Evidence Collection, Tagging, and Storage

Evidence Collection, Tagging, and Storage
Display slide. Say “Welcome to the Evidence Collection, Tagging, and Storage session of the CLEAR Learning NCIT Basic course.” Introduce yourself, including a brief overview of your credentials and history with CLEAR. National Certified Investigator & Inspector Training Basic Program Instructor Name Agency

Session Introduction Display slide.
Explain that we will first review the session learning objectives and session structure.

Learning Objectives Upon completion of the session, you will be able to: Identify the proper techniques for gathering evidence in different types of investigations. Identify the proper methods for maintaining the chain of custody. Display slide. Explain the learning objectives on the screen. Ask if there are any questions.

Session Map Exercise Collection, Tagging, and Storage
Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Display slide. Explain that there are four lessons within the Evidence Collection, Tagging, and Storage session that will be demonstrated today. Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Ask if there are any questions.

Introduction to Evidence Collection
Display slide. Explain that the first section provides an introduction to evidence collection.

Introduction to Evidence Collection
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises The investigator’s job is to collect and maintain all of the possibly relevant evidence to ensure that it is available and in proper condition if it is needed for a hearing Display slide. Explain The primary focus of an investigator in the field should not necessarily be on whether or not evidence will be useful at trial. He or she should first be concerned with getting all the possibly relevant evidence and not rendering it unavailable by failing to obtain it or useless by mishandling or mismanaging it.

Obtaining Evidence Display slide.
Explain that the second section covers obtaining evidence.

Planning Evidence Collection
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Identify possible sources Identify possible types/forms of evidence Anticipate problems in obtaining evidence Anticipate problems in maintaining evidence Agency procedures Display slide. Explain that before collecting evidence you must have a plan in place as to how you will collect evidence, an idea of what evidence to look for, and how to recognize evidence when it is presented. There are five main things to consider when creating an evidence collection plan. Identifying possible sources Identifying possible types/forms of evidence Anticipating possible problems in obtaining evidence Availability Originals Anticipating possible problems in maintaining evidence Having, reviewing and following written agency procedures for evidence collection and retention.

Possible Sources Searches Behavior Generated Evidence
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Searches Behavior Generated Evidence Surveillance/Undercover Operation Individuals, Business or Government Databases Scientific Evidence Demonstrative Evidence Commonly Forgotten Sources Display slide. Explain there are many possible sources of evidence. The following sources will be reviewed in this section. Scene/premise searches Behavior generated evidence Surveillance/undercover operation Individuals, business or government Data bases (subject to privacy rights) Scientific Evidence i.e. lab samples, test results Demonstrative evidence Commonly forgotten sources

Searches Legally authorized Planned Controlled Methodical Detailed
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Legally authorized Planned Controlled Methodical Detailed Documented Display slide. Explain when conducting a search, keep in mind that the search must be: Legally authorized Search warrant based on probable cause Planned Know what you are looking for, where you are going to search and how you wish to do so Controlled Methodical Create a plan that allows you to ensure you have covered all possible locations of evidence Detailed Leave no stone unturned. Documented Keep meticulous records of all information and evidence uncovered. Include for example: Where it was located How it was discovered Who was involved with discovery In what condition was evidence discovered

Behavior Generated Evidence
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Putting yourself in the shoes of the alleged wrongdoer Reconstruction of the situation or event Pay close attention to what you touch, look at or would think could be used to conceal your actions Display slide. Explain the information provided on the slide.

Surveillance Undercover/covert vs. Overt Planning is critical
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Undercover/covert vs. Overt Planning is critical Duration- what is the objective? Use of electronics Display slide. Explain the information provided on the slide.

Individuals, Business or Government
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Consider who to interview and how they are related to the event Be aware of issues of credibility, hostility, bias and personal interest Collect written statements from witnesses whenever possible Display slide. Explain the information provided on the slide. Think about who the witnesses and businesses have talked to, in order to find other witnesses and check for bias and interest. Written statements lock down the testimony provided by witnesses, which allows you to catch changes in testimony over time. As an investigator, you want to lock down the original recollection of the witness as close to the time of the event as possible.

Databases Increasing reliance on computers for data storage
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Increasing reliance on computers for data storage Technical assistance can be required to extract information Be aware of agency policies related to electronic media and communications Many policies are not keeping up with and social media Display slide. Explain the information provided on the slide. Document retention is a bit of a misnomer. When we talk about document retention we are actually talking about when and how to destroy documentation. Retention referring to how long it needs to be kept before being destroyed.

Scientific Evidence Laboratory samples and test results
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Laboratory samples and test results Investigators must collect samples in such a way that they can be tested and presented at hearing Ensure you have access to a lab that can run the required tests Display slide. Explain the information provided on the slide.

Demonstrative Evidence
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Evidence that supports testimony and makes facts more understandable – i.e. photos, maps, recreations Photographs: One person photographing General to specific Record date and time Photograph everything Use measuring scale Consistent technique Display slide. Explain the information provided on the slide. When using a digital camera, make sure to check the date and time stamp settings on the camera before each and every use. If the stamp is wrong, any photographic evidence collected may be deemed inadmissible due to inaccuracies in the data. Don’t use your personal property to compile evidence. If you use your personal phone to take pictures or record any evidence for a case, it can be subpoenaed and you will have to surrender your phone until the case has run its course.

Commonly Forgotten Sources
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Files, diaries, telephone bills, credit card purchases, evaluations, weather service Security equipment or personnel Telephones and answering machines or services Calendars or appointment books Display slide. Explain the information provided on the slide.

Electronic Communication and Electronically Stored Records
Display slide. Explain computer-based communication has had a significant impact on how commerce works in today’s world including how professionals and other businesses interact with customers and clients and each other. There is a need to consider the availability and usefulness of electronic communications for investigative purposes.

Electronic Communications
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Electronic mail Text messaging Instant messaging Social media Display slide. Ask the class if anyone is unfamiliar with any of the four types of electronic communications listed on the slide. If so, use the information below to explain. If not, you may proceed to the next slide. Explain the details, and specific uses of the electronic communication media listed on the slide. Electronic mail Allows individuals to compose, send, store, and receive messages over electronic communication systems.. A series of s that are linked together by responses and forwarding creates an " string," which may be treated as a single document. Text messaging Also referred to also SMS or short message service Text messaging is an electronic message sent over a cellular network from one cell phone to another Including spaces, text messages typically cannot exceed 160 characters. As a result, over years of usage a texting vocabulary has developed. TTYL, LOL, CU L8R Instant messaging Instant messaging allows the user to privately communicate with another individual in real time over the Internet. Social media Collectively, social media consists of various online technology tools that enable people to communicate easily via the internet to share information and resources. Social media originated as a personal tool that people used to interact with friends and family but have been adopted by businesses wanting to take advantage of a popular new communication method. Today many people use social media to reach out to customers, attract business leads, and as a tool for professional networking.

Electronically Stored Records
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Consists of information created, manipulated, communicated and stored in a digital form Typical electronic records Stored on various media Present opportunities and challenges to investigators Display slide. Explain Electronically stored records consist of information created, manipulated, communicated, and stored in a digital form, and requiring the use of computer hardware and software. Electronically stored records and other information may be found in, among other things: s Voic s Instant Messages Text Messages Documents Spreadsheets Databases Digital Images It can be stored in various types of electronic media including: Hard drives Thumb drives Computers Handheld devices An expanding segment of the business community store records and other information electronically. Electronically stored records present both opportunities and challenges to the investigator. It may be easier to retrieve and review digitized records and information; however, the ease with which electronically stored records may be generated, stored, altered, transmitted, and destroyed may serve to complicate things.

Issues Associated with Electronically Stored Records
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Policies and procedures for paperless records Social media as an information source Using social media in investigations Display slide. Explain the three main issues associated with electronically stored records. Agency policies and procedures to address paperless record keeping by licensees. Use of social media as an information source. Should social media play a role in the conduct of agency investigations?

Maintaining Evidence Display slide.
Explain that the second section covers maintaining evidence.

Preserving Identity Marking Tagging Sealing and Labeling
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Marking Tagging Sealing and Labeling Identification Display slide. Explain the importance of preserving the identity of evidence. In order to maintain the chain of custody and validity of your evidence you must: Mark, where possible, without affecting the evidentiary value of your evidence. Tag when marking is not practical Seal and Label when marking or tagging is not practical Include information identifying person(s) who obtained the evidence.

Preserving Evidence Adequate Control Security Measures
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Adequate Control Get to secured area ASAP through as few people as possible Ensure tight security Maintain suitable environment Avoid alteration Security Measures Display slide. Explain: Adequate control Get to secured area/room as quickly as possible, through as few people as possible Ensure tight security Accurately log: Every time accessed Every time released Show when, and by whom, and for what purpose evidence was accessed and, when removed, time removed and time returned Limited/strict controlled access Use secured room/locker Allow access or release only as clearly necessary Maintain suitable environment To prevent deterioration or destruction Appropriate to the type of evidence Avoid alteration Security Measures

Consequences of Poor Procedure or Practice
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Unavailable Evidence Unauthenticated Evidence Damaged Evidence Display slide. Explain that there are severe consequences of poor evidence handling procedure and/or practice. If the appropriate procedures are not followed, or in place, evidence could be deemed inadmissible in a hearing, and your case could be thrown out. The three main consequences of poor procedure or practice are unavailable evidence, unauthenticated evidence, and damaged evidence. Unavailable evidence Never obtained Lost Destroyed Unauthenticated evidence Source Handling after investigator/agency obtains the evidence Evidence damaged in a material respect Altered Deteriorated

Disposition of Unneeded Evidence
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Is the case closed? Are there other related cases? Return evidence, if permitted Display slide. Explain that there are three main things to consider before destroying evidence that is believed to be no longer needed. Make sure your case is truly closed Make sure no other case is pending or may be filed for which the evidence is/may be necessary Return any evidence that may still be needed or wanted by the person or entity that furnished it Once you have determined that the case is fully closed, there are no other related cases that may need your evidence, and that the evidence does not need to be returned to any party, you may dispose of the evidence appropriately.

Practical Exercises Display slide.
Explain that we will now review four case studies in order to practice the skills you have just learned

Case Study #1: Missing Narcotics
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Case Study #1: Missing Narcotics Display slide.

Case Study # 1: Missing Narcotics
Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest It is 10:00 a.m. on Monday. You receive a message from an intake officer in the Enforcement division The Director of Nursing for Sunny Day Nursing Home, states that: She has discovered four 50 mg vials of narcotics missing from the facility's narcotics cabinet. A fifth vial, which appeared to have been tampered with, remained in the cabinet. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the following two slides will allow you to keep the first two bullet points on the screen, while displaying the additional information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest It is 10:00 a.m. on Monday. You receive a message from an intake officer in the Enforcement division The Director of Nursing for Sunny Day Nursing Home, states that: For the last two weeks they have suspected Paula Gethi, a registered nurse, and had been watching her Approximately one week ago a used needle was found under a resident's bed. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the slides before and after this one will allow you to keep the first two bullet points on the screen, while displaying the additional information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest It is 10:00 a.m. on Monday. You receive a message from an intake officer in the Enforcement division The Director of Nursing for Sunny Day Nursing Home, states that: The resident was under no physician's orders which required injection medicines at that time. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the previous two slides will allow you to keep the first two bullet points on the screen, while displaying the additional information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Additional Information: Paula Gethi works on the 3:00 a.m. to 11:00 a.m. shift Taking a controlled substance without proper prescription is a class three (3) misdemeanor Punishable by up to six months in jail and a fine up to $1,000. Display slide. Review the information provided on the slide.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Who will you want to interview? In what order? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key: Paula Gethi You may want to talk to her before she leaves her shift as you may be able to observe her "under the influence". The issue to emphasize is whether the investigator would determine to quickly go to the site to interview Paula. There may be some discussion regarding whether you want to talk to Paula first or develop other information before interviewing her so that you may be more prepared. The Director – while she is a primary source, the investigator should beware. She is also a licensee and may have an ownership interest in the facility. As a licensee she likely has some responsibility to report conduct and disciplinary actions and it appears that she has not done so in a timely manner. As a part owner she may have some concerns relative to civil liability. The relatives of the resident(s) may seek compensation citing negligence. In addition, reports of inferior care or problematic staff may cause caretakers to move patients to other facilities thus adversely affecting Sunny Day Nursing Home's bottom line. There is a motive for the Director to steer the investigation so that it will focus on Paula. Any information that is provided by the Director and other members of the administration should be corroborated or checked for accuracy. The person who found the needle under the bed. The patient(s) who were on the rounds and supposed to receive the pain medication The collective "they" who "had been watching Paula" for a while. How were they watching her, what for, what did they determine, etc.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Do you anticipate any obstacles in obtaining statements from the individuals you want to interview? Which interviewees and what obstacles? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key There may be some obstacles related to obtaining a statement from Paula. She may be more concerned about the possible criminal violations and may therefore invoke her right to remain silent even though you as the investigator are not a police officer investigating a crime. The Director may also have some difficulty based on the regulatory and civil issues related to her lack of action. Also remember the motive for directing the investigation away from the nursing home and toward Paula as the only bad actor in this matter. There may be some difficulty getting statements from the patients depending on their mental capacities. Getting medical information should be relatively easy if the investigator secures the required waivers prior to requesting the information from any treating medical professionals. Again, depending on the mental state of the individual patients and whether permission may have to be secured from a relative or other individual holding a power of attorney, which may add logistical problems. Some discussion may be generated regarding the process for securing releases/waivers and for dealing with caretakers. The respondent or other employees may have a union representative present. Or the Risk Manager of the facility may be present and try to steer the investigation.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest List the evidence you will want to retrieve Example: classification and form Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key Interview Co-workers in re Paula's physical and mental state while working, what happened on the day in question (Classification-Direct; Form-Testimonial) Note: may be an issue connected with having lay witnesses provide information on physical or mental state especially if the information provided by the witness is a conclusion. May need to have the witness explain in detail. Example: if the witness says "Paula seemed to be distraught" the investigator should follow up with questions getting the witness to explain what he means. Interview Sally Enchargee (Classification-Direct; Form-Testimonial) Interview Paula Gethi (Classification-Direct; Form-Testimonial) Interview Residents/Patients (Classification-Direct and Circumstantial; Form-Testimonial) Interview relevant health care professions (Classification-Direct and Circumstantial; Form-Testimonial and Real) Retrieve or review medication log, access roster and access policy (Classification-Direct and Circumstantial; Form-Real) Retrieve or review treatment records of individual patients (Classification-Direct and Circumstantial; Form-Real) Retrieve or review Personnel Records- Paula Gethi (previous disciplinary action?/ privacy issue) (Classification-Direct and Circumstantial; Form-Real) Retrieve or review Duty roster or sign in sheet (Classification-Direct and Circumstantial; Form-Real) Retrieve or review the 5th vial (Classification-Direct and Circumstantial; Form-Real) Retrieve or review the old needle found under the bed (issue connected to this item; See question #4 Retrieve or review drug testing results for the respondent(Classification-Direct and Circumstantial; Form-Real) Retrieve or review record of respondent in-house education (Classification- Circumstantial; Form-Real)

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Do you anticipate any problems in the collection and/or preservation of evidence? Which pieces of evidence and what problems? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key There may be some problems associated with the old needle. How long has it been held? Who retrieved it and how are they connected to the case? Could it be related to the substance abuse of another employee or resident? Was it "planted" in an effort to divert attention and focus to Paula? How is the needle connected to this case? Is the investigator capable of having the needle tested to determine what substance it contained and has too much time gone by to effectively test? (Some students may make a case for not taking the needle) There may be some problems associated with collecting and/or preserving the 5th vial containing the narcotics

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What will you do today? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key This goes directly to determining whether it is prudent to go to the site immediately so that the investigator may observe Paula or to treat it as any other investigation. The element of making the intake situation appear to be "time sensitive" is meant to draw out discussion on whether the situation really is time sensitive. The group may determine the needle and vial need to be taken as evidence immediately or they may deem it appropriate to simply ask for it to be secured.

Case Study #2: Inferior Quality of Materials
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Case Study #2: Inferior Quality of Materials Display slide.

Case Study # 2: Inferior Quality of Materials
Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Jane Doe contracted with Joe Builder to have a deck constructed at her home for $2,000. She alleges the Builder told her he would use Grade A lumber for the job because it was of superior quality and less likely to warp after exposure to water and other elements. Doe contracted with Builder and the work was completed. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the following slide will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After approximately three months, she noticed that the boards on the deck began to warp. When she had her son look at the boards, he noticed that several of them were stamped "Grade F" and had numerous knotholes indicative of poor quality lumber. Doe filed a complaint alleging that the contractor did not use the grade of lumber he told her he would use. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the previous slide will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Section Prohibited Acts Any contractor making any misrepresentation or a false promise of a character likely to influence, persuade or induce shall be cause for disciplinary action. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the following two slides will allow you to keep the first two bullet points on the screen, while displaying the additional information regarding the case study, line by line. Advance to the next slide.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What are the elements of a violation of Section ? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key The elements of a violation of Section are as follows: A Contractor (so has to be a licensed contractor) AND Making a misrepresentation (something that was not true) or false promise (stating that he would do something that either he did not intend to do or that cannot be done) AND The character/content of the misrepresentation or false promise must be of a character likely to influence, persuade, or induce

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What evidence will you need? List the evidence and indicate the form (i.e., real, testimonial or demonstrative) Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key Statement from Jane Doe (Testimonial) Statement from the son (Testimonial) Note: determine his level of involvement in the transaction Statement from Joe Builder (Testimonial) Statement from expert or knowledgeable source (building supply company, lumber yard, building inspector, etc.) (Testimonial) Note: Attempt to determine whether there is any difference between "Grade A" lumber and "Grade F" lumber as it relates to construction in general and use for decking in specific. Contract (Real) Note: the fact pattern does not really discuss whether a written contract it entered into. Verbal contracts are still enforceable, however, it becomes much more difficult to determine what the parties agreed to without some form of written memorial. Joe Builder's contractor license card-copy (Real) Photographs of the deck, the questionable wood planks, and the grade stamp (Real and Demonstrative) Building permit and submitted plan from relevant government building authority Inspection history including date of the final inspection An actual piece of lumber from the deck (Real) Invoice of purchase from suppliers and contractors purchase history (Real) The final bill presented to the homeowner by the builder (Real)

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Do you see any difficulties in proving or disproving any of the elements of the regulation? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key Yes. There may be a problem in proving a regulatory violation. Section provides that the misrepresentation or a false promise has to be of a character that is "likely to influence, persuade or induce." From a practical standpoint, this means the representation has to be such that it causes the consumer to select Joe Builder as opposed to another contractor because he represented or promised something that made him more attractive for the job. If there is a written contract and it contains no references to Grade A lumber or any other specific representations or warranties, then there is likely not a violation. When a written contract is entered it is up to both parties to make sure that it contains everything that was discussed prior to signing it. Without specific references to lumber quality the fall back is that the deck will be built in compliance with the minimum standards of the building code. If there is no written contract, it will be difficult to prove or disprove a violation because there is no definitive way to determine what the parties actually agreed to other than a deck would be built.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest How will you go about collecting evidence of damage Doe suffered as a result of the contractor's actions? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key This is a trick question. Damages are not an element of proof for a violation of this regulation. Evidence of damage may still be helpful in determining the gravity of the conduct. If serious injury resulted from clear misconduct or gross negligence or if the costs to the consumer to correct the deck will be an amount over the cost of original construction, a heavier penalty may be justified. Contrast the answer to this question if the regulation read as follows: "Any contractor making any misrepresentation or a false promise of a character likely to influence, persuade or induce and that was relied upon by the consumer to his or her detriment shall be cause for disciplinary action.”

Case Study #3: Identity of Interest
Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Case Study #3: Identity of Interest Display slide.

Case Study # 3: Identity of Interest
Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Homer C. Smith previously owned a company by the name of Homes-R-Us. The State Board revoked the company's license in In 1992, Mr. Smith started a new company, We Build'em, Inc. Mr. Smith filed an application for licensure with the Board for Contractors. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest He contacted the Board and asked whether his present license application would be denied based on the previous revocation. He is informed by the licensing review technician that any previous disciplinary action will be considered by the Board in determining whether the license would be issued. Shortly thereafter, Mr. Smith withdrew the application. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Two weeks later, Robert Smith (Homer Smith's father) applied for a contractor's license for an entity titled Build-A-House, Inc. Robert Smith does not include Homer Smith on the application as having any position with the company. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Robert Smith: Is over 70 years old Was retired until two years ago Receives no salary Does no work for the company Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Homer Smith negotiates and signs contracts on behalf of Build-A-House, Inc. When speaking to customers and while working on construction projects Homer Smith refers to Build-A- House, Inc. as "his company." Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Homer Smith has signed personal guarantees with several local suppliers on behalf of Build-A-House, Inc. The company operates out of the garage of Homer Smith's private residence. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Homer Smith has signed applications for building permits and other construction documents on behalf of Build-A-House, Inc. Presently, he has signed a building permit for a home that is being built for Steve and Marsha Johnson in a subdivision about 10 miles from the city. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Regulation 1.4 The Board may suspend or revoke an existing license of any contractor who is shown to have a substantial identity of interest with a contractor whose license has been previously revoked by the Board. A substantial identity of interest includes but is not limited to (i) a controlling financial interest by the individual or corporate principles of the contractor whose license was revoked or (ii) substantially identical principals or officers. Display slide. Review the information provided on the slide. Instructor Note: The animations used on this, and the accompanying slides will allow you to display the information regarding the case study, line by line. Advance to the next slide.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Is the investigation adversely affected because the complaint was anonymous? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key This question is meant to generate discussion on anonymous complaints. Some jurisdictions will not accept anonymous complaints. There are some drawbacks in this case including the inability of the investigator to interview the complainant to further develop his or her statements made in the complaint. The information supplied in the complaint should be sufficient to initiate an investigation.

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What are the elements of Regulation 1.4? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key The elements of a violation of Regulation 1.4 are as follows: A Contractor (so has to be a licensed contractor) AND Who has a substantial identity of interest (Does not say "identical interest." Also the regulation provides examples of what can constitute "substantial Identity of interest"- (i) a controlling financial interest by the individual or corporate principles of the contractor whose license was revoked or (ii) substantially identical principals or officers. The two examples are not exhaustive; there are more ways to show substantial identity of interest AND With a contractor whose license was previously revoked by the Board

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest List the testimonial evidence you will want to obtain. Classify the evidence as direct or circumstantial. Do you perceive any obstacles to obtaining the evidence? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key Interview Robert Smith to determine his role in the company (Classification-Direct; Form-Testimonial) Obstacles- May be reluctant to provide statement. Interview Homer Smith to determine his role in the company (Classification-Direct; Form-Testimonial) Obstacles- May be reluctant to provide statement. If possible, interview licensing review technician who spoke with Homer (query: how did the anonymous complainant know of the conversation between Homer Smith and the Licensing review technician?) (Classification-Circumstantial; Form-Testimonial) Obstacles- May not be able to recall the conversation; may not be a written record of the conversation. Interview Steve and Marsha Johnson to determine who acted on behalf of the company during the contract negotiations; what statements were made by Homer Smith regarding his position with the company. (Classification-Direct; Form-Testimonial) Obstacles- May be reluctant because they are in the middle of beginning a construction project and will likely be concerned about moving it forward. Any client of the builder will be shocked to hear questioning of their builder and will ask the investigator for advice on what they should do regarding their past, current, or future construction. The investigator needs to be prepared to deal with this. Interview other recent customers of the new corporation. Interview local suppliers who were provided with the personal guarantees by Homer Smith (What did he say regarding his relationship with the company?).

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest List the real evidence you will want to obtain. Classify the evidence as direct or circumstantial Do you perceive any obstacles to obtaining the evidence? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key Copy of corporate entity paperwork of Build-a-House, Inc. filed with the corporation commission. (Classification-Direct; Form-Real) Query- (When incorporated? What type of corporation? Who are the shareholders? Who is listed as the officers or other responsible management personnel?). Copy of the license application for Build-a-House, Inc. and We Build'em, Inc. (Classification-Direct; Form-Real) Query-(Date of application? Who is listed as the officers or other responsible management personnel?) Copy of Final Order revoking license of Homes-R-Us. (Classification-Direct; Form-Real) Copy of the transcript from the formal hearing that resulted in the revocation of Build-a-House Inc.'s license. Classification-Direct; Form-Real) Copy of corporate entity paperwork of Homes-R-Us filed with the corporation commission. (Classification-Direct; Form-Real) Query-(When incorporated? What type of corporation? Who are the shareholders? Who is listed as the officers or other responsible management personnel?) Copy of personal guarantees provided by Homer Smith for Build-a-House, Inc. Classification-Circumstantial; Form-Real). Copy of building permit secured for the Johnson project. (Classification-Direct; Form-Real) Query- (In what capacity did Homer Smith sign the permit applications) Copies of any employment records of Homes-R-Us indicating who the employees are. (Classification-Circumstantial; Form-Real) Query- (How are employees paid? How is Homer Smith paid? Does Robert Smith receive a salary? Why or why not?) Copies of recent contracts signed by Homer Smith on behalf of Homes-R-Us. (Classification-Circumstantial; Form-Real)

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest During the investigation, you interviewed Robert Smith who is listed as the president of the company. He states that Build-A-House, Inc. employs Homer Smith as a construction manager. How would this affect your investigation? Display slide. Ask the questions provided on the screen in order. Instructor Note Only one question is displayed per slide to provide participants with necessary room to brainstorm, and record important points in their participant guides. Answer Key You must determine what a "construction manager" does. Are the duties of the position substantially similar to the duties of a company president or some other responsible management position? Does he have the authority to bind the company to a contractual obligation, to sign on behalf of the company or is his position subservient to other positions? Essentially, does the position allow Homer Smith to "run" the company? You may also want to determine how Homer is paid. Is he salaried or paid hourly? Is he paid daily, weekly, bi-weekly, or monthly? Does the company pay workmen's compensation and/or unemployment insurance for the position?

Session Review Display slide.
Say “We have completely reviewed all topics within the Evidence Collection, Tagging, and Storage session of the NCIT course. We will now review the key concepts of this session.” Instructor Note: There will be no knowledge check for this module due to the extensive case studies completed.

Knowledge Check The best method of identifying evidence is:
Placing all appropriate information on an evidence tag and fastening the tag to the evidence Marking the appropriate identifying information directly on the item Placing the evidence in an appropriate evidence collection container and marking the container Display slide. Say “Let’s go over some key points from this session.” Answer Key: Question One: The best method of identifying evidence is: Answer: B. Marking the appropriate identifying information directly on the item Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

Knowledge Check Which of the following is not a consequence of using poor procedures or practices in regard to maintaining evidence? Evidence being unavailable Evidence being unauthenticated Evidence being distributed Evidence being damaged Display slide. Answer Key: Question Two: Which of the following is not a consequence of using poor procedures or practices in regard to maintaining evidence? Answer: C. Evidence being distributed Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

Learning Objectives Review
You should now be able to: Identify the proper techniques for gathering evidence in different types of investigations. Identify the proper methods for maintaining the chain of custody. Display slide. Review the learning objectives. Ask if there are any questions regarding the objectives displayed.

? Questions Display slide.
Ask if there are any final questions before completing the session.

Session Evaluation Display slide.

In general, this instructor:
Is Unacceptable Needs Improvement Is Good Is Very Good Is Excellent Display slide. Read the title of the slide. Begin the I<Clicker timing for this question. Instruct end users to submit their responses.

The style of delivery: Is Unacceptable Needs Improvement Is Good
Is Very Good Is Excellent Display slide. Read the title of the slide. Begin the I<Clicker timing for this question. Instruct end users to submit their responses.

The content: Is Unacceptable Needs Improvement Is Good Is Very Good
Is Excellent Display slide. Read the title of the slide. Begin the I<Clicker timing for this question. Instruct end users to submit their responses.

The amount of material covered:

The usefulness of this session:

Evidence Collection, Tagging, and Storage

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