Legal Guidelines for Criminal Investigators at Arson Crime Scenes- Ensuring Evidence Integrity and Compliance

Legal Guidelines for Criminal Investigators at Arson Crime Scenes- Ensuring Evidence Integrity and Compliance

When investigating an arson crime scene, the investigators don’t only conduct themselves as they wish since there are legal guidelines that should be followed to ensure that no laws are violated, the investigators cooperate with the other teams, and that the evidence is not tainted. The lead investigator has the role of ensuring that the investigation team is acquainted with these guidelines before entering the crime scene. Additionally, the guidelines help prevent any lawsuits that could be filed against the investigators and direct how tasks should be conducted at a crime scene, for instance, following the correct procedure of taking over the crime scene from the fire department, setting up a scene boundary to avoid unauthorized people from entering, interviewing witnesses, collecting and handling the evidence, and handing over the crime scene when done.

Crime scene parameters of an arson fire

The legal guidelines that an arson investigation unit should follow are: First, you ought to contact the first responders and the fire department and confirm your presence; subsequent to arriving at the crime scene, the lead investigator should get the first responder commander and present identification to them. Next, a briefing with the commander to figure out who has jurisdiction and authorization and distinguish any other faculty currently at the scene, such as emergency medical services, hazardous material personnel, firefighting, and others (Lyman 2011). The next step is to determine the degree of assistance needed by the arson investigation and if extra staff is required. The last step in this guideline is to ascertain definitely the safety of the scene prior to entering. The first responders should also have any information if an explosive device was used.

The second guideline is to characterize the boundaries of the scene; the agents should make a preliminary scene evaluation to distinguish areas that require further examination while also being mindful not to disturb evidence (Lyman 2011). The next step is to inspect and secure nearby sites that may incorporate non-fireproof, for instance, bloodstains and tool marks, among others, and any additional fire-related evidence. The last step in this guideline is to reconsider the perimeter and then, at that point, set up the techniques for controlling who has access to the scene.

The third guideline deals with witnesses; the investigators should figure out who conveyed the fire to emergency services and secure a tape or record of the report. Subsequent steps are to identify the proprietor of the scene, any tenants, and property management staff. The next step is to identify the last person who was in the structure and what occurred before it burned to the ground. The latest advance is asking other witnesses, like bystanders, any relevant questions. The fourth guideline is identifying the assets needed to process the scene; the lead investigator ought to determine what staff are required in order to process the location as indicated by the national guidelines. The scene assessment should likewise be directed in the understanding of the federal guidelines. Standard equipment should be used unless specialized equipment is required.

After evaluating the scene, the investigators should document it using photographs or videotapes. Prior to the location being disturbed, precise documentation should be conducted; guidelines for the documentation process should be followed as well. A subsequent documentation report must be made to complement the conclusions of the investigation and the visual documentation.

The following guideline is about evidence processing while at the scene; the investigators must identify, gather and maintain in perfect condition all the evidence in the arson scene for lab examination, court procedures, and further investigations. Precautions must be taken to avoid contamination. When this progression is complete, the investigators should deliver the scene and submit reports using suitable information bases. The scene should only be released after all the evidence has been gathered and scene documentation finished. All analytical equipment should be removed, inventoried, and decontaminated if necessary. Any health, safety, and lawful issues should be addressed and articulated to the team taking over.

The role of the fire department staff and their authority in the scene of an arson fire

The function of the fire department comes threefold: one is to put out the fire, the second is to investigate the beginning of the fire, and the third is to distinguish the chance of arson but not to investigate it (Carter 1978). Few fire departments have the legal authority to investigate arson fires, State Fire Marshal. Nonetheless, their assistance in such an investigation is not disputed.  When the fire investigation becomes an issue of who committed the crime, the matter then, at that point, becomes a law enforcement concern (Butler et al., 1996).

State Fire Marshal’s office authority

The state fire marshals have the power to capture offenders, obtain and give warrants of arrest, and order people to appear in court as approved by the public law for infringement of the Statewide Fire Prevention Code (Schwarzenegger et al.). This authority is recommended by the Director, the Statewide Fire Prevention Code, and the Board guidelines. In order to provide protection to the state’s citizens, State fire marshals have the power to implement laws relating to fire prevention, incendiary investigation, alleviation of hazardous materials episodes, and significant scope wildland fire response.

Responsibilities of State fire marshal’s office

The State Fire Marshal Agency’s responsibilities include pyro-crime counteraction and investigation, building and fire code imposing, explosive industry guidelines, and fire assurance industry guidelines. Other responsibilities include creating handicap accessibility in urban areas, counties, and state structures and contracting fire protection sprinklers and blasters/blasting contractors. In addition, directing statewide fire service training programs, auditing development projects in the state, and leading or taking part in investigations in cases identified with fire (Manufacturers 2011). The responsibilities may vary from one state to another, but the vast majority of these obligations referenced above are the general ones that they all share.

Role of a coroner or medical examiner in an arson scene

The clinical examiner plays a significant part in the investigation; one of their roles is to identify whether the body is human or animal. If it’s human, they determine the reason and manner of death. A second role that a medical examiner plays is the facilitation of postmortem (Maloney et al., 2017); a postmortem examination is one of the necessities in all fire-related deaths. In the autopsy, the medical examiner collects physical evidence that is attached to the body. Another role of the medical examiner is to collect personal belongings, artifacts of apparel, bullet remains, and any other items that would be valuable in additional investigations (Lyman 2001).  Lastly, the medical examiner also has another role of moving the body from the crime scene.

Circumstances favouring investigators’ search at arson crime scenes.

Investigators must remember that they not only ought to have legal grounds to start a search but that while carrying on with the search, they must not contaminate any evidence. Doing so will bring about the dismissal of said proof in court. Additionally, searches must initially be defended under the law (Baber et al., 2012). The Fourth Amendment states that all searches must be preceded by the officials acquiring a court order.  Despite how much reasonable justification an official might have, on the off chance that they search without the court order, there is a legal assumption that the search is illegal. However, a few exceptions have been created in which a warrantless pursuit is approved under the law; one of those exceptions is under exigent conditions, and an incendiarism case is one of the critical circumstances.

Search warrant when a property owner is unavailable

As per the law, as long as the search warrant is substantial, law enforcement agents have the right to look through a property whether they have presented the search warrant to the proprietor or not. Notwithstanding, the officers have to make sure that the warrant is eventually presented to the owner of the property (Lyman 2011). The law was implemented in the event that the search requires immediate action, for instance, in case someone’s life is in danger or if the evidence is at risk of contamination or degrading, among other emergency situations.

References

Lyman, M. D. (2011). Criminal investigation: The art and the science. Upper Saddle River: Prentice-Hall.

Butler, D., Davies, J. (1996). Practical fire and arson investigation. Routledge.

Carter, R. E. (1978). Arson investigation (pp.209-33). Glencoe Publishing Company.

Schwarzenegger, A., Chrisman, M., Grijalva, R.D., & Dargan, K. Office of the State Fire Marshal.

Manufacturers, P. F. E. (2011). State Fire Marshal Policy. Policy.

Baber, C., & Butler, M. (2012). Expertise in crime scene examination: comparing search strategies of expert and novice crime scene examiners in simulated crime scenes. Human factors, 54(3), 413-424.

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You are a senior member of an arson investigations unit. You are supported by newly assigned criminal investigators from a street crime unit who don’t have much experience in the investigation of arson crimes. These investigators have had training in the physical evidence collection process, but they look to you for legal guidance in terms of their presence in an arson scene. You must prepare guidelines for the new investigators to ensure that they are not violating the law and legally tainting evidence by their actions at the crime scene of an arson investigation.

Legal Guidelines for Criminal Investigators at Arson Crime Scenes- Ensuring Evidence Integrity and Compliance

Assignment Guidelines

Address the following in 3–5 pages:
Describe the crime scene parameters of an arson fire, including one where an explosive reaction may have occurred.
Identify the role of the fire department personnel and their authority in an arson fire.
What is the authority of the state fire marshal’s office or its equivalent? Explain.
What specific responsibilities does this agency have? Explain.
Explain to the investigators under your command what role the medical examiner or coroner has when a body is discovered at an arson scene.
Once the scene is declared safe by the fire department and the crime scene search can commence, under what circumstances can the investigators conduct a search? Explain.
What is to be done with a warrant if no property owner is available? Explain.
Be sure to reference all sources using APA style.