PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.1

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.1 Issued Date: Effective Date: Updated Date: SUBJECT: RESPONSIBILITIES AT CRIME SCENES PLEAC POLICY A. It is the responsibility of all Police Department personnel, regardless of their rank or assignment, to protect the scene of a crime. B. Patrol Operations will have the primary responsibility and authority for the protection and security of all crime scenes. C. The agency with investigative jurisdiction will have the primary responsibility and authority for the investigation and examination of all crime scenes. *1 NOTE: Qualified investigative personnel are available on a 24-hour basis. D. Prior to any search for evidence at a crime scene located on private property, the investigative unit supervisor will ensure that a search warrant has been obtained. If any doubt exists; the case will be reviewed with an Assistant District Attorney. E. Only the assigned investigator and personnel from the Crime Scene Unit (CSU) will search a crime scene for evidence and/or contraband. If additional personnel are required, they will be assigned by the investigative unit supervisor. F. The use of privately owned cell phone cameras, cameras, video recorders or any other electronic recorder device to record crime scenes, potential evidence, suspects, offenders or victims while on duty will only be used in exigent circumstances when departmental equipment is unavailable and there is no other means to record the item or event. 1. Use of non-departmental equipment by employees will be documented on the investigation report by the employee. G. Philadelphia Police Officers will adhere to all Commonwealth, Federal Statutory case law provisions in the course of searches and seizures without a warrant. (PLEAC 1.2.3) DIRECTIVE 4.1-1

2 H. Once it has been determined that CSU will process a crime scene, all other evidence processing will stop (i.e. photos, evidence collection) to allow CSU to conduct a forensic processing of the scene. 2. PROCEDURE A. The first police officer on the scene will: 1. Protect the entire scene and summon assistance necessary to perform the remaining duties. NOTE: Establish the perimeter of the scene and mark with crime scene tape. The perimeter must be of sufficient size to allow for proper investigation of the evidence. When in doubt, expand the perimeter. 2. Render first aid to the injured. a. Where there is a possibility of life no matter how slight, have victim/defendant transported to a hospital. Outline body position before removal if possible. (Do not use indelible crayons or markers). 3. If possible, question victim to find out who inflicted injury and what occurred. a. Pay particular attention to dying declarations and record on the crime scene log: 1) Name of victim 2) Date, time, and location 3) Statement of victim - be as precise and accurate as possible 4) Names of all other witnesses to the statement, both police and civilian. 4. Notify Police Radio of conditions and relay "flash" information. 5. Detain all persons found at the scene. a. Record name, address, and phone number of all witnesses. b. Prevent unnecessary conversation among witnesses. 6. Arrest perpetrators found at the scene. a. Suspects will be questioned by personnel from the assigned investigative unit. 7. Prevent anyone from touching or moving any object on the scene. a. A motor vehicle will only be moved if it presents a hazard to public safety. DIRECTIVE 4.1-2

3 b. If any object/vehicle is moved, outline its original position. In addition, record the exact original position and reason for the move. Give this information to the investigative unit supervisor, if present, or to the assigned investigator. NOTE: Under no circumstances should police officers record their name or badge number next to evidence found at a crime scene. 8. Prevent anyone from entering the crime scene except: a. Police officers necessary to safeguard the scene. b. Police officers and/or fire rescue personnel transporting the injured. c. Investigative unit personnel (I.D. card must be displayed on outermost garment.) d. Crime Scene Unit personnel (I.D. card must be displayed on outermost garment.) e. Medical Examiner's Office with proper identification. NOTE: Supervisory and Command personnel not involved in the investigation will remain outside of the crime scene. 9. Maintain a written record using a Crime Scene Log (75-616), recording all actions taken at the scene: a. Completed log(s) will be given to the investigative unit supervisor, if present, or the assigned investigator. NOTE: The Crime Scene Log (75-616) will be maintained until the scene is released. Additional logs may be used, if necessary. B. The district patrol supervisor will: 1. Ensure the guidelines outlined in this directive are followed. 2. Decide what security is needed at the crime scene. a. Determine the number of uniformed personnel required to protect the scene. All excess personnel will be returned to patrol. 3. Question each person present to find out what occurred. 4. Notify the pertinent investigative unit supervisor by telephone and relay all available information concerning the crime. DIRECTIVE 4.1-3

4 5. Ensure that a Crime Scene Log (75-616) is maintained and given to the investigative unit supervisor (if present) or to the assigned investigator. 6. Prevent anyone (police or civilian) from smoking, drinking or eating on the scene. 7. In situations where a police officer has discharged a revolver, personally check the revolvers of all officers present and note the number of spent casings. If any incidents where a police officer has discharged a Glock semi-automatic weapon (absent any exigent circumstances), the officer will be instructed to remove the magazine and replace it with their fully loaded spare magazine, if available. The district patrol supervisor will take possession of the removed magazine and make a note of the remaining rounds (ensure adherence to guidelines outlined in.directive 10.1, Use of Force Involving the Discharge of Firearms. 8. In situations where a police officer has discharged a long gun (shotgun or rifle) the supervisor will: a) Patrol Shotgun inspection: 1) The patrol supervisor will remove the remaining rounds from the magazine, open the action to make the weapon safe and make a note of the remaining rounds. Supervisors, who are not Patrol Shotgun/Patrol Rifle trained, are prohibited from physically handling the weapon (excluding the magazine) during the inspection. b) Patrol Rifle inspection 1) The patrol supervisor will remove the magazine, make the weapon safe, remove the remaining rounds from the magazine and make a note of the remaining rounds. Supervisors, who are not Patrol Shotgun/Patrol Rifle trained, are prohibited from physically handling the weapon (excluding the magazine) during the inspection. C. The assigned investigator will: 1. Keep divisional headquarters and supervisors informed of the progress and status of the investigation. 2. Notify the division supervisor when the services of the Crime Scene Unit (CSU) are needed. Requests for CSU personnel will be made according to Directive 5.24, Crime Scene Unit. a. CSU will respond to the investigation of all scenes related to homicide and police discharges. In these situations, CSU will be dispatched to the scene by Police Radio. DIRECTIVE 4.1-4

5 b. CSU should be requested in any shooting, where the victim has been mortally wounded. c. CSU should be requested for the recovery of evidence that is not within the capabilities of the assigned investigator. NOTE: CSU will not be requested for partial services (i.e. collection without documentation, transportation without collection) or to serve as evidence clerks. CSU when requested for investigative assistance will provide complete and proper crime scene processing, appropriate to the individual crime scene. 3. Question victims, witnesses, and suspects away from the immediate crime scene area. 4. Arrange transportation for victims, witnesses, and suspects to the pertinent investigative division for further questioning. NOTE: Persons not under arrest must consent to be transported to the investigative division in conformance with Police Information Card (75-MISC.-6). To ensure compliance, refer to the procedures set forth in Directive 5.23, Interviews and Interrogations. 5. Call CSU at (215)xxx-xxxx from the scene and provide the information necessary to aid them in the collection of evidence. 6. Personally search the crime scene for evidence and/or contraband. a. A search warrant must be obtained prior to searching or processing a crime scene located on private property owned or occupied by a suspect. b. Only personnel from the Crime Scene Unit may assist in the search. c. No additional personnel will assist in the search, unless they are specifically assigned to do so by the pertinent investigative unit supervisor. 7. Ensure that any evidence/contraband located is properly recorded on a Property Receipt (75-3) in accordance with Directive Property Taken into Custody. 8. Conduct a complete investigation and prepare the required reports. D. Crime Scene Unit personnel will: 1. Consult with the assigned investigator to determine which evidence will require scientific examination. DIRECTIVE 4.1-5

6 2. Collect and submit evidence for analysis, which requires scientific examination. a. Any evidence collected (taken into custody) by non-csu personnel must be submitted to Office of Forensic Science (OFS) or Evidence Intake Unit (EIU) per Directive 12.15, Property Taken into Custody in order to maintain a proper chain of custody. E. The investigative unit supervisor will: 1. When necessary, ensure that a search warrant is obtained prior to a search of a crime scene located on private property. 2. Establish an open telephone line between the crime scene and the investigative unit headquarters. 3. Ensure that all Departmental, Local, State, and Federal agencies are notified (when applicable). 4. Ensure that the crime scene search is conducted properly. Determine if additional personnel are needed to assist the assigned investigator. a. If conditions at the crime scene are unstable, determine whether firearms located at the scene should be immediately removed. Outline original position prior to removal. F. The Evidence Custodian or Office of Forensic Science will: 1. Maintain all evidence removed from the crime scene for narcotics, drugs, poisons, liquors, flammable explosive materials, documents, and perishable material (e.g. blood, urine, food). a. Narcotics, drugs and poisons, after the analysis, will be stored in the appropriate area of the Office of Forensic Science. b. Flammable and explosive materials, after analysis, when no arrest is involved, will be photographed and destroyed at the direction of the Director, OFS after consultation with the Commanding Officer, Bomb Disposal Unit. c. Flammable and explosive materials, after analysis, when an arrest is made, will be photographed. A small sample will be retained and stored at the direction of the Director, OFS after consultation with the Commanding Officer, Bomb Disposal Unit. All empty containers will be forwarded to the Evidence Custodian. d. All perishable materials, after analysis, will be destroyed by the Office of Forensic Science in compliance with any relevant evidence policies. DIRECTIVE 4.1-6

7 e. Documents after examination will be stored in the appropriate area of the Office of Forensic Science. f. Refer to Directive 12.15, Property Taken into Custody for a more detailed description of evidence submission and storage. 3. THE PROPER PROCEDURES FOR HANDLING FIREARMS A. Absent exigent circumstances, evidence firearms that are found at a crime scene will be handled and/or transported only upon the direction of the investigative unit supervisor or the assigned investigator. NOTE: Should exigent circumstances arise where an evidence firearm needs to be moved or recovered for officer safety issues, the recovering officer will maintain custody of the evidence firearm and follow the directions of the investigative unit supervisor or assigned investigator. B. All firearms will be transported to the Detective Division of occurrence for investigation prior to transportation to the OFS/EIU. 1. Any firearm that requires latent print or DNA examinations must be handled in a manner to preserve the integrity of the examinations which will only be conducted by OFS personnel. 2. Firearms found at the scene of a homicide or a sexual offense will be handled by the appropriate investigative unit responsible for the investigation. 3. Evidence firearms will be handled as little as possible, and only for purposes of transporting or unloading (do not unnecessarily work the action, dry fire, etc.). a. Evidence firearms will never be cleaned prior to submission for forensic examination. b. Evidence firearms and ammunition will not be marked in any way prior to submission for forensic examination. c. Evidence Firearms are not to be disassembled before being submitted to the OFS/EIU. d. Evidence Firearms and ammunition will never be wrapped, bagged, or sealed in plastic. Refer to Directive 12.15, Property Taken into Custody for packaging details. DIRECTIVE 4.1-7

8 e. Never insert a foreign object (pencil, pen, paper, etc.) into the firearms operating mechanism in attempting to keep it open. These practices destroy trace evidence and/or damage the mechanical condition of the firearm, which in turn decreases its evidentiary value. f. Evidence firearms that are recovered submerged in water (creek, sewer, etc.) should be submitted to the OFS/EIU submerged in water, inside a suitable watertight container, whenever possible. NOTE: All firearms and firearm magazines will be unloaded prior to submission to the Firearms Identification Unit. EXCEPTION: At the discretion of the assigned investigator, whenever it becomes necessary to an investigation to submit a loaded firearm or firearm magazine to the OFS/EIU, the operating mechanism (e.g. hammer, trigger, cylinder, and bolt) will first be immobilized, then securely wrapped and clearly marked. If a firearm's operating mechanism is frozen or jammed and the firearm cannot be safely unloaded, the operating mechanism will first be immobilized, then securely wrapped and clearly marked. This information will be clearly noted on the Property Receipt. g. Questions pertaining to the proper unloading, handling and/or transportation of a confiscated firearm will be directed to a S.W.A.T. Unit supervisor. RELATED PROCEDURES: Directive 5.23, Interviews and Interrogations Directive 5.24, Directive 10.1, Crime Scene Unit Use of Force Involving the Discharge of Firearms Directive 12.15, Property Taken into Custody BY COMMAND OF THE POLICE COMMISSIONER PLEAC Conforms to the standards according to the Pennsylvania Law Enforcement Accreditation Commission. FOOTNOTES GENERAL # DATE SENT REMARKS * Addition DIRECTIVE 4.1-8

9 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.1 APPENDIX "A" Issued Date: Effective Date: Updated Date: SUBJECT: LATENT IMPRESSION IDENTIFICATION 1. POLICY A. All latent impressions developed and lifted at a crime scene by trained patrol personnel, an authorized technician or the assigned investigator will be submitted to the Office of Forensic Science, Evidence Intake Unit for analysis by the OFS Latent Print Unit. B. In cases not serviced by the Crime Scene Unit, the assigned investigator will search for, develop, and lift latent impressions at crime scenes. C. The OFS Latent Print Unit shall examine, identify, and store all latent prints submitted. 2. PROCEDURE FOR COLLECTION AND SUBMISSION OF LATENT PRINTS AND REQUEST FOR SUPPLIES A. The assigned investigator at a crime scene will: 1. Immediately ascertain if a particular object was touched by the perpetrator(s). 2. Search for, develop, and lift latent impressions found at the crime scene that may have been made by the perpetrator(s). This shall be accomplished in the following manner: a. Develop latent impressions by brushing them lightly with prepared powders contrasting in color with the background of the surface being dusted. b. Lift the powder tracing by applying transparent tape having the adhesive surface over the developed print. Seal the lifted print on a Latent Impression Card (75-542) and complete the information on the card (See Example #1). DIRECTIVE APPENDIX A

10 c. Prepare a Property Receipt (75-3) listing the number of latent lift cards from each location being submitted. Lifts from different locations must be listed as a separate item on the property receipt. Refer to Directive 12.15, Property Taken into Custody for more details about property receipt and evidence submissions. 1) All latent print submissions will be placed on a Property Receipt (75-3). A for latent prints will no longer be accepted. 2) Elimination Prints and Lifts will be packaged separately and submitted on a separate property receipt. 3) All Property Receipts will contain the following: a) Date, time and location of occurrence. b) Detective Division control number. c) Assigned investigators name and payroll number. d) UCR Code. e) List the number of lifts from each location. Each location requires a separate property receipt Example: 14 latent impression cards lifted from various areas (inside) 843 North 8 th Street. Example: 5 latent impression cards lifted from a 1999 Ford Explorer, PA tag #ABC-123, 750 Race Street. f) Name and address of complainant. NOTE: All personnel will ensure that latent print impression cards are accurately and completely filled out prior to submission 4) All evidence will continue to be submitted and packaged under the proper seal, labeled with the DC#, the number of items enclosed and the name of the assigned investigator. 5) The completed property receipt is to be attached to the evidence or elimination print package using a paperclip or rubber band. NO staples will be used. 6) A copy of the computer entry needs to be attached to the property receipt upon submission. DIRECTIVE APPENDIX A

11 3. If, during the search of the crime scene, objects are encountered that may contain latent impressions, and these objects require special processing (documents that require the magna brush or chemical processing; the items will be transported to the Crime Scene Unit for processing. 4. Whenever practicable, obtain known reference impressions of both hands (ten fingers and palms) of persons known or suspected to have been at the crime scene. a. Each set of known reference impressions are to be listed on a separate property receipt (75-3). Have the person from whom the impressions were obtained sign the Latent Impression Card (75-542) in the Location block or From Where Lifted block. Submit these impressions along with latent lifts obtained from the crime scene. 5. Request latent print checks by completing a request for Latent Check Form (75-153). List all suspects by Philadelphia Identification Number in numerical order (see Example 2). Latent evidence will be submitted to OFS/EIU and will only be examined by a qualified forensic latent print examiner. 6. When latent impressions are lifted and submitted include this information under the Action Taken section of the Investigation Report (75-49/52). Include negative searches under this section of the Investigation Report (75-49/52). a. Include the number of latent lift cards submitted and a brief description of the circumstances connected with the collection of the lifts. B. The assigned technician(s) of the Crime Scene Unit (CSU) will: 1. Ensure the procedures outlined in Directive 5.24, Crime Scene Unit for the collection and preservation of evidence are followed. 2. Follow existing procedures established within the Crime Scene Unit, and upon completion of examinations, submit all identifiable latent lifts to Latent Print Unit. 3. Upon request of investigating agency, CSU will submit any identifiable suspect reference print information to Latent Print Unit for comparisons. 4. Coordinate all information available concerning latent lifts with the Latent Print Unit. C. Forensic Examiners of the Latent Print Section will: 1. Receive evidence, perform analyses, and issue reports in compliance with all appropriate Office of Forensic Science policies and procedures. DIRECTIVE APPENDIX A

12 D. The ranking officer on duty in the OFS, Crime Scene Unit, upon notification from an examiner of the Latent Print Unit that identification has been made on latent impressions submitted by an outside law enforcement agency will: 1. If subject has a criminal record with Philadelphia Police Department, ascertain if subject is wanted by the Philadelphia Police Department by making an inquiry with P.C.I.C. and N.C.I.C. 2. If subject is wanted by the Philadelphia Police Department, notify the district/unit that entered the wanted persons and coordinate the apprehension with the outside law enforcement agency. NOTE: If subject is in custody of the outside law enforcement agency and is wanted by the Philadelphia Police Department, ensure that the warrant is lodged as a detainer, and the proper procedures are followed to ensure the subject's arraignment. E. Commanding Officers of investigating divisions/units shall ensure sufficient supplies are available for the processing of latent lifts. Supplies can be obtained from the Police Warehouse, 660 East Erie Avenue, by submitting Material Issue Slip (71-S-91). BY COMMAND OF THE POLICE COMMISSIONER PLEAC Conforms to the standards according to the Pennsylvania Law Enforcement Accreditation Commission. DIRECTIVE APPENDIX A

13 EXAMPLE #1 1.ADDRESS 4. L P S NO. 5. ITEM NO. 6. D C NO. 7. UNIT SUBMITTING. 2. LOCATION 8. LIFTED BY (Rank, Name, Badge, Unit) 9. DATE LIFTED 10. TIME LIFTED 3. FROM WHERE LIFTED 11. IDENTIFIED AS (COMPLETED BY LPU PERSONNEL ONLY) (Rev. 4/10) PLACE IMPRESSION ON REVERSE SIDE LATENT IMPRESSION CARD 1.ADDRESS 4. L P S NO. 5. ITEM NO. 6. D C NO. 7. UNIT SUBMIT. 2. LOCATION 8. LIFTED BY (Rank, Name, Badge, Unit) 9. DATE LIFTED 10. TIME LIFTED 3. FROM WHERE LIFTED 11. IDENTIFIED AS (COMPLETED BY LPU PERSONNEL ONLY) (Rev. 4/10) PLACE IMPRESSION ON REVERSE SIDE LATENT IMPRESSION CARD DIRECTIVE APPENDIX A

14 EXPLANATION OF LATENT IMPRESSION CARD (IMPRESSION TO BE PLACED ON BLANK SIDE OF CARD) LATENT IMPRESSION CARD (FORM ) INSTRUCTIONS Address: Identify geographical area, street name, number, apartment number, etc. 2. Location: Specific area in relation to address (kitchen, second floor front bedroom, driveway in the rear, etc.) 3. From Where Lifted: Identify surface and object from which developed latent impression was lifted (drinking glass from the north end of table, lamp on bureau, etc.). 4. L.P.S. Number: Latent Print Section file number. To be completed by the Latent Print Section. 5. Item Number: All lifts submitted are to be numbered by the assigned investigator in numerical sequence. The last number must agree with the total lifts submitted on Property Receipt. 6. District Complaint Number: District Complaint Number (DC#) prefixed by year and district of occurrence. 7. Unit Submitting: Identify Unit submitting lift. (e.g., East Detective Division). 8. Lifted By: Rank, Name, Badge Number and Unit of Assignment of person making the lift. 9. Date Lifted: Date the impression was lifted. 10. Time Lifted: Time impression was lifted. 11. Identified As: To be completed by the Latent Print Section when the latent impression has been identified. To be signed by the person from whom elimination prints are obtained. DIRECTIVE APPENDIX A

15 EXAMPLE #2 REQUEST FOR EXTRACT OF CRIMINAL RECORD, PHOTOCOPY PHOTOGRAPH, LATENT F.P. CHECK (FORM ) DIRECTIVE APPENDIX A