Essentials of Fire Fighting , 5 th Edition

Essentials of Fire Fighting, 5th Edition Chapter 18 — Protecting Fire Scene Evidence Firefighter II

Chapter 18 Lesson Goal • After completing this lesson, the student shall be able to assist in the investigation of a suspicious fire and protect and preserve evidence after a fire following the policies and procedures set forth by the authority having jurisdiction (AHJ). Firefighter II

Specific Objectives 1. Discuss the roles of firefighters and investigators at investigations. 2. Summarize important observations to be made en route, after arriving at the scene, and during fire fighting operations. 3. Discuss firefighter conduct and statements at the scene. (Continued) Firefighter II

Specific Objectives 4. Explain firefighter responsibilities after the fire. 5. Explain how legal considerations affect firefighters during operations that may involve incendiary evidence. (Continued) Firefighter II

Specific Objectives 6. Discuss protecting and preserving evidence. 7. Protect evidence of fire cause and origin. (Skill Sheet 18-II-1) Firefighter II

Roles at an Investigation: General Considerations • Determining the cause of a fire may only require the expertise of the emergency responders on scene (Continued) Firefighter II

Roles at an Investigation: General Considerations • More complex fire incidents or possible crime scenes often require assistance of law enforcement personnel and qualified fire investigators Courtesy of Sheldon Levi, IFPA. (Continued) Firefighter II

Roles at an Investigation: General Considerations • Guidelines for initiating steps vary among jurisdictions and the nature of the incident • Firefighters must be aware of the guidelines and/or regulations in their areas Firefighter II

Roles at an Investigation: Firefighter Responsibilities • In most jurisdictions, fire chief has the legal responsibility for determining the cause and origin • Fire chief delegates this authority to fire officers and firefighters at the scene (Continued) Firefighter II

Roles at an Investigation: Firefighter Responsibilities • Proper training enables firefighters to recognize and collect important information • First-arriving firefighters can observe unusual conditions that may indicate an incendiary fire Firefighter II

Roles at an Investigation: Investigator Responsibilities • Fire marshals or others may be responsible for conducting investigations beyond the determination of fire origin and cause (Continued) Firefighter II

Roles at an Investigation: Investigator Responsibilities • Fire investigators may also be sworn peace officers • Firefighters may be questioned by an investigator or asked to assist in an investigation (Continued) Firefighter II

Roles at an Investigation: Investigator Responsibilities • Some fire departments have special fire investigation or arson squads • Arson investigation • Police department • State fire marshal or some other state agency • Private companies may conduct separate investigations (Continued) Firefighter II

Observations En Route • Time of day • Weather and natural hazards • Barriers • People leaving the scene Firefighter II

Observations Upon Arrival • Time of arrival and extent of fire • Wind direction and velocity • Doors or windows locked or unlocked • Location of the fire (Continued) Firefighter II

Observations Upon Arrival • Containers or cans • Burglary tools • Familiar faces Firefighter II

Observations During Fire Fighting Operations • Unusual odors • Abnormal behavior of fire when water is applied • Obstacles hindering fire fighting (Continued) Firefighter II

Observations During Fire Fighting Operations • Incendiary devices • Trailers • Structural alterations • Fire patterns (Continued) Firefighter II

Observations During Fire Fighting Operations • Heat intensity • Availability of documents • Fire detection and protection systems • Intrusion alarms • Location of fire (Continued) Firefighter II

Observations During Fire Fighting Operations • Personal possessions • Household items • Equipment or inventory • Business records Firefighter II

Conduct and Statements at the Scene • Firefighters should obtain as much information as possible • Owners or occupants of the property should be allowed to talk freely (Continued) Firefighter II

Conduct and Statements at the Scene • Firefighters should not attempt to interrogate a potential arson suspect unless trained and authorized • Firefighters should refrain from expressing personal opinions (Continued) Firefighter II

Conduct and Statements at the Scene • After the investigator arrives, firefighters should make statements only to this individual (Continued) Firefighter II

Conduct and Statements at the Scene • Public statement regarding fire cause should be made only after • The investigator and ranking fire officer have agreed to its accuracy and validity • Have given permission for it to be released Firefighter II

Responsibilities After the Fire • Firefighters should report their observations to their supervisor • Firefighters should not discuss their observations with other crew members • Improperly done overhaul operations can be detrimental to the investigation Firefighter II

Securing the Fire Scene • Fire department has the authority to deny access to any building • During fire fighting operations • For a reasonable length of time after fire suppression is terminated (Continued) Firefighter II

Securing the Fire Scene • If an investigator is not immediately available, the fire department or other lawful authority should keep control of the premises until all evidence has been collected (Continued) Firefighter II

Securing the Fire Scene • Once all fire personnel leave the scene, a search warrant or written consent to search will be required to reenter the premises (Continued) Firefighter II

Securing the Fire Scene • Fire personnel should not allow anyone to enter a fire scene without the investigator’s permission • The premises can be secured and protected in several ways (Continued) Firefighter II

Securing the Fire Scene • Cordoning can be accomplished with rope or specially designed fire and police line tape Firefighter II

Legal Considerations • Legal cases • Firefighters may remain on location as long as necessary, but once they leave they may be required to get a search warrant • Based on the case of Michigan vs. Tyler • U.S. Supreme Court findings (Continued) Firefighter II

Legal Considerations • Impact on firefighters • If there is incendiary evidence, fire department should leave at least one person on premises until an investigator arrives • To leave the premises, return later without a search warrant, and make a search might have negative consequences (Continued) Firefighter II

Legal Considerations • Impact on firefighters (cont.) • Each department must comply with the legal opinions that affect its jurisdiction Firefighter II

Protecting and Preserving Evidence • Protect evidence by keeping it untouched and undisturbed until an investigator arrives • Do not gather or handle evidence unless it is absolutely necessary in order to preserve it (Continued) Firefighter II

Protecting and Preserving Evidence • If firefighters handle or procure evidence, they then become a link in the chain of custody for that evidence • Evidence must remain undisturbed except when absolutely necessary for the extinguishment of the fire (Continued) Firefighter II

Protecting and Preserving Evidence • Firefighters must avoid trampling over possible evidence and obliterating it • The same precaution applied to the excessive use of water may help avoid similar unsatisfactory results (Continued) Firefighter II

Protecting and Preserving Evidence • Human footprints and tire marks must be protected; use cardboard boxes (Continued) Firefighter II

Protecting and Preserving Evidence • Protect completely or partially burned papers found in a furnace, stove, or fireplace by immediately closing dampers and other openings • Leave charred documents found in containers (Continued) Firefighter II

After Evidence Has Been Collected • After evidence has been properly collected by an investigator, debris may be removed • Remove charred materials to prevent the possibility of rekindle and to help reduce smoke damage (Continued) Firefighter II

After Evidence Has Been Collected • Unburned materials can be separated from the debris and cleaned Firefighter II

Summary • Before an investigation into the origin and cause of a fire can be conducted, there must be evidence to evaluate. (Continued) Firefighter II

Summary • As a firefighter, one of the most important responsibilities is to avoid disturbing or destroying evidence while fighting the fire. In the area of origin appropriate caution must be used when spraying water, moving debris, and even walking around. (Continued) Firefighter II

Summary • Once the area of origin is known, a more thorough investigation can be conducted to determine the exact cause of the fire. (Continued) Firefighter II

Summary • As a firefighter, it may be necessary to determine the cause of the fire; more likely, firefighters may be assigned to assist their supervisor or a fire investigator in making that determination. (Continued) Firefighter II

Summary • If the fire origin and cause investigation reveals evidence of arson, the property becomes a crime scene and must be treated as one. Firefighters must cooperate fully with whoever is assigned to investigate the crime. Firefighter II

Review Questions 1. What individuals may have responsibilities in a fire investigation? 2. What are some observations that may indicate a fire was incendiary? 3. What is one way that a fire scene can be secured? (Continued) Firefighter II

Review Questions 4. Why should the fire department leave at least one person on the premises of a scene until the investigator arrives? 5. What are ways that evidence can be protected? Firefighter II

Essentials of Fire Fighting , 5 th Edition