Preserving the arson scene

Even with this in mind, the criminal fire scene will be compromised through the actual byproducts of the combustion process: heat, flame impingement, and smoke as well as the suppression operations. In addition, firefighters flow gallons of water into the scene while pulling ceilings and walls looking for hidden fire adding to the contamination possibility. Not your perfect crime scene, to say the least!

From a prosecutorial point of view, the preservation of the fire scene is critical and is likely the most important function between suppression completion and the initiation of the investigation. The days of the protective yellow barrier tape are behind us. Most prosecutors today demand that “continuous custody” of the fire scene be performed by live individuals who can testify the scene was not entered and altered in any way. “Fire Scene-Do Not Cross” tape can’t testify! We must be able to prove no one unauthorized enters the fire scene and the only way to do that is by posting live personnel at the scene to maintain custody. It doesn’t matter whether or not the live “guard” has a law enforcement certification. Fire department personnel can provide the same objective.

As mentioned earlier, the fire scene is far from the perfect crime scene. In the natural course of combustion the fire destroys evidence and deteriorates the potential crime scene as it feeds off additional fuels within the structure or vehicle. In some cases, there is hardly a scene to investigate! Realistically, there is nothing positive that comes from the “black hole” of a total fire loss. Some seasoned fire investigators quip that the “crystal ball” is the only resource left for such a fire scene. On most other scenes, the fire suppression crews achieve extraordinary success in saving much for the fire investigators to assess and evaluate. To insure the resulting evidentiary possibilities are held within the parameters of the 4th Amendment to the United States Constitution, the scene must be protected and preserved using the elements of the amendment as an ironclad guideline. Even though the investigation is centered on the determination of the origin and cause of the fire, which is a fire department function, the rules of criminal evidence must be adhered to in order for the evidence to be valid for use in a criminal prosecution. If the evidence retrieved is in violation of the 4th Amendment, the sitting judge will rule the evidence cannot be used in the prosecution. With arson prosecutions relying significantly on circumstantial evidence, we need all the help we can get to achieve convictions. We can’t afford to have evidence thrown out! That is why we must excel on the preservation of the fire scene.

The mindset of arson scene preservation begins with the first-in firefighters upon their arrival and during suppression and continues especially during overhaul operations where additional structural alterations are likely. Awareness of the potential for criminal evidence in fire scenes is highlighted in the NIFTA Essentials manual and most firefighters are cognizant of the elements of a post-fire investigation and their duties to preserve the scene. They do a fantastic job! But, overall, we can probably do a better job! Scene contamination is the number one reason for prosecutor’s refusal to take an arson case to trial. Post-Suppression operations are also important for maintaining the integrity of the fire scene. Overhaul operations can obliterate important fire patterns that the investigator uses to determine the origin and cause of the fire. Straight streams introduced in or around the area of origin can destroy or displace critical evidence. Remember, trace evidence such as hair, fibers, blood, or fingerprint evidence can be wiped out with an errant straight stream. Massive amounts of suppression water can simply wash away accelerant residues. It reminds one of the old adages of being “between a rock and a hard place”. No suppression water and the evidence burns away. Too much water washes the evidence away! We do the best we can! A quick “laundry list” of how to insure the preservation of the fire scene reads something like this: Limit foot traffic into the fire scene to those who are absolutely necessary for the successful suppression of the fire. Once the exigent circumstance is under control, the scene commander will attempt to determine the origin and cause of the fire. If he or she feels it is necessary for an investigator to respond for further investigation, lock the scene down and allow no one to enter until the investigator arrives. If there is a delay of the arrival of the investigator (hours or days) for whatever reason, the scene must protected/ preserved by maintaining “continuous custody”. Remember, we must be able to testify that no one entered the fire scene from the departure of fire suppression equipment until the investigator arrives on scene. It’s a pretty simple concept, actually. If the scene has been unprotected for any length of time, you risk the chance of having the evidence collected being tossed out on appeal from a crafty defense attorney. I won’t go into specific detail of scene preservation due to limitation of space for this article. Email me and I will send you links to numerous documents that spell out the “how-to’s” of scene preservation. As we enter the final quarter of the year it’s a good time to evaluate and update your current level of fire and arson investigation training. Don’t forget fire investigators must qualify as “expert witnesses” each time we testify in civil or criminal court. One of the keys to sure qualification as an expert witness is to be able to exhibit current, updated training specific to the career path. Has it been several years since your last class on fire investigation related training? If so, chances are the sitting judge will not allow your testimony to be heard. Fire investigation is an ever-changing discipline. We are only as good as our most recent training! Those “old wives tales” aren’t so far removed! I am passionate about current, updated fire investigation training for those who practice the specialty. I am amazed at those who pretend to be qualified as fire investigators and haven’t attended fire investigation training in years. Those are the ones that make it difficult for those who strive to maintain their training to current standards. Remaining current isn’t difficult. Attend a fire investigation related training class soon. Sponsor a class for other fire investigators in your area and let others have the opportunity to renew their skills. I offer current, updated training in numerous fire and arson related topics which I will bring to your training room. You save on travel and motel bills and update your training at the same time. I can build presentations to suit your needs. Call me! I will make it work for you!