Full Answer Section

• • Evaluating the need for additional resources: Determining if backup officers, medical personnel, fire department, or specialized units are required.

• Detain Witnesses and Potential Suspects: If any individuals are present at the scene who may be witnesses or potential suspects, the officer will:

  • Identify and separate them: This prevents collusion and allows for independent accounts of events.
  • Conduct preliminary interviews: Obtain basic information, such as names, contact information, and a brief overview of what they observed.
  • Secure potential suspects: If there is probable cause to believe someone at the scene committed the crime, they will be detained and their rights will be explained (Miranda rights in the US context, similar legal protections exist in Kenya).

• Aid the Injured: If there are any injured individuals at the scene, the officer will:

  • Provide immediate first aid to the extent of their training.
  • Request emergency medical services (EMS) immediately.
  • Ensure the injured are protected from further harm while awaiting medical assistance. It’s crucial to document the location and condition of the injured before they are moved, if possible.

• Protect the Crime Scene: This is a crucial step to prevent the contamination, alteration, or loss of evidence. The officer will:

  • Establish initial boundaries: Use physical barriers like crime scene tape, cones, or even verbal commands to define the perimeter of the crime scene. The initial perimeter should be wider than what is immediately apparent, as the full extent of the scene may not be immediately obvious.
  • Control access: Limit entry and exit to the scene to only authorized personnel. This includes preventing unauthorized individuals, including media and curious onlookers, from entering.
  • Document entry/exit: If possible, begin a log of who enters and leaves the scene.
  • Prevent unnecessary movement: Instruct individuals within the initial perimeter to remain in place until they can be properly identified and interviewed.

• Take Notes: The officer will begin documenting their observations and actions upon arrival. This includes:

  • Time of arrival.
  • Weather conditions.
  • Lighting conditions.
  • Individuals present at the scene.
  • Initial observations of the scene and any potential evidence.
  • Actions taken.
  • Statements made by witnesses or suspects (briefly).

These initial steps are vital for ensuring the integrity of the investigation and the admissibility of evidence in court. The first responding officer acts as the guardian of the crime scene until the arrival of specialized personnel like crime scene investigators.

Topic 2: Methods of Crime Scene Documentation by the Crime Scene Investigator

Upon arrival, the Crime Scene Investigator (CSI) takes a systematic and detailed approach to document the scene. Accurate and thorough documentation is crucial for reconstructing events, preserving evidence, and presenting a compelling case in court. The primary methods of crime scene documentation include:

• Note-Taking: This is a continuous and essential process throughout the entire crime scene investigation. The CSI meticulously records:

  • Detailed observations: The exact location and condition of evidence, the appearance of the scene, environmental factors (lighting, temperature, smells), and any transient details.
  • Actions taken: Every step performed by the CSI, including when, how, and by whom evidence was collected, packaged, and transported.
  • Measurements: Precise measurements of the scene, the location of evidence relative to fixed points, and the dimensions of objects.
  • Statements: Detailed accounts from witnesses, victims, and other involved parties (often transcribed verbatim or summarized accurately).
  • Personnel present: A log of all individuals entering and leaving the secured area.
  • Changes to the scene: Any alterations made, even if necessary (e.g., moving an object to aid an injured person), must be documented before and after the change.
  • Use of a systematic approach: Notes are often organized chronologically or by area of the scene to ensure clarity and completeness.

• Photography: Crime scene photography provides a visual record of the scene in its original condition. This involves:

  • Overall (Overview) Photographs: Capture the entire scene from multiple angles, showing the spatial relationships between different areas and key pieces of evidence. These establish the context of the crime.
  • Mid-range Photographs: Focus on specific areas or objects, showing their location within the broader scene. These provide a clearer view of the evidence in relation to its surroundings.
  • Close-up Photographs: Detailed images of individual pieces of evidence, often with a scale (ruler or evidence marker) placed next to the item to indicate its size. These capture specific details and identifying characteristics.
  • Photographic Logs: A detailed log is maintained, documenting each photograph taken, including the photographer, date, time, location, direction of the shot, and a brief description of the subject.
  • Video Documentation: Increasingly, video recordings are used to provide a moving perspective of the crime scene, allowing viewers to virtually walk through the area and understand the spatial relationships in a dynamic way.

• Videography (as mentioned above): Provides a dynamic visual record of the scene. It can capture the flow of the scene, the relationship between objects, and the investigator’s walkthrough. It can also document the condition of the scene before any evidence is moved. Proper audio narration by the investigator, describing what is being shown and its significance, enhances the value of video documentation.

• Sketching: Crime scene sketches are hand-drawn or computer-generated diagrams that depict the layout of the scene and the precise location of evidence. Sketches offer a unique perspective that complements photographs by providing accurate spatial relationships and measurements that may not be easily discernible in photos.

  • Rough Sketch: A preliminary sketch made at the crime scene, containing essential details and measurements. It doesn’t need to be perfectly to scale but should be accurate in its representation of the scene and evidence locations.
  • Finished Sketch: A more polished and accurate drawing, often prepared back at the office using the measurements from the rough sketch. It is typically drawn to scale and may include a legend, compass direction, case number, date, and the investigator’s name.
  • Methods of Measurement: Several techniques are used for measuring evidence location:
    • Triangulation: Measuring the distance from two fixed, immovable points (e.g., corners of a room) to the evidence.
    • Rectangular Coordinates: Measuring the distance from two perpendicular walls to the evidence.
    • Baseline Method: Establishing a straight line (baseline) between two fixed points and measuring the perpendicular distance from the baseline to the evidence.
    • Polar Coordinates: Using an angle and a distance from a known point to locate the evidence.

• Diagramming Software: Computer programs are increasingly used to create accurate and detailed crime scene diagrams. These programs often allow for the layering of information, the inclusion of photographic links, and the creation of 3D models of the scene. This provides a more interactive and comprehensive form of documentation.

These methods of crime scene documentation work together to create a comprehensive and legally sound record of the crime scene. Each method captures different aspects of the scene, and their combined use ensures that crucial details are preserved for later analysis and presentation in court.

Topic 3: Legal Challenges of a Crime Scene Search, Including Issues with Collection and Preservation of Evidence

Crime scene searches are subject to numerous legal challenges, primarily stemming from the Fourth Amendment of the US Constitution (or similar protections in other legal systems, including principles of fundamental rights and freedoms in Kenya), which protects individuals from unreasonable searches and seizures. Violations of these protections can lead to the exclusion of evidence in court, potentially jeopardizing a prosecution.

Key Legal Challenges:

• Warrant Requirement: Generally, law enforcement must obtain a warrant based on probable cause before conducting a search of private property. Probable cause means there is a reasonable belief that evidence of a crime will be found in the place to be searched.

  • Exceptions to the Warrant Requirement: Numerous exceptions exist, and their application is often litigated:
    • Consent: If a person with lawful authority voluntarily consents to the search. The consent must be freely and intelligently given.
    • Plain View Doctrine: If an officer is lawfully present in a location and observes evidence of a crime in plain view, they can seize it without a warrant.  

    • Exigent Circumstances: Warrantless entry and search are permitted if there is an immediate threat to life or safety, a risk of imminent destruction of evidence, or a fleeing suspect.
    • Search Incident to Lawful Arrest: Upon a lawful arrest, officers can search the arrestee and the area within their immediate control.
    • Automobile Exception: Due to the mobility of vehicles and the reduced expectation of privacy, vehicles can be searched without a warrant if there is probable cause to believe they contain contraband or evidence of a crime.
  • Case Law Example (US): Mincey v. Arizona, 437 U.S. 385 (1978) established that there is no “murder scene exception” to the Fourth Amendment warrant requirement. Even after officers secure a homicide scene, a subsequent thorough search requires a warrant unless an exception applies.
  • Case Law Example (Kenya): While specific case law regarding crime scene searches might vary, the Constitution of Kenya, 2010, guarantees the right to privacy, including the right not to have one’s property searched without a court order or consent (Article 31). Similar exceptions for exigent circumstances and lawful arrest would likely be recognized under Kenyan law.

• Scope of the Search: Even with a warrant or a valid exception, the scope of the search must be reasonable and limited to the area where the evidence sought is likely to be found. Overly broad searches can be challenged.

  • Case Law Example (US): Chimel v. California, 395 U.S. 757 (1969) limited the scope of a search incident to arrest to the arrestee’s person and the area within their immediate control.

• Chain of Custody: Maintaining an unbroken chain of custody for all collected evidence is crucial for its admissibility in court. This means documenting every person who handled the evidence, as well as the date, time, and location of each transfer. Any break in the chain of custody can raise doubts about the authenticity and integrity of the evidence.

  • Issues: Improper labeling, inadequate documentation of transfers, and failure to secure evidence properly can all lead to challenges regarding the chain of custody.

• Contamination of Evidence: Improper handling or storage of evidence can lead to contamination, making it unreliable or inadmissible. This includes:

  • Cross-contamination: Transferring biological material between different pieces of evidence.
  • Introduction of foreign material: Fibers, hairs, or other substances being inadvertently introduced to the evidence.
  • Degradation: Failure to properly preserve biological evidence (e.g., DNA) through refrigeration or drying.
  • Case Law Example (General Principle): While there might not be a single landmark case specifically on evidence contamination leading to exclusion in all jurisdictions, the general principle is that if the defense can demonstrate that the evidence has been compromised to the point where its reliability is questionable, the court may exclude it. This often arises in cases involving DNA evidence where protocols for collection and handling are meticulously scrutinized.

• Preservation of Evidence: Law enforcement has a duty to preserve evidence that might be exculpatory (favorable to the defendant). Failure to do so can violate the defendant’s due process rights.

  • Case Law Example (US): Brady v. Maryland, 373 U.S. 83 (1963) established the prosecution’s duty to disclose exculpatory evidence to the defense. While not directly about crime scene preservation, it highlights the importance of preserving evidence that could be relevant to the case.
  • Case Law Example (US): Arizona v. Youngblood, 488 U.S. 51 (1988) held that the failure to preserve potentially useful evidence constitutes a denial of due process only if the defendant can show bad faith on the part of the police.  

• Technology and Privacy: The use of advanced technology at crime scenes, such as drones, thermal imaging, and forensic genetic genealogy, raises new privacy concerns that are subject to legal scrutiny regarding the scope of permissible searches and the collection of sensitive personal information.

Addressing these legal challenges requires rigorous adherence to established protocols for crime scene searches, proper training of law enforcement personnel, meticulous documentation of all actions, and a thorough understanding of relevant legal precedents. Failure to comply with these legal requirements can have significant consequences for the admissibility of evidence and the outcome of criminal proceedings.