Investigations: 150 Things You Should Know

Investigations

150 Things You Should Know

Second Edition

Lawrence J. Fennelly, CPOI, CSSI

Marianna A. Perry, M.S., CPP, CPOI

Table of Contents

Cover image

Title page

Copyright

Dedication

Preface

Part 1. The Role of the Investigator

1. Miranda Warning

2. Qualities of the Investigator

3. Investigator Job Description: 32 Discrete Services

4. Basic Duties of the Crime Scene Investigator

5. Responsibilities of Investigators at Crime Scenes

6. The Importance of Effective Report Writing

7. Interviewing and Interrogating

8. Interpreting NonVerbal Communication: Body Language

9. The Art of Investigative Interviewing

10. Investigative Interviewing: Types of Questions

11. Investigative Interviewing: Closed Questions

12. Investigative Interviewing: Open Questions

13. Investigative Interviewing: Types of Open Questions

14. Investigative Interviewing: Question Filter Factors

15. Investigative Interviewing: Tactics When Seeking a Confession

16. Law Enforcement and the Forensic Pathologist

17. Pre-planning Major Case Investigations

18. Phrases and Proper Names You Should Know and Understand

19. Levels of Authority: Security Personnel

20. Private Detectives/Private Investigators, Insurance Investigators, Forensic Science Technicians, Forensic Veterinarians, and Other Law Enforcement Officers

Part 2. The Basics About Evidence

21. Crime Scene Investigator/Evidence Technician’s Kit

22. Definitions and Purpose of Evidence

23. Nature of Physical Evidence

24. Crime Scenes

25. Collect, Identify, and Preserve the Evidence at a Crime Scene

26. Collection and Preservation of Evidence

27. How to Collect, Mark, and Package Physical Evidence

28. Requests for Examination(s) of Evidence

29. Prepare Evidence and Paperwork Necessary for Crime Laboratory Examinations

30. Shipment of Evidence

Part 3. Types of Evidence and Evidence Examination

31. The Rules of Evidence

32. Miscellaneous Evidence Examinations That Can Be Performed at a Laboratory

33. Evidence: Types of Examinations

34. Examinations for Informational Purposes

35. Types of Specialized Assistance and Examinations Available

36. Shoe Print and Tire Tread Impression Evidence

37. Paint Examination Techniques

38. Arson Evidence

39. Preservation of Fire Evidence

40. Handling Procedures for Fire Evidence

41. General Considerations—Fiber Evidence Crime Scene

42. Fiber Evidence and the Wayne Williams Trial

43. Fibers and the Crime Laboratory

44. Hair Evidence

45. How Hair and Fiber Examinations Aid the Investigation

46. Information Determined From Examination of a Hair

47. Information Determined From Fiber Examinations

48. Stolen Vehicle Evidence

49. Clandestine Business Records Analysis

50. Evidence at the Crime Scene of a Bombing

51. Explosive Evidence

52. Toxicology Examinations and Suspected Cases of Poisoning

53. Pharmaceutical and Drug Evidence

54. General Chemical Analysis Examinations

55. Glass Fibers and Fiberglass Insulation Materials Evidence and Collection of Glass Evidence

56. Soils, Dusts, Debris Evidence and the Value of Soil as Evidence

57. Collection of Soil Specimens as Evidence

58. Insulation Evidence From a Safe

59. Building Materials Evidence

60. Evidence From Ores, Minerals, Rock and Ceramics, Abrasive Materials, and Precious Stones

61. Mineralogy Examinations

62. Serology Examinations

63. Information Determinable by Blood Tests

64. Collection, Identification and Wrapping of Bloodstained, and Other Significant Body Fluids Evidence

65. Secretors and Secretor Status

66. DNA Examinations: DNA Testing

67. Collection, Identification, and Packaging of Evidence Stained With Body Fluids

68. The Rape Case—Special Evidence Considerations

69. Types of Firearms Evidence

70. Gunshot Residue Examinations

71. Obtaining Evidence in Tool Mark Cases

72. Tool Mark Identification Evidence

73. Tool Mark Examinations

74. Plastic Cast/Impression of Numbers Stamped in Metal

75. Paints, Plastics, Cosmetics, and Tape Evidence

76. Fluorescent Powders, Dyestuffs, and Other Marking Materials

77. Types of Document Examinations

78. Document Examinations

79. Documentary Evidence

80. Obtaining Known Handwriting Samples

81. Obtaining Known Printer Samples

82. Reference Files of Known Standards

83. Questioned Material Files

84. Photographic Examinations and Bank Robbery Video Footage

85. Impressions in Different Surfaces

86. Impressions on Firm Surfaces

87. Forensic Linguistic Analysis (Authorship/Speaker Identification)

Part 4. Conducting the Investigation

88. Sources of Investigative Information

89. Crime Scene Equipment Checklist 144

90. Investigations: 50 Things You Should Know

91. Hazards and a Crime Scene

92. Surveillance

93. Informants

94. Entrapment

95. Polygraph Examinations

96. Bank Robbery and Bank Security

97. Investigations of Bank Night Depository Trap Devices

98. Definition of Robbery

99. Checklist: Robbery Investigations

100. Cigarette Identification File

101. Firearms Identification

102. Standard Ammunition File

103. Traffic Accident Investigations

104. Hit-and-Run Traffic Accident Investigations

105. Vehicle Searches

106. Vehicle Searches, Inventory, and Impoundment

107. Vehicle Search Checklist

108. Photographs of Fatal Traffic Accidents

109. Computer Fraud and Investigation

110. Definition of Arson

111. Fire Investigations

112. Checklist for Arson Investigations

113. Homicide Investigations: 70 Things You Should Find Out About the Victim

114. Cutting and Stabbing Investigations: Five Things You Should Know

115. Buried Body Cases

116. Death Scene Checklist

117. Radiation Hazards and Radiation Protection During Investigations

118. Radiation Detection Equipment

119. Definition of Burglary

120. Checklist: Burglary

121. Sketching a Crime Scene

122. Crime Scene Floor Plan

123. Bullying in the Workplace: How to Conduct an Investigation

124. Missing and Exploited Children

125. Five Things to Know About Missing Persons Reports

126. Checklist: Pedophile Investigations

127. Internal Theft

128. Digital Photo Array or Mug Book

129. Preventing and Investigating Identity Theft

130. Employee Applications and Background Investigations

131. Checklist: Notification That a Victim Has Been Found

132. The Lucky Investigation

133. The Sloppy Investigation

Part 5. Crime, Investigations, and the Legal System

134. Uniform Crime Reporting

135. Freedom of Information Act

136. The Constitution, the Fourth Amendment

137. The Constitution, the Fifth Amendment

138. The Constitution, the Sixth Amendment

139. The Constitution, the Eighth Amendment

140. The Constitution, the Fourteenth Amendment

141. Warrantless Searches of Persons Incident to Arrest

142. Clearance and Arrest

143. Arrest Tactics

144. Arrest by Private Citizens

145. Arrest and Detention: 21 Things You Should Know

146. The Arraignment

147. The Grand Jury

148. The Burden of Proof at a Criminal Trial

149. Hate Crimes: A Policymaker’s Guide

150. The Real Problems in American Justice

Conclusion

Index

Copyright

Butterworth-Heinemann is an imprint of Elsevier

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Notices

Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary.

Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility.

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ISBN: 978-0-12-809486-0

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Dedication

I wish to dedicate this book to my granddaughters, Maggie Boyce, Abby & Emma Fennelly, and Claire & Megan Fennelly. The future is yours.

Lawrence J. Fennelly

I dedicate this book to the law enforcement officers and security professionals I have worked with throughout the years. I appreciate your camaraderie, support, and friendship.

Marianna A. Perry

Preface

This book is the third in a series of 150 - Books. The first was Physical Security: 150 Things You Should Know, and the second was 150 Things You Need to Know About Security.

You’re probably thinking that it might be difficult to come up with 150 items, but it really was not that hard. We included topics such as a death scene checklist, name of the deceased, drug paraphernalia evidence, deviate sexual practices, hair evidence, latent or patent fingerprints, palm prints, footprints, narcotics, responding officer’s responsibility, hit-and-run traffic accident investigations, collection, identification and packaging of evidence, dyestuffs and silver nitrate, cyber harassment, cyber impersonation, Nigerian 419 scams, romantic scams, private detectives/private investigators, insurance investigators, forensic science technicians, forensic veterinarians and detectives, and other law enforcement officers.

Clearly, we realize that people needed to be educated about good investigative practices, especially on the proper handling of evidence. Types of evidence are changing, and investigative technology is moving us forward at an incredible pace.

When we say, "150 Things You Need to Know," we understand that there are more than 150 things that practitioners need to know and be aware of. This book presents information in an easy-to-read format and covers a variety of topics. Each section of this book was carefully placed for your review. An investigation doesn’t have to be complicated, but it does have to be specific.

For more information on this topic, Gene Ferraro with Forensic Pathways, Inc. has written several excellent books on investigations.

It is our intent to motivate everyone in the security profession to strive for higher levels of awareness and preparedness for the years ahead. This is the responsibility of all of us who are a part of the security profession and who must deal with the questions of where we are leading the discipline and how the role of security will support the organizations of the future.

Lawrence J. Fennelly

Marianna A. Perry

Part 1

The Role of the Investigator

Abstract

An effective investigator must possess certain qualities and be knowledgeable about job duties required for the position. Investigators must be proficient in interviewing and interrogation techniques and also be good communicators—both verbally and in written correspondence, to accurately relay information and document findings and progress during an investigation. Investigators collect information from both witnesses and suspects.

Keywords

Assessment; Botanist; Build and enhance rapport; Cause of death; Circumstantial evidence; Closed questions require only a simple answer; District manager; Diversion questions; Effective investigator; Evaluation; Forensic odonatologist; Forensic pathologist; Forensic science technicians; Forensic veterinarians; Indirect questions; Insurance investigators; Intentional liability/strict; Interviewing and interrogation techniques; Law enforcement officers; Leading questions; Levels of authority; Liability/civil; Liability/gross liability; Liability/vicarious; Maintain a positive attitude; Maintain positive power and control; Miranda Warning; Murder cases; Natural disease; Neutral stance; Observation; Open questions; Pointed questions; Private detectives; Private investigators; Reflective questions; Searches and seizures-fourth amendment; Security managers; Seeking a confession; Self-appraisal questions; Suspect(s); The investigator; The power of security personnel; Verbal communication; Witness(s); Written correspondence

1. Miranda Warning

¹

The wording used when a person is read the Miranda Warning, also known as being Mirandized, is clear and direct:

• "You have the right to remain silent.

• Anything you say can and will be used against you in a court of law.

• You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

• Do you understand the rights I have just read to you?

• With these rights in mind, do you wish to speak to me?"

Those who have police powers and the authority to make an arrest are required to Mirandize a suspect if they intend to interrogate that individual. Generally speaking, a Miranda Warning is usually not necessary from a security officer.

The individual being arrested is still required to answer questions about his or her name, age, address, etc. He or she can also be searched to protect the police officer.

If individuals have been Mirandized and waive their rights, meaning they wish to speak to police freely without an attorney present, they can change their mind at any time and plead the fifth, meaning they no longer wish to answer questions, or that they have changed their mind and wish to have an attorney present.

2. Qualities of the Investigator

²

To the uninitiated, the aspirant, and the distant observer, there is an aura of romanticism surrounding the investigator and his or her work. That illusion is quickly dispelled in the light of reality. The real world of investigative work is difficult, demanding, and rarely glamorous. Occasionally, a case may come along that is exciting or in which the answers come easily, but as a rule an investigation is a tedious, exhausting, frustrating, time-consuming, and sometimes dirty (in the literal sense) process. Invariably, the novice investigator is somewhat dismayed by the difference between his or her preconceptions of the nature of the work and the reality.

Crimes are not solved by ingenious and clever supersleuths but by hard-working men and women who share one common denominator: perseverance. In the words of Samuel Johnson, Great works are performed, not by strength, but perseverance. This investigative virtue is defined as holding to a course of action, belief, or purpose without giving way; steadfastness … continuing strength or patience in dealing with something arduous. It particularly implies withstanding difficulty or resistance in striving for a goal.³

Perseverance is the one overriding human trait or characteristic among the many deemed necessary, or at least highly desirable, for investigative work. What are the others? One authority, Donald Schultz, lists 15 desirable attributes of an investigator. Charles O’Hare boils it down to three: character, judgment, and the ability to deal with people. The familiar green book, Municipal Police Administration, has its own list, including the ability to be deceptive. Collating, modifying, deleting, and adding to the suggestions in these sources, we have identified 22 qualities or characteristics that are necessary for the effective investigator. Invariably, a successful investigator, man or woman, will possess, in varying degrees, each of these traits, either as innate or learned qualities. He or she is:

1. Observant

2. Resourceful

3. Patient

4. People-oriented

5. Endowed with an understanding of human behavior

6. Knowledgeable about legal implications of the work

7. A skilled communicator

8. Receptive

9. Possess a sense of well-being

10. Dedicated to the work

11. A self-starter

12. Skeptical

13. Intuitive

14. Energetic

15. A good actor

16. Capable of sound judgment

17. Logical

18. Intelligent

19. Creatively imaginative

20. Of good character

21. Professional

22. Ethical

3. Investigator Job Description: 32 Discrete Services

⁴

1. Locating bugging or covert listening apparatus

2. Identifying the writers of anonymous letters

3. Investigating the background of companies, job applicants, and prospective business partners

4. Proving fraud

5. Providing advice on business security (security surveys)

6. Tracing business espionage

7. Checking the activities of representatives, mechanics, and drivers

8. Proving and combating blackmail

9. Proving computer fraud/losses

10. Demonstrating infringements of competition conditions

11. Proving breach of contract

12. Investigating theft

13. Investigating fraud

14. Proving infringement of secrecy clauses

15. Due diligence inquiries

16. Proving breaches of patent rights/licenses

17. Investigating internal theft

18. Undertaking cash controls

19. Proving malversations

20. Proving misuse of goods and business data

21. Proving dishonest competition

22. Locating money, goods, and people

23. Providing personal security advice

24. Investigating sabotage

25. Investigating damage claims

26. Investigating bribery

27. Tracing leaks of business information

28. Proving embezzlement

29. Investigating swindles

30. Investigating corruption

31. Investigating absenteeism

32. Investigating other suspicious activity not listed

4. Basic Duties of the Crime Scene Investigator

Evaluate the Crime Scene

Determine what took place and formulate a plan of action relative to priority of tasks to be performed. Begin note-taking of observations upon arrival at the scene.

Photograph the Entire Crime Scene

Include photographs of all evidence that is located. Interior and exterior photos shall be included. All evidence located is to be photographed: one shot with a scale included and one without a scale.

Collection of Fingerprints

The entire crime scene shall be fingerprinted. All smooth surfaces are to be processed using the brush and powder method. All latent fingerprints are to be lifted with fingerprint tape and placed on a white 3  ×  5 card. The cards will be identified by recording the date, time, location, and the crime scene specialist’s initials making the lift. These prints will be maintained by the identification unit in a filing system using a latent investigation number for reference. When a latent print cannot be lifted for any reason, the print will be photographed. Prints that cannot be removed and taken to the Identification Unit will be processed at the scene using ninhydrin or superglue fuming.

Crime Scene Sketch

A Crime Scene Sketch will be prepared at all homicide scenes and all other major cases as deemed necessary. The sketch is to include detailed measurements so that all items at the scene can be placed at their exact location on the sketch. The crime scene sketch shall be drawn to scale, no smaller than 1/4′  =  1′ (one-fourth foot equals one foot).

5. Responsibilities of Investigators at Crime Scenes

The location and collection of crime scene evidence that will place a suspect at the scene of a crime and accurately record such scenes for investigative reconstruction and court presentation are critical.

Investigators are accountable for the identification, collection, and preservation of all evidence found at crime scenes under their investigation. They are also responsible to properly submit such evidence for laboratory analysis and court presentation.

6. The Importance of Effective Report Writing

⁵

There are six key elements of report writing. To accurately articulate your thoughts of a particular event or incident, it is best to ask yourself a set of basic questions that must be answered and are recognized as the essentials of report writing:

• Who (ID)

• What (Violation or Offense)

• When (Time & Date)

• Where (Location)

• Why (Motive)

• How (Method of Operation)

Using the 5C’s in Report Writing

To further create a well-documented and thorough report, it is important to also follow the 5C’s, which work well with the 5W’s and the How.

• Correct—review accuracy of details, plus proper spelling, grammar, and punctuation.

• Clear—choose your words carefully and write legibly so that any reader can easily understand the written message.

• Concise—use the fewest words to say what you need; do not divert off topic and avoid repetition and long, extraneous reports.

• Cohesive—event should logically and chronologically flow from one point to the next and in a direct line of thought.

• Complete—include all relevant information and important details to help ensure the report provides an accurate picture of events.

Writing a report (or a book) is a skill that takes practice. When Larry Fennelly took a creative writing course years ago at Harvard University, the main theme of the class was Description. Description, Description. Report writing is the descriptive telling of a story that is based on the events of the incident.

After you finish telling the story, you can add all of the facts that need to be included in the report that were not brought out in the story. Create a strong beginning and a strong ending in your report and be sure you include the following:

• The chronological order of events, beginning with your dispatch to the scene

• The action of victim(s), suspect(s), and witnesses

• Who else responded to the scene

• What you observed, weather conditions, and type of location (draw a picture)

• Evidence that was collected

• Pictures that were taken

• Statements of the victim(s), suspect(s), and witnesses

• Any additional facts that you feel need to be documented

Conclusion

As you conduct your daily duties, remember that reports are a reflection on you. Reports protect people, property, and officers, so accurate