equipment.
finding has led to the identification of a more general Additional heavy-duty, less-portable types of equipment
does not guarantee this page will contain current material or match the published product.
tech effect—a broad public awareness of and familiar- such as large pry bars or long ladders are frequently
ity with the capabilities of modern technology—that found on fire and rescue vehicles and can be used jointly
is indirectly influencing juror expectations (Shelton by the police and fire departments.
et al., 2011).
Regardless of whether the crime scene is processed
by a generalist investigator or a specialized CSI, the task Selecting Equipment
is the same—to locate and properly process evidence
Survey the types of crimes and evidence most frequently
at a crime scene. To accomplish this task, investigators
found at crime scenes in your jurisdiction. Select equip-
must have the necessary tools and equipment.
ment to process and preserve the evidence you are most
likely to encounter. For example, because fingerprints
are often found at crime scenes, fingerprint-processing
Investigative Equipment equipment should be included in the basic kit. However,
you would probably not need to take a shovel along to
Although not all crime scenes require all items of equip-
investigate a rape.
ment, you cannot predict the nature of the next com-
After the basic equipment needs are identified, se-
mitted crime or the equipment you will need. Therefore,
lect specific equipment that is frequently needed, light-
you should have available at all times a crime scene
weight, compact, high quality, versatile, and reasonably
investigation kit containing basic equipment. Check
priced. For example, boxes should either nest or be col-
the kit’s equipment after each use, replacing items as
lapsible. Containers should be lightweight and plastic.
required.
The lighter and smaller the equipment, the more items
Investigations can be simple or complex and can
can be carried in the kit. Consider miniaturized elec-
reveal little or much physical evidence. Consequently,
tronic equipment rather than heavier, battery-operated
the equipment needs of each investigation are different.
items. Select equipment that accomplishes more than
Table 5.1, alphabetized for easy reference, contains the
one function, such as a knife with many features or other
investigative equipment most often used.
multipurpose tools.
Although the list may seem extensive, numerous
other items are also often used in investigations: bags,
binoculars, blankets, brushes, bullhorns, cable, capsules,
chains, checklists, chemicals, chisels, coat hangers (to Equipment Containers
hang up wet or bloodstained clothing), combs, cotton, The equipment can be put into one container or divided
cutters, directories, drug kits, eyedroppers, files, finger- into several containers, based on frequency of use. This
nail clippers, fixatives, flares or fuses, flood lamps, for- is an administrative decision determined by each de-
ceps, forms, gas masks, generators, gloves, glue, guns, partment’s needs. Dividing equipment results in a com-
hammers, hatchets, levels, lights, magnets, manuals, pact, lightweight kit suitable for most crime scenes while
maps, matches, metal detectors, moulages ( for mak- ensuring availability of other equipment needed to inves-
ing impressions or casts), nails, padlocks, pails, plastic tigate less common cases.
Chapter 5 Forensics/Physical Evidence 137
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vehicle. The equipment can be transported in the trunk and processing evidence. Before actually stepping into
of a car, or a vehicle can be modified to carry it. For exam- the crime scene to process evidence, however, it is vitally
important that investigators protect the integrity of the
does not guarantee this page will contain current material or match the published product.
ple, special racks can be put in the trunk, or the rear seat
can be removed and special racks installed. Investiga- scene to keep it from becoming contaminated.
tors are advised, when storing equipment in a car trunk,
to organize items laterally instead of longitudinally, for
if the car is involved in a high-speed rear-end collision, Crime Scene Integrity and
equipment oriented front-to-back can puncture through
the back seat of the car or rupture the fuel tank. Contamination of Evidence
A mobile crime lab is usually a commercially cus- The value of evidence is directly affected by what happens
tomized vehicle that provides compartments to hold to it immediately following the crime. Evidence in an un-
equipment and countertops for processing evidence. protected crime scene will degrade, diminish, or disap-
However, some vehicles cannot go directly to some crime pear over time unless collected and preserved. Recalling
scenes, so the equipment must be transported from the Locard’s principle of exchange, the very act of collecting
vehicle in other containers. The most frequently used evidence, no matter how carefully done, will result in a post-
equipment should be in the most accessible locations crime transfer of material. When anything is introduced to
in the vehicle. Substances that freeze or change consis- the scene that was not there originally, contamination has
tency in temperature extremes should be protected. occurred. In fact, most contamination is caused by those
All selected vehicles should be equipped with radio who are investigating the crime scene (Warrington, 2014).
communication and be able to convey equipment to To minimize contamination of a crime scene and
disaster scenes as well as crime scenes—to make them the evidence within, cordon off the area and keep all un-
cost-effective. Cost reduction can be achieved if vehicles necessary people, including police officers, outside the
are shared by multiple jurisdictions. For example, cit- scene perimeter. Law enforcement officers not assigned
ies or counties may partner to form a crime scene team to the crime who walk through a scene out of curiosity
that responds to serious crimes; this multijurisdictional can obliterate clues and add trace evidence.
approach shares costs for training, equipment, vehicles, Another important step to minimizing contamina-
and personnel expenses. Cost-effectiveness can be fur- tion is for all personnel processing the scene to wear
ther enhanced if the vehicles are available as command protective clothing, including Tyvek suits that cover the
posts, for stakeouts, and as personnel carriers. head, disposable gloves, and shoe booties. Such protec-
Regardless of whether you work with a fully tive gear keeps fibers, hairs, dirt, and anything else pres-
equipped mobile crime laboratory or a small, portable ent on the investigator’s clothing from falling off and
crime scene investigation kit, your knowledge and skills contaminating the crime scene.
as an investigator are indispensable to a successful in- Take extreme care to avoid cross-contamination, that
vestigation. The most sophisticated, expensive inves- is, allowing items of evidence to touch one another and
tigative equipment available is only as effective as you thus exchange matter. When using the same tool for sev-
are in using it. eral tasks, be certain it is thoroughly cleaned after each
Chapter 5 Forensics/Physical Evidence 139
(Left image) The Bode SecurSwab Collection Kit allows investigators to collect, document, and transport up to five DNA samples from a crime
scene. The kit contains a SecurSwab SIT Collector, a DNA Collector Transport Pouch, a sterile water vial, a dust mask, a pair of gloves, and a
© 2014 Cengage Learning. All Rights Reserved. This content is not yet final and Cengage Learning
pre-printed envelope for documentation and transport to the lab. If a dditional samples are required, a sterile swab from a crime scene toolbox is used.
(Right image) The Bode SecurSwab has been validated for sample collection on surfaces commonly found at crime scenes including aluminum, paper,
cotton, ceramic, concrete, wood, glass, metal, and cardboard.
does not guarantee this page will contain current material or match the published product.
Copyright © 2011 The Bode Technology Group, Inc. All rights reserved.
use to prevent the transfer of material from one piece of The value of evidence may also be compromised by
evidence to another. Be sure to change gloves frequently, improper collection, handling, or identification. There-
particularly when handling different items that may con- fore, investigators’ evidence processing skills are ex-
tain trace evidence, because cross-contamination can tremely important.
easily occur from such multiple handlings. A common
practice is to wear two pairs of gloves so that when the
outer layer needs changing, it can be taken off quickly
and fresh pair put back on, without the risk of con- Processing Evidence:
taminating the scene with an officer’s bare hands (War-
rington, 2014).
Maintaining the Chain of
Bag items of evidence separately to prevent transfer Custody from Discovery
of material between them. For example, in a sexual assault to Disposal
investigation, each item of clothing should be placed in its
Simply collecting physical evidence is not enough. To be
own bag to prevent fluids, fibers, or other trace evidence
of value, the evidence must be legally seized and properly
on that item from potentially mixing with those on other
and legally processed. Of importance at this point is pro-
items. Finally, bag gloves and shoe coverings and submit
cessing evidence correctly.
them with the evidence, in the event that such protective
gear has picked up any evidence. Gloves, booties, and any
other clothing that has been in contact with bodily fluids LO1 Processing physical evidence correctly includes
should be bagged and labeled as a biohazard. discovering or recognizing it; collecting, recording,
Make sure that evidence does not lose its value— and identifying it; packaging, conveying, and storing
its integrity—because of a contaminated crime scene. it; examining it; exhibiting it in court; and disposing
Integrity of evidence refers to the requirement that any of it when the case is closed.
item introduced in court must be in the same condition
as when it was found at the crime scene. This is docu-
mented by the chain of evidence, also called the chain of
custody: documentation of what has happened to the ev- Discovering or Recognizing Evidence
idence from the time it was discovered until it is needed During a crime scene search, it is often difficult to deter-
in court, including every person who has had custody of mine immediately what is or might be evidence. Numer-
the evidence and why. ous objects are present, and not all are evidence.
© 2014 Cengage Learning. All Rights Reserved. This content is not yet final and Cengage Learning
Evidence at a crime scene must be properly identified, collected,
which will be explored in greater depth in Chapter 21, law and preserved to be of value. Crime scene tape helps protect the
enforcement officers are required to gather all evidence area from contamination or the destruction or removal of e vidence.
does not guarantee this page will contain current material or match the published product.
that helps establish guilt or innocence. Officers must, Here, investigators walk between police lines in front of the
however, be aware of the risks inherent in both over- and wreckage of a tractor trailer truck that burned after crashing into
under-disclosure: “Over-disclosure could unnecessarily the southern entrance of the California State Capitol building the
previous day. The driver of the truck was killed in the crash. Police
muddy the waters of the case and, in some cases, harm the
officials believed the crash was intentional and treated the area as
reputation of a witness officer. Under-disclosure would a crime scene.
deprive the original defendant of his constitutional right © Lou Dematteis/Reuters/Corbis
to a fair trial and could even lead to civil liability for law
enforcement” (Means, 2008, p. 12). Investigators must use
common sense in deciding what is or might be evidence. pocket can be compared with glass collected from a win-
The importance of physical evidence depends on dow pane broken during a burglary.
its ability to establish that a crime was committed and Sometimes how an object fits with the surroundings
to show how, when, and by whom. Logic and experience determines whether it is likely to be evidence. For ex-
help investigators determine the relative value of physi- ample, a man’s handkerchief found in a women’s locker
cal evidence. Evidence in its original state is more valu- room does not fit. The same handkerchief in a men’s
able than altered or damaged evidence is. locker room is less likely to be evidence.
Probabilities play a large role in determining the Sometimes, to detect evidence, the human eye needs
value of evidence. Fingerprints and DNA, for example, assistance. Tools and techniques available to enhance
provide positive identification. In contrast, blood type evidence detection include forensic light sources (FLSs)
does not provide positive identification, but it can help and three-dimensional (3-D) technology.
eliminate a person as a suspect. FLSs, also called alternative light sources (ALSs), are
An object’s individuality is also important. For ex- becoming increasingly popular and easier to use. An FLS
ample, a heel mark’s value is directly proportional to the that works on the principle of ultraviolet fluorescence,
number of its specific features—such as brand name, infrared luminescence, or laser light can make evidence
number of nails, and individual wear patterns—that can visible that is not otherwise detectable to the naked
be identified. Some objects have identification marks eye, such as latent prints, body fluids, and even altered
on them. Other evidence requires a comparison to be of signatures.
value—a tire impression matching a tire, a bullet match- Ultraviolet (UV) light is the invisible energy at the
ing a specific revolver, a torn piece of clothing matching violet end of the color spectrum that causes substances
a shirt. to emit visible light, commonly called fluorescence. Evi-
A standard of comparison is an object, measure, or dence that fluoresces, or glows, is easier to see—some-
model with which evidence is compared to determine times thousands of times easier. For some kinds of
whether both came from the same source. Fingerprints hard-to-see evidence—small amounts of semen, for
are the most familiar example of evidence requiring a instance, or fibers—an FLS is the only practical way to
standard of comparison. A fingerprint found at a crime make the invisible visible. An inexpensive tool for in-
scene must be matched with a known print to be of vestigators projects a filtered light beam onto evidence
value. Likewise, a piece of glass found in a suspect’s coat dusted with fluorescent powder, and a luminescent print
Chapter 5 Forensics/Physical Evidence 141
all 14 casings. 110 volt AC outlet or it can run off its integrated
The Law Enforcement Thermographers Associa- battery for about 1.5 hours of continuous use. This
means no more portable generators and extension
does not guarantee this page will contain current material or match the published product.
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does not guarantee this page will contain current material or match the published product.
reduce its value by the identification marking. Where that is folded using a druggist fold so that the evidence
and how to mark depends on the item. A pen is suitable cannot fall out.
for some objects. A stylus is used for those that require a
more permanent mark that cannot be done with a pen,
such as metal boxes, motor parts, and furniture. Other LO1 Package each item separately in a durable container
to maintain the integrity of evidence.
objects can be tagged, labeled, or placed in containers
that are then marked and sealed.
Packaging is extremely important. An investigator
should have both plastic and paper forms of packag-
ing available so items can be packed properly based on
LO1 Record in your notes the date and time of collection,
where the evidence was found and by whom, the what the evidence is. Although sometimes plastic bags
case number, a description of the item, and who took are used, few departments use plastic because it does
custody of it. not “breathe” and hence may cause condensation to
form. This can impede laboratory examination of the
evidence. Many departments use new brown-paper
Evidence descriptions can be entered into the com- grocery bags, especially for clothing. Although boxes
puter and cross-referenced to current cases in the local may be better in some respects and are preferable for
jurisdiction and the surrounding area. handguns, they can be impractical to carry and difficult
to find. You can usually find a supermarket open some-
where if you run out of bags. Be sure to provide a means
Packaging and Preserving Evidence of sealing whatever type of container is used to main-
Careful packaging maintains the evidence in its orig- tain the integrity of the evidence. Remember to put a
inal state, preventing damage or contamination. Do biohazard sticker on or otherwise label packages hold-
not mix, or cross-contaminate, evidence. Package ing items that contain bodily fluids. Some agencies also
each item separately, keeping in mind the specific re- provide investigators with stickers to identify packages
quirements for that type of evidence. Some evidence containing chemicals.
is placed in sterile containers. Other types, such as Preserve evidence on immovable items at the
firing-pin impressions or markings on a fatal bullet, are scene. Often some reproduction of the evidence is
packed to prevent breakage or wrapped in cotton to made. Fingerprints are developed, photographed,
prevent damage to individual characteristics. Hairs, fi- lifted, and later compared. Tool marks are repro-
bers, and other trace evidence are often placed in paper duced through photography, modeling clay, moulage,
Chapter 5 Forensics/Physical Evidence 143
properly identified and recorded in your notes. Submit- be categorized and described, including ownership
ting inadmissible evidence is costly and inefficient. Pack (rightful, seized, found, etc.). Its location should be
does not guarantee this page will contain current material or match the published product.
any bulky item in a sturdy box, seal the box with tape, and documented, as should its disposition (returned, auc-
mark it “evidence.” If any latent evidence such as a finger- tioned, burned, etc.).
print is on the surface of the object be sure to state this All evidence received is recorded in a register, prop-
clearly (Figure 5.1). erly marked, and put in an appropriate storage place. An
Place a transmittal letter to the laboratory in an evidence custodian checks each piece of evidence to en-
envelope attached to the outside of the box. This letter sure that all forms are properly completed and that the
should contain the name of the suspect and the vic- evidence is the same as described in the forms. Strict
tim, if any; indicate what examinations are desired and checkout procedures ensure that the evidence is always
which tests, if any, have already been done; and refer to accounted for. Everyone who takes evidence signs for
any other pertinent correspondence or reports. Include a it, giving the date, time, place it is to be taken, and pur-
copy of the letter with the evidence, and mail the original pose. When the evidence is returned, it is again signed
separately. Retain a copy for your files. Figure 5.2 shows for, dated, and examined to ensure it is in the same con-
a sample letter. dition as when taken. Any change in condition is noted
and explained.
XQ12345678
SECtiON 2
Not For Sale
Basic Investigative Responsibilities
DNA/Biological Evidence
DNA and other forms of biological
11/21/2011 evidence should be collected and
BIOHAZARD
packaged dry using paper bags,
envelopes, and boxes. Avoid using
plastic or containers that hold moisture
EVIDENCE EVIDE
NCE E
VIDENCE
to prevent decomposition of the sample.
L SEA
1
11-21-201
CONTENT
DNA
S
-EVIDENCE-
Sealing of Evidence
Submitting Agency:
PRIN
T S to prevent contamination and to maintain
ENT
LAT the integrity of the sample. Self-sealing
Location Where Collected:
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If the evidence contains biohazardous material,
11/21/2011 bongs, pipes, containers, a biohazard sticker should also be placed on
cans, etc. Items can also include the evidence.
vegetation and organic substances.
E
NARCOTICS EVIDENC
does not guarantee this page will contain current material or match the published product.
EVIDENCE EVIDE
NCE EVIDENC E Nonorganic items should be EVIDENCE EVIDE
NC E EVIDE
SEAL SEAL NC E
11-21-2011
CONTENTS
packaged accordingly using bags XQ12345678 11-21-TS201
CONTEN
1
CHAIN
OTICS
NARCENCE
11/21/2011
DNA
OF CUST
ODY
EVID
Organic items should also be BIOHAZARD
Ballistics/Tool Mark/Castings
E V ID E
E V I DE
NC
E VI DE
Firearms should be packaged
E
EV
NC
ID
N
E
EV C
KNIFE BOX ID E E
E NDE
NC EV
EV
NC
E E
VI D E N C E E V
IDE
C ID E
I
EV
NC E
E
I D E N C EE E
C
N
E
EV
Figure 5.1
Evidence packaging.
Chapter 5 Forensics/Physical Evidence 145
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does not guarantee this page will contain current material or match the published product.
Figure 5.2
Bureau of Criminal Apprehension (a division of the Minnesota Department of Public Safety) evidence processing request.
Source: https://dps.mn.gov/divisions/bca/bca-divisions/forensic-science/Documents/Minnesota%20BCA%20Forensic%20Science%20Service%20Analysis%20Request%20Form.pdf
a danger to property room managers, require special on labels can become smudged, blurred, or faded to the
training in handling, and necessitate specialized facili- point of illegibility. Therefore, use extreme care when-
ties and features for safe storage. Electronic evidence, ever handling evidence, keeping it away from moisture,
such as computers and digital storage media, must be heat sources, and any other factor that may degrade the
kept away from strong magnets and other forces that integrity of the evidence.
may corrupt the data. Improperly sealed containers can Managing the growing mass of evidence is becom-
allow liquid evidence to evaporate or moisture to en- ing increasingly challenging. Nationwide, law enforce-
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does not guarantee this page will contain current material or match the published product.
Figure 5.2
(continued)
space to accommodate the seemingly exponential in- manage the property/evidence room. Many property
crease in the quantity of evidence they must store for control systems are using bar codes, which are extremely
longer periods, as scientific advances in DNA technol- efficient and effective. At the time property is “booked,”
ogy have caused many state legislatures to extend or it is entered into a computer and given a bar code, which
eliminate their statutes of limitation. is affixed to the item. During any subsequent signing in
Automated evidence storage can prevent many or out of the property, the chain of custody is updated by
problems. Computer programs are available to help scanning the item’s evidence bar code into the log. Such
Chapter 5 Forensics/Physical Evidence 147
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does not guarantee this page will contain current material or match the published product.
Figure 5.2
(continued)
a system provides an audit trail, helps with the inventory to spend collecting and recording evidence at compli-
process, and prints management and audit reports and cated crime scenes, such as homicides or major traffic
disposition logs. crashes.
Handheld computers and portable printers capable More advanced evidence tracking systems include
of generating bar-coded labels are making the task of software that can integrate both physical and elec-
tagging and securing evidence more manageable. Bar tronic evidence, allowing the attachment of electronic
the physical evidence itself ) to individual case files. Scientific evidence is commonly presented in court
If investigators need to access the evidence, they can as part of either the prosecutor’s or the defense’s case
pull up the electronic version online rather than hav- and is frequently accompanied by expert testimony.
ing to check the physical evidence out of the system. When assessing the admissibility of expert opinions
These systems usually include a digital signature fea- based on scientific evidence or knowledge, courts look
ture to track who has accessed the evidence (Mitchell, to the rulings of the Frye and Daubert cases for guidance.
2009). The opinion in Frye v. United States (1923) reads, in part,
The consequences of mishandling such property can “Just when a scientific principle or discovery crosses the
range from public embarrassment to financial liability, line between the experimental and demonstrable stages
civil charges against the department, and the inadmissi- is difficult to define. Somewhere in this twilight zone the
bility of key evidence. All too often defendants are found evidential force of the principle must be recognized, and
not guilty because evidence in the chain of custody is not while courts will go a long way in admitting expert tes-
documented and cannot be determined. Furthermore, timony deduced from a well-recognized scientific prin-
officers may be held civilly or even criminally liable if a ciple or discovery, the thing from which the deduction is
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case is thrown out because their negligence has com- made must be sufficiently established to have gained gen-
promised the chain of custody. Mismanaged evidence eral acceptance in the particular field in which it belongs”
does not guarantee this page will contain current material or match the published product.
compromises the case at hand and can have negative im- [emphasis added].
pacts on other cases as well, if defense attorneys are able The merits of Frye faced much debate, and the Frye
to show prior instances of poor evidence management test was effectively displaced when the Supreme Court,
(Schreiber, 2009). in Daubert v. Merrell Dow Pharmaceuticals (1993), held
that the Federal Rules of Evidence, not Frye, provide
the standard for admitting expert scientific testimony.
Exhibiting Evidence in Court Within the rules is specifically R.702, which speaks
directly to expert testimony: “If scientific, technical, or
Evidence is of little value to a criminal case if it is inad- other specialized knowledge will assist the trier of fact
missible in court. Therefore, adherence to a strict pro- to understand the evidence or to determine a fact in
tocol is essential to ensure that evidence may be used issue, a witness qualified as an expert by knowledge, skill,
during a trial. experience, training, or education, may testify thereto in
the form of an opinion or otherwise.”
In its opinion summary the Supreme Court stated,
LO3 To ensure admissibility of evidence in court, be able “‘General acceptance’ is not a necessary precondition
to (1) identify the evidence as that found at the crime to the admissibility of scientific evidence under the Fed-
scene, (2) describe exactly where it was found, eral Rules of Evidence, but the Rules—especially R.702—
(3) establish its custody from discovery to the
do assign to the trial judge the task of ensuring that an
present, and (4) voluntarily explain any changes
that have occurred in the evidence.
expert’s testimony both rests on a reliable foundation
and is relevant to the task at hand. Pertinent evidence
based on scientifically valid principles will satisfy those
Typically, the officer who will identify the evidence demands.” This requirement that an expert’s testi-
in court obtains it from the evidence custodian and mony be both reliable and relevant is known as the
delivers it to the prosecuting attorney, who takes it to two-pronged Daubert standard.
the courtroom and introduces it at the proper time.
The identifying officer uses the notes he or she made
at the scene to lay the proper foundation for identifying
the evidence. Final Disposition of Evidence
In addition to the integrity of the evidence itself, Evidence must be legally disposed of to prevent major
consideration should be given to how evidence is pre- storage problems as well as pilferage or unauthorized
sented in court. Evidence presented in a dirty, battered conversion to personal use. State statutes and city ordi-
cardboard box creates a much different image than evi- nances specify how to dispose of evidence, but most do
dence presented in a clean, neatly labeled box. Simple not specify when this should occur. Therefore, depart-
details like this can make a difference in jury perception, ments typically go by the statute of limitations for the
which, right or wrong, influences the credibility of the type of case when deciding how long to hold items of evi-
prosecution’s case. dence before disposing of them. Every criminal offense
Chapter 5 Forensics/Physical Evidence 149
has a statute of limitations except homicide, and these If property is unclaimed, training coordinators may see
statutes vary from state to state. if there is use for it. For example, weapons are often dis-
In cases involving suspects, arrests, plea bargains, or guised for concealment and can be used in use-of-force
trials, evidence is held until the case is cleared, at which classes. Drug evidence can be shown to landlords as
time personal property may be returned to the rightful examples of what to look for if they suspect their tenants
owner. In cases in which prosecution is not anticipated, are involved in illegal narcotic activity.
contraband items can be released at any time. In mis- Having explored the path evidence generally takes
demeanor cases where there are no suspects or arrests during the course of an investigation, the discussion now
after one year, the property can generally be returned to turns to the most common types of evidence encoun-
the owner, sold, or destroyed. Items of evidence may also tered and how they are examined.
be returned or otherwise disposed of because the cases
have exceeded the statute of limitations. As a general
rule, evidence for felony cases is held three to five years, Frequently Examined Evidence
and evidence in sexual assault cases is retained for five
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jj There
Not For Sale
Basic Investigative Responsibilities
is wide variability in forensic science disci- surface the finger touches, leaving behind a print if the
plines, not only in techniques and methodologies but surface is relatively smooth.
also in reliability, error rates, reporting, research, These prints are useful in criminal investigations
general acceptability, and published material. because a person’s friction-ridge patterns are formed
jj There is a dearth of peer-reviewed, published studies before birth and remain the same throughout that per-
establishing the scientific bases and reliability of many son’s life. The lines in the thumbprint raindrops made
forensic disciplines. by a second grader in art class will be the same pattern
the person’s thumb will leave on the newspaper he or she
jj Many labs are underfunded and understaffed, which reads every morning before going to work years later.
contributes to case backlogs and likely makes it more Besides remaining consistent over time, prints are useful
difficult for lab workers to do as much as they could because they are unique—no two people have the same
to inform investigations, provide strong evidence for friction-ridge pattern. Therefore, through friction-ridge
prosecutions and avoid errors. analysis, a fingerprint can be a positive way to prove that
jj Mostlabs operate under the auspices of law a suspect was at a crime scene. The implications of find-
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enforcement agencies, making them susceptible to ing identifiable prints at the scene vary with each case.
pressures—overt and otherwise—to produce the For example, prints may not be important if the suspect
does not guarantee this page will contain current material or match the published product.
kinds of results that police and prosecutors are had a legitimate reason for being there. Often, however,
looking for. this is not the case.
jj Rigorousand mandatory accreditation and certifica- Although many laypeople assume that identifiable
tion programs are lacking, as are strong standards fingerprints are almost always found at a crime scene,
and protocols for analyzing and reporting on forensic in many cases none are found. Even when they are, it
evidence. Only a few states require crime labs to be is often difficult to locate the person who matches
accredited. the prints. If a person’s prints are not on file and there
are no suspects, fingerprints are virtually worthless.
Other times, however, fingerprints are the most im-
portant physical evidence in a case (Figure 5.3). Find-
LO4 Frequently examined physical evidence includes
ing fingerprints at a crime scene requires training and
fingerprints; voiceprints; language; DNA; blood and
other body fluids; scent; hairs and fibers; shoe and experience. An excellent reference for more informa-
tire prints and impressions; bite marks; tools and tool tion on fingerprint identification is The Fingerprint
marks; firearms and ammunition; glass; soils and Sourcebook (2011).
minerals; safe insulation; rope, strings, and tapes; Fingerprints are of various types:
drugs; documents; laundry and dry-cleaning marks;
jj Latentfingerprints are impressions transferred to a
paint; skeletal remains; wood; digital evidence; and
other types of evidence, including weapons of mass surface, either by sweat on the ridges of the fingers or
destruction. because the fingers carry residue of oil, dirt, blood, or
other substances. Latent prints are not readily seen
but can be developed through powders or chemicals.
Fingerprints They are normally left on nonporous surfaces.
“Since Francis Galton published his classic textbook jj Visiblefingerprints are made when fingers are dirty
Finger Prints in 1852 and Sir Edward Henry developed a or stained. They occur primarily on glossy or light-
system to classify fingerprints in 1897, it could be argued colored surfaces and can be dusted and lifted.
that the science of fingerprinting remains the single jj Plastic
fingerprints, one form of visible print, are
most important discovery in criminal justice. Only DNA impressions left in soft substances such as putty,
rivals the fingerprint as an absolute method of proving a grease, tar, butter, or soft soap. These prints are
person’s identification” (Jetmore, 2008, p. 77). photographed, not dusted.
At the end of each human finger, on the palm side,
exists a unique arrangement of small lines called fric- Any hard, smooth, nonporous surface can contain
tion ridges, which provide just enough roughness to give latent fingerprints. Nonporous surfaces include light
fingers “traction” when holding or otherwise manipulat- switches; window frames and moldings; enameled sur-
ing objects. Within these friction ridges lie sweat pores. faces of walls, doors, and painted or varnished objects;
When the sweat they produce mixes with body oils, wood; lamps; polished silver surfaces; and glass. Finger-
dirt, or other matter, that substance will rub off on any prints often occur on documents, glass, metals, tools,
Chapter 5 Forensics/Physical Evidence 151
Figure 5.3
Three men checked into a motel at
11:00 p.m. Shortly after midnight,
when a new desk clerk came on
duty, the men went to the office and
committed an armed robbery. Police
investigating the scene went to the
room occupied by the three men
and found a latent fingerprint on an
ashtray. The print was later matched
to one of the suspects whose
fingerprints were on file with the
police department.
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does not guarantee this page will contain current material or match the published product.
and weapons used in a crime as well as on any objects forensic integrity and evidentiary value of the print, is
picked up or touched by a suspect or any other person. using a contaminated brush: “Although using fingerprint
Objects such as firearms, tools, small metal objects, powder is quick and inexpensive, concerns have been
bottles, glassware, documents, and other transportable raised recently concerning the possibility of contam-
items are submitted to a laboratory, where the prints are ination due to the transfer of DNA through the use of
developed by experts. fingerprint brushes. . . . Crime scene examiners are be-
Some porous materials also produce latent prints. ing warned to be aware of this possibility” (Yamashita &
For example, paper and cloth surfaces have developed French, 2011, pp. 7–14).
excellent prints. Passing a flashlight at an oblique angle To dust for fingerprints, follow these steps:
over a surface helps to locate possible prints. Latent
1. Make sure the brush is clean and that you are wear-
prints have even been collected from human skin.
ing a clean pair of gloves. Roll the handle of the
Begin the search for fingerprints by determining
brush between your palms to separate the bristles.
the entry and exit points and the route through a crime
scene. Look in the obvious places as well as less-obvious 2. Shake the powder can to loosen the powder. Open the
places such as the underside of toilet seats and the back can and place a small amount of powder into the lid.
of car rearview mirrors. Examine objects that appear to Dip the brush into the powder contained in the lid,
have been moved. You may need to expose surfaces to not directly into the can, so as to avoid contaminat-
lighting at different angles to see prints. Consider the ing the entire powder container. The remaining pow-
nature of the crime and how it was probably committed. der in the lid should be discarded before replacing the
Prints found on large, immovable objects are processed lid back on the can.
at the scene by photographing or dusting with powder or 3. Apply the powder lightly to the print, following the
chemicals. contour lines of the ridges to bring out details.
4. Remove all excess powder.
Dusting Latent Fingerprints. Fingerprint dusting
5. Photograph.
powders are available in various colors and chemical
compositions to provide maximum development and Use a camel-hair brush for most surfaces. Use an
contrasts. When dusting for fingerprints, use a powder aspirator for dusting ceilings and slanted or difficult ar-
that contrasts in color to the surface. Do not powder a eas. If in doubt about which powder or brush to use, test
print unless it is necessary, and do not powder a visible them on a similar area first.
print until after you photograph it. Learn to use the various materials by watching
Spraggs (2007, p. 26) cautions, “The number one an experienced investigator demonstrate the correct
mistake officers make is over-processing the latent fin- powders, brushes, and techniques. Then practice plac-
gerprint. First rule: use less powder than you think you ing latent prints on various surfaces and using dif-
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does not guarantee this page will contain current material or match the published product.
adheres and how much color contrast it provides. Chemical Development of Latent Fingerprints. Al-
Practice until you can recognize surfaces and select the though powders are used to develop latent fingerprints
appropriate powder. on many surfaces, they are not recommended for un-
When photographing developed latent prints, record painted wood, paper, cardboard, or other absorbent sur-
the color of the powder used, the color of the surface, and faces. Using powder on such surfaces will smudge any
the location of the prints. Place your identification, date, prints, destroying their value as evidence. For such sur-
and case number on the back of the photograph and sub- faces, use a special chemical such as iodine, ninhydrin,
mit it to the crime laboratory. The laboratory will deter- or silver nitrate.
mine whether it is an identifiable print and whether it Use gloves and a holding device to avoid contam-
matches a known suspect or other people whose prints inating the evidence by inadvertently adding your own
were submitted for elimination. fingerprints. The chemicals can all be applied to the
same specimen because each reacts differently with
Lifting Prints. To lift fingerprints, use a commercially various types of materials. However, if all are used, the
prepared lifter that has both a black-and-white back- order must be iodine first, then ninhydrin, and finally
ground and a wide transparent lift tape. Use black lifters silver nitrate.
for light powders and light lifters for black powders. In the iodine method, iodine crystals are placed in
To lift prints on doorknobs or rounded surfaces, a fuming cabinet or a specially prepared fuming gun.
use transparent tape so you can see any spots where The crystals are heated and vaporized, producing a vio-
the tape is not sticking. Put the tape over the dusted let fume that is absorbed by the oil in the fingerprints.
print. Do not use too much pressure. Work out any The fingerprint ridges appear yellow-brown and must be
bubbles that appear under the tape by applying extra photographed immediately because they fade quickly.
pressure. When you have lifted the print, transfer it to a Fuming cabinets and guns can be made or purchased
fingerprint card. from police supply houses.
Common errors in lifting prints include removing The ninhydrin method develops amino acids. Nin-
too much or too little powder from the ridges, allow- hydrin (highly flammable) is available in spray cans or
ing bubbles to develop under the tape, and failing to in a powder form from which a solution of the powder
make two lifts when a second lift would be better than and acetone or ethyl alcohol is made. The evidence is
the first. then either sprayed or brushed with or dipped into the
Chapter 5 Forensics/Physical Evidence 153
developed more rapidly by applying light until they start tive method of detecting and enhancing prints that is
to develop. They should be photographed immediately faster and less expensive than traditional techniques.
The method uses a product called Lumicyano™ to en-
does not guarantee this page will contain current material or match the published product.
Inked Prints. Most police departments have equip- Digital Fingerprinting. Advances in computer technology
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advance in crime fighting, first proving its value when it was
used to solve the “Night Stalker” serial killer case in 1985.
does not guarantee this page will contain current material or match the published product.
The FBI’s AFIS provides five major services to local,
state, and federal law enforcement and criminal justice
agencies:
RF Corbis/Photolibrary/Getty Images
jj Tenprint-based identification services (i.e., 10 rolled
fingerprint impressions and 10 flat fingerprint
impressions).
jj Latent fingerprint services.
jj Subject search and criminal history services.
jj Document and image services.
jj Remote search services.
One benefit of electronic fingerprinting systems is their
increased speed and accuracy. Another major benefit of this
technology is the ability to transmit the print image over
telephone or cable lines from one AFIS system to another
or to computerized criminal records centers. This feature
Lifting a print involves dusting powder onto a surface to reveal the also allows international sharing of databases to help cap-
print (top image) and then applying a lifter, typically a transparent ad-
ture criminals who move from one country to another.
hesive tape, over the print. The next step is to transfer the lifted print
on the tape to a print card (bottom image). In September 2006, the FBI and the Department of
Jochen Tack/imagebroker/AGE Fotostock Homeland Security merged their fingerprint databases into
what is called the Integrated Automated Fingerprint Iden-
electronic image or inkless fingerprint that is stored in a da- tification System, known as IAFIS. The merger of databases
tabase for rapid retrieval. In this method, a suspect’s hand containing millions of fingerprints taken from convicted
is placed onto a glass platen, where a laser optically scans criminals and illegal immigrants marks an unprecedented
the prints and transfers them onto a fingerprint card. Ben- interagency effort to capture more terrorists and solve
efits of using optical live-scan devices include rapid, accu- more crimes. A fingerprint entered into IAFIS led to Lee
rate acquisition of a print; simple storage; easy retrieval; Boyd Malvo, one of the two suspects in the Washington,
and quick transmittal to other officers and agencies. DC, area sniper case. Malvo had been previously arrested
Stored fingerprint information includes the person’s by the Immigration and Naturalization Service (INS).
gender, date of birth, classification formula, and each In 2011, the FBI upgraded its AFIS to Advanced Fin-
finger’s ridge count. This Automated Fingerprint Identi- gerprint Information Technology (AFIT), an integrated sys-
fication System (AFIS) technology maps fingerprints and tem that can also incorporate additional biometric data
creates a spatial geometry of the minutiae of the print, such as latent palmprints and facial recognition technol-
which is changed into a binary code for the computer’s ogy (“FBI Upgrades Fingerprint System,” 2011). AFIT is
searching algorithm. When queried, the system selects part of the FBI’s broader technology initiative called Next
the cards within the range limitations for the entered Generation Identification (NGI), which also includes an
Chapter 5 Forensics/Physical Evidence 155
period in which a suspect is most likely to be identified. cers believe is fraudulent or altered. The positive return
Despite the many benefits provided by automated in Los Angeles County includes a photograph, a name,
does not guarantee this page will contain current material or match the published product.
fingerprint technology, these programs simply search and the latest arrest information” (Norton, 2009, p. 34).
the databases for possible matches. In the end, a human Extremely portable, the device chosen by the Los
fingerprint examiner must determine the match. In ad- Angeles County Sheriff’s Department weighs less than
dition: “The database contains the fingerprints of only a three ounces, is smaller than the average cell phone,
small percentage of the population. Moreover, to make a and can return a hit fairly quickly, often in less than two
comparison, the latent print must be of sufficient quality minutes. The impact of such fingerprint readers in Los
to identify certain individual characteristics” (Bowen & Angeles County has been significant, and success stories
Schneider, 2007). continue to accrue.
Figure 5.4
Nine basic fingerprint patterns.
Source: Courtesy of the FBI Law Enforcement Bulletin
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valuable in criminal investigations. An automated fingerprint identification system compares fingerprints
recovered at crime scenes with the millions of prints stored in its
does not guarantee this page will contain current material or match the published product.
database. This technology enables large numbers of fingerprints to be
analyzed more rapidly and accurately than did the traditional method
LO5 Fingerprints are positive evidence of a person’s of visual analysis conducted by a print technician. Here the software
identity. They cannot, however, indicate a person’s identifies specific minutiae (unique characteristic identifiers) shared by
age, sex, or race. the evidence (latent) print and a particular individual’s (suspect’s) print.
© Joel Gordon
In another case, a string of peeping-Tom cases was A useful and often overlooked type of evidence is the
solved because of three lip impressions left by the sus- actual language used by victims, witnesses, and suspects
pect on a windowpane. And in a case in Illinois, au- at the crime scene. Analysis of such “excited utterances”
thorities matched lip prints on a piece of duct tape the can reveal the speaker’s state-of-mind and may be admit-
suspect had held in his mouth while binding a victim. ted into testimony even if the person does not testify.
To qualify for this exception to the hearsay rule, the vic-
tim or witness must have seen an exciting or startling
Voiceprints event and made the statement while still under the stress
of the event. This is similar to res gestae statements dis-
A voiceprint is a graphic record made by a sound spectro-
cussed in Chapter 1. To capture this type of evidence,
graph of the energy patterns emitted by speech. Like fin-
many officers and investigators carry lightweight digital
gerprints, no two voiceprints are alike. Voiceprints can
voice recorders with date- and time-stamp features.
assist in identifying bomb hoaxers, obscene phone call-
ers, and others who use the phone illegally. A voiceprint
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“Spectrographic examinations compare an unknown re- known as chromosomes, which are made of DNA. DNA, or
corded voice sample with a known verbatim voice exem- deoxyribonucleic acid, is an organic substance contained
plar produced on a similar transmission-and-recording in a cell’s nucleus. The DNA double-helix strand is com-
device such as the telephone. Decisions regarding spec- posed of building blocks called nucleotides, which consist
trographic voice comparisons are not conclusive. The of a base molecule connected to a molecule of sugar and a
results are for investigative guidance only” (Waggoner, molecule of phosphoric acid. The four bases are adenine
2007, pp. 18–19). (A), guanine (G), cytosine (C), and thymine (T), which link
As with many other investigative techniques, ad- to each other to form a chain millions of nucleotides long.
vances in forensic audio analysis are giving investigators Within this DNA chain are areas of conserved regions,
higher-quality data despite efforts of those being sur- where the A–T–C–G pattern is the same for every hu-
veilled to distort their voices or conceal them with high man, and variable regions, where the nucleotide sequence
levels of background noise. Use of adaptive digital fil- is distinct and different for every person, thereby deter-
ters can remove background noise and enhance speech mining a person’s individual characteristics. This unique
and data from tapes. This technology can also analyze genetic code can be used to create a genetic finger-
sounds other than voices, thus converting annoying print to positively identify a person. Except for identical
background noise into isolated, distinguishable sounds (monozygotic) twins, no two individuals have the same
that give clues about where the calls are originating. DNA structure.
The use of voiceprints in criminal trials is controver-
sial. In a number of cases, convictions obtained through
voiceprints have been reversed because the voiceprints LO5 DNA can tell investigators the sample donor’s gender,
were not regarded as sufficiently reliable. ethnicity, eye color, and hair color, and matching DNA
to a known profile can provide positive identification
of an individual.
Language Analysis
An individual’s communication, whether written or spo-
ken, may provide clues about his or her gender, age, race Myth Identical twins have the same DNA.
or ethnicity, or what part of the country (or world) the
person grew up in or has spent recent time in. Language
analysis may also provide insight into a person’s educa- Fact While identical (monozygotic) twins are born
tional level, political views, and religious orientation, with identical DNA sequences, studies are begin-
which may in turn provide further evidence regarding a ning to suggest that random mutations that occur
criminal motive. One area of language analysis involves spontaneously over the course of one’s lifespan
psycholinguistics, the study of the mental processes in- may allow for the detection of these slight genetic
volved in comprehending, producing, and acquiring divergences and variations over time (Drake, 2014).
DNA profiling can be done on cells from almost any crimes can be extraordinarily beneficial. For example, a
part of the body and is used in paternity testing, immi- 2008 DNA field experiment that compared burglary in-
gration disputes, missing persons and unidentified body vestigations using traditional methods, including finger-
cases, and criminal and assailant identification. DNA print analysis, to burglary investigations that added DNA
analysis was used to identify many of the World Trade technology to traditional methods found (National Insti-
Center victims killed on September 11, 2001. DNA keeps tute of Justice, 2010):
its integrity in dried specimens for long periods and con- jj Suspect identifications and arrests doubled—
sequently can help resolve cold cases.
Twice as many property crime suspects were identi-
In the past, DNA evidence was usually collected only
fied and arrested when DNA evidence was collected
in violent crimes. In fact, the FBI laboratory does not ac-
(in addition to fingerprint evidence) compared to a
cept cases involving property crimes such as theft, fraud,
traditional property crime investigation.
burglary, and automobile theft unless the cases involve
jj Cases accepted for prosecutions doubled—More than
more than $100,000. Part of the reason is that an average
DNA case costs approximately $2,000 in forensic science, twice as many cases were accepted for prosecution when
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analytical time, and supplies. However, law enforce- DNA evidence was processed than when it was not.
ment agencies nationwide are beginning to recognize jj The suspects arrested through DNA identifica-
does not guarantee this page will contain current material or match the published product.
the value of using DNA technology to solve high-volume tions were more dangerous—DNA arrestees had
property crimes, such as burglary, despite the cost of double the number of prior arrests and double the
such analysis (Wilson, McClure, and Weisburd, 2010). prior convictions as those arrested through traditional
Studies indicate that habitual burglars commit an av- investigations.
erage of more than 230 high-volume offenses each year jj DNA was twice as effective in identifying suspects
and they often escalate to more serious, violent crimes as fingerprints—In cases where both fingerprint and
(Crouse, Sikorsky, Jeanguenat, Vreeland, & Looper, 2012). biological evidence were collected, more suspects
Thus, the benefit to identifying, apprehending, and pros- were identified via the FBI’s Combined DNA Index Sys-
ecuting these offenders can have considerable payoff tem (CODIS) than were identified via the FBI’s AFIS.
from a public safety standpoint. While the historical ap-
proach to property crimes was to conduct lab tests only
if blood was found at the scene, the past decade has seen Identifying, Collecting, and Preserving DNA
a rise in the volume of property crime evidence passing Evidence. Considering the potential value of DNA evi-
through labs because techniques are now able to yield dence in a criminal case, investigators must understand
results from previously unknown types of evidence, such and be trained in proper identification, collection, and
as touch DNA (Crouse et al., 2012). preservation procedures for this type of evidence. Table 5.2
Several National Institute of Justice (NIJ) studies lists possible items of crime scene evidence on which DNA
have demonstrated that analyzing DNA from property might be located.
Laska (2007, p. 40) points out, “DNA is a tool avail- instance, items such as soda cans can be used to search
able to every officer. Collection is simple to conduct. The for multiple types of DNA evidence (touch samples and
supplies are inexpensive. Processing time in the field is cells left on the mouthpiece of the can) as well as for
minimal. Standards are easily obtained. By recognizing fingerprinting” (Roman et al., 2008, p. 44).
contamination issues and the needs and status of the In some cases, DNA analysis has been rendered
lab, a patrol officer can ensure samples are used to their worthless by the defense’s successful attack on the meth-
highest potential.” An example of the ease of collection ods used to collect and store the evidence on which DNA
is seen where a suspect agrees to provide a DNA sample analysis was performed. For example, in the O. J. Simpson
and the officer performs a simple buccal swab of the double-murder trial, jurors disregarded DNA matches af-
suspect’s mouth to obtain a saliva sample (Longa, 2008). ter questions were raised about how blood samples were
Sterile, cotton-tipped applicator swabs, which are inex- collected, preserved, and examined.
pensive, easily obtained and easy to carry and store, are
used to collect four DNA samples by rubbing the inside
surfaces of the cheeks thoroughly and then air-drying DNA Testing. Because of the expense and time involved,
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the swabs and placing them back into the original paper three criteria must usually be met for a lab to accept
packaging or an envelope with sealed corners. Plastic DNA samples:
does not guarantee this page will contain current material or match the published product.
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fingernails; hair (head unpredictable because of to an area where they
and pubic); skin variables such as age and can be dried for a
cells on items such concentration. sample.
does not guarantee this page will contain current material or match the published product.
as cups, cigarettes, Dried samples should
clothing; and liquid be collected in paper
urine. bags and kept free of
moisture.
The evidence should
be sealed and signed
by the collector. Proper
evidence chain of
custody and forms
should be completed
as well.
Unidentified Individual Blood, buccal (oral) Liquid samples require Wet samples should DNA evidence should be submitted for
swabs, hairs, bone, about 3 drops; 1 cc or be dried if possible forensic analysis to the responsible
teeth, fingernails, 1 ml. before collected investigating agency. The results of the
skin, muscle, and Swabbed samples require to avoid bacterial evidence dictate the follow-up of the
tissue from internal 2 swabs. contamination. If investigation and whether or not the
organs. samples are collected evidence needs to be kept or destroyed.
Dried or stained samples wet, use items such as
must be about the size of glass vials or plastic
a quarter or a dime. airtight bags until the
Other types are items can be brought
unpredictable because of to an area where they
variables such as age and can be dried for a
concentration. sample.
Dried samples should
be collected in paper
bags and kept free of
moisture.
The evidence should
be sealed and signed
by the collector. Proper
evidence chain of
custody and forms
should be completed
as well.
Chapter 5 Forensics/Physical Evidence 161
(continued)
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to an area where they should be executed.
can be dried for a
sample.
does not guarantee this page will contain current material or match the published product.
Dried samples should
be collected in paper
bags and kept free of
moisture.
The evidence should
be sealed and signed
by the collector. Proper
evidence chain of
custody and forms
should be completed
as well.
Relatives for Testing Buccal swab, blood, Liquid samples require Wet samples should These samples are considered in cases
tissue. These samples about 3 drops; 1 cc or be dried if possible such as identifying a body of a missing
are typically taken 1 ml. before collected person. A person inherits DNA from
from relatives for Swabbed samples require to avoid bacterial each parent. It is common and possible
DNA comparison of 2 swabs. contamination. If to use DNA collected from relatives as
samples taken from samples are collected reference samples. This comparison
another category. wet, use items such as can establish a biological relationship
glass vials or plastic with the family of a victim. The same
airtight bags until the investigation and disposition should be
items can be brought executed.
to an area where they
can be dried for a
sample.
Dried samples should
be collected in paper
bags and kept free of
moisture.
The evidence should
be sealed and signed
by the collector. Proper
evidence chain of
custody and forms
should be completed
as well.
Chapter 5 Forensics/Physical Evidence 163
chromosome contains hundreds of different types of and local laboratories. It has since grown to serve more
STRs, with the number of repeats on each chromosome than 190 public law enforcement laboratories across
varying greatly among individuals. This variation creates the United States and, internationally, more than 70 law
does not guarantee this page will contain current material or match the published product.
a genetic uniqueness for every person that DNA analysts enforcement laboratories in over 40 countries (Federal
are able to profile. Bureau of Investigation, 2012).
Before PCR, the dominant technique for DNA analy-
sis was restriction fragment length polymorphism (RFLP,
pronounced riff-lip). Although many labs still use this
method, a significant shortcoming is that it requires a
large amount of intact DNA, whereas PCR needs only a
tiny amount of DNA, even if degraded.
Another extremely useful forensic DNA analysis
method examines a genetic marker called a single nucle-
otide polymorphism (SNP, pronounced snip) (Figure 5.5).
A SNP is a one-base difference in the DNA sequence be-
tween individuals. Advancements continue to be made
in DNA testing. The National Institute of Standards and
Technology has developed a quality assurance standards
kit for DNA typing that laboratories can use to assess the
accuracy of their DNA testing procedures within a nar-
row margin of error.
Figure 5.5
DNA profiling process.
Source: Courtesy of Orchid Cellmark Inc.
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does not guarantee this page will contain current material or match the published product.
By September 2013, the NDIS forensic index con-
Technology tained 514,700 profiles, and the convicted offender index
Innovations contained 10,581,700 profiles, an increase of more than
one million offender profiles since March 2011 (Federal
RapidHIT 200 DNA Sequencer Bureau of Investigation, 2015).
An innovative product that came onto market in 2011
is RapidHIT 200, a next generation sequencer that can Backlog of DNA Awaiting Testing. Although crime
provide a profile from a human DNA sample in less than laboratories have made great strides to increase their
90 minutes. The technology is mobile and can be ap- capacity to process samples, they continue to accumu-
plied in the field using buccal swabs, bloods smears, late a backlog because the demand for DNA analysis
or touch DNA. Applications for law enforcement include continues to outpace existing capacity, as discussed in
processing evidence from property crimes, conducting Chapter 1, Nationally, the year-end backlog of offender
real-time screening of arrestees, and aiding with foren- DNA samples has increased steadily, from 657,166 in
sic identification. The menu-driven program requires 2007 to 793,852 in 2008, to 952,393 in 2009 (Nelson, 2011).
minimal training (Jovanovich, 2011). In an effort to reduce the backlog problem, the NIJ has
funded several initiatives, including the DNA Backlog
Reduction Program and the Convicted Offender and
Arrestee Backlog Reduction Program.
The CODIS database is organized into two indexes:
the forensic and offender indexes. The forensic index Admissibility in Court. Spagnoli (2007, p. 42) asserts,
contains DNA profiles from crime scene evidence where “Today a DNA match is virtually undisputable in court.
the offender’s identity is unknown. The offender index DNA can identify a criminal with near absolute certainty
contains DNA profiles of individuals convicted of sex of- or exonerate innocent suspects.” According to Prime and
fenses and other violent crimes. Investigators can submit Newman (2007, p. 35), “Through partnerships between
biological evidence from a crime scene to CODIS and police and scientists, DNA analysis will continue to be
cross-check it against existing profiles, generating inves- regarded as the standard of excellence for the develop-
tigative leads, and making links between crimes and of- ment of impartial, unbiased scientific evidence in the
fenders. As with IAFIS and fingerprint searches, all DNA support of the justice system.” However, the potential
hits identified by CODIS must be subsequently validated for human error and contamination is a critical factor
as a match by a qualified DNA analyst. in determining DNA evidence’s admissibility in court.
Chapter 5 Forensics/Physical Evidence 165
The American Bar Association (ABA) has published an Biological Evidence Preservation (Ballou, 2013, p. 4) is
exhaustive set of Criminal Justice Standards on DNA that “Biological evidence should be preserved through,
Evidence, with detailed standards covering everything at a minimum, the period of incarceration in the fol-
from the collection and preservation of DNA evidence to lowing crime categories, as defined in NIBRS, regardless
testing of DNA, charging of persons by DNA profile, pre- of whether or not a plea was obtained: homicides, sex-
trial proceedings, trial, post-conviction, and the use of ual assault offenses, assaults, kidnapping/abductions,
DNA databases (American Bar Association, 2007). and robberies. For all other Group A and B offenses,
biological evidence may be disposed of upon receipt of
Exoneration of Incarcerated Individuals Through authorizations.”
DNA Evidence. DNA evidence is not used only to con-
vict people, it is being used to exonerate those wrong- Moral and Ethical Issues. Prime and Newman (2007,
fully convicted. Data provided by the Innocence Project, p. 34) note, “Some of the challenges for the future will
a group founded at the Cardozo School of Law at Yeshiva test the balance between the needs of the law enforce-
University in New York, reveals that 325 people had been ment community and the public’s interest in preserving
exonerated through DNA testing as of the time this text its own civil liberties. Techniques are currently under
went to print. The leading cause of wrongful conviction development that will enable the prediction of some
was eyewitness misidentification (72%, or 235 of the physical traits through DNA analysis, providing police
325 cases). Unvalidated or improper forensics contrib- with a potential genetic ‘eyewitness.’ In addition, data-
uted to 154 wrongful convictions (“Causes of Wrongful banks are being used to identify perpetrators through
Conviction,” 2015). Noting that only a small percentage kinship relationships to relatives whose profiles may
of criminal cases involve biological evidence suitable for already be included in a DNA databank; this use of the
DNA testing, and that such evidence is frequently de- technology is raising moral and ethical questions about
stroyed or otherwise “lost” following a conviction, those such applications.” For example, when police in Wichita,
whose guilty verdict was the result of such faulty “proof ” Kansas, were unable to obtain a DNA sample from De-
face a great challenge in proving their innocence. nis Rader to confirm he was the murderer known as BTK
The growing awareness that DNA can help right (Bind, Torture, Kill), they used instead Rader’s daughter’s
a wrongful conviction has been one impetus for state DNA—left at a hospital after a doctor appointment—to
legislators nationwide to adopt changes in criminal jus- make a familial match (Shapiro, 2007).
tice procedures, such as requiring that DNA evidence be Another controversial development in the use of
maintained as long as an inmate remains incarcerated. DNA evidence is the sampling of people not yet con-
awaiting trial. Such pre-conviction DNA sampling is phenolphthalein—can identify blood at a crime scene, and
generally done at the same time fingerprints are taken because crime laboratories are swamped with evidence to
and involves a simple buccal swab of an arrestee. As of examine, such preliminary on-scene testing is important.
February 2015, 29 states had passed laws requiring DNA Luminol, for example, is an easy-to-apply water-
collection from certain felony arrestees, and many other based solution sprayed from a pump bottle over an area
states were considering such legislation (DNA Saves, where blood traces are suspected. Luminol causes blood
2015). The DNA Fingerprint Act of 2005 requires that, ef- to fluoresce a pale blue color and can detect blood that
fective January 1, 2009, a DNA sample be collected from has been diluted as much as 10,000 times. Another ben-
any adult arrested for a federal crime. This Act also man- efit to using luminol is that it does not harm DNA in
dates the DNA collection from individuals detained un- blood, thus allowing the blood to be collected for further
der the authority of the United States who are not U.S. analysis. However, luminol can give false positive reac-
citizens or are not lawfully in the country (Berson, 2009). tions and is only a presumptive positive test for blood.
On June 3, 2013, the U.S. Supreme Court upheld “Katie’s Luminol also reacts with bleach products and some met-
Law,” denying a challenge that laws that require DNA col- als or strong oxidizing agents. Consequently, if a surface
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lection upon arrest were a violation of a suspect’s Fourth was cleaned with bleach, it might react when sprayed
Amendment rights. Several states do allow for the ex- with luminol.
does not guarantee this page will contain current material or match the published product.
pungement of DNA evidence upon request if the arrestee Bloodstain pattern analysis (BPA) is the study of
meets certain criteria. bloodstains to assist in establishing spatial and sequen-
Several studies have demonstrated that collect- tial events that occurred during, and sometimes after,
ing DNA upon arrest can save lives, money, and time by the act of bloodshed (Christman, 2015). Bloodstains and
identifying repeat offenders earlier, before they continue spatter patterns are useful evidence because they are
a protracted pattern of crime (Wallentine, 2010). A study characteristics of certain physical forces and can help
by the Denver, Colorado, District Attorney’s Office ex- investigators determine how a criminal event played
amined the criminal history of five defendants and con- out. With a sufficient quantity of bloodstain evidence at
cluded that DNA collection upon arrest of these prolific a crime scene, investigators can analyze the size, shape,
offenders would have prevented 3 murders, 18 sexual as- and distribution of these bloodstains to determine the
saults, 1 attempted sexual assault, 7 kidnappings, 4 rob- location of people or objects at a crime scene; the move-
beries, 3 felony assaults, and 11 home invasions during ment of people or objects within the scene; areas of ori-
the study period (Wallentine, 2010). gin of bloodshed; type(s) of weapon(s) used and force
levels involved; the minimum number of blows, shots, or
events; and whether the suspect may have been injured accurate. Some programs can calculate bloodstain mea-
(Christman, 2015). Furthermore, blood-spatter patterns surements for point of origin, letting investigators know,
can help to determine a suspect’s truthfulness. In many for example, where a gunshot victim stood. Computer
cases, suspects have claimed a death was accidental, but software is also available that takes bloodstain pattern
the location and angle of blood-spatter patterns refuted data and converts them into a 3-D model of the crime
their statements. scene, helping investigators reconstruct specific spatial
Some blood evidence is easier to interpret than oth- and sequential events that occurred before and during
ers: “Bloodstain pattern analysis can range from the sim- the act of bloodshed.
ple to the complex. The trails of blood in a crime scene Collect liquid blood with an eyedropper and put it in
or cast-off blood patterns are reasonably straightforward a test tube. Write the subject’s name and other pertinent
and understandable. Determining areas of convergence information on medical tape applied to the outside. Send
and origin employing string methods or trigonometric by air express, priority mail, or registered mail. Scrape
methodologies are more complex and call for a trained dry blood flakes into a pillbox or envelope, identified in
specialist” (Geberth, 2007, p. 38). the same way. Mark bloodstained clothing with a string
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As a general rule, the greater the amount of force ap- tag or directly on the clothing. If the bloodstain is moist,
plied to the source, the smaller the drops will be. In other air-dry the clothing or use an evidence drying chamber
does not guarantee this page will contain current material or match the published product.
words, as the force increases, the drop size decreases. before packing.
Force levels are broken into three categories. The low
velocity level produces drops of blood. Medium veloc-
ity spatter produces bloodstains 4–6 mm in diameter or LO5 Blood can be identified as animal or human and is
larger. High velocity force produces a mist or spray-type most useful in eliminating suspects. Age and race
cannot be determined from blood samples, but DNA
pattern. Investigators or technicians must accurately
analysis of blood can provide positive identification.
measure, record, and photograph blood spatters at a
crime scene to allow proper interpretation of the spatter
data by expert bloodstain analysts. In some cases, blood, without having DNA analy-
Bloodstain pattern software has been a mainstay sis performed on it, can help to infer race—for example,
of criminal forensic analysis for several decades and sickle-shaped red blood cells occur primarily in African
has made bloodstain analysis faster, easier, and more Americans.
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bedding or on other surfaces. They are valuable evidence
because they can place a suspect at a crime scene, espe-
does not guarantee this page will contain current material or match the published product.
cially in violent crimes in which interchange of hairs and
fibers is likely to occur. The suspect can also take hairs
and fibers from the scene.
Place hairs and fibers found at the crime scene in
paper, using a druggist fold, or in a small box. Seal all
edges and openings, and identify on the outside. If hairs
and fibers are found on an object small enough to send
to a laboratory, leave them on the object. Hairs and fi-
bers often adhere to blood, flesh, or other materials. If
A technician collects a blood sample form a suspected murder the hairs are visible but are not adhering firmly to the ob-
weapon. Such samples can be used for DNA testing against blood ject, record their location in your notes. Then place them
drawn from suspects and recovered from victims. Good conservation in a pillbox or glass vial to send to a laboratory. Do not
of samples is required for DNA tests to be reliable, even if performed use plastic.
many months or years after the incident occurred.
© Tek Image / Science Source
If you suspect that hairs are on an object, care-
fully wrap the object and send it intact to a laboratory.
Attempt to obtain 25–50 full hairs from the appropriate
Scent part of the suspect’s body for comparison, using a for-
A type of evidence that does not receive much attention ceps or comb. Document the hair and fiber evidence us-
is scent evidence. Every person has a unique scent, which ing special filters, light sources, and photomicrographs
cannot be masked or eliminated, not even by the most to reproduce the specimens in black and white or color.
potent perfume. A person’s scent profile is the combina- If hair or fibers are found on a dead body, do not re-
tion of sweat, oils, and gases his or her body produces. move them from the body. Instead, place the body onto
These smells, along with the skin cells everybody con- and wrap with a clean white sheet before placing into a
stantly sheds, are detectable to specially trained scent- body bag, to capture any evidence that might fall off the
discriminating dogs. Scents can also be categorized as body during transport. Often hairs, fibers, or skin from
primary and secondary. For example, in a child abduc- the suspect is located under the victim’s fingernails.
tion case, a dog was given a shirt of the missing girl as the This evidence should not be removed at the scene. Place
scent article and tracked this primary scent to the loca- clean paper bags securely around the victim’s hands, and
tion of her body in a field. At this point, the investigators feet if barefoot, and evidence collection will occur during
held off going to her body right away to allow the dog to the examination and autopsy.
refocus on the secondary scent of the abductor. How-
ever, if officers, search volunteers, parents, or any other Examining Hair. A hair shaft has a cuticle on the outside
person comes in contact with the victim, the scene be- consisting of overlapping scales that always point toward
comes scent-contaminated and a valuable opportunity the tip, a cortex consisting of elongated cells, and the
to track the perpetrator’s secondary scent is lost. medulla—the center of the hair—consisting of variably
Chapter 5 Forensics/Physical Evidence 169
them and then submit the originals for laboratory ex- on the top of the snow or soil surface: “Footwear examin-
amination. Use latent fingerprint lifters to lift shoe and ers require 1:1, or life-sized, photographs of the impres-
tire tread impressions from smooth surfaces. Photo- sion to conduct a comparison with the known shoe. The
graph with and without a marker before lifting the im- distortion created by the placement of the scale above
pression. The marker should contain a ruler, scale, or the impression may make this task very difficult, if not
other standard measuring device. If no marker, per se, impossible” (Adair, 2009, p. 18). Also, when placing the
is used, photograph the impression with a ruler because scale next to and level with the bottom of the impres-
a shoeprint can look larger or smaller than it is, depend- sion, take care not to allow snow or soil to fall into the
ing on the camera angle. Never attempt to fit your shoe impression. If no scale, marker, or ruler is available, place
into or on top of the suspect’s shoe print to determine a common object, such as a dollar bill, next to the print
size. This can destroy the shoe print and contaminate and photograph it. Then submit the object as evidence if
the evidence. it is needed in court.
Regarding 2-D tire prints, unless the actual impression
occurs on material small enough to be submitted to the
© 2014 Cengage Learning. All Rights Reserved. This content is not yet final and Cengage Learning
lab, the only way to collect the evidence is to photograph LO6 After photographing, cast shoe or tire tread
the length of the impression with a long scale adjacent to it. impressions found in dirt, sand, or snow.
does not guarantee this page will contain current material or match the published product.
A relatively new technique in preserving shoe im-
pression evidence involves a device called an elec- To cast is to make an impression. The word also re-
trostatic dust print lifter (EDPL). EDPL is used on fers to the impression that results. Some departments
dry-origin shoe impressions, which involve the transfer use plaster, whereas others prefer dental casting mate-
of dry residue on a shoe tread to another dry surface, rial because of its strength and durability and because it
such as a carpet or seat cushion. These impressions are needs no reinforcement. Premeasured-mix kits are also
very fragile and among the most difficult to locate. The available. The steps in making a plaster cast of a soil
lift must then be photographed, again with a marker or impression are as follows:
scale, before it can be analyzed, as the lift itself is ex-
tremely fragile. 1. Build a retaining frame around the impression
Three-dimensional shoe and tire impressions should about two inches from its edges.
be photographed and then cast. When photographing 2. Coat the impression with five or six layers of alcohol
shoe impressions in snow, mud, sand, or other substrate, and shellac or inexpensive hairspray, allowing each
it is imperative to use the proper scale in the proper coat to dry before applying the next. Apply talcum
plane, meaning the ruler should be in level with the bot- powder to the last layer so the spray can easily be
tom of the impression, not placed next to the impression removed from the cast.
3. Rapidly mix the plaster following directions on the
box.
4. Pour the plaster into the impression, using a spatula
to cushion its fall and guide it into all areas of the
impression. Fill the impression halfway.
5. Add wire or gauze to reinforce the impression.
6. Pour in more plaster until it overflows to the retain-
ing frame.
7. Before the cast hardens, use a pencil or other
pointed instrument to incise your initials, the
case number, and the date on the back of the
impression.
8. After the cast hardens, remove it and the retaining
frame. Do not wash the cast; the laboratory does
Shoes and boots can leave distinctive impressions that can be traced this.
to an individual’s personal possessions. Manufacturers can provide 9. Carefully wrap the cast in protective material to
photographs of their specific lines of shoes and boots that can be
compared with photographs taken at the scene. avoid breakage, and place it in a strong box to ship
© County of Westchester, New York. Used with Permission. to the laboratory.
Chapter 5 Forensics/Physical Evidence 171
window and a sill may leave a mark the same depth and cases, construct a platform or bridge around the mark by
width as the screwdriver. The resiliency of the surface taping tin or other pliable material to the surface. Plaster
may cause explainable differences in mark dimensions of Paris, plasticine, and waxes do not provide the detail
and tool dimensions. If the screwdriver has a chipped necessary for tool striation marks. Better results are ob-
head or other imperfections, it will leave impressions tained from moulage, silicone, and other thermosetting
for later comparison. Tool marks are often found in bur- materials.
glaries, auto thefts, and larcenies in which objects are Tool marks are easy to compare if a suspect tool has
forced open. not been altered or damaged since it made the mark.
A tool mark provides leads to the size and type of If the tool is found, send it to the laboratory for several
tool that made it. Examining a suspect tool determines, comparison standards.
within limits, whether it could have made the mark in
question. Even if you find a suspect tool, it is not always
possible to match it to the tool mark, especially if the LO6 A tool mark is compared with a standard-of-
tool was damaged when the mark was made. However, comparison impression rather than with the tool
© 2014 Cengage Learning. All Rights Reserved. This content is not yet final and Cengage Learning
itself.
residue from the forced surface may adhere to the tool,
making a comparison possible.
does not guarantee this page will contain current material or match the published product.
Do not attempt to fit a suspected tool into a mark to The material used for the standard is as close as
see if it matches. This disturbs the mark, as well as any possible to the original material. Ideally, a portion of the
paint or other trace evidence on the suspect tool, mak- original material is used.
ing the tool inadmissible as evidence. The tool mark found at the scene and the standard
of comparison are placed under a microscope to make
the striation marks appear as light and dark lines. The
LO6 Photograph tool marks and then either cast them lines are then adjusted to see whether they match.
or send the object on which they appear to a Variations of approximately 10 degrees in angle are per-
laboratory. missible. Roughly 60% of the lines should match in the
comparison.
First, take mid-range photos to document the loca- A specific mark may be similar to or found in the
tion of the tool or tool mark within the general crime same relative location as tool marks found at other
scene. Then take close-ups first without and then with a crimes. Evidence of the way a tool is applied—the angle,
marker to show actual size and detail. amount of pressure, and general use—can tie one crime
After photographing tool marks, cast them. to another. A tool mark also makes it easier to look for
Casting of tool marks presents special problems because a specific type of tool. Possession of, or fingerprints on,
tool marks often are not on a horizontal surface. In such such a tool can implicate a suspect.
Tool mark comparison. A cold chisel and a magnified image of the tip of the chisel, showing the imperfections along the working surface.
These imperfections are unique to this specific tool. Marks made with this chisel on a test surface can be compared with marks left at a crime
scene. If found to be a reasonable match, such evidence can link the person in possession of the tool to the crime.
Courtesy Ventura County Sheriff’s Department Forensic Sciences Laboratory
Chapter 5 Forensics/Physical Evidence 173
A plethora of physical evidence can be obtained sometimes referred to as a plume, that can reach as far
from gun-related crimes, including the actual firearms as five feet from the weapon. This residue may settle on
and spent bullets, shell casings, slugs, and shot pellets, as the hands, sleeves, face, and other parts of the shooter,
well as the fingerprints and DNA often located on these as well as any other object or person within the residue
items. Ballistic evidence can help solve a crime even fallout radius. Through various techniques, this residue
when the weapon is not recovered (Spraggs, 2010). may be detected and used as evidence.
Gunpowder tests, shot pattern tests, and func- Laboratory examination of GSR under a scanning
tional tests of a weapon can be made and compared. electron microscope (SEM) is still considered a reliable
Defects in weapons acquired through use or neglect analysis method, although enhancements in technology
often permit positive identification. The rifling of a gun have been necessary to better detect, classify, and report
barrel, the gun’s ejection and extraction mechanisms, on new types of lead-free ammunition (Geberth, 2010c).
and markings made by these mechanisms can also be GSR can be collected by applying adhesive tape to a per-
compared. Class characteristics of a bullet caused by son’s hands or clothing; a technician then runs the sam-
the firearm’s barrel can help identify the weapon used. ple through an analyzer to locate and identify specific
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These class characteristics include the number of lands residue particles and their composition.
and grooves in the firearm’s barrel and their height, Shooter identification kits are also available for con-
does not guarantee this page will contain current material or match the published product.
width, and depth. ducting GSR tests in the field. These kits allow officers
Gunshot residue (GSR) is another type of evidence to quickly test multiple suspects and may be used by in-
investigators may seek in crimes involving firearms. vestigators in distinguishing between a suicide and a ho-
Whenever a firearm is discharged, the gunpowder and micide, with the absence of GSR on a victim indicating
primer combine to form a gaseous cloud or residue, homicide and an abundance of GSR suggesting suicide.
Figure 5.7 illustrates how NIBIN uses ballistic signa- sons are made of the glass fragments. Microscopic ex-
tures to help investigators solve crimes. amination of the edges of two pieces of glass can prove
Every firearm has individual characteristics—much like DNA or fingerprints—that leave unique markings on every bullet and
casing that passes through it when fired. The gun’s barrel leaves microscopic striations on each bullet traveling through it,
and the weapon’s breech mechanism leaves similarly unique markings on the ammunition’s cartridge casing.
1. The weapon’s 2. Gunpowder in the brass casing 3. The bullet picks up lengthwise 4. Those scratch patterns, which
firing pin strikes explodes, forcing the bullet down scratches from the barrel’s rifling are unique to each gun, are then
the primer. the barrel of the weapon. as well as from any nicks used to compare bullet against
inside the barrel. bullet.
Cup contains Casing Bullet Barrel of weapon Rifling “lands and grooves”
the primer inside barrel
The casing can show unique firing pin
impressions, pressure marks, and scratches.
The Integrated Ballistic Identification System (IBIS) allows NIBIN partners Third: If a high-confidence candidate for
to submit digital images of the markings left on either spent ammunition a match emerges, the actual physical
recovered from a crime scene or from spent ammunition generated from evidence is compared with a microscope
a test fire of a crime gun. to confirm a match, or NIBIN “hit.”
Figure 5.7
Bullets and casings.
they were one piece at one time. Spectrographic analysis angles to the rear). However, tempered glass, laminated
can determine the elements of the glass, even extremely glass, and small pieces of glass tightly held in a frame or
small fragments. Submit for comparison pieces of glass window case do not reliably demonstrate the fracture
at least the size of a half-dollar. patterns just described.
In general, high-velocity impacts are less likely to Because larger glass fragments can be matched by
shatter glass than are low-velocity impacts. A bullet that fitting the pieces together, a slight mark put on the side of
does not shatter glass will generally leave a small, round the glass that was facing out helps to reconstruct stress
entry hole and a larger, cone-shaped exit hole. The faster lines. To protect glass as evidence, put sharp points in
a bullet travels, the smaller the cracks and the tighter the putty, modeling clay, or some other soft substance.
entry point will be. The Glass Evidence Reference Database contains
The sequence of bullets fired through a piece of glass more than 700 glass samples from manufacturers, dis-
can be determined from the pattern of cracks. The direc- tributors, and vehicle junkyards and is a useful resource
tion and angle of a bullet or bullets through glass can for investigators (Bowen & Schneider, 2007). Although
also be determined by assembling the fragments. When it cannot determine the source of an unknown piece of
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a bullet hits a glass surface, the glass bends, causing ra- glass, the database can assess the relative frequency that
dial fractures on the side of the glass opposite the point two glass samples from different sources would have the
does not guarantee this page will contain current material or match the published product.
of impact. These concentric rings indicate the bullet’s same elemental profile.
direction. This allows investigators to determine which
side of a piece of glass has received an impact, because
a blow causes the glass to compress on that side and to Soils and Minerals
stretch on the opposite side. As the impact occurs, con-
Forensic geologists examine soils and minerals—sub-
centric fractures form around the point of impact and in-
stances such as mud, cement, plaster, ceramics, and
terconnect with radial cracks to form triangular pieces.
insulation—found at a crime scene or on a victim, a
The edge of each triangular piece has visible stress lines
suspect, clothing, vehicles, or other items. This circum-
that reveal the direction of the blow. The lines on the
stantial evidence can place a suspect at a crime scene or
side that was struck have almost parallel stress lines that
destroy an alibi.
tend to curve downward on the side of the glass opposite
Although most soil evidence is found outdoors, sus-
the blow (see Figure 5.8). Such an examination can estab-
pects can bring soil into structures from the outside. Soils
lish whether a burglar broke out of or into a building.
found inside a structure are most valuable if brought
In addition to concentric and radial fractures, inves-
there on a suspect’s shoes or clothing from his or her area
tigators should look for Wallner lines, also called ridges,
of residence. Because soils found in the victim’s residence
which are rib-shaped marks with a wavelike pattern and
may have been brought there by the victim or by other
are almost always concave in the direction from which
persons not suspected in the crime, collect elimination
the crack was propagating. In low-velocity impact frac-
samples of soil from the area around the scene.
tures, the ridges or Wallner lines on radial cracks nearest
the point of impact are at right angles to the side oppo-
site, or to the rear, of the impact, a phenomenon referred LO6 Put one pound of comparison soil into a container
to as the “4R Rule” (Ridges on radial cracks are at right identified on the outside. Collect evidence soil the
same way. Seal both containers to prevent loss, wrap
them, and send them to a laboratory.
R
R Soils vary greatly in color, particle size, mineral con-
C C Point of impact tent, and chemical composition. Some comparisons
are visual; others are made through laboratory analy-
sis. Both differences and similarities have value because
Direction of blow
soils separated by only a few inches can be very differ-
ent. Therefore, take sufficient samples (about one cup)
directly from and around the suspected area at perhaps
5- to 100-foot intervals, depending on the scene. In addi-
Figure 5.8 tion, soil samples should only be packaged in glass vials
Glass cracks caused by blow. or plastic locking bags, never envelopes.
Chapter 5 Forensics/Physical Evidence 177
If soil evidence is in or on a suspect’s clothing, place after a burglary. Investigating burglary is the focus
the entire article with the soil intact in a paper bag and of Chapter 13.
send it to the laboratory. If an object containing soil can-
not be moved, use a spatula to scrape off or otherwise
collect the soil. Then place the soil in a glass jar or plastic LO6 Put samples of safe insulation in paper containers
locking bag, properly marked and identified. identified on the outside.
Chemical analysis of soil is expensive and not always
satisfactory. Soil is generally examined by density, by X-
Safe insulation can be compared with particles
ray diffraction (to determine mineral content), and by
found on a suspect or on the tools or vehicle used during
microscope.
a crime. Comparison tests can show what type of safe the
Because varied species of plants grow in different
insulation came from and whether it is the same insula-
sections of the country, examining dirt evidence that
tion found at other burglaries. Insulation is also found
contains pollen and spores (palynology) is useful. This
on paint chips from safes. Always take standards of com-
evidence can refute the alibi of a suspect who is ar-
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Safe Insulation
Ropes, Strings, and Tapes
Most safes are fire-resistant, sheet-steel boxes with
thick insulation. If safes are pried, ripped, punched, Ropes, twines, strings, and tapes are frequently used in
drilled, or blown open, the insulation breaks apart crimes and can provide leads in identifying and linking
and falls or disseminates into the room. Burglars often suspects with a crime.
carry some of this insulation in their clothing. People
with safe insulation in or on their clothing must be
considered suspects because few people normally LO6 Put labeled rope, twine, and string into a container.
come into contact with safe insulation. Tools used to Put tapes on waxed paper or cellophane and then
open a safe can also have insulation on them, as may place them in a container.
the floor of a vehicle in which the tools were placed
Laboratories have various comparison standards types of inks can also be compared. Indented writings,
for ropes, twines, and tapes. If a suspect sample matches obliterated or altered writings, used carbon paper,
a known sample, the laboratory can determine the burned or charred paper, and shoeprint or tire tread im-
manufacturer of the item and its most common uses. pressions made on paper surfaces can all be examined in
Cordage can be compared for composition, construc- a laboratory. A document’s age can also be determined.
tion, color, and diameter. Rope ends can be matched if
they are frayed. Likewise, pieces of torn tape can be com-
pared with a suspect roll of tape. LO6 Do not touch documents with your bare hands. Place
documents in a cellophane envelope and then in a
Fingerprints can occur on either side of a tape. The
manila envelope identified on the outside.
smooth side is developed by the normal powder method
or by using cyanoacrylate (superglue) if the surface is
extremely slick. The sticky-side prints will be visible and Standards of comparison are required for many doc-
are either photographed or retained intact. ument examinations. To obtain handwriting standards
from a suspect, take samples until you believe he or she
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is writing normally. The suspect should not see the orig-
Drugs inal document or copy. Tell the suspect what to write
does not guarantee this page will contain current material or match the published product.
and remove each sample from sight after it is completed.
Drug identification kits can be used to make a prelimi-
Provide no instructions on spelling, punctuation, or
nary analysis of a suspicious substance, but a full analysis
wording. Use the same size and type of paper and writing
must be done at a laboratory. One valuable reference is
materials as the original. Obtain right-handed and left-
Ident-A-Drug, which contains codes imprinted on tab-
handed samples as well as samples written at different
lets and capsules, information on color and shape, the
speeds. Samples of undictated writings, such as letters,
national drug code, and drug class (Bowen & Schneider,
are also helpful as standards. In forgery cases, include
2007). Another resource is PharmaInfoNet, a free Internet
the genuine signatures as well as the forged ones.
database containing information on prescription drugs,
A useful resource for investigators is the Foren-
including uses, marketing and availability, and common
sic Information System for Handwriting (FISH), which
side effects. Other online resources include Pill Identifier
is maintained by the U.S. Secret Service. This database
and RxList. If a drug is a prescription drug, verify the con-
merges federal and Interpol databases of genuine and
tents with the issuing pharmacist. Determine how much
counterfeit identification documents, such as pass-
of the original prescription has been consumed.
ports, driver’s licenses, and credit cards (Bowman and
Schneider, 2007). Caution must be used in focusing solely
LO6 Put liquid drugs in a bottle and attach a label. Put on counterfeit documents, however, because in many
powdered and solid drugs in a pillbox or powder box cases criminals are able to use legitimate documents in
and identify them in the same way. illegal ways. For example, the terrorists involved in the
9/11 attacks breached the U.S. border through fraudulently
obtained—but genuine—U.S. travel documents. As a re-
A device called the “Hound” helps investigators detect sult of that discovery, the U.S. Department of State’s Bu-
and identify drugs. This toolbox-sized sniffer can detect reau of Diplomatic Security (DS) stepped up its overseas
drug residue in concentrations so small that the skin oil investigations of visa fraud, and these investigations re-
left behind on a doorknob may trigger the device’s alarm. sulted in revocation of 1,680 visas and 512 arrests in 2006
It works by drawing several cubic feet of air through a filter alone (Griffin, 2007).
and concentrating the compounds extracted into a smaller To help identify and investigate other counterfeit or
sample, which is then analyzed by an ion mobility spec- crime-related handwritten documents, the FBI main-
trometer that is part of the device. A detailed discussion of tains a national fraudulent check file, an anonymous
evidence in drug investigations is contained in Chapter 18. letter file, a bank robbery note file, paper watermarks,
safety paper, and checkwriter standards. Also, as in other
areas of evidence examination, computer programs have
Documents been developed to analyze handwriting.
Typing, handwriting, and printing can be examined. People often type anonymous or threatening letters,
Typewriters and printers can be compared and pa- believing that typewritten materials are not as traceable
per identification attempted. Different types of writing as handwritten ones. However, some courts have held
instruments—pens, crayons, and pencils—and various that typewriting can be compared more accurately than
Chapter 5 Forensics/Physical Evidence 179
handwriting and almost as accurately as fingerprints. To Computer-related document evidence may be con-
collect typewriting standards, remove the ribbon from tained on tapes, disks, thumb drives, or other portable
the suspected typewriter and send the ribbon to a labo- storage device not readily discernible and highly suscep-
ratory. Use a different ribbon to take each sample. Take tible to destruction. In addition to information on tapes,
samples using light, medium, and heavy pressure. Sub- disks, and portable media, evidence may take the form
mit one carbon-copy sample with the typewriter on sten- of data reports, programming, or other printed materials
cil position. Do not send the typewriter to a laboratory, based on information from computer files. Investigators
but hold it as evidence. who handle computer tapes and disks should avoid con-
Given enough typing samples, it is often possible to tact with the recording surfaces. They should never write
determine the make and model of a machine. Typewriter on computer disk labels with a ballpoint pen or pencil
standard files are available at the FBI laboratory. The in- and should never use paper clips on or rubber bands
formation can greatly narrow the search for the actual around computer disks. To do so may destroy the data
machine. The most important comparison is between they contain. Computer tapes and disks taken as evi-
the suspect document and a specific typewriter. dence should be stored vertically, at approximately 70°F,
With computerized word processing having almost and away from bright light, dust, and magnetic fields.
exclusively replaced typewriters, the word-processing Photographs frequently are also valuable evidence,
software program and the printer used become impor- whether taken by an officer or by someone outside the
tant evidence. Computer scanners and desktop publish- department. Some researchers are focusing their efforts
ing programs make producing fraudulent documents on techniques to enhance grainy, blurred, or poorly con-
much easier. Collect as evidence the computer hard trasted photographs by digitally converting them and
drive, printer, copier, scanner, or whichever devices subjecting them to software programs. Photographic im-
were used to generate the document. Further complicat- ages of injuries on human skin can be enhanced using
ing the collection of document evidence is technology reflective and fluorescent UV imaging.
that allows printing from a tablet or smartphone. When Recall that the best-evidence rule stipulates that
eprinting is involved, investigators must acquire not only the original evidence is to be presented whenever pos-
the print source but the device from which the data was sible. For example, a photograph or photocopy of a
originally sent, necessitating forensic examination of the forged check is not admissible in court; the check itself
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also maintain a file of visible and invisible laundry marks grave. DNA samples from victims’ remains are compared with the
used by local establishments. Military clothing is marked DNA samples taken from living family members in an effort to iden-
with the wearer’s serial number, name, and organization. tify each victim.
does not guarantee this page will contain current material or match the published product.
Marco Di Lauro/Getty Images News/Getty Images
LO6 Use UV light to detect invisible laundry marks. Submit vehicle in separate small boxes. If paint chips are on the
the entire garment to a laboratory, identified with a
clothing of the victim or suspect, send the entire arti-
string tag or a marking directly on the garment.
cle of clothing in a paper bag to the laboratory, properly
labeled and identified.
Laundry and dry-cleaning marks are used to identify
the dead and injured in mass disasters such as airplane
crashes, fires, and floods and in other circumstances as Wood
well. For example, a dead baby was traced by a sheet’s Wood comparisons are made from items on a suspect, in
laundry marks. Clothing labels can also assist in locating a vehicle, or in or on clothing found at a crime scene. The
the possible source of the clothing. origin is determined by the size or the fit of the fracture
with an original piece of wood or by matching the sides
or ends of pieces of wood. The type of wood is determined
Paint from its cellular elements. When handling wood evi-
Paints are complex and are individual in color, composi- dence, if it is found wet, keep it wet; if it is dry, keep it dry.
tion, texture, and layer composition: “The layer structure of
a questioned paint sample can be compared with a known
source from a suspect. The sequence, relative thickness, Skeletal Remains
color, texture, number, and chemical composition of each Laboratory examination can determine whether skeletal
of the layers can be compared” (Waggoner, 2007, p. 101). remains are animal or human.
The National Automotive Paint file, maintained by the FBI,
contains more than 40,000 auto manufacturer paint sam-
ples, which can help identify the year, make, and color of a LO6 If adequate human skeletal remains are available,
motor vehicle from a chip of paint left at the scene. the sex, race, approximate age at death, approximate
height, and approximate time since death can be
determined.
they relate to a criminal case. Ongoing research at the cell phone incident to arrest; some require a search war-
Body Farm in Knoxville, Tennessee, is helping scientists rant. To obtain carrier data, however, investigators almost
observe the decomposition process of the human body always need a court order” (Miller, 2008, p. 14).
following death and how exposure to various environ- Each cell phone carrier stores and maintains sub-
mental conditions affects this process. Death investiga- scriber records, which include subscriber information
tions are the focus of Chapter 8. such as name, address, and birth date, as well as call-detail
records containing data regarding incoming and outgoing
phone numbers and the towers that transmitted these
Digital Evidence calls. Carriers have different lengths of time they hold
The digital revolution and preponderance of electronic onto records, ranging anywhere from six years to only a
devices pervading everyday life, such as smartphones, pag- few days. Call-detail reports may be available for 45 days,
ers, personal digital assistants (PDAs), computers, iPods, whereas voicemail and text messages may be stored for a
iPads, tablets, gaming systems, and global positioning sys- week or less (Miller, 2008). If a warrant cannot be obtained
tems (GPSs), have generated a new class of evidence and within that time, a preservation order letter should be
© 2014 Cengage Learning. All Rights Reserved. This content is not yet final and Cengage Learning
requirements for handling it: “Technology touches nearly submitted to the carrier specifically documenting which
every crime today. Digital media seized in relation to an of- cellular records you need preserved (Reiber, 2007). The re-
does not guarantee this page will contain current material or match the published product.
fense may include everything from computers, flash drives, cords will be pulled and maintained for 90 days from the
cell phones, digital cameras and game units, all of which date the carrier receives the request to give investigators
need forensic examination” (Garrett, 2009, p. 12). Because time to obtain a warrant, unless investigators “refresh” the
data and digital evidence can be located on anything a de- preservation request for an additional 90 days.
vice sees as a “drive,” a general suggestion is look at any- Of course, in addition to cell phones, many more
thing electronic found at the scene (Miller & Loving, 2009). electronic devices exist that may hold critical digital
Learning about the suspects and their habits can evidence. As with any other type of evidence collection
help investigators zero in on particular devices: “The and examination, training is crucial: “To capably har-
suspect’s associates can often be counted on the reveal vest digital evidence artifacts for criminal investigations,
his or her habits, such as, ‘He always has his thumb drive computer forensic training is an absolute requirement.
with him.’ This can be especially crucial in cases of child Training ensures examiners not only understand the
pornography or intellectual property theft. Further, data complex layout of data, the way the data is stored and
recovered from devices such as in-vehicle GPS units and how to recover it, but also how to articulate findings in
mobile phones can back up suspect patterns—or breaks court when called upon to do so” (Reiber, 2009).
in patterns” (Miller & Loving, 2009, p. 44). About 100 colleges and universities now offer under-
Much of the information available about digital evi- graduate and graduate courses in digital forensics, with
dence relates to cell phones: “Considering the pervasive a few offering majors (Whitcomb, 2007). Several publi-
nature of cell phones, and their ability to contain vast cations are also available as resources to investigators,
amounts of useful information and potentially powerful such as The Journal of Digital Forensic Practice, which de-
evidence, cell phone seizure devices are a critical compo- buted in 2007. The National Institute of Justice has pub-
nent of the forensic examiner’s toolkit” (Heinecke, 2007, lished Investigative Uses of Technology: Devices Tools and
p. 62). Every cell phone leaves a digital trail. When the Techniques (2007), which presents detailed information
device is turned on, it transmits a registration signal to regarding digital evidence. The investigation of com-
the closest cellular tower, and a record is made of that puter crimes is the focus of Chapter 17.
device’s serial and phone number. Cell phone records
are often very useful in establishing an accurate timeline
surrounding a criminal event (Spraggs, 2009). Further- Weapons of Mass Destruction
more, GPS chips built into cell phones allow authorities As implied by its name, a weapon of mass destruction
to track criminals as well as people in need of help. (WMD) is designed to produce substantial damage,
The first part of collecting evidence from a cell phone disorder, and disruption to people and infrastructures:
is the actual handling of the device. Do not change the “A weapon of mass destruction (WMD) is typically as-
condition of the evidence. This is one of the most basic sociated with nuclear and/or radiological, biological, or
rules of digital evidence collection: if the device is off, leave chemical agents; however, it also may be an explosive”
it off; if it’s on, leave it on. Investigators must also know (Waggoner, 2007, p. 144). These weapons have come
their state’s laws regarding electronic searches: “Many to be known by a variety of acronyms, including CBRN
CBRNE (chemical, biological, radiological, nuclear, and which could provide important clues, are analyzed
explosive). by the FBI Behavioral Science Unit.
In our post–9/11 world, the entire law enforcement 4. Once lab tests determine definitively whether the
profession has a heightened awareness of terrorists and powder is hazardous or not, the FBI works with the
the tools they use to paralyze people, not only psycholog- CDC and state and local health departments to
ically through fear, but also perhaps physically through advise the public whether the threat is real or a hoax.
chemical agents. Although the methods to analyze and
5. The evidence of the case is presented to the
fingerprint the source of these weapons are currently
U.S. Attorney to determine whether it should be
insufficient, technology continues to advance in an ef-
prosecuted: If not, the case is closed. If so, a full in-
fort to help investigators detect such threats in the field.
vestigation is begun. Even cases involving harmless
For example, a handheld laser spectroscopy device now
substances, can, of course, be prosecuted because
available can analyze the chemical composition of a sub-
it’s a violation of federal law even to threaten the use
stance in the field within seconds. Thus, if an officer or
of a Weapon of Mass Destruction—including an-
investigator encounters a suspicious powder, such a de-
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thrax and other biological agents. The threat letters
vice can reveal the chemical makeup of that powder with
and substances collected during investigations are
95% certainty (Schultz, 2008).
securely maintained as case evidence.
does not guarantee this page will contain current material or match the published product.
The Centers for Disease Control and Prevention
(CDC) have certified laboratories around the country Investigating terrorism and other threats to home-
to analyze hazardous materials, including suspected land security is the focus of Chapter 20.
WMDs. The response protocol may vary from jurisdic-
tion to jurisdiction, but the following is an example of
how the FBI would respond to a report of a suspicious Other Types of Evidence
white powder discovered in a letter delivered through
the mail (Federal Bureau of Investigation, 2004): Prescription eyeglasses, broken buttons, glove prints,
and other personal evidence found at a crime scene can
1. Specially trained FBI agents, local hazardous mate- also be examined and compared. Investigators should
rials (hazmat) teams, and other first responders are learn to read “product DNA,” the printed code that ap-
dispatched to the scene. One of the onsite agents pears on nearly every manufactured, mass-produced
immediately contacts FBI Headquarters Coun- item, because it can provide valuable leads. For example,
terterrorism, which assembles a multi-agency the numbers on a candy bar wrapper can tell investiga-
team for threat assessment/response. The Head- tors when that candy bar was made, packaged, shipped,
quarters team helps first responders address safety and delivered and to what store. Other discarded items
concerns, handle evidence properly, and develop an at a crime scene that may yield useful information in-
investigative plan. clude store and restaurant receipts, bank deposit slips,
2. The onsite team tests the material for radiation, vol- beverage containers, cigarette packages, membership
atile chemicals, pH, and other characteristics; wraps and check-cashing cards, clothing manufacturer labels,
it in an airtight overpack and sends it to the nearest laundry tags, and footwear. If there is a problem process-
CDC-certified lab for more testing. ing any evidence, a laboratory can provide specific col-
lecting and packaging instructions.
jj If the field screen is negative, the team leaves the
area.
jj If it’s positive, (1) the local area is shut down and
tested by hazmat teams in protective suits and Evidence Handling and
(2) people who had any contact with the powder Infectious Disease
are identified, decontaminated, and possibly
Throughout this chapter, you have looked at ways to
examined at a hospital as a precaution.
collect evidence and keep it secure from contamination.
3. If a threat letter has been found, the CDC- As a final discussion in handling physical evidence, con-
certified lab makes sure it’s not contaminated, sider how to protect yourself from contamination through
then sends it to the FBI Laboratory in Quantico, exposure to bloodborne pathogens such as the hepatitis
Virginia, to test for clues like fingerprints, hair sam- B virus, the hepatitis C virus, and the human immuno-
ples, and—if the postage stamp/envelope has been deficiency virus (HIV) (Coastal Training Technologies
licked—DNA. The letter’s language and writing, Corp., n.d.). Investigators are likely to encounter crimes
Chapter 5 Forensics/Physical Evidence 183
of violence involving the blood and other body fluids of that public safety officials treat every individual as if he
people with infectious diseases. Police officers are likely to or she is infected and take precautions to minimize risks.
encounter these infectious body fluids during the search Consider all body secretions as potential health hazards.
of crime scenes involving violence. Therefore, it is impor- If body fluids are present at a crime scene, even if dried,
tant to know the facts about these infectious agents. wear latex gloves, goggles, and a face mask. Secure evi-
AIDS is not spread through casual contact such as dence in glass, metal, or plastic containers. Seal evidence
touching an infected person or sharing equipment. Nor bags with tape rather than staples. Do not allow hand-
is it spread through the air by coughing or sneezing. An to-mouth or hand-to-face contact during collection. Do
important issue related to HIV/AIDS is a person’s con- not eat, smoke, apply makeup, or drink at crime scenes
fidentiality rights concerning his or her HIV status, in- because these activities may transfer contaminated body
cluding disclosure of such information in police reports. fluids to you. When finished, wash your hands thoroughly
Investigators should be familiar with their jurisdiction’s (20–30 seconds) with soap and water, as this simple task
basic medical information confidentiality laws as well as is considered the best way to protect against infection
any other specific laws pertaining to HIV/AIDS. from MRSA (methicillin-resistant Staphylococcus aureus)
© 2014 Cengage Learning. All Rights Reserved. This content is not yet final and Cengage Learning
Chances are less than one percent that an officer will and other dangerous pathogens (Garrett, 2008).
contract the AIDS virus on the job. Tuberculosis (TB), While processing the crime scene, constantly be alert
does not guarantee this page will contain current material or match the published product.
meningitis, and hepatitis pose greater threats. TB is trans- for sharp objects, such as hypodermic needles and syringes.
mitted through the air by coughing, hacking, and wheez- If practical, use disposable items where blood is present so
ing. TB can also be transmitted through saliva, urine, the items can be incinerated. All nondisposable items, such
blood, and other body fluids. Meningitis, spread through as cameras, tools, and notebooks, must be decontaminated
the air, causes inflammation of the membranes that sur- using a bleach solution or rubbing alcohol. Even properly
round the brain. The hepatitis B virus, known today as dried and packaged evidence is still potentially infectious.
HBV, is a blood-borne pathogen that can live outside the Therefore, place appropriate warnings on all items.
body longer than HIV can. HBV is found in human blood, After processing, decontaminate the crime scene. If
urine, semen, cerebrospinal fluid, vaginal secretions, and it is to be left for future decontamination, place biohaz-
saliva. A safe, effective vaccine to prevent HBV is available, ard warning signs and notify the cleaning team of pos-
and the Occupational Safety and Health Administration sible contamination.
(OSHA) now requires employers to offer and pay for a se- Further information on procedures for dealing with
ries of vaccinations to any employee who may be exposed evidence with potential of transmitting an infectious dis-
to these pathogens during the course of their employment. ease can be obtained from the Centers for Disease Con-
Use precautions when collecting blood evidence trol and Prevention, Office of Health and Biosafety, 1600
and other body fluids. Universal precautions, which is the Clifton Road N.E., Atlanta, GA 30333. 1-800-311-3435.
protocol used by medical health professionals, dictates http://www.cdc.gov.
Summary
Chapter 5
Not For Sale
Forensics/Physical Evidence
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collecting evidence are (1) not collecting enough of the
sample, (2) not obtaining standards of comparison, and string tag, wrap it separately, and pack it in a strong box
(3) not maintaining the integrity of the evidence. to send to a laboratory. Photograph tool marks and then
does not guarantee this page will contain current material or match the published product.
Mark or identify each item of evidence in a way that either cast them or send the object on which they appear
can be recognized later. Indicate the date and case num- to a laboratory. A tool mark is compared with a standard-
ber as well as your personal identifying mark or initials. of-comparison impression rather than with the tool itself.
Record in your notes the date and time of collection, Examine weapons for latent fingerprints. Photo-
where the evidence was found and by whom, case num- graph weapons and then identify them with string tags.
ber, description of the item, and who took custody of it. Unload firearms and record their serial numbers on
Package each item separately in durable containers to string tags and in your notes. If the firearm is a revolver,
maintain the integrity of evidence. Personal delivery, reg- take careful note of which chambers had ammunition in
istered mail, insured parcel post, air express, FedEx, and them and document the placement of the wheel. Label
UPS are legal ways to transport evidence. Always specify the packing container “Firearms.” Identify bullets on the
that the person who receives the evidence is to sign for it. base, cartridges on the outside of the case near the bul-
Package evidence properly to keep it in substantially let end, and cartridge cases on the inside near the open
the same condition in which it was found and store it se- end. Put ammunition in cotton or soft paper and ship to
curely. Document custody of the evidence at every stage. a laboratory. Never send live ammunition through the
To ensure admissibility of the evidence in court, be able to mail; use a common carrier instead.
(1) identify the evidence as that found at the crime scene, Label glass fragments using adhesive tape on each
(2) describe exactly where it was found, (3) establish its piece. Wrap each piece separately in cotton to avoid
custody from discovery to the present, and (4) voluntarily chipping, and place them in a strong box marked “Frag-
explain any changes that have occurred in the evidence. ile” to send to a laboratory. Put one pound of comparison
After a case is closed, evidence is returned to the owner, soil into a container identified on the outside. Collect ev-
auctioned, destroyed, or retained for training purposes. idence soil the same way. Seal both containers to prevent
Frequently examined physical evidence includes fin- loss, wrap them, and send them to a laboratory.
gerprints; voiceprints; language; DNA; blood and other Put samples of safe insulation in paper containers
body fluids; scent; hairs and fibers; shoe and tire prints identified on the outside. Put labeled rope, twine, and string
and impressions; bite marks; tools and tool marks; fire- in a container. Put tapes on waxed paper or cellophane and
arms and ammunition; glass; soils and minerals; safe then place them in a container. Put liquid drugs in a bottle
insulation; rope, strings, and tapes; drugs; weapons of and attach a label. Put powdered and solid drugs in a pill-
mass destruction; documents; digital evidence; laundry box or powder box and identify them in the same way.
and dry-cleaning marks; paint; skeletal remains; wood; Do not touch documents with your bare hands.
and many other types of evidence. Place documents in a cellophane envelope and then in
Fingerprints are positive evidence of a person’s a manila envelope identified on the outside. Use UV light
identity. They cannot, however, indicate a person’s age, to detect invisible laundry marks. Submit the entire gar-
sex, or race. DNA can tell investigators the sample do- ment to a laboratory, identified with a string tag or with
nor’s gender, ethnicity, eye color, and hair color, and a marking directly on the garment. In hit-and-run cases,
matching DNA to a known profile can provide positive collect paint samples from any area of the vehicle that
Chapter 5 Forensics/Physical Evidence 185
had contact with the victim. Take paint samples down jj Organic materials, plant and animal
to the original metal to show the layer composition. If jj Paint and paint chips
adequate human skeletal remains are available, the sex,
jj Palmprints
race, approximate age at death, approximate height, and
approximate time since death can be determined. jj Personal possessions
jj Photographs
jj Plastic impressions
Checklist
jj Soils
sketch?
jj Were relevant facts recorded in your notebook?
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