UNIT TITLE:6.5.0
UNIT NUMBER: Crime Scene Investigation and Evidence
Collection
Maine Criminal Justice Academy
15 Oak Grove Road
Vassalboro, ME 04989
Prepared by: MCJA Staff Date: June 13, 2008
Crime Scene Investigation and Evidence Collection
Significant contributions to this lesson plan were made by Jason Scott of the Windham Police Department and Andrew Hufnagel of the Jay Police Department, Detectives Mark Lopez and Herbert Leighton of the Maine State Police and Brandi Caron and Kim Stevens of the Maine State Police Crime Lab.
Additional thanks to the following for their contributions to this effort:
Lois Reckitt, MCJA Board of Trustee member and domestic abuse prevention advocate.
Darcie McElwee, U.S. Department of Justice
George Smith, Sportsman Alliance of Maine
Overview
This lesson is a basic overview intended to stress the importance of crime scene management and the collection of evidence. One area that is often overlooked is the fact that all evidence belongs to someone and eventually likely will be returned. In some cases the collected evidence has no real value, the owner does not want it returned, or no owner can be established. Officers must take every precaution possible when collecting and marking evidence to ensure that the collection, processing, storage and return of the evidence does not diminish the property’s value. As an example: the permanent marking of a valuable antique would certainly reduce the value of the property when other means of marking could be utilized. In cases involving serious crimes the diminished value of the evidence collection or marking of the evidence may be reasonable and therefore acceptable. In less serious crimes, efforts should be made to advise the complainant of the potential for damaging evidence before it is collected and marked. You may consider contacting the Crime Lab for advice on the best method to collect, preserve and submit the item for analysis.
Another consideration in the collection and storage of evidence exists when an officer receives a firearm pursuant to a court order for protection from abuse under 19-A MRSA 4006 subsection or 19-A MRSA 4007 subsection 1 paragraph A-1. (attached to this lesson plan) The officer shall communicate to the parties involved the prohibitions on the purchase or possession of a firearm when a protection order has been issued.
Federal law prohibits the possession of firearms or ammunition by anyone subject to a protection order (as does Maine state law), as well as anyone previously convicted of a misdemeanor crime of domestic violence. If you encounter such an individual or seize firearms pursuant to a court order which involves these prohibitions, please contact ATF or the U.S. Attorney’s office.
The officer shall exercise reasonable care to avoid loss, damage or reduction in value of the firearm or firearm accessory and may not permanently mark the firearm or fire the firearm unless there is a reasonable suspicion that the firearm has been used in the commission of a crime. Any liability for damage or reduction in value to such firearm is governed by Title 14 MRSA chapter 741.
Instructional Goal
Performance Objectives
Administrative Information
Estimated Time Range:
Presentation Methods / Media
MethodsMedia
Material & Equipment
Student outside assignments:
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Criterion Test Questions
1. T or F. Biological evidence is defined as having human or animal origin, such as blood,
semen, or saliva.
2. The first task of the first responder at a scene is to:
- Take Photos
- Contact the Medical Examiner
C.Evaluate the scene
- Take detailed notes
3. T or F. Photographs provide accurate documentation to allow investigators to reconstruct the
scene.
- The ______is crucial to document the location of photos taken. Ans. = Photo Log
5. T or F. A comparison scale is not needed when taking photos of evidence.
6. A scene diagram provides accurate spatial relationships of evidence that compliment details of
the scene provided by ______. Ans. = Photographs
7. T or F. You do not need to include personal protection materials in your scene kit as not all
scenes will have bio-hazards.
8. T or F. A cotton tip applicator containing blood evidence should be submitted after air dried?
9. T or F. Tape sealing a druggist fold is the preferred method of sealing it.
10. T or F. Never submit a loaded firearm to the lab for processing.
11. Which section of law outlines the provisions for liability for damages or reduction in value to a firearm or firearm accessory when an officer does not use reasonable care in the collection, marking or storage of the item. ______. Ans. = Title 14 MRSA Chapter 741
12. T or F. The evidence tag may be the actual container the evidence is in.
- The documentation of evidence collection and possession throughout the
investigation process, to include the trial and post trial process is referred to as the ______. Ans. = Chain of Custody
Bibliography
Locard’s Exchange Principle
Thornton, John I. (1997), “The General Assumptions And Rationale Of Forensic Identification”, written at St. Paul, in David L. Faigman, David H. Kaye, Michael J. Saks, & Joseph Sanders, Modern Scientific Evidence: The Law And Science Of Expert Testimony, vol. 2, West Publishing Co.
Crime Scene Response Guidelines
By: Rod Andrus, Jim Bailey, Mike Carlton, Jerry Chisum, Greg Matheson, Craig Ogino, Stephen Ojena, Victor Reeve, Ed Rhodes, Theresa Spear, Faye Springer, Tony Sprague, Fred Tulleners, and Sandy Wiersema. May 13, 1993 Retrieved Jan. 11, 2008 from
Washington State Patrol Physical Evidence Handbook 6-21-2006 revision
Retrieved June 11, 2008 from
Caron, Brandi (Forensic Chemist, Maine State Police Crime Laboratory)
Interview, June, 2008
Hufnagel, Andrew (Detective, Jay Police Department) January, 2008
Leighton, Herbert (Maine State Police Detective, Criminal Investigation Division)
Interview June, 2008
Lopez, Mark (Maine State Police Detective, Criminal Investigation Division)
Interview, May, 2008
Scott, Jason (Windham Police Department) January, 2008
Stevens, Kimberly (Forensic Scientist specializing in Firearms and Finger prints)
Maine State Police Crime Laboratory) Interview, June, 2008
Attachment #1
During the 123rd session of the Maine Legislature, Title 25 MRSA 2804-C-2-C was enacted outlining the process for law enforcement officers in the collection of firearms evidence.
Title 25 MRSA 2804-C-2-C. Receipt of firearms; training; procedure; liability. Beginning January 1, 2008, the Maine Criminal Justice Academy shall provide training for municipal, county and state law enforcement officers regarding the proper handling, storage, safekeeping and return of firearms and firearm accessories received pursuant to a court order under Title 19-A, section 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph A-1. Such training must include education concerning the prohibitions on the purchase or possession of a firearm when a protection order has been obtained and communication with parties to protection orders concerning such prohibitions.
In developing materials for training in domestic violence issues, the Maine Criminal Justice Academy may consult with a statewide organization involved in advocacy for victims of domestic violence and with an organization having statewide membership representing the interests of firearms owners.
A law enforcement officer who receives custody of a firearm pursuant to Title 19-A, section 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph A-1 shall exercise reasonable care to avoid loss, damage or reduction in value of the firearm and may not permanently mark the firearm or fire the firearm unless there is reasonable suspicion that the firearm has been used in the commission of a crime. Any liability for damage or reduction in value to such a firearm is governed by Title 14, chapter 741.
Attachment #2
MRSA Title 19-A 4006. Hearings
2-A.Temporary orders; possession of dangerous weapons. The court may direct the
defendant not to possess a firearm or other dangerous weapon for the duration of the
temporary order if the complaint demonstrates:
A. Abuse that involves a firearm or other dangerous weapon; or [2003, c. 372, §2 (NEW).]
- A heightened risk of immediate abuse to the plaintiff or a minor child. In determining
whether a heightened risk of immediate abuse is present, the court shall consider, but is
not limited to consideration of, whether:
(1)The temporary order of protection is not likely to achieve its purpose in the absence of
such a condition;
(2) The defendant has violated orders of protection;
(3) Past or present abuse to a victim resulted in injury;
(4) The abuse occurred in public; and
(5) The abuse includes:
(a) Threats of suicide or homicide;
(b) Killing or threatening to kill pets;
(c) An escalation of violence;
(d) Stalking behavior or extreme obsession;
(e) Sexual violence;
( f) Excessive alcohol or drug use; and
(g) Abuse against a pregnant victim. [2003, c. 372, §2 (NEW).]
If the court prohibits the defendant from possessing a firearm or other dangerous weapon in a temporary order and if the defendant moves for dissolution or modification of an order pursuant to subsection 7, the court must hear and decide the motion as expeditiously as possible and must issue a written decision on the motion within 24 hours after a hearing on that motion.
If the court prohibits the defendant from possessing a dangerous weapon other than a firearm in a temporary order, the court shall specify the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm or other dangerous weapon in a temporary order, the court shall direct the defendant to relinquish, within 24 hours after service of the order on the defendant or such earlier time as the court specifies in the order, all firearms and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms and other dangerous weapons at any location if there is probable cause to believe such firearms or dangerous weapons have not been relinquished by the defendant.
[ 2003, c. 372, §2 (NEW) .]
Attachment #3
MRSA Title 19-A 4007. Relief
Subsection 1, paragraph A-1.Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the alleged abuse or engaged in the alleged conduct described in section 4005, subsection 1, may grant a protective order or, upon making that finding, approve a consent agreement to bring about a cessation of abuse or the alleged conduct. This subsection does not preclude the parties from voluntarily requesting a consent agreement without a finding of abuse. The court may enter a finding that the defendant represents a credible threat to the physical safety of the plaintiff or a minor child residing in the plaintiff's household. Relief granted under this section may include:
If the court enjoins the defendant under this subsection and the enjoined conduct constitutes harassment under Title 17-A, section 506-A, the court shall include in the order a warning in conformity with Title 17-A, section 506-A. (Harassment)
A-1. Directing the defendant not to possess a firearm or other dangerous weapon for the duration of the order; [1997, c. 334, §5 (NEW).]