CHAPTER 4 FINALS Flashcards

Question

Provides equipment for use in the investigation and for the preservation of any evidence found at the scene after that evidence has been photograph in its original location.

Answer 1

EVIDENCE KIT

Answer 2

* Special clothing such as: coverall, gloves, boots used to protect uniform; * Flashlight and electric lantern; * Measuring tape and small ruler for making measurements; * Labels (gummed and stringed) used to identify items; * New or sterile glass jars with rubber airtight seals used for the collection of samples; * Envelopes, boxes, plastic bags, metal cans used for the collection (assorted sizes) used for collection of samples.

Answer 3

SEARCH SYSTEMATICALLY

Answer 4

TAKE PHOTOGRAPH

Answer 5

WORK BY THE PROCESS

Answer 6

CHECK AND VERIFY

Answer 7

DRAW DIAGRAMS

Answer 8

* Exterior points of origin; * Unusual burn patterns of flammable liquid; * Tools and flammable liquid containers; * Footprints and scuff marks at suspected points of entry.

Answer 9

* Window glass condition; * Depth of wood char, at or in close proximity to the point of origin; * Penetration of fire restrictive wall coverings by fire; * Electric clock that has been stopped by fire damage. * Note the time stopped and compare with alarm time. The time factors should be estimated and considered as approximation only.

Answer 10

1) Examine the entire interior of the building and determine which room or areas has received the most severe fire damage. Generally, this will be the area where the fire burned extensively or the longest and will very likely be where it originated. 2) Determine the level or origin within the room by examining and comparing the bottom side of the tables, shelves, and chairs. 3) Examine the ceiling and look for the following patterns: a) fire penetration and b) heaviest fire exposure 4) Examine the light bulbs within the room. The side of the bulbs which is initially exposed to heat begin to swell or bulge and lose shape at about 900 degrees F when exposed to heat for 10 minutes or more actually point to the area of fire origin. 5) Examine walls within the room and look for fire patterns or fire cones. Fires generally burn upward and outward, leaving corresponding fire patterns on wall as a result of heat transfer through convection and radiation. T he steepness or relative pitch of the type of burning, e.g. Smoldering or Flaming.

Answer 11

* Conduct a detailed search of the debris, examining it layer by layer until the floor is reached; * Completely clean the floor on all debris and char dust. The floor and floor covering should be clean enough to observe and photograph the significant burn and char patterns and should be dry. * Carefully reconstruct and replace furnishings and other articles in their original positions by using burn patterns and corresponding protected areas. During fire progress, legs and bases of furniture and other items on the floor will protect the floor, leaving unburned marks which will aid in repositioning. * Examine the floor coverings and floor for significant patterns.

Answer 12

FURNISHINGS

Answer 13

BURN PATTERN

Answer 14

SPRING COLLAPSE

Answer 15

TECHNICAL INVESTIGATION

Answer 16

1) To determine what property was damage; 2) What the causes and reasons were; 3) The number and extent of injuries or fatalities; 4) The recommended corrective actions to prevent recurrence

Answer 17

1) There is suspicion of arson in connection with any fire; 2) There is suspicion of negligence or violation of regulations; 3) The cause of any fire is undetermined (to establish the most probable cause) 4) There is evidence of negligence or mismanagement in the fire suppression or rescue operation, 5) Loss of life or disabling as a result of fire.

Answer 18

ARSON INVESTIGATION

Answer 19

1) He should posses knowledge of investigative techniques; 2) He should have an insight of human behavior; 3) He should have a firsthand knowledge of the chemistry of fire and its behavior; 4) He should be resourceful.

Answer 20

(1) That the fire was caused by the willful criminal act of some person; and (2) the identity of defendant as the one responsible for the fire.

Answer 21

Although interviews and interrogations are similar in method and purpose, investigators must always be aware which type of dialogue they are involved in. The simplest way to differentiate between the two is to remember that a witness is interviewed and a suspect is interrogated. One of the most difficult times in an investigation occurs when there is a crossover (i.e., a witness makes a statement that moves him or her into the suspect category). The investigator must be prepared to make the switch and carry on without losing ground. Certain characteristics are shared by the interview and the interrogation. For both, preparation is key. The investigator should first establish the location of the meeting. If possible, it should be held at the investigator's office, placing him or her in a position of authority. The room should be free of distractions, containing a desk and two chairs, with the investigator seated a little higher than the subject. The desk and walls should be bare, leaving nothing for the subject to focus on. Windows should be covered. Ideally the room should be painted a strong color, such as green, avoiding aggressive colors (red or orange) as well as relaxing colors (pastels and earth tones). In such a setting the subject is forced to concentrate on the interview, making it easier for the investigator to obtain information. The investigator must also be prepared physically dressed comfortably, not hungry or thirsty and mentally for the interview or interrogation. The mind must be clear of all distractions and focused on the matter at hand. The investigator also must fully understand the case and what information is being sought. Unless the investigator knows what is needed, the subject may be allowed to ramble, leaving the investigator confused. The attitude of the investigator should be one of professionalism and confidence, remembering that he or she is a fact finder and must remain detached, no matter what is heard. When these conditions are met, the investigator is prepared to begin the session. In most instances, a one-to-one situation is preferred but there are circumstances that call for a second interviewer for example, when the investigator is male and the subject is female or when a case involves an adult-child relationship. When two interrogators are present they may want to use a "good cop/bad cop" routine to gain the subject's cooperation, although this rarely works on any but first offenders. It is better for the second questioner to remain silent until the interview is complete, then ask for certain points to be cleared up or expounded upon. The idea of two or more persons firing questions at a subject leads only to confusion and is a waste of time. Photographs should be taken of the subject at an interview or an interrogation, before and after, to identify the subject and to show their physical condition. The investigator also will want a record of what transpires. This can be done with written notes, tape recorders or video recording. Many investigators avoid doing any recording or note taking at the onset of the interview, as nothing works to silence a person as quickly as the sight of a tape recorder or a notebook. Instead, they let the subject talk the incident through once. Then, the subject is told the investigator needs to make notes or a tape recording, so the account will have to be repeated.

Answer 22

The initial impression on a potential witness will often determine the degree of cooperation and amount of information obtained. Good interviewers start slowly, asking for background information, name, address, age, etc., to find some common ground with which to establish a conversation. The more the subject identifies with the investigator, the more helpful he or she is likely to be. Without appearing too authoritative, the investigator must control the interview, not letting the subject wander too far afield. The interviewer must always be able to return the interviewee to the subject without being rude or appearing indifferent. Controlling an interview can often be a difficult balancing act but it is one in which the investigator must become accomplished. In most cases, initial interviews will take place on the street at or near the scene of the fire. The information gathered at this time will often be critical in determining the direction of the investigation. While the investigator may not have the luxury of using all the ideas set forth above, he should attempt to employ as many as possible to ensure obtaining the best information. The investigator should also take into account who is being interviewed for example, the age of a witness will affect the ways in which he or she will recall and describe events. Children between 6 and 10 may be keen observers and lacking in motives and prejudices but they have a tendency to distort their perceptions; middle-age people are keenly aware of the world around them and, with their mature judgment and unimpaired faculties, often make the best witnesses; while physical impairments and a tendency to regress can affect the value of older people as witnesses. When conducting an interview, the motivation of the witness must be considered. Complainants, persons complained of, informants and victims will have different agendas. In these interviews the investigator is cautioned to "stick to the facts." At a fire scene, interviews should be conducted with (but not limited to) firefighters, property owners, employees, residents and neighbors. Later, investigators will speak with insurance agents or adjusters. At the conclusion of the interview, the subject should be thanked for his or her help and provided with information on how to contact the investigator in case other information is recalled.

Answer 23

An interrogation is the questioning of a person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of information in his or her possession that is pertinent to the investigation. The difference between an interview and an interrogation is often in its intensity. In an interrogation, the investigator has information which in some way links the subject to the crime. The purpose is to substantiate that link and expand the information toward the ultimate goal of closing the case. The legal difference between an interview and an interrogation is dictated by the circumstances under which each is conducted. If the interrogation is done in a non-custodial setting, where the subject knows he or she is free to leave at any time, the investigator is under no obligation to advise the subject of his or her rights. For example, near the scene of a fire you stop a man on the street who matches the description of a suspect seen running from the building. You ask him to tell you where he was at the time of the fire. He refuses to answer and walks on. If you stop him and continue to question him, you are conducting a custodial interrogation and you must advise him of his rights. If you fail to do so and he turns out to be the perpetrator, anything he tells you from that point on will be unusable. If, however, you let him walk away and as he reaches the corner he turns and yells that he was burning the building down, you may use the statement but when you catch him, you must advise him of his rights before further questioning. If in the above scenario, had you smelled gasoline on the man's clothes when you stopped him, you would have probable cause to detain him for questioning. Again, you would have to advise him of his rights as soon as you determined that he was not going to walk away without answering your questions. If it were to turn out that he just looked like the suspect and smelled of gasoline because he worked in a service station, you would then let him go; if, however, this was the man you were looking for, you would have protected your investigation. Once it is determined that an investigator is conducting an interrogation, several rules must be followed. After the subject is advised of his or her rights, a "knowing and intelligent waiver" must be obtained before questioning can continue. This means the subject must have clearly understood what he or she was giving up. A person who is drunk or under the influence of drugs cannot make an intelligent waiver. At times, it may be necessary to have an interpreter present to explain the rights in a suspect's native language, even if the suspect appears to understand English. An investigator cannot cajole, threaten, or trick a suspect into waiving his or her rights. If the suspect chooses to remain silent, the investigator must honor that choice. If the suspect asks for counsel, all questioning must stop until counsel is present. The answering of questions by a suspect prior to invoking his or her rights does not waive them; the suspect may stop talking or request counsel at anytime during the interrogation. Assuming a valid waiver has been obtained, the interrogation can begin. The physical and technical preparations are similar to those needed for interviews. In addition, the investigator must gather as much information as possible beforehand. Questions should be framed in the interrogator's mind. The investigator should not indicate any suspicions immediately; rather, a rapport should be established that lets the suspect feel the investigator is sympathetic to his or her problems. The investigator should remain professional at all times, and encourage the suspect to speak. The subject of an interrogation will probably lie, but a loss of temper could cost the investigator what might otherwise be a productive interrogation. An investigator who knows the facts of the case can contradict the suspect. Caught in a lie, most people have a hard time continuing it.

Answer 24

* To induce the subject to make admissions revealing the facts and circumstances surrounding a crime. * To learn of the existence and location of physical evidence. * To learn the identity of accomplices. * To develop additional leads for the investigation.

Answer 25

Both the interviewer and the interrogator must possess certain qualities. They must be adaptable, able to fit on Park Avenue as well as skid row. They must also be prepared to take unusual answers in stride and continue the interview/interrogation. The investigator should be courteous, poised, persistent and persuasive. Being a good listener, able to comprehend what is being said, not just hear it, is also a prerequisite, as are being unbiased, able to determine the reliability of witnesses, and being observant and knowledgeable. These qualities along with good verbal skills make up the complete interviewer/interrogator. It is a truism in criminal investigation that most crimes are solved by "information." Nowhere is this truer than in arson investigation. It is rare that circumstantial evidence is enough to obtain a conviction. The effectiveness of an investigation depends on the investigator's ability to obtain information from complainants, witnesses, informants and suspects.

Answer 26

I. DESCRIPTION II. OBSERVATIONS III. STATEMENTS IV. DOCUMENTATION V. OPINION VI. ATTACHMENTS

Answer 27

* Date (if different than dispatch date). * Time in 24 hour clock time (time that fire investigation unit arrives on scene). * Address (corrected when applicable). * Fire out or still in progress. * Describe physical characteristics of what burned (structure, vehicle identification. wildland). Give dimensions when possible and detailed descriptions. * Describe main streets and access to building or property.

Answer 28

* Describe patterns/factors that substantiate area/point of origin. * Localize area/point of origin by using references within structure, vehicle, or wildland. * Describe what actually burned (focusing on an area/point of origin) * Describe unique factors that may exist (trailers, devices, multiple fires, etc.) * Establish fire cause.

Answer 29

* Substantiate accidental fire cause by what existed at area/point of origin. * Describe problem(s) that may have contributed to the fire. * Establish condition of utilities. * Eliminate multiple accidental causes, focusing on a single cause when possible.

Answer 30

* Establish incendiary cause through physical evidence at scene. (The decision of incendiary cause should be based solely on investigator observations and physical evidence.) * Describe in detail, patterns/factors in establishing your incendiary cause. * Substantiate multiple fires as being separate and distinct from one another. * Establish a negative corpus delicti through methodical elimination of all accidental, natural, and mechanical causes.

Answer 31

* Establish security of premises and type of alarm (contact, motion, supervised, etc.). * Alarm company information (phone, address). * Status of alarm system at time of fire. * Ascertain if safety devices were present (smoke detectors, security bars, sprinklers, etc.) * List the existence of evidence observed that would tend to substantiate patterns of unique charring. * If multiple fires, describe each fire in detail. * Attempt to reference single/multiple fire(s) using points of reference within a structure, vehicle, or wildland area. * Establish if structure was locked/unlocked. * Determine point of entry (and if forcible entry was used). * Describe conditions (construction type, weather, etc.) that may have contributed to the fire. * Determine if any additional crimes were involved.

Answer 32

* Obtain witness identification such as driver's license, employee ID card, check-cashing card, etc. (to determine that they are who they say they are). * Determine where witness(es) can be located for future interview. * Identify where the interview took place. * Identify when the interview took place (24-hour clock). * Identify how the interview took place (in person/by telephone). * Identify witnesses by last name throughout report. * Identify witnesses as to their involvement with fire. Use appropriate codes (owner, victim, occupant, witness). * Take down witnesses' statements exactly as they were given to you. * Make sure questioning is complete and thorough. * Suspect Statements:  Obtain identification from suspect (if not already known)  Identify where the interview/interrogation took place.  Identify when the interview/interrogation took place (24-hour clock).  Admonish suspects when pertinent, using an approved form (Don't do it by memory!)  Use an interpreter when necessary.  Write all information completely and thoroughly.  Prepare statements carefully and save your notes.  Have suspects sign key statements when possible.

Answer 33

* Fire scene diagrams should be required in the event of a fatality or a serious burn that could result in death. * A diagram may be necessary at a complex or complicated fire scene. * A diagram may be necessary at a "high visibility" fire scene (celebrities, press release, ec.) * A diagram may be included at the discretion of the investigator or when a supervisor suggests that it would benefit the investigation.

Answer 34

* List number of photographs and attach the photographer's log sheet.

Answer 35

* List all items of evidence separately on the evidence report. Give location where items were recovered and attach the evidence log. * Give physical description of items of evidence. * Indicate the items to be analyzed, and where they are sent for analysis, in the evidence report. (Lab analysis reports, if completed, can be attached here). * Make your entries in the Evidence Room Log complete. * Make entries if any specialized forensic work is to be completed (prints, photos, blood, etc.).

Answer 36

* If the fire is considered criminal, a more concise opinion (based upon observations and evidence) and that brings all facts together, should be entered. * If an accidental fire, give the reason(s) why you have reached your conclusion. * If an undetermined fire, give reason(s) why you have reached your conclusion. * If a natural fire, give reason(s) for your conclusion.

Answer 37

* List any information that may not have been appropriate under other headings. * List additional work to be completed. * List status of case and reasons for that determination. * List agencies/persons notified that are associated with your case. * Reference reports/records of other agencies and attach copies if appropriate. * List prior fire incidents involving the same address/people. Attach copies that are pertinent to your case.

Answer 38

Reports should answer all questions concerning the incident as well as paint a picture. B. Reports must be proofread. 1. Grammar 2. Punctuation 3. Spelling C. The overall quality of the report influences the readers' impression of the investigation; therefore, readers must be able to focus on the facts in the case, not errors in the report. D. Reports should not be "padded" to increase their length. 1. They need to contain the facts pertinent to the case. 2. Reports should not ramble on, but get to the point. E. Reports must answer the basic questions about the fire and the investigation--who, what, where, when, why, and how.

Answer 39

a. Discovered the fire. b. Extinguished the fire. c. Provided scene security. d. Has pertinent knowledge. e. Was the victim. f. Made the report.

Answer 40

a. Happened. b. Actions were taken. c. Was the damage. d. Was the crime. e. Do witnesses know. f. Was done with the evidence. g. Is the chain of custody of the evidence. h. Agencies are involved.

Answer 41

a. Did the fire start. b. Did the fire travel. c. Was the witness. d. Were the owners/occupants. e. Was the evidence collected. f. Is the evidence stored. g. Was the crime committed.

Answer 42

a. Was the fire first discovered. b. Was it reported. c. Was the investigation conducted. d. Were the interviews conducted.

Answer 43

a. Did the witnesses make statements. b. Were the witnesses reluctant to talk. c. Was the crime committed.6

Answer 44

a. Was the fire discovered. b. Did the fire start. c. Was the evidence collected. d. Was the evidence secured. e. Did the suspect arrive. f. Did the suspect leave.

Answer 45

A. Preparation is the first step in writing any document. 1. All necessary information must be collected and compiled before the report can be written. 2. Material must be arranged in a systematic order. 3. Material not pertinent to the case should be discarded. 4. The use of an outline assists the investigator in ensuring his/her report is in chronological order. B. The final investigative report will be read by peers, supervisors, the public, and colleagues. 1. Correct grammar, spelling, and punctuation are essential. a. Misspelling and improper grammar can give the entire investigation a sloppy appearance. b. Each document needs to be proofread for completeness and accuracy. 2. Use the first person. a. "I arrived at the scene..." b. "I observed..." 3. Avoid second or third person. a. "This investigator..." b. "This officer observed..." 4. Determine the target audience and write the report for that audience. Remember, the person reading the report may know nothing about fire investigation. 5. Avoid terminology that only fire investigators understand. a. If you do use terminology that is known only to experts, then be sure to explain the terms, for example:  "V patterns." Explain that these patterns point toward the area of origin.  "Liquid accelerant pour patterns." Explain that you found a pattern which is typical of the use of accelerants. b. Avoid terminology that cannot be explained. - It "smelled like Benzene." (This is a hard odor to describe.) 6. Use a writing style that is simple and to the point. 7. Keep your paragraphs short. Long paragraphs tend to turn off most readers. 8. Write the way you talk. Your written communication should reflect your oral communication. 9. Reports should contain only material and information pertinent to the investigation. 10. Personal opinions, conclusions, and suspicions should be eliminated. 11. However, the expert opinion of a qualified investigator based on the evidence found should be included in the report. 12. Reports are statements of fact and observations discovered by the investigator, written in an objective, factual manner.

CHAPTER 4 FINALS Flashcards

(73 cards)