Evidence Collection, Tagging, and Storage National Certified Investigator

Evidence Collection, Tagging, and Storage National Certified Investigator

Evidence Collection, Tagging, and Storage National Certified Investigator & Inspector Training Basic Program Instructor Name Agency Session Introduction Learning Objectives

Upon completion of the session, you will be able to: Identify the proper techniques for gathering evidence in different types of investigations. Identify the proper methods for maintaining the chain of custody. Session Map Introduction to Evidence

Collection Introduction to Evidence Collection The investigators job is to collect and maintain all of the possibly relevant evidence to ensure that it is available and in proper condition if it is needed for a hearing Obtaining Evidence

Planning Evidence Collection Identify possible sources Identify possible types/forms of evidence Anticipate problems in obtaining evidence Anticipate problems in maintaining evidence Agency procedures Possible Sources Searches

Behavior Generated Evidence Surveillance/Undercover Operation Individuals, Business or Government Databases Scientific Evidence Demonstrative Evidence Commonly Forgotten Sources Searches Legally authorized

Planned Controlled Methodical Detailed Documented Behavior Generated Evidence Putting yourself in the shoes of the alleged wrongdoer

Reconstruction of the situation or event Pay close attention to what you touch, look at or would think could be used to conceal your actions Surveillance Undercover/covert vs. Overt Planning is critical Duration- what is the objective? Use of electronics

Individuals, Business or Government Consider who to interview and how they are related to the event Be aware of issues of credibility, hostility, bias and personal interest Collect written statements from witnesses whenever possible Databases

Increasing reliance on computers for data storage Technical assistance can be required to extract information Be aware of agency policies related to electronic media and communications Many policies are not keeping up with email and social media Scientific Evidence

Laboratory samples and test results Investigators must collect samples in such a way that they can be tested and presented at hearing Ensure you have access to a lab that can run the required tests Demonstrative Evidence Evidence that supports testimony and makes facts more understandable i.e. photos, maps, recreations

Photographs: One person photographing General to specific Record date and time Photograph everything Use measuring scale Consistent technique Commonly Forgotten Sources

Files, diaries, telephone bills, credit card purchases, evaluations, weather service Security equipment or personnel Telephones and answering machines or services Calendars or appointment books Electronic Communication and Electronically Stored Records

Electronic Communications Electronic mail Text messaging Instant messaging Social media Electronically Stored Records Consists of information created, manipulated, communicated and stored in a digital form

Typical electronic records Stored on various media Present opportunities and challenges to investigators Issues Associated with Electronically Stored Records Policies and procedures for paperless records Social media as an information source

Using social media in investigations Maintaining Evidence Preserving Identity Marking Tagging Sealing and Labeling Identification

Preserving Evidence Adequate Control Get to secured area ASAP through as few people as possible Ensure tight security Maintain suitable environment Avoid alteration Security Measures

Consequences of Poor Procedure or Practice Unavailable Evidence Unauthenticated Evidence Damaged Evidence Disposition of Unneeded Evidence Is the case closed? Are there other related cases?

Return evidence, if permitted Practical Exercises Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises

Case Study #1: Missing Narcotics Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest

It is 10:00 a.m. on Monday. You receive a message from an intake officer in the Enforcement division The Director of Nursing for Sunny Day Nursing Home, states that: She has discovered four 50 mg vials of narcotics missing from the facility's narcotics cabinet. A fifth vial, which appeared to have been tampered with, remained in the cabinet.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest It is 10:00 a.m. on Monday. You receive a message from an intake officer in the Enforcement division The Director of Nursing for Sunny Day Nursing

Home, states that: For the last two weeks they have suspected Paula Gethi, a registered nurse, and had been watching her Approximately one week ago a used needle was found under a resident's bed. Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials

Case Study # 3: Identity of Interest It is 10:00 a.m. on Monday. You receive a message from an intake officer in the Enforcement division The Director of Nursing for Sunny Day Nursing Home, states that: The resident was under no physician's orders which required injection medicines at that time.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Additional Information: Paula Gethi works on the 3:00 a.m. to 11:00 a.m. shift Taking a controlled substance without proper prescription is a class three (3) misdemeanor

Punishable by up to six months in jail and a fine up to $1,000. Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Who will you want to interview?

In what order? Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Do you anticipate any obstacles in obtaining statements from the individuals you want to

interview? Which interviewees and what obstacles? Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest List the evidence you will want to retrieve

Example: classification and form Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Do you anticipate any problems in the collection and/or preservation of evidence?

Which pieces of evidence and what problems? Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What will you do today?

Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Case Study #2: Inferior Quality of Materials

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Jane Doe contracted with Joe Builder to have a deck constructed at her home for $2,000. She alleges the Builder told her he would use Grade A lumber for the job because it was of

superior quality and less likely to warp after exposure to water and other elements. Doe contracted with Builder and the work was completed. Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest

After approximately three months, she noticed that the boards on the deck began to warp. When she had her son look at the boards, he noticed that several of them were stamped "Grade F" and had numerous knotholes indicative of poor quality lumber. Doe filed a complaint alleging that the contractor did not use the grade of lumber he told her he would use.

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Section 5.2.2 Prohibited Acts Any contractor making any misrepresentation or a false promise of a character likely to influence,

persuade or induce shall be cause for disciplinary action. Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What are the elements of a violation of Section

5.2.2? Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What evidence will you need? List the evidence and indicate the form (i.e., real, testimonial or

demonstrative) Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Do you see any difficulties in proving or disproving any of the elements of the regulation?

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest How will you go about collecting evidence of damage Doe suffered as a result of the contractor's actions?

Exercise Collection, Tagging, and Storage Introduction to Evidence Collection Obtaining Evidence Maintaining Evidence Practical Exercises Case Study #3: Identity of Interest

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Homer C. Smith previously owned a company by the name of Homes-R-Us. The State Board revoked the company's license

in 1991. In 1992, Mr. Smith started a new company, We Build'em, Inc. Mr. Smith filed an application for licensure with the Board for Contractors. Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials

Case Study # 3: Identity of Interest He contacted the Board and asked whether his present license application would be denied based on the previous revocation. He is informed by the licensing review technician that any previous disciplinary action will be considered by the Board in determining whether the license would be issued. Shortly thereafter, Mr. Smith withdrew the

application. Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Two weeks later, Robert Smith (Homer Smith's father) applied for a contractor's license for an

entity titled Build-A-House, Inc. Robert Smith does not include Homer Smith on the application as having any position with the company. Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest

After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Robert Smith: Is over 70 years old Was retired until two years ago Receives no salary Does no work for the company

Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Homer Smith negotiates and signs contracts on

behalf of Build-A-House, Inc. When speaking to customers and while working on construction projects Homer Smith refers to Build-AHouse, Inc. as "his company." Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest

After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Homer Smith has signed personal guarantees with several local suppliers on behalf of Build-A-House, Inc. The company operates out of the garage of Homer Smith's private residence. Scenario Brief

Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest After being in business for approximately two years, an anonymous complaint is received by the Board alleging the following facts: Homer Smith has signed applications for building permits and other construction documents on behalf

of Build-A-House, Inc. Presently, he has signed a building permit for a home that is being built for Steve and Marsha Johnson in a subdivision about 10 miles from the city. Scenario Brief Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest

Regulation 1.4 The Board may suspend or revoke an existing license of any contractor who is shown to have a substantial identity of interest with a contractor whose license has been previously revoked by the Board. A substantial identity of interest includes but is not limited to (i) a controlling financial interest by the individual or corporate principles of the contractor whose license was revoked or (ii) substantially

identical principals or officers. Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest Is the investigation adversely affected because the complaint was anonymous?

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest What are the elements of Regulation 1.4? Discussion Questions

Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest List the testimonial evidence you will want to obtain. Classify the evidence as direct or circumstantial. Do you perceive any obstacles to obtaining the evidence?

Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest List the real evidence you will want to obtain. Classify the evidence as direct or circumstantial Do you perceive any obstacles to obtaining the

evidence? Discussion Questions Case Study # 1: Missing Narcotics Case Study # 2: Inferior Quality of Materials Case Study # 3: Identity of Interest During the investigation, you interviewed Robert Smith who is listed as the president of the

company. He states that Build-A-House, Inc. employs Homer Smith as a construction manager. How would this affect your investigation? Session Review Knowledge Check The best method of identifying evidence is: A. Placing all appropriate information on an evidence

tag and fastening the tag to the evidence B. Marking the appropriate identifying information directly on the item C. Placing the evidence in an appropriate evidence collection container and marking the container Knowledge Check Which of the following is not a consequence of using poor procedures or practices in regard to maintaining evidence?

A. B. C. D. Evidence Evidence Evidence Evidence

being being being being unavailable unauthenticated distributed damaged

Learning Objectives Review You should now be able to: Identify the proper techniques for gathering evidence in different types of investigations. Identify the proper methods for maintaining the chain of custody. Questions Session Evaluation

In general, this instructor: A. Is Unacceptable B. Needs Improvement C. Is Good D. Is Very Good E. Is Excellent The style of delivery: A. Is Unacceptable

B. Needs Improvement C. Is Good D. Is Very Good E. Is Excellent The content: A. Is Unacceptable B. Needs Improvement C. Is Good D. Is Very Good

E. Is Excellent The amount of material covered: A. Is Unacceptable B. Needs Improvement C. Is Good D. Is Very Good E. Is Excellent The usefulness of this session:

A. Is Unacceptable B. Needs Improvement C. Is Good D. Is Very Good E. Is Excellent

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