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Case Study

Contamination of evidence is a major issue that can undermine criminal cases. Evidence can become contaminated at the crime scene, during collection and transport, or during storage and analysis. Proper evidence handling procedures are needed to prevent contamination, including disinfecting equipment between crime scenes, securely packaging evidence, and maintaining chain of custody. A lack of proper facilities, equipment and training for crime scene investigation can increase the risk of evidence being contaminated or compromised. Ensuring evidence integrity is important from the initial crime scene processing through final preservation.

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Cyril Cauilan
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0% found this document useful (0 votes)
564 views

Case Study

Contamination of evidence is a major issue that can undermine criminal cases. Evidence can become contaminated at the crime scene, during collection and transport, or during storage and analysis. Proper evidence handling procedures are needed to prevent contamination, including disinfecting equipment between crime scenes, securely packaging evidence, and maintaining chain of custody. A lack of proper facilities, equipment and training for crime scene investigation can increase the risk of evidence being contaminated or compromised. Ensuring evidence integrity is important from the initial crime scene processing through final preservation.

Uploaded by

Cyril Cauilan
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTRODUCTION

The issue of physical evidence contamination has brought several criminal cases to
national attention. Contamination of physical evidence can occur at the crime scene, during the
packaging, gathering, and transportation of the evidence to a secure facility or laboratory, and
during evidence analysis and storage, according to Webster's Dictionary.

While forensic scientists in the lab are concerned about contamination and have created
processes to identify and limit the danger of contamination, law enforcement has been slower to
adopt contamination prevention measures. Recent advancements in forensic DNA technology
have made it possible to do so. Contamination of a crime scene is usually caused by the acts of
those present. The greater the number of individuals on the site, the more probable the
scene/evidence may be contaminated. Hairs, fibers, and trace material can be deposited on the
scene, and latent footwear and fingerprints can be destroyed. Anyone approaching the scene,
including crime scene officials, can leave footprints. When two items come into contact, as
Professor Locard has shown us, they trade trace evidence. We not only leave trace evidence
behind when we attend a crime scene, but we also take evidence away from the site.

The technology used to photograph and process crime scenes could also be a source of
contamination. Crime scene investigators must be aware of the potential for cross contamination
induced by their equipment. As the crime scene examiner moves from one scene to the next, they
risk spreading hairs, fibers, and biological fluid from the previous crime scene to the current one.
If crime scene personnel disinfect their equipment before and after each crime scene, this
contamination can be easily controlled. Their attire, note pads, camera equipment, sketching
equipment, and any processing equipment in their crime scene kits are among the items that
should be decontaminated.
Evidence is packaged to prevent it from being destroyed or contaminated. All evidence
must be packaged in new containers. Sterile containers are essential for some evidence.
Contaminants must also be kept out of the packaging machinery. This is readily accomplished by
storing all of the packaging supplies in a single case and carefully transporting them from one
scene to the next.

At the crime scene, evidence containers must be sealed. This decreases the risk of
contamination while maintaining the evidence's integrity. The risk of contamination increases
considerably when containers are left open and removed from the scene. As a result, containers
must be securely sealed and labelled at the crime scene for identification.
Since the beginning of evidence analysis, law enforcement and forensic practitioners
have been concerned about the possibility of contamination. Due to the sensitivity of current
scientific techniques, such as forensic DNA analysis, the potential impact of evidence
contamination on the outcome of a criminal case has become increasingly crucial. The risk of
contamination is considerably decreased if evidence is properly collected from the scene,
packaged and handled correctly throughout transportation and storage, and decontamination
procedures are employed. As a result, regardless of what new studies are created in the future,
the evidence's integrity and worth will be preserved.
This is why there is a need address the problem regarding the lack of Equipment and
Facilities needed for Crime Scene Investigation to ensure that the gathered evidence may not be
tampered, destroyed and will really serve its purpose. To ensure correct management of evidence
from scene to storage and, ultimately, to reduce the danger of contamination and the influence of
these concerns on the conclusion of a criminal investigation, law enforcement and forensic
specialists must continue their education and training.

ISSUES AND CONCERNS

The investigation method relies heavily on any evidence found inside the crime scene's
physical environment. Contamination and loss of continuity are the two biggest threats to
physical evidence at every crime scene.
Approaching and entering the crime scene without sufficient preparedness. Evidence
processing and a strong chain of custody are essential. These are the fundamental prerequisites
for preserving evidence. Due to evidence mishandling, many cold cases are no longer available.
Even after the area has been secured, contamination is still a possibility. Only one cop is
normally assigned to the situation. This becomes a concern if no plans are made to allow people
to enter the crime scene from different directions. In other cases, completely protecting the
location from unauthorized persons is exceedingly challenging. The situation is less complex in a
domestic burglary, and it may be secured quickly with less manpower. A public park, on the
other hand, may be difficult, if not impossible, to completely secure and keep safe until the
murder scene has been adequately investigated.

Contamination concerns may still exist even after the crime scene has been properly
secured. Not only do crime scene investigators regularly go across the site, but their equipment
has the ability to transfer unrelated trace objects as evidence. Furthermore, the tactics utilized by
crime scene investigators to locate or improve certain types of evidence can contaminate the
evidence. Fingerprints, footwear, toolmarks, hairs, trace material, bodily fluids, and latent
patterns are all examples of potential evidence found at a crime scene. To identify or enhance
each form of evidence, chemicals or powders may be used.
Because of the sensitivity of current forensic DNA analysis performed by crime
laboratories, appropriate handling of biological evidence is essential. Drying biological fluid-
covered goods prevents microorganisms from destroying or contaminating them. It may be
impractical or inappropriate to dry wet objects on the spot. Wet objects should be put in a paper
container and sealed before being placed in an open plastic container. Only the plastic container
is utilized for transporting. The plastic container prevents biological fluid from contaminating
other paper evidence containers and from seeping through the paper packing onto the personnel's
vehicle's floor or seat.
To avoid destruction and contamination, particular care must be taken when transporting
evidence from the scene. Some evidence, especially biological evidence, may be affected by
temperature variations or absolute temperature. The temperature inside a car can rise
significantly during the summer months especially when it is in direct sunshine. Placing evidence
in an enclosed section of a vehicle under these conditions can cause it to be destroyed or
contaminated. During the colder months of the year, further precautions should be taken to
prevent the evidence from freezing.
To submit evidence to a forensic laboratory for analysis, the evidence is brought to the
facility's "sign in" area, where all evidence is received. This is another potential source of
contamination. Evidence from other cases may leak and taint any evidence packages placed on
the receiving counter as a result. During the laboratory's working hours, decontamination of this
space should be done on a regular basis. The evidence is normally taken to a temporary storage
vault after it has been properly received. Other containers in this vault or storage space, if they
leak, could present contamination issues that need to be handled. The evidence is eventually
taken from the vault and examined in a portion of the laboratory.
The evidence is normally taken to a temporary storage vault after it has been properly
received. Other containers in this vault or storage space, if they leak, could present
contamination issues that need to be handled. The evidence is eventually taken from the vault
and examined and analyzed in a portion of the laboratory. The package is now on a table or
counter, where it will join a slew of other evidence gathered over the years. Most laboratories, on
the other hand, already have proper decontamination processes in place. Cross contamination is a
concern for the analysts; thus they disinfect their work areas on a regular basis. The institution
and forensic scientists normally follow standard processes and rules to minimize the danger of
fraud.
LOCALE OF STUDY

Evidence is the foundation upon which both sides develop their separate arguments in a criminal
prosecution. During a criminal investigation, significant care must be taken to collect, preserve,
and record evidence that could be crucial in proving the facts of the case. The significance of the
evidence, however, does not end with the trial. Any excellent criminal defense lawyer
understands that the evidence gathered during a criminal case must be kept for posterity in order
to ensure that the accused's due process rights are completely respected.

Evidence preservation is critical because it has the potential to influence the whole course of a
criminal case, and its impact can last much beyond the initial resolution through the appeals
process. To satisfy the requirements stated out in the Sixth and Fourteenth Amendments to the
Constitution, the government must properly gather and retain evidence in a criminal case. A
criminal defense lawyer will go to considerable measures to investigate the evidence, as well as
its acquisition and preservation, to ensure that the defendant's rights are protected.

Those in charge of obtaining and collecting evidence should prioritize evidence preservation.
Both pre-collection and post-collection evidence are covered by evidence gathering protocols.
Evidence may be tainted or destroyed if it is not properly kept prior to collection. Evidence may
deteriorate if it is not properly preserved and stored before forensic investigation or testing,
damaging or depreciating it as a source of information.
This study will focus on the effect of Lack of Equipment and facilities Needed for crime scene
Investigation unit in Iguig Police station. It will also address some issues regarding the Basic
Protocols for Handling Evidence, Collecting Evidence, Storing Evidence, and Tracking
Evidence.
A study has been performed to investigate the effect of Lack of Equipment and facilities Needed
for crime scene Investigation unit in Iguig Police station. The information was collected from
online libraries and websites.
ADVANTAGES
Photographic and Drawing Materials
Every crime scene investigator should have a camera, preferably a 35mm camera or a digital
camera that can take quality pictures. Various evidence measuring scales or flags for usage on
walls, floors, or physical evidence should also be included in such camera kits. A tiny ruler or
square is usually sufficient, however folding measuring rulers or tape measures may be required
in some circumstances.
A crime scene investigator should always have a compass, ruler, graph paper, pencils, and
marking pens in his or her equipment in order to accurately draw or map a crime scene.
Professional drawing instruments may be carried depending on creative skill. Basic floor plan
layouts can be created using some crime scene templates.
Kits for casting
When a crime scene investigator discovers shoe or tire impressions, casting equipment are in
handy. A spray sealer for use on prints found in dust or dirt should be included in such kits, as
well as something to mix the casting components with water. Impression wax can be used to
make dental imprints as well as to make snow sculptures. Electrostatic lifting devices, films, and
gelatin lifters are other common components in every well-stocked casting kit.
Many unwanted exposures to crime scene pollutants can be avoided by taking simple safeguards.
Furthermore, the investigator should avoid touching or handling blood or body fluids without
wearing gloves or wearing eye and mouth protection. After responding to a crime site, crime
scene investigators must clean their equipment and always before transporting it to another crime
scene.
AIDS, HIV, HBV, and other viruses are transmitted by blood, sperm, tissues, cerebrospinal
fluids, and other bodily fluids, therefore such procedures will protect crime scene investigators.

DISADVANTAGES
Physical evidence plays a crucial and especially beneficial role in investigations when all sources
of information are considered (e.g. confessions, testimonies, video surveillance). All other
sources of knowledge, with the exception of physical proof, have minor dependability issues.
When physical evidence is recognized and handled appropriately, it provides the best chance for
success.

Officers face more distractions.


Most individuals have seen inside a police officer's car, whether it was sitting next to them at a
stoplight or from the backseat of one. A laptop with its own built-in dispatch system is found in
practically every police cruiser. While this may be useful in some circumstances, when a call
comes in through the laptop, the police officer may be driving, which could be distracting and
lead to an accident.
Police and Citizens' Privacy Concerns
Another disadvantage that may not be considered while integrating technology in the workplace
is exposure. Body cameras provide a number of advantages, like accountability and honesty, but
they can also be perceived as a danger.
The violation of personal privacy by body cameras is one issue that hasn't garnered the attention
it deserves. Laws have been pushed in certain jurisdictions to have cameras rolling 24 hours a
day, which can be a big privacy worry for officers. Officers, like the rest of us, communicate to
their partners and significant others, take lunch breaks, and use the restroom. Having a camera
recording personal acts and conversations around the clock can put an unfair strain on the cops.

POSSIBLE ALTERNATIVE SOLUTION

Items that are required for first responders. The following items must be readily available to the
first responding officer(s). Officers should consider keeping them in their patrol cars:

 Binding paper
 Bags for biohazards
 Forms for consent/search
 Barricade tape for crime scenes.
 Kit for first-aid.
 Flares.
 Extra batteries and a flashlight
 Pencils (e.g, business cards, chalk, spray paint or some other marker to place by noted
evidence items).
 Notebook.
 Bags of paper
 PPE stands for personal protection equipment (e.g., gloves, booties, hair covering,
overalls and mask).
 Officers may need to use other items, and may wish to have them readily available in
their police vehicle. These items include:
 Audio recorder.
 Biohazard labels.
 Bloodstain pattern examination kit.
 Business cards.
 Backup camera.
 Chalk.
 Cutting instruments (knives, box cutter, scalpel, scissors).
 Directional marker/compass.
 Disinfectant.
 Distilled water.
 Entomology (insect) collection kit.
 Evidence collection containers (e.g., jars, paper bags, resealable plastic bags, metal paint
style cans).
 Evidence identifiers.
 Evidence seals/tape.
 Extension cords.
 Fingerprint ink pad and pint cards for elimination prints.
 Flags (surveyor type) for marking evidence and setting up search patterns.
 Forensic light source (alternate light source, UV lamp/laser, goggles).
 Generator.
 Gunshot residue kit.
 High-intensity lights.
 Labels.
 Laser trajectory kit.
 Magnifying glass.
 Maps.
 Marker stickers such as numbers, letters, arrows, scales.
 Marking paint/snow wax.
 Metal detector.
 Mirror.
 Nail clippers and orange peeler (for collecting debris under suspect fingernails).
 Phone listing (important numbers).
 Pocket knife.
 Presumptive blood test supplies.
 Privacy screens.
 Protrusion rod set.
 Rakes.
 Razor blades or knife (knife must have blades that can be broken off after each use).
 Reflective vest.
 Refrigeration or cooling unit.
 Respirators with filters.
 Roll of string.
 Rubber bands.
 Screen sifters.
 Sexual assault evidence collection kit (for victim and suspect).
 Shoe print lifting equipment.
 Tarps to protect evidence from the weather.
 Templates (scene and human).
 Thermometer.
 Tool kit.
 Traffic cones.
 Trajectory rods.
 Waterless hand wash (towelette with germicide).
 Examples of Evidence Collection Kits
 A blood collection kit might include:
 Coin envelopes.
 Disposable scalpels.
 Distilled water.
 Ethanol.
 Evidence identifiers.
 Latex gloves.
 Photographic ruler (ABFO scales).
 Presumptive chemicals.
 Sterile gauze.
 Sterile swabs.
 Test tubes/test tube rack.

RECOMMENDED SOLUTION

Taking Notes
Although the investigator will make other papers to manage the crime scene, the notebook will
be the most significant document to the investigator. The investigator's notebook serves as a
personal record of the investigation.

Over the years, many different types of police notebooks have arisen. If that was the only paper
available at the time, the court will sometimes accept police notes written on a piece of paper.
Outside of exceptional situations, the acceptable parameters of police notes and notebooks in
operational investigations are:
 A notebook with a cover page that includes the name of the investigator, the date the
notebook was started, and the date it was finished.
 page numbers in order
 A booklet that cannot be torn apart without being detected.
 Notes can be neatly scripted on lined sheets.
 Each notebook entry should begin with the time, date, and case reference.
 Between entries, no blank spaces on pages should be left, and if there are, they should be
filled with a single line drawn through the space or a diagonal line drawn across the page
or partial page space.
 Any errors in the notebook should only be crossed out with a single line drawn through
them, and this should not be done more than once.

The investigator's notebook is the best source of information in court. The court will enable an
investigator to refer to notes taken at the time to refresh their recall of events and acts conducted
when testifying. When a court examines an investigator's notebook, notes that are consistent with
the investigator's testimony provide circumstantial certainty that the evidence is true and truthful
(McRory, 2014). Alternatively, if significant elements of the investigation are not properly
recorded or are missing from the notebook, the defense will study those portions of the evidence
more closely. In deciding whether proof beyond a reasonable doubt exists, the court may give
those unrecorded facts less weight.
Good notes provide a summary of what was seen/heard and what steps were done for an
investigator. The investigator's mental map of the facts that led to the formation of reasonable
grounds for an arrest and charges can be seen in a timeline of notes. Adjournments, appeals, and
suspects eluding prompt apprehension are all common ways for court cases to drag on. This can
add several years to the time between the inquiry and the trial. In these lengthy instances, having
thorough notes that accurately reflect the inquiry is crucial to the investigator's ability to recall
the facts.
Each investigator is responsible for documenting their personal view and remember of the
incident they are witnessing as it occurs. When investigators agree on a version of events and
write their notes to reflect that version of events, the notes are no longer personal recollections of
that investigator and may be scrutinized as a collective version of events aimed at producing
evidence that does not reflect a true account of the facts as witnessed by each individual
investigator.

CONCLUSION
Those in charge of obtaining and collecting evidence should prioritize evidence preservation.
Both pre-collection and post-collection evidence are covered by evidence gathering protocols.
Evidence may be tainted or destroyed if it is not properly kept prior to collection. Evidence may
deteriorate if it is not properly preserved and stored before forensic investigation or testing,
damaging or depreciating it as a source of information.

Those in charge of gathering evidence must be familiar with and use a range of evidence
preservation techniques, depending on the type of evidence. However, some standards apply to
all evidence, such as limiting the number of people who can handle it, using safeguards to
prevent contamination, adequate collecting paperwork, acceptable chain-of-evidence
documentation, and evidence storage.
Remembrance of the Crime Scene
A crime scene investigator should photograph the crime scene to preserve its appearance as well
as the locations of key objects in relation to one another. The investigator should photograph the
area from several angles and distances to improve the utility of the images for later evaluation.
He should portray the scenario with a scaled design to give these images more context. He
should also record essential impressions, observations, and measurements of the scene in writing,
including scents, temperature, and humidity, which images cannot capture or preserve.
The definition of "notes taken at the time of an occurrence" is a little misleading and needs to be
clarified. In an ideal world, an investigator would be able to go through an inquiry with an open
notebook in hand, recording every fact and observation as it happened. Of course, the course of
events is fluid and unexpected. In many cases, an investigator must be completely engaged in
efforts to bring a situation under control while also protecting people's lives and safety.

In such instances, an open notebook has no place, and the investigator is plainly not taking any
notes at the time, but will do so once the event has been brought under control, and as soon as it
is practical. Although notes taken at the time are commonly referred to in court, they are actually
notes taken as quickly as possible given the unique circumstances of the occurrence.

The courts recognize the operational dynamics that exist for investigators, and there is
occasionally a question at trial as to when the notes were actually written.

REFERENCES AND RECOMMENDED READINGS


Hawthorne, M R., First Unit Responder: A Guide to Physical Evidence Collection for Patrol
Officers, 1999, CRC Press, Inc., Boca Raton, Florida 33431.

Eliopulos, L.N., Death Investigator’s Handbook: A Field Guide To Crime Scene Processing,


Forensic Evaluations, And Investigative Techniques, 1993, Paladin Press, Boulder, Colorado.

Svenson, A., Wendel, O., Fisher, B.A.J., Techniques of Crime Scene Investigation, 1993,
Elsevier Science Publishing Company, Inc., New York, New York 10017.

U.S. Department of Justice, National Commission on the Future of DNA Evidence, What Every
Law Enforcement Officer Should Know About DNA Evidence, 1999, Washington, D.C.
https://www.ortegalaw.net/the-importance-of-preserving-evidence-in-a-criminal-case/
https://www.relentlessdefense.com/forensics/preserving-collecting-evidence/

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