Chapter 18 Flashcards
364
What is one of the best starting points for the effort to prevent future fires?
To understand the causes of fires that have occurred in the past.
364
Who is responsible for conducting an investigation as well as completing the NFIRS at a structure fire?
The incident commander
365
On smaller routine incidents who conducts the investigation?
The fire officer should be able to determine the point of origin and cause, or probable cause for most fires.
365
What is the investigator’s primary responsibility?
The investigator’s primary responsibility is to develop and properly document the case and if needed forward it to the prosecutor.
365
When a fatality occurs as a result of fire who should be called?
Fire investigator and the coroner/medical examiner.
365
The fire officer must evaluate the circumstances of the situation and know local guidelines and policy when considering how best to conduct an investigation. When is it a good practice to request an investigator?
Whenever the facts do not seem to to make sense OR there is a compelling reason to know the exact cause of the fire.
366
When should an investigator who notices a disabled/impaired fire protection system at a fire consider the impairment intentional?
If the call reporting the fire came from another source particularly witnessed outside the property.
366
Points of origin located in what areas should arise suspicion of arson?
Origins that are in the attic, basement, or closet should receive special consideration.
366
What did the case Michigan v Tyler establish?
The fire department are charged with extinguishing the fire and determining the cause and origin.
366
When conducting an investigation for fire cause and origin, the officer must take care to avoid______
Unlawful search and seizure prohibited by the fourth amendment. Typically no search warrant is needed to enter a fire scene and collect evidence when the fire department remains on scene to determine the cause of the fire as long as the evidence is in plain view of the investigator.
366
What does “as long as the evidence is in plain view of the investigator” mean?
The plain view doctrine allows for potential evidence to be seized during the process of the fire scene, if the fire investigator had a legal right to be there and the evidence is in plain view.
367
What did Michigan v Clifford establish?
The court held that, as firefighters remove rubble or search areas where the cause of the fire is likely to be found, an object that comes into view during such a process may be preserved.
BUT once the investigator has determined where the fire started, the scope of the search authority is limited to that area. After the causing the origin have both been determined, a search warrant or consent is required for further search.
367
If reentry is needed after the fire department leaves the scene, what is required?
A search warrant or consent
367
According to Michigan v Tyler when is no search warrant needed, when is an administrative search warrant needed, and when is a criminal search warrant needed?
- No warrant when fire stays on scene, reasonable time, to determine cause, and any evidence admissible under plain view doctrine.
- administrative search warrant needed for entry, purpose is to determine cause of the fire.
- criminal search warrant needed for reentry, purpose is to gain evidence for prosecution
367
When protecting the scene for an investigator what does that entail?
Preventing unauthorized personnel to enter the scene,
create a security perimeter (fire tape), all access to and from area must be controlled, firefighter entry should be limited
367
Evidence
Material object as well as documentary oral statements that are admissible as testimony in a court of law.
367
What are the three types of evidence?
Demonstrative evidence- tangible items that can be identified by witnesses, such as incendiary devices and fire scene debris
Documentary evidence- evidence in written form, such as reports, records, photographs, sketches, statements
Testimonial evidence- witness speaking under oath
367
Why is evidence so crucial to the successful prosecution of arson cases?
To prove that the crime of arson occurred, the fire investigator must rule out all potential accidental and natural causes.
367
Artifacts
In the context of fire evidence, could include the remains of the material first ignited, the ignition source, or other items/components that are in some way related to the fire ignition, development, or spread. Could also be an item on which fire patterns are present.
367
When the investigator digs out the fire scene what is the ultimate goal
The ultimate goal is to identify the point of origin and the cause of the fire.
367
Fire scene reconstruction
The process of re-creating the physical scene before the fire occurred, either physically or theoretically. As debris is removed the contents and structural elements are replaced in their prefire positions as much as possible.
368
What is the worst case scenario as far as the fire investigators concerned?
The fire investigator arrives and discovers the fire company has removed all of the fire debris including the fire damage ceilings walls and doors preventing the inspector from being able to evaluate the evidence in the context of the fire.
368
The fire officers the first step in the chain of evidence that is vital to the successful prosecution of arson cases. What is the fire officer’s role in ensuring successful prosecution?
The fire officers responsible for protecting the fire scene evidence both from the public and from excessive overhaul and salvage.
The chain of evidence requires that the evidence remain secure and documented, from the fire scene to the courtroom. Most investigators document all physical evidence before collecting it by taking high-resolution photographs.
368
What is the proper methodology for a fire or explosion investigation?
First determine and establish the origin(s), then investigate the cause: circumstances, conditions, or agencies brought ignition source, fuel, and oxidant together.
368
Point of origin
The exact physical location where the heat source and the fuel come into contact. Usually determined by examining fire damage and fires pattern evidence at the scene.
368
Where does a fire investigator usually start an investigation?
In the area where the least amount of damage occurred and follows the pattern back toward the area of greatest fire damage.
368
What information can eyewitness provide to the investigator?
Sometimes an eyewitness saw what happened and can explain what occurred. Other times they can identify an area where the fire was first observed. They may also be able to tell you what was in the suspected area of origin before the fire started.
369
Determining the point of origin requires analysis of what four sources ?
- Fire patterns at the scene
- Observations of persons who witnessed the fire or conditions present at the time of the fire.
- Analysis of the physics and chemistry of the fire initiation, development and growth as related known or hypothesized fire conditions.
- Noting location where electrical arching has caused damage, and circuit involved.