UNDERWATER EVIDENCE COLLECTING
EVIDENCE COLLECTION AND YOU--the Public Safety Diver ( PSD)
All agencies and PSD teams have their own SOP's and SOG's and I am in no way telling you to deter from the methods outlined in yours, what I'll attemp to do in this brief is to give you all a few hints/pointers that you may already use, or may want to fit into your operating practices.
Lets face it, an big wide open body of water is an invitation for the bad guy to ditch and try to evade the finding of things that will put him away. It is OUR job to recover this evidence to the best of our abilities and our teams abilities. The criminal has the mindset of , " if it sinks to the bottom nobody will ever see it again." WRONG, this is where we come in.
Even though the evidence is UW it does not negate the need to apply the same crime scene techniques as used above on dry land. Our main goals as PSD's is to collect enough evidence to procure a conviction in court against the accused. And like evidence above the water line we must DOCUMENT EVERYTHING and most definetly FOLLOW THE CHAIN OF CUSTODY. One small foul up is sometimes all that is needed for a ' legal eagle' to win an aquittal or mistrial, something we don't want to see after all of our hard work.
People have the misconception that fingerprints, blood samples,and tissue samples can't be obtained from items recovered from UW. Boy are they wrong!! But the use of improper evidence collecting techniques canmake them right, so due diligence must be taken every step of the way.
A bad guy may wipe the steering wheel clean of prints, but out of habit he most likely adjusted the rearview mirror. A very good place to start your search for prints. And how about gun fire?? When you place a gun barrel against a victims skin and shoot ' blowback' occurs, and that may draw blood and tissue samples into the barrel. That is why it is so important to handle the gun correctly so no water drains out of the barrel when you are packaging it for transfer. The inside of the gun barrel is much like "anchor ice" where you can find minute particles of evidence, and a lot of PSD's especially if they've transferred from the South don't know about this phenomonem.
Car doors opened underwater may allow evidence to float away so you must be on your toes when doing this. And how about the process of oxidation?? Never bring any metal item to the surface without properly bagging it as the process starts as soon as it hits the air. And never store a blood stained article in a plastic bag as it will mildew and a chemical reaction between the plastic of the bag and the blood occurs. Much like papers that you recover wet and then store wet WILL dissolve in time. Its all of these small things you have to remember, one foul up could cost you the case and conviction. Bringing closure to a victims family is part of our job as a PSD, and screwing up and the perp goes free certainly does not provide closure!!
Always make sure to take water samples and bottom samples when you are dealing with a DB. If you forget to take a bottom sample from the location you recover the DB from the process of elimination goes down the tubes. Lets say your DB is found one shoe on and if you are lucky enough to have a shoe with treads such as a tennis shoe or work boots there may be some undisturbed particulates in the treads that the water hasn't washed away. If you have mud in the treads, and you haven't taken a bottom sample any chance of a comparison to determine if that was the place of death, or if the body was moved and dumped there has now vanished. And you can't go back to the recovery area to obtain one as any lawyer worth his salt can easily get a case tossed for ' evidence tampering' or worse still accusing you of planting evidence to secure a conviction. Most bodies of water have little microscopic animals in them known as DIATOMS, and these little guys can be water specific, only living in a certain area of a lake or stream, or even in a particular body of water miles away. Without a water sample from around the DB and there happens to be water in the vics lungs no comparison can be made to see if the vic has been transported and dumped. Its all a process of elmination here folks. And we certainly don't do on scene microscopic examinations, so make sure the container you use is well sealed and marked as to location sample was taken, time of day, date, and I even include water and surface air tempretures. And if you are in doubt even in the smallest way by all means CALL your local forensic lab or your Dept's lab and ask how to handle the sample. One little goof up can cause you a lost conviction. Not good!!Your main goal on this job is workingtowards a conviction, not away from one.
Now that I've covered a bit on water it's time to talk a bit about metal objects such as knives, firearms, axes!! We all know that mud and water are preserving agents for metal objects. And given the nature of our job they'll most likely be in zero vis conditions so it will be by touch or a bleep from a metal detector that we find these goodies, and chances are very HIGH that they will moved accidentally when located, sometimes this is unavoidable so don't beat yourself up thinking about it. But also don't forget that before you move the object that measurements, photos, marking, etc. must be done before you can remove it.When possible all metal objects should be picked up carefully andplaced in the container while UW. I have been known to use ZIPLOCK freezer storage bags and even the Ziplock Press and Seal food containers that you can pick up in grocery stores for about $5 for conatiners, and $4 for a box of the bags, and they are easily marked upon return to the surface with a grease pencil , and when dry evidence seals for you to INITIAL before handing them off to your tender or deivemaster, always keeping the chain of custody in your mind. And don't forget also that when removing it you MUST INCLUDE WATER SAMPLES from around the object, and also bottom samples from where it was located. You know it doesn't hurt to take an extra set of samples in seperate containers either. And when using Ziplock bags, they sometimes can develop leaks, so if possible I like to double bag them. And don't forget your container must be made of a transparent material so it can be immediately identifieed at the surface, and you can't be accused of evidence tampering or the old switch-a-roo UW. And if you're called to the stand and asked to positively ID the item how can you if you never saw it?? And NO you cannot take a file to place an identifying mark on it UW!!! PSD's are like artists in some ways,..we have to be creative in what to use in item recovery. If you have a longgun retrieved under the surface do you want to break the seal to look for the weapons serial number?? ABSOLUTELY NOT!
And remember a firearm can be fired after being submerged in water for months at a time so always treat the firearm as if it is LOADED,COCKED, and READY TO FIRE. This is no time for a negligent discharge to occur!!
Handguns are much easier to handle and package UW but keep in mind that when you are placing them in the container NEVER use something metal to slip in the trigger area or the barrel as this can leave marks and disturb evidence. Use something wooden preferably, a twig/small branch, a piece of dowel stick, even a plastic BIC pen. Nothing that can disturb evidence severly. And always remember to use a container that is top sealing as you may have to adjust the weapon to make recordings of serial number, barrel length, etc. And ALWAYS REMEMBER never ever lift the item up as to drain out the water from the barrel. This is the time too in the retrieval where you document the make/model, serial number, barrel length, an overall general description of the item. I also like to have an observer present when documenting as a second set of initials never hurts.
Now for the tricky part of UW evidence collection--paper and documents. Yes they can be a nightmare to handle but can reveal useful info when handled correctly. If you happen to see them while UW bag them immediately, if you happen to notice them once the DB is brought to the surface you must place them in a water filled container at once. If the pages are folded or layered you have to unfold them while in the water as it lessens the chance of tearing. Once separated place them on clean dry sheets of paper to air dry and protect them from any forms of UV light ( the sun). Never use a hand held blow dryer to speed the process and for heavens sake, keep them out of the wind. They are delicate and fragile items!! Never lay the items on newsprint as a lot of the dyes used in newprint are vegetable based and tranferance is HIGHLY PROBABLE!! You wouldn't want the newsprint to cover up what was originally on the papers. Fabric and clothing should also be recovered while still in the water but do not store them in plastic bags, as I mentioned earlier mildew and deterioration from the plastic bag causing the chemical reactions happens. Place these types of items on clean dry paper and air dry them also. When storing them make sure to use a dry paper bagging material, DO NOT USE PLASTIC DRYCLEANERS BAGS!!
As you can see UW evidence collection is not that difficult and practice does make perfect. The things to remember are:
1) CHAIN OF CUSTODY/ INITIAL EVERY STEP OF THE WAY!!
2) Manner of removal
3)DOCUMENTATION
4)The correct type of storage
5) The correct handling for the item you are recovering
6) Always air dry
Having a great tender and divemaster are fantastic 'tools' but always remember that it is you the primary diver that makes or breaks a case. Practice,practice,practice. And remember safety is number one on any dive. If it doesn't feel right there is no shame in calling off a dive.
All agencies and PSD teams have their own SOP's and SOG's and I am in no way telling you to deter from the methods outlined in yours, what I'll attemp to do in this brief is to give you all a few hints/pointers that you may already use, or may want to fit into your operating practices.
Lets face it, an big wide open body of water is an invitation for the bad guy to ditch and try to evade the finding of things that will put him away. It is OUR job to recover this evidence to the best of our abilities and our teams abilities. The criminal has the mindset of , " if it sinks to the bottom nobody will ever see it again." WRONG, this is where we come in.
Even though the evidence is UW it does not negate the need to apply the same crime scene techniques as used above on dry land. Our main goals as PSD's is to collect enough evidence to procure a conviction in court against the accused. And like evidence above the water line we must DOCUMENT EVERYTHING and most definetly FOLLOW THE CHAIN OF CUSTODY. One small foul up is sometimes all that is needed for a ' legal eagle' to win an aquittal or mistrial, something we don't want to see after all of our hard work.
People have the misconception that fingerprints, blood samples,and tissue samples can't be obtained from items recovered from UW. Boy are they wrong!! But the use of improper evidence collecting techniques canmake them right, so due diligence must be taken every step of the way.
A bad guy may wipe the steering wheel clean of prints, but out of habit he most likely adjusted the rearview mirror. A very good place to start your search for prints. And how about gun fire?? When you place a gun barrel against a victims skin and shoot ' blowback' occurs, and that may draw blood and tissue samples into the barrel. That is why it is so important to handle the gun correctly so no water drains out of the barrel when you are packaging it for transfer. The inside of the gun barrel is much like "anchor ice" where you can find minute particles of evidence, and a lot of PSD's especially if they've transferred from the South don't know about this phenomonem.
Car doors opened underwater may allow evidence to float away so you must be on your toes when doing this. And how about the process of oxidation?? Never bring any metal item to the surface without properly bagging it as the process starts as soon as it hits the air. And never store a blood stained article in a plastic bag as it will mildew and a chemical reaction between the plastic of the bag and the blood occurs. Much like papers that you recover wet and then store wet WILL dissolve in time. Its all of these small things you have to remember, one foul up could cost you the case and conviction. Bringing closure to a victims family is part of our job as a PSD, and screwing up and the perp goes free certainly does not provide closure!!
Always make sure to take water samples and bottom samples when you are dealing with a DB. If you forget to take a bottom sample from the location you recover the DB from the process of elimination goes down the tubes. Lets say your DB is found one shoe on and if you are lucky enough to have a shoe with treads such as a tennis shoe or work boots there may be some undisturbed particulates in the treads that the water hasn't washed away. If you have mud in the treads, and you haven't taken a bottom sample any chance of a comparison to determine if that was the place of death, or if the body was moved and dumped there has now vanished. And you can't go back to the recovery area to obtain one as any lawyer worth his salt can easily get a case tossed for ' evidence tampering' or worse still accusing you of planting evidence to secure a conviction. Most bodies of water have little microscopic animals in them known as DIATOMS, and these little guys can be water specific, only living in a certain area of a lake or stream, or even in a particular body of water miles away. Without a water sample from around the DB and there happens to be water in the vics lungs no comparison can be made to see if the vic has been transported and dumped. Its all a process of elmination here folks. And we certainly don't do on scene microscopic examinations, so make sure the container you use is well sealed and marked as to location sample was taken, time of day, date, and I even include water and surface air tempretures. And if you are in doubt even in the smallest way by all means CALL your local forensic lab or your Dept's lab and ask how to handle the sample. One little goof up can cause you a lost conviction. Not good!!Your main goal on this job is workingtowards a conviction, not away from one.
Now that I've covered a bit on water it's time to talk a bit about metal objects such as knives, firearms, axes!! We all know that mud and water are preserving agents for metal objects. And given the nature of our job they'll most likely be in zero vis conditions so it will be by touch or a bleep from a metal detector that we find these goodies, and chances are very HIGH that they will moved accidentally when located, sometimes this is unavoidable so don't beat yourself up thinking about it. But also don't forget that before you move the object that measurements, photos, marking, etc. must be done before you can remove it.When possible all metal objects should be picked up carefully andplaced in the container while UW. I have been known to use ZIPLOCK freezer storage bags and even the Ziplock Press and Seal food containers that you can pick up in grocery stores for about $5 for conatiners, and $4 for a box of the bags, and they are easily marked upon return to the surface with a grease pencil , and when dry evidence seals for you to INITIAL before handing them off to your tender or deivemaster, always keeping the chain of custody in your mind. And don't forget also that when removing it you MUST INCLUDE WATER SAMPLES from around the object, and also bottom samples from where it was located. You know it doesn't hurt to take an extra set of samples in seperate containers either. And when using Ziplock bags, they sometimes can develop leaks, so if possible I like to double bag them. And don't forget your container must be made of a transparent material so it can be immediately identifieed at the surface, and you can't be accused of evidence tampering or the old switch-a-roo UW. And if you're called to the stand and asked to positively ID the item how can you if you never saw it?? And NO you cannot take a file to place an identifying mark on it UW!!! PSD's are like artists in some ways,..we have to be creative in what to use in item recovery. If you have a longgun retrieved under the surface do you want to break the seal to look for the weapons serial number?? ABSOLUTELY NOT!
And remember a firearm can be fired after being submerged in water for months at a time so always treat the firearm as if it is LOADED,COCKED, and READY TO FIRE. This is no time for a negligent discharge to occur!!
Handguns are much easier to handle and package UW but keep in mind that when you are placing them in the container NEVER use something metal to slip in the trigger area or the barrel as this can leave marks and disturb evidence. Use something wooden preferably, a twig/small branch, a piece of dowel stick, even a plastic BIC pen. Nothing that can disturb evidence severly. And always remember to use a container that is top sealing as you may have to adjust the weapon to make recordings of serial number, barrel length, etc. And ALWAYS REMEMBER never ever lift the item up as to drain out the water from the barrel. This is the time too in the retrieval where you document the make/model, serial number, barrel length, an overall general description of the item. I also like to have an observer present when documenting as a second set of initials never hurts.
Now for the tricky part of UW evidence collection--paper and documents. Yes they can be a nightmare to handle but can reveal useful info when handled correctly. If you happen to see them while UW bag them immediately, if you happen to notice them once the DB is brought to the surface you must place them in a water filled container at once. If the pages are folded or layered you have to unfold them while in the water as it lessens the chance of tearing. Once separated place them on clean dry sheets of paper to air dry and protect them from any forms of UV light ( the sun). Never use a hand held blow dryer to speed the process and for heavens sake, keep them out of the wind. They are delicate and fragile items!! Never lay the items on newsprint as a lot of the dyes used in newprint are vegetable based and tranferance is HIGHLY PROBABLE!! You wouldn't want the newsprint to cover up what was originally on the papers. Fabric and clothing should also be recovered while still in the water but do not store them in plastic bags, as I mentioned earlier mildew and deterioration from the plastic bag causing the chemical reactions happens. Place these types of items on clean dry paper and air dry them also. When storing them make sure to use a dry paper bagging material, DO NOT USE PLASTIC DRYCLEANERS BAGS!!
As you can see UW evidence collection is not that difficult and practice does make perfect. The things to remember are:
1) CHAIN OF CUSTODY/ INITIAL EVERY STEP OF THE WAY!!
2) Manner of removal
3)DOCUMENTATION
4)The correct type of storage
5) The correct handling for the item you are recovering
6) Always air dry
Having a great tender and divemaster are fantastic 'tools' but always remember that it is you the primary diver that makes or breaks a case. Practice,practice,practice. And remember safety is number one on any dive. If it doesn't feel right there is no shame in calling off a dive.
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