Preservation of Evidence in Fire Scenes - Literature review Example

2193 Words PRESERVATION OF EVIDENCE IN FIRE SCENES By Student’s Name Course Title and Name Tutor’s Name Institution Name Institution Location Date Preservation of Evidence in Fire Scenes The preservation of evidence in a scene of fire is critical for the determination of the cause of the fire. However, the actions and the tactics that firefighters employ to put out the fire may affect the ability of the fire investigator to determine the cause of the fire. For this reason, everyone at the scene of fire and particularly the firefighters should take measures for the preservation and the protection of the scene of fire that ensures evidence is preserved. Fire officers should have forensic knowledge because firefighting techniques combined with the destructive nature of fire can lead to evidence loss. This paper presents a discussion of how the awareness of forensic and firefighting tactics is crucial for the preservation of evidence at the scene of fire. Responsibilities of a Firefighter at the Scene of Fire The first step towards the preservation of evidence at the scene of fire is to ensure that the firefighter is knowledgeable about his role in ensuring that the evidence is preserved. This is because they are always the first to arrive at the scene as compared to other emergency specialists. According to Schottke et al. (2014, 7-8), firefighters are responsible for observation, recognition, preservation, and the notification of any piece of evidence at the fire scene. Observation: As mentioned above, firefighters are always the first people to arrive at the fire scene. As such, they have the best opportunity to view the fire in its original form as compared to other people. For this reason, firefighters should be observant enough to note everything at the scene including the characteristics of the fire and the fire scene. If the firefighters provide the correct observation, it is easy to identify the location of the evidence in addition to directing efforts to search for particular types of evidence. Recognition: the firefighter should also have knowledge of how to recognize the physical evidence that may be useful for fire investigators. The knowledge will allow the careful execution of the operations for extinguishing the fire. Preservation: firefighters also have the responsibility of preserving all the materials at the scene of the fire until the fire investigators analyses, documents, and collects them. However, if the evidence is procured, the firefighter should accurately document all the incidences and hand them to the investigator. Finally, the firefighter has a duty to notify the person in charge (incident commander) to make sure the appropriate authority tasked with evidence documentation and collection is also notified. Careful observation, recognition, and preservation enable the reconstruction of the scene of fire before the fire occurred. Reconstruction can be done theoretically or physically (International Association of Fire Chiefs (IAFC), 2010, 344) Fire Suppression Tactics and Evidence Preservation The various tactics that fire crews use when fighting fire can cause unnecessary damage to evidence. These include overhaul, salvage, pulling ceilings, collapsing walls, and streaming (straight) hose lines. Other activities such as firefighter access to the fire scene, turning switches and knobs on and off and the utilization of power tools can also contribute to the evidence or contamination of loss. Hose Streams In the majority of fire incidences, hose streams are used in the quenching the fire. Though a good method in the putting out the fire, hose streams particularly straight hose streams applications may result in the destruction of evidence at the fire scene. When directed at the base of the fire, straight streams are capable of wiping the origin of the fire. Useful pieces of evidence for the determination of fire cause is usually located at the base of fire. For this reason, firefighters should take caution when using straight streams of water (Burke, 2007, 257; National Fire Protection Association (NFPA), 2012, 62). Additionally, the use of too much water at the scene of fire can also cause the loss of important evidence. Given the evidence can be in the form of flammable fluids (such as petrol), excess water can dilute the concentration of the fluid and thus render it inadmissible. This is because, tests for the presence of such fluids will turn out to be negative even if the fluid was there. Besides the use of excess water can also cause other pieces of evidence such as papers to be carried away from their original location that will make it difficult for fire investigator to piece all the evidence together. For these reasons, firefighters and other fire officers should exercise much control over the hose nozzle so as to prevent the evidence from being destroyed. Though the use of excess water may be unavoidable in some circumstances, firefighters should ensure that the water can be drained without any difficulties. This is to enable the easy identification of the patterns of fire. In some cases, firefighters can be directed by investigators to use excess water once they have checked the site. According to Almirall and Furton (2004, 56) fire patterns refers to the physical effects that remain after a fire has been put out. The physical effects should be visible or measurable for them to qualify as admissible fire patterns. The physical effects are a representation of the history of the fire and act as important lead to the source of the fire because fire burns differently at various points. Fire patterns are recognized by the oxidation, charring, soot deposits, changes in colour, and collapse of the structures among other effects. Patterns are very important from the perspective of the fire investigators and thus it is the duty of the firefighters to ensure that the patterns remain intact as they fight to put out the fire. Furthermore, the firefighters should also not drag the hose back and forth especially where the evidence is suspected to be as this could destroy the fire pattern. Until the investigator authorizes the removal of the hoses, they should remain untouched. Overhaul Operations Overhaul is final stage fire suppression technique that may conflict with evidence preservation in a fire scene. In firefighting, overhaul refers to the activity where firefighters open walls, voids, ceiling, and any form of partition in a fire scene to check for extensions of fire (Schottke et al., 2014, 546). It is one of the final stages of fire extinction. Overhaul occurs in two phases; pre-control overhaul and post-control overhaul. During this phase, important evidence that points to the cause of the fire may be destroyed. As such, firefighters should ensure that the scene of the overhaul is first examined by a fire investigator so as to preserve any pieces of evidence that may still be present (Schottke et al., 2014, 635). Otherwise, the firefighters should make small holes when checking for extensions to ensure fire patterns are not destroyed. Additionally, in the effort to put out the fire through overhaul suppression techniques, firefighters are faced with two major conflicting responsibilities. They should preserve evidence and check for the fire extension. Most of the time searching for the hidden fire is given priority as compared to the preservation of evidence. However, a systematic and a coordinated approach towards overhaul operations will ensure that evidence preservation and the extinction of the fire are accomplished. Additionally, during overhaul operations, the outermost part of the scene can first be approached before going deeper after the investigator has examined the scene and collected evidence. If the operation is conducted during the night, proper lighting should be provided. Overhaul tools such as thermal imaging devices may also be used in addition to the using experienced personnel. However, the use of the power tools in the fire scene should follow the recommendations of the NFPA as discussed below. Salvage Operations Firefighters may also try to clear fire debris and other objects from the fire scene to reduce further damage due to the fire, smoke, or water that was used in controlling the fire. The process is referred to as salvage (Schottke et al., 2014, 614). Like overhaul, salvage occurs after fire has been contained. Salvage operations and methods can also lead to the destruction of evidence in the scene of fire. The fact that the process involves movements of object means it can alter the reconstruction of fire scene and thus make it impossible to know the cause of fire. Salvage operations can change the fire patterns and in the worst case, the firefighters may move all the things in a room in the absence of the fire investigator that will completely distort the reconstruction of the scene of fire (Schottke et al., 2014, 614-617). For this reason, firefighters should ensure that a fire investigator is present before embarking on salvage operations so as to prevent the destruction or the contamination of evidence. If possible, everything should be extinguished in their original positions unless they would increase the loss from the fire. Similar to overhaul operations, the use of power tools in salvage operations should observe the recommendations of the NFPA. Salvages can also lead to court cases especially when the fire evidence is destroyed. For instance, in the case of Erie Insurance Exchange v. Davenport Insulation, the firefighters destroyed the fireplace that was the origin of the fire and scattered the debris all over. The suit against the construction company (BSG) seeking for compensation by Erie was dismissed because BSG argued that the fireplace was spoiled by the firefighter and thus it could not be accurately determined if the fireplace was the cause of fire (Cox, 2009, 1). The Use of Power Tools The NFPA 921 also requires the firefighter to exercise caution whenever they are using power tools at the scene of fire (IAFC, 2010, 345). Firefighters are required to refuel tools that use gasoline or diesel away from the scene of fire so as to prevent the magnification of fire or the occurrence of another fire source. The tools should also be used away from the source of fire or from fluids that are easily flammable. Refuelling or the use of these tools near the fire source can leading to the altering of the original evidence and thus lead to the wrong conclusion being made about the cause of fire. Additionally, power tools may also contaminate the scene either by having contact with the various artefacts at the scene or by leaking fuel during refilling that will give negative results when the evidence at the point of use is analysed and tested by the fire investigator. Though the contamination may occur unknowingly, it will tamper with the process of determining the real cause of fire. Turning Knobs and Switches Also, in their effort to put out the fire, firefighters may try to switch machines and appliances off. Though this is the right step in extinguishing the fire, the NFPA recommends that firefighter should only do so after the fire scene investigator has checked the knobs, analysed and documented them (NFPA, 2004, 122-123). This is because, the way the switches and the knobs are positioned could act as an important lead for the identification of the cause of fire given that the switches and knobs can be used for igniting fire. Moreover, fire may cause the melting of the equipment that are made of plastics and thus can lead to complete destruction of what might be crucial evidence in establishing the origin of fire. The Access of Firefighters and other Personnel The extent to which firefighters and other personnel enter into the scene of fire may also contribute to the loss of evidence. For this reason, the access of the all of the concerned personnel should be limited until the fire investigator has checked the site. The access of other personal may also be limited if it is established that they may destroy, contaminate, or damage the evidence. As a result, fire investigators have the duty to ensure that the evidence is secured and that all the firefighting personnel entering the scene should have their names and their purpose recorded. The incident commander (IC) should have someone to ensure members of the public are turned away from the scene of fire. Additionally, the IC should mark the scene using tapes to cordon an area large enough to ensure evidence is preserved. Warning tags can also be used to warn people not to touch anything (NFPA, 2004, 123-124; Codding and Bohn, 2006, 1-2). In conclusion, in the scene of fire, firefighters have the responsibility to ensure the fire is controlled and most importantly fire evidence is preserved. This requires them to be aware of the how their actions may interfere with the soundness of the evidence and thus take appropriate steps in making sure that their aim of putting out the fire does not make it impossible for the cause of fire to be determined. Though these two responsibilities may be conflicting, the firefighter should deliberately ensure that the accomplishment of one responsibility does not make the accomplishment of the other difficult. Every firefighter should make evidence preservation a priority while battling the fire. The development of this awareness requires the firefighting personnel to take deliberate effort and have the right attitude when combating the flames of fire. Successful preservation of evidence allows the successful arrest and prosecution of arsonists. Bibliography Almirall, J.R., Furton, K.G., 2004. Analysis and interpretation of fire scene evidence. CRC Press, Boca Raton. Burke, R., 2007. Counter-terrorism for emergency responders, 2nd ed. CRC/Taylor & Francis, Boca Raton. Codding, G.O., Bohn, J.A., 2006. Incident Commander’s Guide to Preserving Evidence [Online]. Available at: http://www.fireengineering.com/articles/print/volume-159/issue-8/features/incident-commanderrsquos-guide-to-preserving-evidence.html (Accessed 19 November 2015). Cox, K.M., 2009. Spoliation of Evidence in Fire Cases: Insurers Better Be Careful [Online]. Available at: http://www.semmes.com/publications/cases/2009/10/spoliation-of-evidence.asp (Accessed 19 November 2015). International Association of Fire Chiefs, 2010. Fire officer: principles and practice. Jones and Bartlett Publishers, Sudbury, MA. National Fire Protection Association, 2012. National fire codes: a compilation of NFPA codes, standards, recommended practices, and guides. The Association, Quincy, Mass. National Fire Protection Association, 2004. National fire codes: a compilation of NFPA codes, standards, recommended practices and guides. National Fire Protection Association, Quincy, MA. Schottke, D., National Fire Protection Association, International Association of Fire Chiefs, 2014. Fundamentals of fire fighter skills, 3rd ed. Jones & Bartlett Learning, Burlington, MA. Read More