Transcript Slide 1

EVIDENCE COLLECTION
Gather and Preserve Evidence

To show probable cause.

To prove that a crime has been committed.

To strengthen or corroborate a criminal case.
Collecting Evidence (1)
Why is gathering crime scene evidence critical?
 Arrest
decision may depend on evidence.
 Future
prosecution requires the use of evidence.
Page 15
Collecting Evidence (2)
 Gather
the evidence to make your case
 Gather
evidence to proceed in court.
Collecting Evidence (3)
 911/emergency
 Locate
 List
dispatch tapes.
and interview ALL potential witnesses.
names and ages of all children in the home.
Page 15-16
Collecting Evidence (4)
 Document
demeanor of every person interviewed.
 Document
size/build of victim and suspect.
 Check
suspect/victim for injuries & photograph.
 Match
description of the assault to the injuries.
Context Assessment
Aggressor Identification
1.
Context
2.
Aggressor
3.
Risk Assessment
4.
Self Defense
5.
Continuing Threat
POLICE TRAINING USE ONLY
1. Context
•
Demeanor of Suspect & Victim
•
Scene of the Incident
•
Previous Calls Involving Suspect &
Victim/History of this Relationship
2. Aggressor
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Body Language
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Officer Manipulation
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Explanation of the Incident
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Check for Wounds
3. Risk Assessment
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Weapons Involved/Weapons in the
Residence
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Victim Pregnant/Children in the Home
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Alcohol or Drug Abuse Involved
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Animal Abuse
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Strangulation Involved
4. Self Defense
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Check for Wounds that were made in
Self-Defense
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Weapons Used in Self-Defense
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Where did Incident take place
5. Continuing Threat
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Past History
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Weapons
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Threats/Gestures
Offensive or Defensive?
Collecting Evidence (5)
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TAKE PICTURES!!
Diagram the crime scene.
Find out who called for help-get a statement.
Photograph all injuries.
Ask about strangulation.
Statements from previous incidents.
Medical records.
Proper investigation in domestic violence cases
can be murder prevention!
Collecting Evidence (6)
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Survey the Scene. PHOTOGRAPH!
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Note what evidence was taken and its location.
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Note whether weapons were used and impounded.
Basics of
Photographing Evidence (1)
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Use photograph log &/or videotape.
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Take photographs at different distances.
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Use a ruler, pen or other object to show size perspective.
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Diagram a scale model of the scene.
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Photograph the crime scene, offender,
victim, injuries and children.
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Take full length and close-up photos
of victim and offender.
Pages 17-18
Basics of
Photographing Evidence (2)
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If possible, photograph the victim again in 2-3 days.
 Make sure you have adequate lighting
 Document in your report what you’re photographing
 Digital photos: take lots to get good ones.
Points for Officers
to Remember for the Report

Described the visible injuries/photographed clearly?
 Taken follow-up photographs 1-3 days after incident?
 If an object was used to strangle the victim, was it
collected and photographed?
 Describe the suspect’s demeanor.
Documentation
Important documentation – with or without victim
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Statements
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Injuries
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Damaged Clothing
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Weapons
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Crime Scene
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Photos
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Other Information
Types of Wounds (1)
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On the victim and offender
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Typical assault wounds
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Defensive wounds
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Offensive wounds
Pages 12-13
Types of Wounds (2)
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Bruise aging
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Documenting after 1-3 days
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Multiple wounds over time
• Old and new wounds, various stages of
healing
• Crescent moon marks (pinching)
• Circular burn marks (cigars/cigarettes)
Defensive Wounds
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Sustained trying to defend themselves.
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Can be on the victim or the offender.
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Examples: scratches/bite marks on
offender.
Offensive Wounds
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Sustained when attacked.
On the victim or offender.
Examples: broken noses, stab wounds,
black eyes, gunshot wounds, etc.
Examples: gashed knuckles on offender.
Medical Evidence (1)
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Medical treatment.
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Match injuries to each person’s version of events.
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Treated at the scene or taken to the hospital.
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Verify EMT’s who responded-obtain run sheet.
Medical Evidence (2)
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Record emergency personnel contact info.
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Obtain signatures for medical records.
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Statements made to medical personnel.
Document Damaged Clothing
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On the victim and/or the offender.
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Ripped or torn.
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Stained (ex. blood, grass, coffee, etc.)
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Punctured
Document Weapons
Anything used to hurt or scare the victim,
which can be:
 Fired
Restraining
 Pointed
weapons:
 Thrown
 Cord
 Stabbed
 Tape
 Swung
 Rope
 Clothing
 Handcuffs
 Zip Ties
Documenting the Crime Scene
Actual location and adjacent
areas:
 Overturned furniture
 Broken items
 Damage to walls, doors,
windows
 Signs of forced entry
 Damage to telephones
 Stains
 Damage to property outside
Documenting Statements
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Interviews with victim, offender & witnesses.
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Spontaneous or excited utterances.
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Overheard utterances or conversations.
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Allegations of the victim, offender, witnesses.
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Confessions.
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Write down everything precisely as you see
and hear it.
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Get a Medical Report if available.
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Other Information
 History
 Who
 Is
of previous calls to the scene.
called law enforcement?
there a Order of Protection?
 Are
the children abused or neglected?
 Alcohol
use or controlled substances?
 Animal
abuse issues
“My crazy wife stabbed me!”
Handling the Call
Scene 15
Evidence-Based Prosecutions
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Frustration if the system relies on victim to participate.
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Removing victim will take pressure off–case goes
forward.
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Investigating officer should make case without the victim.
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Building a solid case may intervene and prevent murder.
Pages 15-20
Additional Evidence
in Sexual Abuse Cases
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Clothing, towels, sheets, rugs, pillows, bedding, etc.
Other objects used during the assault
Containers which may contain drug facilitated
evidence
Photograph all victim injuries
Photograph victim’s personal belongings and crime
scene
Evidence Collection Kit
In Sexual Abuse Cases (1)
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Provide information to the victim about the
importance of the evidence that the Kit may
provide.
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Remember this is a very long and invasive
procedure and may be too difficult for the victim
to endure.
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The Evidence Collection Kit may not be
released without the written consent of the
survivor.
Evidence Collection Kit
In Sexual Abuse Cases (2)
 Adult survivor—May sign own written consent
 Minor age 13-17— May sign own written consent
 Minor age 12 or under—Evidence and
information concerning the alleged sexual
assault may be released at the written request
(410 ILCS 70/6.4)
 Evidence collection of minors-assessed at
disclosure
Keep in Mind
A good investigation
is the key
to a successful prosecution!
Law Enforcement’s Role
in Prosecution
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Good working relationship with prosecutor.
Thorough investigation and complete report.
Taking advantage of the ‘window of
opportunity’.
Stacking charges.
Testifying at trial, if necessary.
Get good, thorough victim contact info.
Evidence-based Prosecution
Law Enforcement Section, pages 15-20
Write reports and collect evidence as if the victim:
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will not testify
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will testify against the state’s case.
Search and Seizure
U.S. Constitution, Article IV, protects from
unreasonable searches and seizures.
Officers cannot enter a residence unless:
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Invited; or
Have a warrant; or
Have exigent circumstances; or
Plain view.
Acknowledgements
Resources provided by:
- Lydia Walker, Domestic Violence
Trainer/Consultant,
“Recognizing Injury, Physical and Sexual Child
Abuse”, 1983, 1-479-750-7322
- Mark Wynn, Wynn Consulting –
www.markwynn.com
- 4th Judicial Circuit FVCC Law Enforcement
Committee
- OVW Rural Grant Committee, 4th Judicial Circuit
This project was supported by Grant #2011-WE-AX-0055,
awarded by the Office on Violence Against Women, U.S.
Department of Justice, through the Illinois Violence
Prevention Authority.
“ The original project was supported by Grant # 2008-WRAX-0016, awarded by the Office on Violence Against
Women, U.S. Department of Justice, though the Illinois
Criminal Justice Information Authority.
Points of view, opinions, findings, conclusions or
recommendations contained within this document are those
of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice, Office
on Violence Against Women, or the Illinois Criminal Justice
Information Authority.”