EVIDENCE COLLECTION

Gather and Preserve Evidence  To show probable cause.  To prove that a crime has been committed.  To strengthen or corroborate a criminal case.

Collecting Evidence (1) Why is gathering crime scene evidence critical?  Arrest decision may depend on evidence.  Future prosecution requires the use of evidence. Page 15

Collecting Evidence (2)  Gather the evidence to make your case  Gather evidence to proceed in court.

 911/emergency dispatch tapes.  Locate and interview ALL potential witnesses.  List names and ages of all children in the home. Collecting Evidence (3) Page 15-16

 Document demeanor of every person interviewed.  Document size/build of victim and suspect.  Check suspect/victim for injuries & photograph.  Match description of the assault to the injuries. Collecting Evidence (4)

Context Assessment Aggressor Identification 1. Context 2. Aggressor 3. Risk Assessment 4. Self Defense 5. Continuing Threat

1. Context Demeanor of Suspect & Victim Scene of the Incident Previous Calls Involving Suspect & Victim/History of this Relationship

2. Aggressor  Body Language  Officer Manipulation  Explanation of the Incident  Check for Wounds

3. Risk Assessment  Weapons Involved/Weapons in the Residence  Victim Pregnant/Children in the Home  Alcohol or Drug Abuse Involved  Animal Abuse  Strangulation Involved

4. Self Defense  Check for Wounds that were made in Self-Defense  Weapons Used in Self-Defense  Where did Incident take place

5. Continuing Threat  Past History  Weapons  Threats/Gestures

Offensive or Defensive?

Collecting Evidence (5)  TAKE PICTURES!!  Diagram the crime scene.  Find out who called for help-get a statement.  Photograph all injuries.  Ask about strangulation.  Statements from previous incidents.  Medical records. Proper investigation in domestic violence cases can be murder prevention!

Collecting Evidence (6)  Survey the Scene. PHOTOGRAPH!  Note what evidence was taken and its location.  Note whether weapons were used and impounded.

Basics of Photographing Evidence (1)  Use photograph log &/or videotape.  Take photographs at different distances.  Use a ruler, pen or other object to show size perspective.  Diagram a scale model of the scene.  Photograph the crime scene, offender, victim, injuries and children.  Take full length and close-up photos of victim and offender. Pages 17-18

Basics of Photographing Evidence (2)  If possible, photograph the victim again in 2-3 days.  Make sure you have adequate lighting  Document in your report what you’re photographing  Digital photos: take lots to get good ones.

Points for Officers to Remember for the Report  Described the visible injuries/photographed clearly?  Taken follow-up photographs 1-3 days after incident?  If an object was used to strangle the victim, was it collected and photographed?  Describe the suspect’s demeanor.

Documentation Important documentation – with or without victim  Statements  Injuries  Damaged Clothing  Weapons  Crime Scene  Photos  Other Information

Types of Wounds (1)  On the victim and offender  Typical assault wounds  Defensive wounds  Offensive wounds Pages 12-13

Types of Wounds (2)  Bruise aging  Documenting after 1-3 days  Multiple wounds over time Old and new wounds, various stages of healing Crescent moon marks (pinching) Circular burn marks (cigars/cigarettes)

Defensive Wounds  Sustained trying to defend themselves.  Can be on the victim or the offender.  Examples: scratches/bite marks on offender.

Offensive Wounds  Sustained when attacked.  On the victim or offender.  Examples: broken noses, stab wounds, black eyes, gunshot wounds, etc.  Examples: gashed knuckles on offender.

Medical Evidence (1)  Medical treatment.  Match injuries to each person’s version of events.  Treated at the scene or taken to the hospital.  Verify EMT’s who responded-obtain run sheet.

Medical Evidence (2)  Record emergency personnel contact info.  Obtain signatures for medical records.  Statements made to medical personnel.

Document Damaged Clothing  On the victim and/or the offender.  Ripped or torn.  Stained (ex. blood, grass, coffee, etc.)  Punctured

Document Weapons Anything used to hurt or scare the victim, which can be:  Fired  Pointed  Thrown  Stabbed  Swung Restraining weapons:  Cord  Tape  Rope  Clothing  Handcuffs  Zip Ties

Documenting the Crime Scene Actual location and adjacent areas:  Overturned furniture  Broken items  Damage to walls, doors, windows  Signs of forced entry  Damage to telephones  Stains  Damage to property outside

Documenting Statements  Interviews with victim, offender & witnesses.  Spontaneous or excited utterances.  Overheard utterances or conversations.  Allegations of the victim, offender, witnesses.  Confessions.  Write down everything precisely as you see and hear it.  Get a Medical Report if available. Page 15

Other Information  History of previous calls to the scene.  Who called law enforcement?  Is there a Order of Protection?  Are the children abused or neglected?  Alcohol use or controlled substances?  Animal abuse issues

“My crazy wife stabbed me!” Handling the Call Scene 15

Evidence-Based Prosecutions  Frustration if the system relies on victim to participate.  Removing victim will take pressure off–case goes forward.  Investigating officer should make case without the victim.  Building a solid case may intervene and prevent murder. Pages 15-20

Additional Evidence in Sexual Abuse Cases  Clothing, towels, sheets, rugs, pillows, bedding, etc.  Other objects used during the assault  Containers which may contain drug facilitated evidence  Photograph all victim injuries  Photograph victim’s personal belongings and crime scene

Evidence Collection Kit In Sexual Abuse Cases (1)  Provide information to the victim about the importance of the evidence that the Kit may provide.  Remember this is a very long and invasive procedure and may be too difficult for the victim to endure.  The Evidence Collection Kit may not be released without the written consent of the survivor.

Evidence Collection Kit In Sexual Abuse Cases (2)  Adult survivor—May sign own written consent  Minor age 13-17— May sign own written consent  Minor age 12 or under—Evidence and information concerning the alleged sexual assault may be released at the written request (410 ILCS 70/6.4)  Evidence collection of minors-assessed at disclosure

Keep in Mind A good investigation is the key to a successful prosecution!

Law Enforcement’s Role in Prosecution  Good working relationship with prosecutor.  Thorough investigation and complete report.  Taking advantage of the ‘window of opportunity’.  Stacking charges.  Testifying at trial, if necessary.  Get good, thorough victim contact info.

Evidence-based Prosecution Law Enforcement Section, pages Write reports and collect evidence as if the victim:  will not testify  will testify against the state’s case.

Search and Seizure U.S. Constitution, Article IV, protects from unreasonable searches and seizures. Officers cannot enter a residence unless:  Invited; or  Have a warrant; or  Have exigent circumstances; or  Plain view.

Acknowledgements Resources provided by: - Lydia Walker, Domestic Violence Trainer/Consultant, “Recognizing Injury, Physical and Sexual Child Abuse”, 1983, Mark Wynn, Wynn Consulting – th Judicial Circuit FVCC Law Enforcement Committee - OVW Rural Grant Committee, 4 th Judicial Circuit

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. “ The original project was supported by Grant # 2008-WR- AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, though the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, or the Illinois Criminal Justice Information Authority.”