Practical Homicide Investigation. (Vernon J. Geberth) Quy trình điều tra

4. The Preliminary Investigation at the Scene: The Detectives

The purpose of this chapter is to provide the homicide investigator/detective with flexible guidelines to follow in the preliminary investigation of death. The principles set forth in this section are intended to help the detective and chief investigator at the homicide crime scene to systematically check and review all the facts applicable to the investigation.

Many times over the years I have heard the expression how "luck and chance" played a significant role in the successful conclusion of a case. However, I believe that luck and chance are the residue of design and established protocol. The tactics, procedures, and forensic techniques within this text are designed to elucidate the elements of good fortune.

I believe that the professional investigator creates his or her "luck and chance" through the systematic application of basic time-proven and traditional investigative methodologies utilized by law enforcement agencies throughout the years, coupled with an appreciation for and an understanding of the advances in forensic science as well as its application to the investigative process.

This chapter will cover the sequence of events, starting with the initial notification to the detectives that a homicide has occurred, and then proceed chronologically through the investigative duties and direction of activities at the scene, including direction of uniformed personnel, interview of first officers, interview of ambulance personnel, handling curious onlookers and witnesses at the scene, the canvass, and the preliminary medical examination. Subsequent chapters will address the specific investigative methods employed at the scene. However, this preliminary phase of homicide investigation is the most critical and deserves special attention because it sets the tone for the entire investigation.

In Practical Homicide Investigation®, I describe the duties of homicide investigators as follows:

Observe

Describe

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Record (note taking, photography, video tape, sketch, Polaroid or digital camera shots, tape record, describe for the record, and obtain any interviews or statements) Collect

Initial Receipt of Information

Homicide investigation is probably the most exacting task confronting the criminal investigator. It begins with the initial notification that a homicide has occurred.

Investigators are rarely the first officers at the scene of a homicide. The body is usually discovered by friends, relatives, or citizens, who in turn notify the police or call for an ambulance. The notification to detectives or investigators is usually made through department channels.

The response of the homicide investigator and detective supervisor must be methodical. In order not to overlook the obvious, the most basic details should be recorded. I recommend that the investigator start a separate steno pad or notebook for use in each homicide investigation. The first entry should be the receipt of information that a homicide has occurred, including

Date and time of notification

Method of transmission, e.g., telephone, radio, or in person

Name, rank, shield number, and other data identifying the person reporting the information to detectives

Complete details of the information and event

Many times, from a false sense of urgency and/or a desire to take immediate action, investigators will get caught up in the excitement or confusion that often permeates the homicide crime scene. Subsequently, they may lose the "cool, calm, and detached" projection necessary to assume control and initiate the investigation. A good thing to keep in mind is that the deceased is not going anywhere and, more important, that the patrol officers are already at the scene taking preliminary action.

Prior to leaving for the scene, the investigator should instruct the person notifying him or her that patrol officers at the scene should

Preserve the crime scene

Hold all witnesses and/or suspects

Avoid using telephones located within the crime scene

Initiate a personnel log accounting for all activities at the scene, including identification of all persons who have had access to the scene

Record the license numbers and vehicle information of all autos in the area of the crime scene (if applicable)

Figure 4.1 CRIME SCENE UPON ARRIVAL OF DETECTIVES: VICTIM DEAD. This photo was taken immediately upon the arrival of detectives at the scene. This crime scene was in a heavily populated inner city location, which is not conducive to establishing a large perimeter. However, uniform officers had cordoned off an area around the body to preserve the scene. Emergency medical personnel covered the body with a sterile sheet from the ambulance after pronouncing the victim dead. It is also a good procedure to obtain pictures of the people in the crowd. Often witnesses to the event, including possible suspects, will be watching the police activities at the scene. Usually upon arrival of the investigators, who may recognize some former "clients," these folks disappear. If their pictures have been taken, you may be able to identify or locate persons of interest. (From the author's files.)

Arrival at the Scene

When the investigator arrives at the scene, he should note the following:

Time of arrival

The exact address of the scene

Persons present (officers, ambulance or medical people, relatives, friends, etc.)

The condition and position of the body (personally verify death; see Chapter

2 section, "First Officer's Duties on Arrival at the Scene")

Information concerning death

Weather conditions (The simplest and best way to obtain certified weather records is from the National Climatic Data Center, located in Asheville, North Carolina, 828-271-4800 or www.ncdc.noaa.gov/oa/ ncdc.html.) Outside lighting conditions in nighttime situations

Points of observation (locations where prospective witnesses or persons such as the local busybody could have observed what happened)

Possible video surveillance locations such as banks, ATM machines, supermarkets or malls, parking lots, and other locations, which now routinely employ video surveillance for security or public safety.

Preliminary Steps to Be Taken by Detectives upon Arrival — Checklist

Upon arrival, ascertain boundaries. Do not move blindly into an area. (Confer before acting.)

Decide how to approach the scene. Consider paths of entry and exit. (Confer with first officer or detective.)

Conduct the initial survey. (Remember to have the first officer escort you.)

Use this opportunity to develop a mental image and "absorb the crime scene."

Ascertain whether fragile evidence is present. (Assure collection of these items.) Prior to any crime scene process, take "work photos" to limit scene intrusion. Digital or Polaroid cameras can be used. Record ambient temperature.

In addition, the investigator should stop and observe the area as a whole, noting everything possible before entering the actual crime scene for the detailed examination. Only the investigator and detective supervisor should enter the homicide crime scene — of course, with the exception of the first officers and even then only to confirm death and observe scene conditions.

Homicide investigators must be certain to record the time and place of events and any measurable evidence. It takes only a few moments of the investigator's time to record this information, which may prove vital to the investigation. Basically, there are three reasons for this emphasis on preliminary note taking:

1. The question of time is frequently the first subject covered in a cross-examination. If the investigator cannot be sure of the time of events, he or she may lose credibility on the rest of the testimony.

2. The subject of time may very well be the basis of an alibi.

3. Note taking forces the investigator to slow down. It thereby sets a calmer tone for subsequent events at the scene and also causes the investigator to pay attention to details in order to record them in the notebook.

A procedure I have found effective is to photograph the crime scene upon arrival to record the conditions as I arrived. This can be done with a digital or Polaroid camera, available at the homicide office and maintained for crime scene use, or with an Instamatic camera, which can be carried in your pocket for ready use at any time. I find the digital camera with built-in flash device the most effective

Figure 4.2 PROPERLY PREPARED CRIME SCENE. This photo depicts a crime scene which has been properly prepared by the responding patrol officers. The victim had been killed in a field off a major highway in the Bronx. The patrol officers cordoned off the entire field surrounding the body, which resulted in the retrieval of crucial evidence in and around the body, including a suspect's shoeprints. (From the author's files.)

because of its convenience, its simplicity, and the ability to view your pictures immediately at the scene. A photo taken at this point is a priceless record of how the crime scene appeared when the first detectives arrived.

The Crime Scene Unit or police forensic photographer will take any number of photographs of the homicide crime scene, which will be submitted into evidence for the prosecution. However, those first pictures taken before the arrival of additional personnel and supervisors usually prove to be quite valuable.

Describing the Scene

A complete description of the dead body and the surrounding area, covering the following items, should be entered in the notebook of the investigator upon arrival. (Although some of the points I have listed may seem quite obvious, I can assure you from my experience that the obvious is sometimes overlooked, especially during this initial phase, as you attempt to cover all the bases.)

1. Record sex, appearance, age, build, color of hair of the deceased and a description of the deceased's clothing.

2. List evidence of injury and apparent cause of death.

3. Are the bloodstains wet or dry?

4. What is the condition of the body (lividity, rigor, etc.)?

5. Describe the color of the blood (bright red or brown).

6. Note any tears in clothing and evidence of gunshot or stab wounds.

7. Carefully examine the hands. Are there any wounds or a weapon?

8. Note whether there is any jewelry (rings, watches, gold chains, etc.). If there is no jewelry, make a negative notation. Defense attorneys have been known to resort to dirty tactics during trials. If they can make you look like a thief to discredit your testimony, they will do it.

9. Describe the immediate surroundings. (See Chapter 7.)

a. Note position of body in relation to articles in the room.

b. Note doors, windows, furniture, etc.

10. If a weapon is nearby, take detailed notes. Do not handle.

11. Look for bullet holes or fired shells. Note: do not collect at this stage of the investigation. (See Chapter 8.)

12. In poison and drug-overdose cases, note presence of drugs, bottles, or glasses.