Chapter 16

The Crime Scene, the

Chain of Custody
Requirement, and the Use
of Fingerprints and Trace
Evidence

The Crime scene

Chain of Custody
Fingerprints and Trace Evidence

Obtaining Evidence From a

Crime Scene

When a crime occurs in a private

premise such as a home, apartment,
office, or factory, law enforcement
officers most often enter with the
consent of family and victims.
Law enforcement officers may stay in
a crime scene for a reasonable
period of time to perform whatever
tasks they are obligated to do.
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What can police search for in premises

where a serious crime has recently
occurred?

The court held in Mincey that law

enforcement officers may make
warrantless entries and searches
when they reasonably believe that a
person within is in need of
immediate aid (emergency
situations)
Law officers may make a prompt
warrantless search of the area to
see if there are other victims or if a
killer is still on the premises
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What can police search for in

premises where a serious crime has
recently occurred? (Cont.)
The

police may seize

any evidence that is in
plain view during the
course of their legitimate
emergency activities

Courts do not require that police have

any specific reason to fear a
particular person remains inside the
premises (e.g., U.S. v. Mata, 5th Cir.
2008).
But a sweep could be justified if it is
known that a large amount of drugs
has just entered the premises.
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Obtaining Scent Evidence from

the Crime Scene

Identification of a suspect may be

made from clothing, blood, or bodily
fluids found, and a tracking dog can be
used to follow the scent of a suspect.
Scent evidence can be used, so a dog
may:

1. Follow the trail of a suspect from the

crime scene
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Using Scent Evidence, cont.

2. Identify suspect in a scent lineup

3. Place a suspect at or near the scene
of the crime
4. Establish probable cause for arrest or
a search warrant
5. Locate missing persons

Protecting and Searching a

Crime Scene

The first officer to arrive at the

scene of the crime automatically
incurs the serious and critical
responsibility of securing the
crime scene from unauthorized
intrusions.
To prove that evidence is genuine
and authentic, and to show that
the object is what is claimed to be,
a witness would have to be able
to:
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Testify about where and how the

object was obtained
Identify the object by a serial
number if a serial number is on the
object
Identify the object based upon
personal knowledge and
observations
If the evidence is not readily
identifiable or is susceptible to
alteration by tampering,
substitution, or contamination, the
party must establish a chain of 10

The Chain of Custody

Requirement

To use physical evidence in a criminal

or civil trail, the party offering the
evidence has the burden of proving
that the evidence is genuine and
authentic.
If the evidence (such as fingerprints or
illegal drugs) could be subject to
alteration by tampering, substitution,
or contamination, a chain of
custody must be shown.
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The Chain of Custody

Requirement (Cont.)
Chain of Custody: all persons who

had possessions of the evidence

must appear as witnesses to testify
that the fingerprints or illegal
drugs had not been tampered with,
substituted, or contaminated while
the witness had custody and
control of the evidence.
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Situations Not Requiring a

Chain of Custody

A chain of custody is not

required if the object to be used
as evidence is not subject to
alteration by tampering,
substitution, or contamination.

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The following cases are

examples:
A

chain of custody is not

required in most shoplifting
cases.
A

pistol was held to be admissible

without showing a chain of custody.
Twenty-two silver dollars stolen from
a pawn shop were admitted for use
in evidence although the victim
couldnt specifically identify them.
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Fingerprints as Evidence

Latent fingerprints: Prints that are

not visible, that are processed and
then taken from a crime scene, can
then be compared with fingerprints
on file in local, state, or FBI files.
Fingerprints are perhaps the most
common form of physical evidence,
and certainly one of the most
valuable. They relate directly to the
ultimate objective of every criminal
investigation: the identification of the
offender.
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Forged Identity

Due to forged identifications, law

enforcement has increased security
in identifying persons using their
fingerprints.
Interpol, in 2008, reported that over
6 million passports have been lost or
stolen in recent years.
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Forged Identity (Cont.)

An equipment innovation in 2008 has

made fingerprint analysis good for
not only identifying a person, but
determining if the person has
touched drugs, explosives, poisons,
or other substances.

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Obtaining Fingerprints

Persons in a lawful police custody

are routinely fingerprinted and
photographed. Persons who have
served in the military have their
fingerprints on file, as do many
government employees and
people who receive licenses for
such occupations as bartending
driving a taxicab, working in
private security, etc.
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Proving That Fingerprints Were

Impressed at the Time of the
Crime

Fingerprints are circumstantial evidence

from which inferences must be drawn.
It is impossible to determine how old a
print is or when it was originally made.
As a general rule, the prosecution must
first introduce fingerprint evidence by use
of an expert witness and show a chain of
custody to prove that the evidence is
authentic, genuine, and has not been
tampered with.
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Proving That Fingerprints Were

Impressed at the Time of the
Crime

To prove that fingerprints

were impressed at the time
of the crime, the following
evidence could be used:

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 Testimony

of the victim or a
witness that the defendant
touched or handled the object
on which the fingerprints were
found.
Testimony that the surface had
been washed or cleaned just
prior to the crime
Fingerprints found in a home or
an area to which the defendant
did not have access to.
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Trace evidence: The smallest

things can make the biggest
difference.
Trace

evidence: most often

applied to minute or
microscopic bits of
materials that are not
immediately apparent to
even a trained
investigator.
22

 Criminal

crosses back
porch, steps on brown
paper bag
Criminal breaks a small
glass pane on the back
door
Struggles with
homeowner
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Obtaining Evidence by the Use

of Tracking Devices

GPS (Global Positioning System) is

being utilized more and more by law
enforcement.
The Federal Rules of Procedures (2006)
include tracking provisions such as:

A federal district court magistrate judge

can issue an installation warrant.
The person or property to be tracked must
be identified.
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Tracking Devices (Cont.)

The courts have also held that the

installation of a device in a public
place does not require a warrant.
A warrant is necessary in a private
place (such as a private garage).

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Examples of Some Other

Types of Evidence
Palm

prints and lip

prints
Footprints and shoe
prints
Bite marks
Tire tracks

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