Objective E:
Without the use of the course text or class notes, the student will identify specific investigative issues relating to arson.
Investigative issues relating to arson:
Definition
Elements of the crime
The People Involved
Physical Evidence
Motive
Records
Definition -
arson (UCR) -
The unlawful, willful, or malicious burning, or attempted burning of property with or without the intent to defraud.
Example of arson:
Elements of the crime -
- A gang burns down a rival gang's house.
- A business owner, in financial trouble, burns down his business to collect the insurance money.
3 elements of arson
The People Involved -
- A fire or burning occurred in a structure or property protect under law.
- The fire or burning was intentional.
- Someone set the fire, caused it to be set, or otherwise furthered the act.
Potential witnesses and/or suspects.
Who discovered the fire?
When photographing a suspected arson scene, insure that the photographer includes some non-intrusive photos of the crowd that gathers to observe the crime scene. Many suspects return to the scene.
- Firefighters
- Owner or manager of structure
- Employees
- Insurance and financial personnel
- Business competitors
- Spectators at the scene
- Neighbors and tenants
- News media camera technicians
- Fortuitous witness
Physical Evidence -
Purposes of collecting physical evidence at an arson scene
3 components necessary for fire
- to determine where the fire started
- to establish whether the fire was intentionally set, thereby proving an element of the crime
- if the fire was set, to connect the arsonist to the crime scene
The search of a scene suspected to be an arson must be done as soon as the fire is put out.
- fuel
- oxygen
- heat
Gasoline and kerosene are two of the most common accelerants used in arsons. Past experience has shown their residue lingers for a few hours after the fire is put out. Therefore the search must begin immediately
Do you need a search warrant to search an arson scene?
No.
Michigan v. Taylor
The necessity to begin an immediate search to preserve volatile evidence and to prevent the fire from restarting, is sufficient to meet exigency conditions for a warrantless search.
A search of the fire scene normally focuses on finding the fire's point of origin. The point of origin requires a quick and efficient search.
The point of origin can be determined by
Point of Origin (PO) -
- the amount of soot in a room
- discoloration of walls
The point where the fire started.
Three sources of information to determine PO
burn patterns -
- burn patterns
- distorted shapes and other effects of intense heat
- observations of the person who first noticed the fire
distorted shapes and other effects of intense heat -
- pour patterns (patterns from poured accelerant - example p.539, Fig 18.7)
- alligatoring (the blistering effect of wood - useful when there is a flat, baked appearance indicating low intensity heat over a long period of time)
- "V" pattern (the bottom of the "V" of the fire will usually point to where the fire started - example p. 539, Fig 18.8)
- charring (the reaction of wood and allied substances to fire - example p. 540, Fig 18.9)
observations of the person who first noticed the fire -
- light bulbs (melt in the direction of the oncoming fire - examples page 536, Fig 18.4 and 541, Fig 18.10)
- spalling (surface discolorations, chipping, crumbling, flaking, and chalk like appearance to fire - example page 542, Fig 18.11)
- crazing (a pattern or network of lines in glass and ceramic which are frequently the result of rapid intense heat, possibly because of the use of an accelerant)
The person who first noticed the fire should be interviewed about the location first observed, the color of any smoke and/or flame, any unusual odors, and any one observed in the area.
After the point of origin is located, the investigator will want to eliminate accidental causes of the fire.
Example accidental causes:
At the point of origin, the investigator may uncover "tell tale signs" of an arson.
- electrical wiring
- fuses
- stoves
- exhaust flues
- falling asleep while smoking
"Tell tale signs" of an arson
The investigator's search for traces of flammable liquid residues may be aided by the use of a highly sensitive portable vapor detector called a "sniffer." Another approach is to use dogs that have been trained to recognize the odor of hydrocarbon accelerants.
- fuel streamers
- fuel trails
- accelerant containers
- ignition device
Evidence to search for, process, and collect at the point of origin of a fire
Ignition sources -
- Ignition sources
- Accelerants
An investigator should eliminate the possibility of any mechanical (frictional), chemical, or natural ignitions source for the fire before concluding the fire was deliberately set.
Typical Ignition Source Evidence
Accelerants -
- Matches
- Candles
- Cigarettes
- Road Flare
- Trailers
- Firearms
- Ammunition
- Welding striker
- Molotov cocktails
As a matter of course, two to three quarts of ash and soot must be collected at the point of origin of a fire suspected of being an arson. The collection should include all porous materials and other substances likely to contain flammable residue.
- Gasoline
- Kerosene
- Lighter fluids
- Paint thinners
Examples of substances likely to contain flammable residue
When searching for evidence of ignition sources and accelerants, the investigator should dig into the point of origin with a shovel and place the charred debris in a clean sealable paint can and forward to a crime lab for analysis.
- wood flooring
- rugs
- upholstery
- rags
- clothing of the suspect
- containers suitable for arson evidence
- new paint cans with liners
- wide mouthed glass jars with airtight lids
- polyester-pololefin bags (by Kapak Corp.)
It is important to get evidence from a fire scene to a lab as soon as possible because of the possibility of evaporation of the evidence.
Motive -
Possible motives for arson
Records -
- Financial Gain
- Intimidation
- Emotional Reasons
- Concealment of Another Crime
- Recognition as a Hero
- Vandalism
Records that may be checked during an arson investigation
- Police files for known arsonists
- Probation and Parole records for arsonists recently released
- Business license files for owner names
- Insurance Industry Property Loss Register
- Financial Records for the Property Owner
Continue to Goal #7.
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