Crime Scene Contamination and Its Impact on Criminal Investigations
Crime scenes are of utmost importance in criminal investigations, as they provide crucial evidence that can determine the outcome of a case. However, crime scene contamination is an ever-present concern that can compromise the integrity of evidence and hinder the pursuit of justice. In this article, we will explore the various aspects of crime scene contamination and highlight the six deadly mistakes that investigators should avoid. That being said, they make these mistakes again and again. If you are facing serious criminal charges in Minnesota, make sure to consult with an experienced criminal defense attorney.
“You could ask every officer, was the crime scene contaminated when you arrived. The true answer is either yes or I don’t know. Anything else would be wrong.”
Police Officer Mistakes a Crime Scenes”
There are many procedures that police officers must follow in order to correctly investigate a crime scene. A failure of any of these opens up the officers and the State’s case to cross examination from an experienced Minnesota criminal defense attorney and introduces reasonable doubt. These include:
Not Controlling Police Personnel
One of the major challenges in maintaining the integrity of a crime scene is managing who is actually at the crime scene, including other cops. It is crucial to assign a "Gatekeeper" who can regulate access to the crime scene and prevent unauthorized personnel from entering. Many officers unintentionally contaminate the scene, while others might disrupt the investigation by unnecessarily congregating at the crime scene. By controlling police personnel and their movements, the risk of contamination can be significantly reduced. If the police don’t even know who was or was not there, how reliable are any of their conclusions?"
Not Identifying Evidence
To ensure a thorough investigation, investigators must approach crime scenes with an open mind and remain receptive to potential evidence. Focusing solely on predetermined items may cause crucial pieces of evidence to be overlooked. Investigators should adopt a comprehensive approach, considering any item or detail that might be probative in the case. Leaving behind any important piece of evidence can have detrimental consequences, so thoroughness is of utmost importance. If you walk into a crime with an idea of what happened, implicit bias will take over and you will find “what you are looking for.”
Not Documenting Interviews, Evidence, Etc.
Proper documentation is vital in any criminal investigation. Failure to accurately record interviews, evidence, and other crucial aspects of the case may not only lead to the loss of significant information but also expose the investigation to a very real question as to their competency. Poorly documented cases can give rise to doubts about the investigation's reliability and may adversely affect its outcome. To safeguard the integrity of the investigation, thorough and meticulous documentation is indispensable. A failure to document can make a jury question what wasn’t included but also the accuracy of what was.
Not Taking Enough Photographs
Photographs serve as invaluable evidence and aid in reconstructing the crime scene. It is essential for investigators to capture detailed and comprehensive images of the scene from various angles. The adage "film is free" should be kept in mind, as capturing an excess of photographs ensures that no crucial detail is missed. Photographs can play a vital role in court proceedings, assist with memory recall for investigators, aid cold case detectives, and serve as a valuable tool for identifying overlooked evidence. A failure to document case raise questions of accuracy.
Not Identifying Secondary or Tertiary Crime Scenes
Investigators should always consider the possibility of secondary and tertiary crime scenes. While the primary crime scene is where the initial incident occurred, additional locations may contribute valuable insights into the investigation. For instance, if the body was discovered in a different location from where the crime occurred, it suggests the presence of a secondary crime scene. Points of entry, alleys, rooftops, and other alternative locations must be thoroughly examined to avoid overlooking crucial evidence. Establishing movement without concluding the reasons or distinctions, again, raises the question of competency of the officers. All of this can be used to exploit a the failures of an investigation from the perspective of a competent criminal defense attorney.
Taking Crime Scene Photos with People in the Background
To maintain the integrity and professionalism of crime scene investigation, it is imperative that all photographs are taken when the scene is devoid of unnecessary personnel. Having individuals, particularly uniformed officers, in crime scene photos can create an impression of mismanagement and contamination. To ensure pristine documentation, photos should be taken before any investigators enter the crime scene, following the prescribed sequence of Photo, Sketch, Search, and Collect. Any of these out of order can complicate the investigation and provide additional challenges to the prosecutor.
Conclusion
Preventing crime scene contamination is an ongoing challenge for law enforcement professionals. The six deadly mistakes discussed here shed light on common pitfalls that can compromise the integrity of investigations. By effectively controlling police personnel, identifying all potential evidence, meticulously documenting the case, capturing ample photographs, considering additional crime scenes, and minimizing the presence of individuals in crime scene photos, investigators can minimize the risk of contamination and maximize the chances of achieving justice. Adhering to these principles will help ensure the integrity and reliability of criminal investigations.
It is critical to note that every case is unique. By utilizing their expertise, legal knowledge, and critical thinking skills, defense attorneys play a pivotal role in protecting their clients' constitutional rights and striving for justice within the criminal justice system. If you are facing serious criminal charges including rape, child pornography, domestic assault, murder or other violent crimes, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, make sure Jack Rice Defense is in your corner.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.