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CRIME LABORATORY EVIDENCE SUBMISSION MANUAL Florida Department of Law Enforcement Guy M. Tunnell, Commissioner 2004 Committed to Service Integrity Respect Quality COPYRIGHT © 2004 by Florida Department of Law Enforcement

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Page 1: Evidence Submission Manual - staffinspector.orgstaffinspector.org/resources/2004_evidence_submission_manual.pdf · CRIME LABORATORY EVIDENCE SUBMISSION MANUAL ... V. Skeletal Remains

CRIME LABORATORY

EVIDENCE SUBMISSION

MANUAL

Florida Department of Law Enforcement Guy M. Tunnell, Commissioner

2004

Committed to Service • Integrity • Respect • Quality

COPYRIGHT © 2004 by Florida Department of Law Enforcement

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COPYRIGHT © 2004 by Florida Department of Law Enforcement

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FLORIDA DEPARTMENT OF LAW ENFORCEMENT

Guy M. Tunnell, Commissioner

CRIME LABORATORY EVIDENCE SUBMISSION MANUAL

2004

The Florida Department of Law Enforcement Crime Laboratory has developed this manual for the law enforcement community to provide useful

information for submitting evidence to any of the state-operated laboratories. This publication is intended to provide instructions for special handling

and submission of exhibits to a crime laboratory.

There may be unusual types of evidence not covered in this manual that you may encounter. If so, please contact any of the regional laboratories

for specific questions you may have.

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“Wherever he steps, whatever he touches, whatever he leaves,

even unconsciously, will serve as silent evidence against him. Not only his fingerprints or his

footprints, but also his hair, the fibers from his clothes,

the glass he breaks, the tool marks he leaves,

the paint he scratches, the blood or semen that he deposits or

collect—all of these and more bear mute witness against him. This is evidence that does not forget. It is not confused by

the excitement of the moment. It is not absent because human

witnesses are. It is factual evidence. Physical evidence cannot be wrong; it cannot perjure itself; it cannot be

wholly absent. Only its interpretation can err.

Only human failure to find it, study and understand it, can

diminish its value.”

From Kirk, Paul L. Crime Investigation.

New York: Interscience Publishers, 1953

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CONTENTS

I. LIST OF FIGURES……………………………………………………………………5 II. FDLE FORENSIC SCIENCE SERVICES LOCATIONS…………………………….6 III. CRIME LABORATORY SERVICES………………………………………………... 7 IV. CRIME SCENE: HOW TO COLLECT EVIDENCE…………………………………8 V. SAFETY CONSIDERATIONS………………………………………………………. 11 VI. HOW TO SUBMIT EVIDENCE……………………………………………………... 14 VII. PHYSICAL EVIDENCE EXAMINATIONS…………………………………………21 A. AFIS—Automated Fingerprint Identification

System……………………………. 21

B. Arson……………………………………………………………………………...22 C. Blood (See Section T. Serology/DNA)…………………………………………...25 D. Computer Evidence

Recovery……………………………………………………. 25

E. Controlled Substances…………………………………………………………….28 F. DNA Database Overview…………………………………………………………35 G. Fibers, Fabrics, and Fabric Marks………………………………………………...39 H. Firearms and Tool Marks…………………………………………………………41 I. Fractured

Materials……………………………………………………………….. 48

J. Glass……………………………………………………………………………… 49 K. Gunshot Residue…………………………………………………………………..50 L. Hair (See Section T. Serology/DNA)……………………………………………..53 M. Latent Prints……………………………………………………………………… 53 N. Light Filaments……………………………………………………………………56 O. Paint………………………………………………………………………………. 58 P. Photography……………………………………………………………………….60 Q. Plastic and Adhesives……………………………………………………………..61 R. Semen (See Section T. Serology/DNA)…………………………………………..62 S. Serial Number Restorations……………………………………………………….63 T. Serology/DNA……………………………………………………………………. 63 U. Shoe Prints, Tire Tracks, and Miscellaneous Impressions………………………..69 V. Skeletal Remains………………………………………………………………….72 W. Toxicology……………………………………………………………………….. 74 X. Videotape Analysis………………………………………………………………. 78 VIII. USING THE LABORATORY IN THE JUDICIAL PROCESS………………………80

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I. LIST OF FIGURES

1. FDLE Forensic Science Services (Addresses of Crime Laboratories)

6

2. Selecting Proper Evidence Container

10

3. Paper Packets for Trace Evidence Submission

10

4. Packaging Evidence

16

5. Packaging Evidence

16

6. Sample CEIM Form: Common Evidence Intake Module

19

7. Sample Submission Form: Request for Examination of Physical Evidence

23

8. Sample Submission Form for AFIS: Request for Automated Latent Fingerprint Entry Only

24

9. Computer Evidence Recovery

27

10. Incorrect and Correct Method of Packaging Fresh Plant Material

34

11. Proper Submission of Paraphernalia Evidence

34

12. Request for DNA Database Entry

38

13. Fired Ammunition Components

42

14. Packaging of Gunshot Residue

51

15. Examples of Rolled Inked Prints—Fingerprints, Finger Joints, and Palm Prints

56

16. Protection of Light Filaments for Submission

58

17. Obtaining Paint Chip Samples

60

18. Incorrect Packaging of Serology Evidence

67

19. Correct Packaging of Serology Evidence

67

20. Excavated Grave Using Archaeological Techniques

74

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II. FDLE FORENSIC SCIENCE SERVICES LOCATIONS

FDLE Pensacola Regional Operations Center 1301 Palafox Street Pensacola, Florida 32501-2640 (850) 595-2100 SC 695-2100

FDLE Tallahassee Regional Operations Center 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-7645 SC 210-7645

FDLE Jacksonville Regional Operations Center 921 North Davis Street, Building E Jacksonville, Florida 32209-6804 (904) 360-7100 SC 807-7100

FDLE Daytona Beach FDLE Tampa Crime Laboratory Regional Operations Center 810 Central Court, Suite 110 4211 North Lois Avenue Daytona Beach, Florida 32117 Tampa, Florida 33614 (386) 274-3429 SC 370-3829

(813) 878-7301 SC 556-7301

FDLE Orlando FDLE Fort Myers Regional Operations Center Regional Operations Center 500 West Robinson Street 4700 Terminal Drive, Suite 1 Orlando, FL 32801-1771 Fort Myers, Florida 33907 (407) 245-0888 SC 344-0888

(239) 278-7170 SC 729-7170

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III. CRIME LABORATORY SERVICES

The Florida Department of Law Enforcement provides crime laboratory services to all local, state, and federal law enforcement agencies in Florida for the purpose of providing assistance in criminal investigations and judicial proceedings, including 24-hour crime scene assistance. Call the crime laboratory in your service area for assistance. A. Cases Handled

All submissions of exhibits should be in connection with criminal investigations. No examinations will be conducted for private individuals or corporations.

B. Cost of Services

Normally all laboratory examinations, court appearances, and travel expenses are available without charge. The only exception is a criminal case in which the court orders laboratory services upon the defendant showing cause, as described in F.S. § 943.33.

C. Functions of the Laboratories

1. To identify, compare, and interpret physical evidence. 2. To furnish expert testimony before the court concerning examinations conducted on

evidence or related matters. Make an official request for testimony with a subpoena. 3. To furnish crime scene processing advice and/or assistance in major criminal cases. The

head of an agency or the supervising employee responsible for the conduct of the investigation should make the request. The official requesting this service should inform the laboratory of the type of crime, the basic circumstances surrounding the case, and the specific type of assistance required. This information will allow the most appropriate laboratory personnel to be available.

4. To render aid to court officials in connection with the preparation of scientific and technical phases of certain cases for trial.

5. To furnish instruction concerning physical evidence at law enforcement training schools and to officers of any law enforcement agency.

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IV. CRIME SCENE:

HOW TO COLLECT EVIDENCE

Crime scene analysts respond to requests by local law enforcement agencies for examination of major crime scenes. Criminal investigations often require the documentation, preservation, and collection of physical evidence. This evidence is later analyzed at the crime laboratory. Analysts use cameras, video equipment, alternative light sources, and other equipment to sequentially record and document the evidence and their observations at the crime scene, and they also provide other specialized crime scene services. Analysts provide training to local law enforcement agencies covering the overall functions of the crime laboratory and the proper procedures for documenting, preserving, collecting, and submitting physical evidence to the laboratory. The collection process includes the following recommendations:

1. Clear all nonessential persons from the crime scene including officers not collecting evidence. The more people present, the greater chance there is for damage, loss, or movement of evidence.

2. All persons entering a scene where blood and body fluids are present should wear personal protection equipment such as gloves, shoe covers, disposable jumpsuits, etc. Additionally, the scene should be marked as a biohazard area through the use of barrier tape or signs.

3. Designate one or two persons to collect all evidence. This places responsibility on specific individuals and avoids confusion if questions arise later as to where the items were found and who found them.

4. Use a systematic approach when searching for evidence. Study the whole scene first because the relationship of different item positions may be important. Search the crime scene area so that hidden evidence is not overlooked. Consider what significance the items may have and what examinations the laboratory conducts.

5. Record the scene by photographing, video tape recording, measuring, and sketching the location of all evidentiary items. Record and take photographs of every item before moving them. Record the items, noting the condition, location, date and time of collection, and who collected each item.

6. Place permanent and distinctive marks of identification directly on the package, then insert the evidence.

7. Place each item or similar items found at different locations in separate containers. This prevents damage through contact and eliminates cross-contamination. Refer to the appropriate physical evidence examination section for details on containers.

8. Store evidence in a safe, evidence vault, or locker where others do not have access. 9. Keep the chain of custody short because each person having an item in his or her

possession may be required to testify in court.

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CONTAINERS

Various types of containers may be used for items of physical evidence. Try to suit containers to the items. Always use clean, new containers to prevent contamination. (Figure 2).

• Paper envelopes and paper bags are suitable for enclosing paper items and apothecary folds containing small, dry, or powdery material. (Figure 3).

• Vials, pill boxes, or match boxes are suitable for most small items.

• Bags or paper can be sealed around the end or over areas of large items, such as tools, safes, and vehicle bumpers to prevent loss of adhering evidence.

• Plastic zipper bags are suitable for small, dry objects not requiring serological, DNA, or microanalysis examination. Do not put damp or biological items in plastic bags as bacteria or fungus may grow.

• Seal containers with sealing tape to prevent loss, contamination, or access by unauthorized persons.

• Avoid staples as they may tear gloves or puncture the skin.

• Instructions regarding containers used for specific types of evidence are found in the various sections of this manual.

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Figure 2—Selecting Proper Evidence Container Use care in the selection of containers for items of physical evidence. Particular requirements of a specific type of evidence are found in the appropriate section of this manual.

Figure 3—Paper Packets For Trace Evidence Submission

Paper packets are useful for collecting most types of trace evidence such as paint, glass, soil, hair, fibers, and other debris. Gently place or move the evidence to the center, then fold the paper so that no edges are left open. Tape the small packet securely and label appropriately.

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V. SAFETY CONSIDERATIONS

Much of the evidence collected by law enforcement agencies is potentially hazardous. The hazards relate to the types of exposure individuals have with the items of evidence. Four common methods of exposure are inhalation, absorption, ingestion, and injection. The risk of exposure can be reduced by the selection of appropriate packaging materials and the placement of hazard warnings on the exterior of the evidence containers. 1. Packaging of Liquid Body Fluid Samples

A. Liquid blood and urine should be packaged in a crush-proof container that will contain all contents and prevent leakage during handling, storage, and transport.

B. Label with the international biohazard symbol and warning label. C. For transport information, see Mailing/Commercial Carriers information on page 12.

2. Labeling of Biohazard Evidence

Mark all exterior packages with the international biohazard symbol and label if the package contains liquid or dried blood, body-packed contraband, hands or fingers, syringes, or body fluids (semen, vaginal fluid, urine).

3. Packaging of Sharps

A. A sharp is any object or device capable of puncturing the skin. Injection of a bloodborne pathogen such as HIV (AIDS virus), HBV (hepatitis virus), and others can occur by the accidental exposure to blood or body-fluid-contaminated sharps. Sharps include glass tubes, razor blades, scalpel blades, knives, hypodermic syringes and needles, and other items capable of cutting or penetrating the skin.

B. Blood or body-fluid-contaminated sharps 1. Because of the possibility of an accidental needle puncture, hypodermic syringes

continue to pose a health and safety threat both to contributors and to laboratory personnel. The laboratory will only accept syringe evidence when it is the only evidence in the case and only with prior approval of the regional director or designee.

2. Package in rigid, puncture-resistant, leak-proof containers. 3. Use the international biohazard symbol and label with the words, WARNING:

CONTAINS SHARPS. 4. For examples of packaging using the biohazard symbol, see page 34.

C. Sharps not contaminated with blood or body fluids 1. Package glass to prevent breakage; secure knives, razor blades, etc., within cardboard

or similar support or in boxes. 2. Label with the words, WARNING: CONTAINS SHARPS.

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4. Packaging of Firearms

A. Unload all firearms prior to packaging, if possible. Use metal gun safes for the submission of loaded firearms. Loaded firearms must be hand delivered to the laboratory for submission.

B. Label with the words, WARNING: LOADED FIREARM. 5. Flammables and Hazardous Materials

Consult with the laboratory before submitting any of these items for examination. 6. Plant Material

Package dried plant material in paper bags or boxes. Storage and packaging of freshly cut or moist plant material in plastic facilitates the development of mold. Not only does the mold make analysis more difficult, it may also change the condition of the plant material and make it unsuitable for analysis. Additionally, the inhalation of mold spores may cause respiratory problems.

7. Mailing/Commercial Carriers

A. Certain regulations of the U.S. Postal Service cover the mailing of certain types of evidence. 1. Liquid biological fluids such as urine or blood specimens must be packaged in a

securely sealed primary container with sufficient shock-resistant material to withstand shock and pressure changes. An absorbent material should surround the primary container or otherwise be configured to take up the contents in case of a leakage. There should also be an outer shipping container with secondary leak-proof materials so that, if there is leakage of the primary container during shipment, the contents will not escape from the outer container. (Figures 4 and 5).

In summary: Primary container must seal securely and be leak proof. Absorbent material must surround primary container in sufficient volume to

absorb entire contents. Secondary container must seal securely and be leak proof. Shipping container must be constructed of fiber board or other crush-proof

material.

2. Unloaded firearms may be sent registered mail. 3. The U.S. Post Office will not transport human remains or body parts. 4. Flammables and hazardous materials have specific regulations governing their

mailing. Consult with the U.S. Post Office and the laboratory before sending any of these items to the laboratory.

B. Commercial carriers may have additional regulations and should be consulted regarding their individual requirements.

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The packaging and marking requirements for evidence of blood and body fluids are based on the OSHA Bloodborne Pathogen Standards, CFR Title 29 1910.1030, and on U.S. Postal Regulations, Domestic Mail Manual, C010. Other courier services may have additional requirements.

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VI. HOW TO SUBMIT EVIDENCE

Several methods may be used to submit evidence to the laboratory. The method selected will depend upon the type and size of the item, the urgency, or the complexity of the case. Whatever method is used, take care to assure that the evidence will not be lost, damaged, or contaminated, and that the chain of custody is as short as possible. A. Identifying Information Required

Items may be brought to the laboratory in person or sent by common carrier. Certain information must accompany exhibits to ensure that the proper examinations are conducted and that accurate records are maintained. A completed examination request form should accompany the items submitted. This form may be a multiple-copy Request for Examination of Physical Evidence form available from any FDLE crime laboratory, or an Evidence Submission Form printed using the Common Evidence Intake Module (CEIM) software and diskette, or a letter containing the following information:

1. name of subject, if applicable 2. name of victim, if applicable 3. offense and offense date 4. agency submitting evidence and agency case number 5. name and phone number of officer submitting evidence and to whom reports should be

sent and/or evidence returned 6. list of item(s) and location of item(s) recovered (Describe what is questionable evidence

and what is known evidence.) 7. type of examination desired 8. brief summary of the details of the case that are pertinent to the laboratory examination 9. notes concerning any accidental or intentional changes to the items made by the

investigator 10. laboratory case number if items are additional evidence for a case already submitted to

the crime laboratory B. Packaging and Marking for Delivery

1. Mark each item clearly when possible and put in separate containers to prevent cross-

contamination. 2. Label each container with your agency case number and the item/exhibit number. 3. When mailing or shipping, pack securely in a box to prevent damage and seal the box.

Place request form or letter in an envelope and attach to the outside of the sealed package.

4. The minimum size of the outer packaging should be 4 1/2" x 7". This is to accommodate the Evidence Management System (EMS) label, evidence tape, marks, etc.

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5. If possible, for cases in which more than one section of the lab will be examining evidence, package the evidence separately for each section. This will expedite handling within the laboratory.

6. Note any special warnings on the package: WARNING: Liquid blood inside. Refrigerate upon arrival. WARNING: Hepatitis (HBV) or AIDS (HIV) Positive WARNING: Biological Hazards WARNING: Hypodermic Needle(s) WARNING: Glass WARNING: Sharps (Scalpels) WARNING: Loaded Weapon

7. Package liquid blood and urine samples in crush-proof containers, in zipper-lock bags with absorbent material to contain any spills or leaks, and then into manila envelopes or similar containers. Follow the additional instructions for mail delivery or delivery in person.

In summary: Primary container must securely seal and be leak proof. Absorbent material must surround primary container in sufficient volume to absorb

entire contents. Secondary container must securely seal and be leak proof. Shipping container must be constructed of fiber board or other crush-proof material.

8. Put the biohazard warning symbol on all packages containing evidence contaminated

with blood or body fluids and label with warning information. 9. Sharps, such as knives or scalpels, must be packaged in puncture-proof containers. 10. See page 6 for the mailing addresses for all the crime laboratories.

C. Delivery in Person

1. Personal delivery of evidence is often the best method in complex or large cases. 2. Location of the FDLE crime laboratories are found on page 6. Make prior arrangements

with the laboratory for evidence delivered before 8 a.m. or after 5 p.m.

In summary: Primary container must seal securely and be leak proof. Absorbent material must surround primary container in sufficient volume to absorb

entire contents. Secondary container must seal securely and be leak proof. Shipping container must be constructed of fiber board or other crush-proof material.

3. Package liquid blood and urine samples for delivery in person in crush-proof and leak-

proof packaging with absorbent material. This leak-proof package may be a plastic container with a snap-tight lid, used only for transport and not left at the laboratory.

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Apply the biohazard warning symbol and label to the outside of the container. (Figures 4 and 5). Packaging should be at least as stringent as U.S. postal regulations.

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Figure 4 and Figure 5—Packaging Evidence This packaging is an example of possible ways in which evidence can be packaged. Liquid and body fluids should be packaged in leak-proof packaging with absorbent material. See the text for additional explanations.

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D. Mailing

1. Use certified mail and return receipt when mailing most exhibits. 2. Use registered mail and return receipt when mailing controlled substances, firearms, or

exhibits of large monetary value.

In summary: • Primary container must seal securely and be leak proof. • Absorbent material must surround primary container in sufficient volume to absorb

entire contents. • Secondary container must seal securely and be leak proof. • Shipping container must be constructed of fiber board or other crush-proof material.

3. Use express mail for packaged liquid blood and urine samples for delivery the following

day. Use crush-proof and leak-proof packaging with absorbent material for mailing. The primary container must be placed in an outer shipping container with secondary leak-proof materials. Apply the biohazard warning symbol and label to the outside of the container. (Figures 4 and 5).

E. Submission of Large Items

An automobile to be examined externally should be driven as little as possible. If it is necessary to transport it a long distance, deliver it in a covered truck or trailer. Contact the laboratory’s Crime Scene Section regarding the submission of automobiles for examination prior to transport to the laboratory. An automobile to be examined internally for blood, hair, fibers, or fingerprints should not be driven. Access to the interior should be limited to reduce the possibility of contamination.

F. Return of Evidence by the Laboratory

1. Upon completion of examinations, the crime laboratory will normally return evidence to the submitting agency.

2. Evidence will be returned routinely only to a representative of the original submitting agency. With direct written authorization from the original submitting agency, the crime laboratory may return evidence to representatives of other agencies.

3. Large quantities of controlled substances will not be returned by mail. The submitting agency should make arrangements to pick up such evidence at the laboratory.

G. Instructions for Use of Forms

1. Submit a completed FDLE Examination Request form, a printed CEIM form and diskette, or letter with evidence to the laboratory.

2. There are several types of examination request forms: a. The Common Evidence Intake Module (CEIM) is a stand-alone software

application developed as an alternative method for data entry into the Evidence Management System (EMS). The purpose of CEIM is to provide standard methods

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and processing for managing evidence collection and submission to FDLE. A CEIM case represents a single case handled by an agency. (Figure 6). Please refer to the CEIM manual for specific instructions for submission of a case.

b. The Request for Examination of Physical Evidence Form is used when submitting all evidence to the crime laboratory requiring analysis and/or examination. (Figure 7).

c. The Request for Automated Latent Fingerprint Entry Only Form is used when submitting unidentified latent fingerprints from crime scenes to be searched against the state-maintained database of fingerprint records. When specific comparisons with known suspects are requested, use the Request for Examination of Physical Evidence Form, and the crime laboratory will generate the AFIS form when the comparisons have been completed. Conduct elimination comparisons prior to submission of latent prints, if possible. This form serves as a letter of transmittal from the contributor, and the crime laboratory will return it to the contributor as the official laboratory report. (Figure 8).

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Figure 6—Sample CEIM Form Common Evidence Intake Module

3. Complete the appropriate form in accordance with instructions. If the evidence is mailed,

do not tear off the pink contributor receipt. The crime laboratory will return this receipt to the contributing agency after receipt of the items and will note the laboratory number, date received, and the name of the person who received the items. Make a photocopy of the form prior to submitting it with the evidence.

4. Keep the forms legible and neat, because they could be used in court.

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5. In some situations where many items are submitted or a complex examination is required, use as many additional forms as necessary. It is not necessary to fill out the top portion of the additional forms. Number the pages to indicate that they are a continuation of the original form.

6. Use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas.

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VII. PHYSICAL EVIDENCE EXAMINATIONS

A. AFIS—AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

The Automated Fingerprint Identification System (AFIS) is a computerized system capable of reading, classifying, matching, and storing fingerprints for every criminal justice agency in the state of Florida. AFIS-quality latent fingerprints are entered into the AFIS for a search for possible matches against the state-maintained database for fingerprint records. By examining the evidence submitted, the laboratory may be able to

determine the presence of AFIS-quality fingerprints on evidence (photographs, latent lifts, and/or negatives) for possible AFIS entry

establish the identity of unknown deceased persons 1. Collection and Submission of Evidence

All AFIS cases must be submitted with an AFIS case tracking form (Figure 8) or through the AFIS category of the FDLE Common Evidence Intake Module (CEIM). This form serves as case information, documentation of evidence received, preliminary report, and receipt for disposition of evidence. a. Case information should include the number of latent lifts, photographs, negatives, and/or

fingerprint cards submitted, the case summary, and information regarding the location of the latent prints lifted. Use this AFIS form when submitting fingerprint cards of unknown deceased persons and when there is a question of the true identity of a subject.

b. A copy of the AFIS case tracking form will serve as documentation of evidence received and will be given or mailed to the contributor for chain-of-custody documentation.

c. A copy of the AFIS case tracking form will serve as a preliminary report and evidence receipt to the contributors and will be returned with the evidence.

2. AFIS Screening for Quality Latent Prints

This service is being offered to contributors who have numerous AFIS cases for AFIS submission. The crime laboratory will accept requests for screening AFIS cases for AFIS quality latent fingerprints before completion of the initial paperwork. Contributors should schedule a time with their regional laboratory to hand deliver their AFIS cases for AFIS quality latent print screening. For AFIS cases in which there are no latent prints of AFIS quality, the crime laboratory will return those cases to the contributors, and no transactions are required. The necessary paperwork for the remaining AFIS quality cases will be completed and turned over to the Evidence Section for submission.

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3. Evidence Not Acceptable for AFIS Submission

Submit items requiring physical processing with an Examination of Physical Evidence form (Figure 7) or through the Examination of Physical Evidence category of the FDLE CEIM: a. any item(s) requiring physical processing b. fingerprint cards of known subject(s)

4. Unidentified Latent Prints

a. The quality of the latent fingerprint(s) submitted will determine storage of unidentified

latent fingerprints. b. The crime laboratory will consider unidentified latent fingerprints of good quality for

entry into the unidentified latent fingerprint database and will be searched daily against new fingerprint records being added to the main fingerprint database.

c. If an identification is effected as a result of this search, the crime laboratory will notify the submitting agency in an official laboratory report. In the event the contributing agency should identify any latent fingerprints that have been submitted to the laboratory for an AFIS search, or if the case that was submitted is cleared, the agency should notify the laboratory so these latent fingerprints can be purged from the unidentified latent fingerprint database.

B. ARSON

For arson cases please contact the State Fire Marshall’s Office

Fire and Arson Lab 38 Academy Drive Havana, FL 32333

Phone: (850) 539-8446

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Figure 7—Sample Submission Form Request for Examination of Physical Evidence

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Figure 8—Sample Submission Form for AFIS Request for Automated Latent Fingerprint Entry Only

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C. BLOOD

See Section T. Serology/DNA

D. COMPUTER EVIDENCE RECOVERY Computers are commonly found at crime scenes and can often store vital evidence. Use caution in the collection of computer evidence due to the volatile nature of this technology. Types of computer equipment and media examined by the FDLE laboratory include personal computers, various network systems, personal digital assistants (PDAs), various floppy and removable disks, tapes, digital cameras, and other data storage media. Evidence contributors should contact the laboratory prior to submitting such items to verify acceptability. Do NOT examine the contents or files on the computer. Doing so can and will jeopardize your case due to the changes made by the computer to the date and time stamps placed on computer files. The Computer Evidence Recovery (CER) laboratory units can perform the following:

Gain access to information stored on computers systems, media, and related items. This may include recovering passwords or circumventing schemes designed to prevent access.

Retrieve and preserve information from computers, media, or related items. Information may be in the form of documents, graphic illustrations, photographs, or video projections.

Attempt to recover information that has been deleted, hidden, or encrypted. Provide consultation to agencies regarding computer crimes and seizure techniques. Provide training to agencies on crime scene processing of computers and other related

topics. 1. Collection of Computer Evidence

a. Additional items are needed for the collection of computer evidence. The following items

should be available at the crime scene.

long, narrow, stick-on labels blank disks (all sizes) envelopes and/or paper bags digital or still camera large plastic bags and/or boxes computer tool kit

b. If the computer is on and you want to save information in memory but are not sure how

to proceed, contact the CER Section for further assistance. If the computer has a modem or network connection (either internal or external), a communications line may be attached to the back of the computer. Disconnect this line to prevent the deletion of data from a remote location. After the computer is turned off, disconnect the power cords.

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c. If the computer is off, do not turn it on at the scene. d. If possible, photograph the front and back of the Central Processing Unit (CPU), monitor,

and keyboard. Many times passwords are written on or around the computer work area. Pay close attention and document any potential password information that is found.

e. Using adhesive labels, attach numbered labels to all cables and their associated connecting points, i.e., 1-1, 2-2, 3-3, etc. (Figure 9). This includes monitor, keyboard, printer, mouse, and any other item that will be disconnected. Label to simplify reconnecting the system in the laboratory.

f. Disconnect all the cables from the computer and carefully place inside a large sealable plastic bag or cardboard box. Seal item and label as fragile.

g. Floppy diskettes and other removable media require special attention during the collection phase. This media could be found in a variety of locations at a crime scene. Browse through manuals or other papers looking for diskettes. If practical, remove diskettes from manuals and note where found. Diskettes should be separated from other items and treated as fragile.

h. There are a number of different types of external drives. If such drives use removable media, the media should be removed prior to packaging the drive for transporting. Removed media should be marked to indicate that it was removed from the drive.

2. Packaging and Transporting Evidence

a. Computers are delicate electronic equipment and must be protected from sudden shocks, dirt, magnetic fields, and other environmental factors. Computers should be secured in a way that prevents shifting during transport.

b. If the original containers are available, use them for the packaging. If possible, package the computer in a box with Styrofoam or foam rubber padding. NOTE: All evidence to be submitted to the FDLE laboratory system for examination must be properly sealed before it will be accepted.

c. Normally, computer manuals require no special handling. However, if the manuals contain computer media, precautions used for computers also apply. Manuals should be sealed either in boxes, plastic bags, or paper bags.

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DO’S and DON’TS

• DO call the CER Section with any questions prior to or during the collection of computer evidence.

• DO label and photograph all computer connections.

• DO submit all operation manuals with the computer items whenever possible.

• DON’T expose computers or magnetic media to large magnetic fields or rough handling.

• DON’T examine the contents or files on the computer.

Figure 9—Computer Evidence Recovery

Using labels to number cables and corresponding ports at the crime scene makes reconnecting the computer at the crime lab simple. (1-1, 2-2, 3-3, etc.)

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E. CONTROLLED SUBSTANCES

Laboratory examination of evidence will determine

the presence or absence of controlled substances the amount of controlled substance present as required by law or by special request

1. Collection and Submission of Evidence

a. Each exhibit should be marked with a unique exhibit number and initialed in such a way

that it will be easily identifiable. Package each exhibit in an appropriately sized container. When latent fingerprint examinations are to be requested, the marking should be small and placed in an area less likely to interfere with such an examination.

b. If latent fingerprint examinations are desired on wrapping materials, the wrappings should be separated before submission to the laboratory for latent print analysis.

c. Complete the FDLE Physical Form/Case Tracking form or CEIM listing every exhibit and what examinations are requested on each exhibit. If there is more than one type of tablet or capsule per exhibit, give a one-line description of each type so the analyst may report the type of drug contained in each tablet or capsule. Describe the shape, color, and marking of each type of tablet or capsule.

d. After checking the list of exhibits with the exhibits to be submitted, seal the package containing the exhibits to prevent samples from mixing.

e. Place the evidence form in an envelope on the outside of the package. Mail all drugs via registered mail with return receipt requested to comply with U.S. postal regulations.

f. If hand delivering the exhibits, do not enclose the evidence form or CEIM in the sealed package. These procedures will keep the crime lab evidence personnel from being involved in the chain of custody.

g. The crime laboratories no longer accept large quantities of controlled substances unless the weight is close to a trafficking level. See F.S. § 893.135. Only representative samples will be accepted for analysis. Contact the laboratory for assistance in using sampling procedures outlined in the following pages.

h. Weigh the items on scales that have been inspected and certified as accurate. i. Please advise the laboratory if any items being submitted have been recovered from a

body cavity, or may be contaminated with biological hazards. j. Mark contaminated evidence with the biohazard warning label and symbol. k. Do not submit field test kits. Field test kits can leak and damage evidence.

2. Guidelines for Sampling and Weighing Seizures of Growing Marijuana

Sampling a. Individuals collecting marijuana should be familiar with the appearance of the growing

plant so that only marijuana is collected. b. Remove the dirt by cutting the roots from the plant before it is weighed and submitted to

the laboratory. c. Estimate the total number of the plants in the field and divide the estimate by 50. The

answer is how often samples should be taken. If it is estimated that a field contains 2,300

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plants, divide by 50, and the result is 46. This means that a sample should be taken from each 46th plant that is collected.

d. To take the samples, cut off the top six inches of the plant and place it in a paper bag—NOT a plastic bag.

e. If there are more than 40 samples, remove every fifth sample. If there are still more than 40 samples, repeat the process until only 30 to 40 samples are left. Submit these 30 or 40 samples to the laboratory.

Weighing Obtain the net weight of the plants excluding the dirt on the roots and the weight of the container. a. Weigh the plants and the container together. The container may be bags, boxes, or a

truck. If a truck is used, be sure the fuel tank is topped off for each weighing. If someone must remain in the truck, the same person should stay with the truck for each weighing.

b. Remove the plants for destruction, saving all containers. c. Weigh the containers. d. Subtract the weight of the containers from the weight of the plants and the containers.

This is the weight of the plants. 3. Guidelines for Sampling and Weighing Large Packages of Marijuana

Sampling—Cases Involving 30 Large Packages or Less a. Take a handful-sized sample from each package. b. Write the weight of the package from which the sample was taken on the outside of each

sample container. c. Package samples individually in paper bags and do not combine prior to analysis. Sampling—Cases Involving 31 Large Packages or More a. Take a handful-sized sample from randomly selected packages using the chart below to

determine the number of packages to sample.

TOTAL PACKAGES NUMBER OF PACKAGES TO SAMPLE 31-50 every other package 51-100 every 3rd package 101-200 every 5th package 201-400 every 8th package 401 and above every 10th package

b. Write the weight of the package from which the sample was taken on the outside of each

sample container. c. Package samples individually in paper bags and do not combine prior to analysis.

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Weighing Obtain the total weight of the marijuana plus the packaging. If this weight is only slightly over the trafficking break points of 25, 2,000, or 10,000 pounds, then determine the weight of the marijuana without the packaging. a. Weigh wrappings and marijuana together. b. When opening the wrappings for destruction, take samples as previously explained, and

save the wrappings. c. Weigh the wrappings. d. Subtract the weight of the wrappings from the weight of the marijuana plus wrappings.

The remainder is the weight of the marijuana. e. Record the weights of each large package.

4. Guidelines for Sampling and Weighing Powder Seizures

(In Excess of One Ounce) Note: Submit all foils, plastic corners, and refilled capsules to the laboratory if it appears the trafficking statute (F.S. § 893.135) may be applied. Do not empty and mix the contents. The net weight of powder will be determined at the laboratory.

Sampling a. Submit a tablespoon of powder from each container to the laboratory. If both powder and

chunks are present, the sample should contain some of each. b. Write the total weight of the powder in the item on the container holding the sample from

that item. c. Package samples individually. Do not combine samples from different items prior to

analysis. d. Plastic bags are recommended for powder samples.

Weighing Obtain the weight of the powder for each item without the packaging. a. Weigh wrappings and powder together. b. Open the wrappings, remove the powder as completely as possible. c. Weigh the wrappings. d. Subtract the weight of the wrappings from the weight of the powder plus wrappings. The

remainder is the weight of the powder. 5. Guidelines for Sampling and Weighing Tablets and Capsules

(In Excess of 1,000 Doses)

Sampling a. Randomly take 10% of the tablets or capsules from each item to be submitted to the

laboratory. If there are different types of tablets or capsules present in the same item, submit 10% of each item.

b. Write the total weight of the tablets or capsules in the item on the container holding the sample from that item.

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c. Package samples individually. Do not combine samples from different items prior to analysis.

d. Plastic bags are recommended for tablets or capsules. e. If the total number of tablets or capsules exceeds 10,000, or if a trafficking substance is

suspected, please contact the nearest laboratory before sampling.

Weighing Obtain the total weight of each type of tablet or capsule for each item without the packaging. a. Separate each type of tablet or capsule into groups. b. Weigh each group.

6. Drying and Packaging Fresh Plant Material

To assist the analyst in properly identifying a fresh sample of suspected cannabis (marijuana), take the following steps before sending the samples to the laboratory (Figure 10):

a. Dry the fresh green plant material until the leaves are crisp. Plant material that is not

dried correctly can produce mold, may prevent identification, and can create health hazards.

b. If a whole plant is being submitted, remove all the soil and foreign material. c. Package the dried material in a paper bag, manila envelope, or box, label appropriately,

and submit to the laboratory. d. Never package plant material in plastic bags.

7. Packaging Drug Paraphernalia

When packaging paraphernalia that has been used to administer drugs, package and seal each exhibit separately to prevent cross-contamination of the different items. The amount of drug residue present on these items is typically very small, and possible cross-contamination makes it difficult to say with certainty on which item the drug residue was originally present. Items found in contact with each other may be packaged together. Because of the possibility of an accidental needle puncture, hypodermic syringes with needles continue to pose a health and safety threat both to contributors and to laboratory personnel. The sharing of contaminated syringes between drug users is one of the methods of transmission of HIV/AIDS, hepatitis, and other communicable diseases. Due to these health concerns, the laboratory will only accept syringe evidence when it is the only evidence in the case and only with prior approval of the regional director or designee. a. The potential for exposure to diseases is greatly increased when syringes are

inappropriately packaged for submission to the laboratory. The following procedure must be followed when submitting a syringe:

If the syringe is confiscated with the needle cover intact, submit the entire syringe

assembly by following the remaining instructions.

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If the needle is exposed when confiscated, push it into a cork to cover the end of the needle. Do not hold the cork in your hand while inserting the needle. Use pliers or another tool to keep your hands away from the needle. Many accidental needle sticks occur when recapping or covering needles. (Figure 11).

Package the syringe in a sturdy, crush-proof, puncture-proof container, such as a clear plastic syringe holder or mailing tube. If the needle is still present, clearly label the container with the words, WARNING: SYRINGE NEEDLE, and the biohazard symbol.

b. Package cookers with cotton filters when found together. c. Place pipes in a separate plastic bags.

8. Seizure of a Clandestine Laboratory The Drug Enforcement Administration office near you is best prepared to assist in the search.

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DO’S and DON’TS

• DO use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas.

• DO completely dry all wet or freshly cut plant materials before packing.

• DO separate latent fingerprint evidence (wrappings) from drug evidence before submission.

• DO package items for examination separately in appropriately sized containers and seal the outer container for the group of items to protect chain or custody.

• DO package sharp objects in clearly labeled, puncture-proof packages.

• DO attach the submission form to the outside of the sealed package to protect the chain of custody.

• DO advise the laboratory if any items being submitted have been recovered from a body cavity or may be contaminated with biological hazards.

• DON’T submit syringe needles unless prior arrangements are made with the laboratory.

• DON’T use plastic bags for packaging wet or freshly cut plant materials. They will mold.

• DON’T submit extraneous items not necessary for examination.

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Figure 10—Incorrect and Correct Method of Packaging Fresh Plant Material

Place fresh plant material in a paper container after drying to prevent spoilage of the evidence. The effect of spoilage is illustrated.

Figure 11—Proper Submission of Paraphernalia Evidence If a syringe is the only evidence in a case, submit it with needle covers or corks protecting the needle in a puncture-proof, properly labeled, sharps container. Contact the regional director or designee prior to submission to the crime laboratory.

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F. DNA DATABASE OVERVIEW

The FDLE DNA Investigative Support Database was created by F.S. § 943.325. The law requires that individuals, including juveniles, convicted of certain offenses, or attempted offenses, submit biological specimens to the FDLE DNA database. Currently, the DNA database accepts biological samples from individuals convicted of offenses or attempted offenses under the following statutes:

s. 782.04 Homicide s. 784.045 Aggravated Battery s. 782.07 Manslaughter ch. 787 Kidnapping ch. 794 Sexual Assaults ch. 800 Lewdness; Indecent Exposure s. 810.02 Burglary s. 812.13 Robbery s. 812.131 Robbery by Sudden Snatching s. 812.133 Carjacking s. 812.135 Home Invasion Robbery

During the 2001 legislative session, the DNA database received legislative authority to collect from all convicted felons. The collection from all felons will be implemented over a five-year period with final additions starting July 1, 2005. Please contact the DNA Database Section as these changes are implemented. As outlined in F.S. § 943.325 (effective July 1, 2003), responsibility for sample collection is shared between the Florida Department of Corrections, county level and juvenile correctional systems, and the Sheriffs. For individuals sentenced to incarceration, the entity in charge of the correctional or juvenile facility is responsible for biological specimen collection as part of the regular processing of committed offenders. For individuals sentenced to incarceration in one of Florida’s state correctional institutions, sample collection is the responsibility of the Florida Department of Corrections. For persons who are not incarcerated following conviction, the Sheriff or his or her designee is responsible for sample collection prior to the release of the subject from the custody of the court. Upon receipt, the laboratory processes and prepares samples for long-term storage. The samples are analyzed and the results entered into the DNA Investigative Support Database. Crime laboratories throughout the state may forward the results of DNA analyses performed on questioned samples from unresolved cases to Tallahassee for comparison to samples in the DNA database. In the event of a match, the results will be reported to the crime laboratory submitting the questioned sample. Samples from convicted offenders are not considered evidence and are not treated as evidence. A DNA database match between a casework sample and a convicted offender sample serves as probable cause for the investigator to obtain a search warrant for a new biological sample. The new sample will be used as the standard, and the same laboratory that performed the original casework should conduct this analysis as well. FDLE will retain DNA database samples

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indefinitely. This will aid both future and past investigations. It also provides the ability to reanalyze samples as new technologies are developed. FDLE supplies biological specimen collection kits for DNA database submissions to all submitting agencies free of charge. Collect the biological specimen using an FDLE database-approved collection kit. Agencies may order the kits by telephone, fax, or e-mail. However, these kits are for DNA database use only and should NOT be used for evidence collection and submission. All information possible must be completed by the collection agency before shipping the collection kit to the FDLE DNA Investigative Support Database. The failure to include crucial information in the collection kit could prevent samples from being entered into the DNA Database and will result in destruction of the samples. Figure 12 contains a sample form. The collection kit information should be completed prior to or just after the collection of the biological sample. Contact the FDLE DNA Database Section in Tallahassee at (850) 410-7721, if you have any questions. IMPORTANT NOTE The laboratory will NOT enter samples into the DNA database without inked thumbprints from the offender. Failure to include legible thumbprints on the submission form will result in destruction of the sample. Samples will NOT be accepted without legible thumbprints. There are times when fingerprints are positively essential. For example, a match might occur between offenders who appear to have the same DNA profile but different names. This can easily happen if samples from the same individual are submitted twice over a period of time—once under an alias and once under a true name. All such occurrences to date have been resolved. They would have been extremely difficult to resolve, however, without the use of fingerprints. 1. Collection and Submission of Offender Specimens

a. Each kit contains specimen collection and shipping instructions. Collect the biological specimen using an FDLE database-approved collection kit.

b. Do not detach the oral swab envelope from the collection kit. The entire intact kit should be mailed using the self-addressed envelope supplied in the collection kit.

c. Ship or deliver the collection kits to the FDLE Tallahassee Regional Crime Laboratory as soon as possible after collection. Maintain completed collection kits in a cool dry place and do not expose to extremes in temperature until the samples may be shipped. Note: Blood specimens should never be frozen.

d. To determine whether a biological specimen from a particular offender has already been submitted to the DNA database, you may access the DNA database site on the CJNet or contact the DNA database at FDLE headquarters in Tallahassee.

e. For additional information or questions, please contact the FDLE DNA Database Section at FDLE headquarters in Tallahassee at (850) 410-7721.

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DO’S and DON’TS • DO use the FDLE DNA database-approved collection kit and

submission forms.

• DO send all convicted offender DNA database specimens to the Tallahassee Regional Crime Laboratory, DNA Database Section.

• DO include legible thumbprints on the submission form—this is required.

• DO call FDLE if you have any questions prior to submission. By checking with FDLE beforehand, situations that require a recollection or specimen rejection can usually be avoided.

• DON’T submit biological specimens without completing the required information.

• DON’T use convicted offender DNA database collection kits for submission of evidence—doing so could jeopardize the integrity of your evidence submission.

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Figure 12—Request for DNA Database Entry

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G. FIBERS, FABRICS, AND FABRIC MARKS

Fibers, yarns, and pieces of fabric that come from items such as garments, carpet, upholstery, ropes, or other common objects are often used as evidence of association between persons, crime scenes, and objects. Examination of these items may show

that a weapon retains fibers like the victim’s garment the possibility that fibers and threads from a scene originated from a subject’s clothing possible contact between individuals or between individuals and objects such as vehicles that a piece of torn fabric originated from a particular damaged garment that a piece of rope from a scene is consistent with rope from a subject

1. Collection and Submission of Evidence

a. Cross-transfer of fibers between the clothing of the victim and the assailant may take place in incidents of homicide, assault, and other crimes against persons. It may be possible to indicate contact between two individuals by comparing transferred fibers. It may also be possible to find evidence of association between the clothing of a subject and a textile material, e.g., carpet, at a particular scene. These types of fiber transfers are not visible to the unaided eye, and the items must be examined at the laboratory. Therefore, whenever fiber or fabric evidence is required, submit all appropriate clothing to the laboratory for use as standards. This will permit comparison of any transferred fibers. Handle as little and as carefully as possible to prevent loss and possible contamination. Package each item separately in brown paper bags, and do not allow subject and victim clothing to contaminate each other. Seal the top of the package by folding and taping the entire opening. Do not staple the opening because this creates holes where fibers can escape. The integrity of the sealed package is critical, and violation of a sealed item may render it contaminated and not valid for fiber examinations.

b. Threads or long fibers may be picked up with tweezers and sealed in a manila envelope. Tape is not recommended for collecting fibrous evidence. If the fibers are short, few in number, fused to an object, or not readily visible, try to send the entire item in a sealed package to the laboratory.

c. Pieces of cloth may be found under the subject vehicle in hit-and-run cases. Additionally, fabric marks often result from the impact between the car and the victim’s clothing. These marks can appear as a series of striations or as a complete weave pattern. At times, fibers may be found embedded in the vehicle’s paint in a fabric mark. Paint from the vehicle can also be transferred to the clothing of the victim. Embedded fibers, particularly when fused or melted, are difficult to see. Side lighting and a magnifying lens may be helpful. If the fabric mark or fibers are found on an area that can reasonably be removed, submit that area to the laboratory, or submit the entire vehicle. Preserve fabric mark impressions intact using cardboard or other heavy paper materials over the damaged areas sealed at the edges. Place the entire vehicle part in a box or packaging paper and sealed. Transport bumpers, hoods, or the entire vehicle to the laboratory for the microscopic analysis because there may be fused or imbedded fibers present. If the area of the vehicle cannot be reasonably removed, photograph the damaged vehicle areas first.

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Indicate the position of dents and abrasions. It is important to collect fabric marks, embedded fibers, and paint samples from each damaged area of the vehicle. When photographing fabric marks, use a tripod for maximum sharpness and detail. Also, the plane of the lens should be parallel to the surface bearing the mark. Include a scale (a small ruler) in the photograph. After photographing the mark, carefully locate and remove any fibers, collect paint samples from near the mark, and finally, dust and lift the mark.

d. Cloth evidence may be found along the path of a subject’s travel into or out of a building at a torn screen, broken window, or other sharp edges.

c. When trying to determine who was driving, look for fabric markings in areas where the subject could come in contact with the inside of the vehicle, such as the dashboard, glove compartment, steering wheel, seat belts, airbags, and door panels.

DO’S and DON’TS

• DO submit clothing from both the victim and the subject to the laboratory for comparison.

• DO mark each item of clothing or container of fibers. Note contents of package and where the items were located.

• DO package all pieces of clothing separately in paper bags after they have been dried thoroughly. Biological evidence decays rapidly when wet and sealed in plastic.

• DO include a ruler next to cloth impressions being photographed so that the size of the mark is apparent, and comparisons may be made.

• DON’T let garments of subject or victim touch each other or lay unpackaged on the same table, or else comparisons will have no value because of cross-contamination.

• DON’T try to remove fibers embedded in an item; send the entire item to the laboratory whenever possible.

Use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas.

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H. FIREARMS AND TOOL MARKS

FIREARMS

Many crimes of violence involve the use of firearms. The value of firearms and ammunition components evidence will depend to a significant degree on the recovery and submission techniques of the law enforcement investigator. The laboratory can perform the following:

examination of firearms for function and safety, including test firing in order to obtain test bullets and test cartridge cases or shotshells

comparison of fired bullets, cartridge cases, and shotshells with tests to determine if they were fired from the suspect weapon

examination of fired bullets and/or cartridge cases to determine the possible make and type of weapon involved

examination and comparison of fired bullets from unsolved major cases using an Open Case File (OCF) maintained within each laboratory and/or NIBIN system (a statewide database of bullet and cartridge case images) to other unsolved cases and tests from suspected firearms

imaging and comparing fired cartridge cases, shotshells, and tests from firearms to similar items recovered in unsolved crimes on the NIBIN system (see NIBIN section on page 46)

examination of exhibits for the presence of gunpowder patterns and shot pellet spread to determine firing distance

restoration of obliterated serial numbers 1. Collection and Submission of Evidence

a. Fired Bullets, Fragments, Pellets, and Wadding The pathologist should not use forceps or other sharp instruments to remove bullets as they may further damage the evidence. Gently rinse the bullets under running water. If a bullet is embedded in wood or some other material, remove it exercising extreme care. If it cannot be removed without damaging it, then carefully cut out the whole area around it and submit to the laboratory with the bullet in place. Recover and submit as many bullets, fragments, pellets, and pieces of wadding as possible. Do not clean or change the condition of items recovered from the scene. Investigators should not mark fired bullets, fragments, pellets, and wadding for identification because there is a danger of damaging individual characteristics. Package each item separately in an appropriate-sized, rigid container and label the container. Pellets may be packaged together if they were found in the same place. Do not seal wet exhibits in plastic or glass containers before they are thoroughly air dried. Avoid the use of glass containers for the packaging of exhibits due to potential injury to personnel from breakage.

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a. Cartridge Cases and Shotshells

Submit all cartridge cases and shotshells found. Place each exhibit in a suitable container and mark the container. All exhibits may be placed inside a single outer package for ease of submission. Shotshells may be marked with a Sharpie pen on the paper or plastic portion in an area where there are no manufacturer markings.

c. Live Rounds

Collect from the crime scene any live rounds of the same brand and type so that the laboratory can use them for testing and distance determinations. Live rounds left at the scene by the suspect may display individual characteristics that could be matched to a suspect weapon. Do not mark the rounds. Seal them in appropriate containers and mark the containers.

Figure 13—Fired Ammunition Components

d. Firearms Record the condition of the weapon before you handle it, i.e., position of hammer, safety, slide, cylinder, jammed, etc. Handle carefully to avoid loss of trace evidence or latent prints. Do not clean, dry fire, test fire, take apart, or work the action, except to unload. Never place any object in the barrel. Unload carefully and record the position of the rounds as you remove them. Submit an unloading diagram of the gun. Revolver Before opening the cylinder, mark each side of the cylinder at the top strap with a Sharpie pen or short scratch mark, being careful not to destroy latent prints or trace evidence. Open the cylinder and draw a diagram of the back view indicating which chamber was under the hammer. On the diagram, number each chamber and identify the round in it by headstamp and whether or not there is a firing pin impression. Remove each round and place it in a manila envelope numbered to correspond with the chamber from which the round was removed.

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Pistol Remove the magazine and leave the rounds in it. Remove the round from the chamber and put it in an envelope or other container and mark the container. ALWAYS submit the magazine and live rounds. Derringer Note which barrel each round came from. Remove each round and place in an appropriately marked container. Rifles and Shotguns Do not run the rounds through the action if you can avoid it. Unload the same way it is loaded. Individually package the first two rounds (the ones that would chamber next) from the fixed magazine. Remove the remaining rounds. They may be packaged together. Remove the round from the chamber and package separately and mark the package. If a weapon cannot be unloaded or there are special circumstances, call the lab and have a firearms examiner tell you how to proceed. If you bring a loaded gun into the lab, advise the evidence technician immediately. Boldly mark the package with the words, WARNING: LOADED GUN. If the firearm is found in freshwater, place it in a suitable container and cover it with the same water. Submit it to the lab as soon as possible. If the firearm is found in saltwater, it should be removed immediately and immersed in oil or other lubricating fluid to prevent rusting. Submit to the lab as soon as possible. Mark the firearm on the side of the barrel or frame. Do not mark on the muzzle or in the breechface area. Record the caliber, make, and the serial number. Live rounds removed from the firearm may be packaged with it. Boxes are the best containers for packaging guns. Paper bags tend to rip. Plastic bags are not acceptable if a latent print examination is required. When submitting a firearm to the laboratory, provide the following information: a summary of the case where or from whom the exhibits were recovered a detailed statement, if an accidental discharge is suspected, as to what the subject

was doing with the gun when it fired

e. Clothing of the Victim Note the sequence and condition of the clothing, i.e., T-shirt under flannel shirt, shirt unbuttoned, etc. Collect all clothing containing bullet holes. Handle carefully so as not to lose any gunshot residue. Clothing can be marked in any area away from the bullet holes or trace evidence. Air dry clothing on a clean piece of paper. When dry, place another

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piece of paper on top and roll or fold and place in a paper bag and seal. Package each item of clothing separately to avoid cross-contamination. Provide information as to the number and location of bullet holes in the body. When the bullet hole and powder pattern are in skin, submit a scaled photograph with no angular distortion (lens must be perpendicular to the plane of the wound and pattern), along with the medical examiner’s report. NOTE: The FDLE Crime Laboratory does not examine a subject’s clothing for gunshot residue unless there is a question of a struggle in which the gun was fired in very close proximity to the subject’s clothing.

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DO’S and DON’TS Weapons • DO record the serial number, make, and model of the weapon and mark

it for identification before sending. • DO place the weapon in a sturdy box and wrap it well to prevent shifting. • DO record on Request for Examination form or CEIM whether the

weapon is loaded or unloaded. • DO notify lab personnel if loaded weapon must be submitted. • DO submit the cartridge magazines with the pistols. • DON’T clean the bore, chamber, or cylinder before submitting the

weapon. • DON’T take the weapon apart or test-fire it before it is submitted to the

laboratory. Bullets • DO place bullets in rigid containers after wrapping in gauze or cloth to

prevent them from rattling around. Place only one bullet in each container.

• DO submit all bullets and fragments recovered. • DON’T clean bullets from crime scenes. • DON’T wrap bullets, fragments, etc., in cotton or tissue paper. • DON’T place identification marks on bullets as this could destroy marks

made by the weapon. • DON’T put bullets in an envelope. Envelopes tear easily. Cartridge Cases • DO submit all evidence cartridge cases or shotshells recovered. • DO mark shotshells on either the inside or the outside of the paper or

plastic portion. • DO place each cartridge case in a separate container. • DON’T place marks of identification on the primer end of cartridge cases

or shotshells. Ammunition • DO try to recover any unused ammunition of the same brand and type

for test firing and comparison purposes. • DO mark unused ammunition on the side of the cartridge cases near the

bullet end.

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NIBIN

National Integrated Ballistics Information Network NIBIN is a database-driven multimedia imaging system designed for bullets and cartridge cases to increase the effectiveness of the forensic firearms examiner. Using NIBIN, examiners are able to search unsolved case files, communicate with other regional laboratories, store classification data and images, and simulate a comparison microscope for comparing bullets, cartridge cases, and shotshells. This technology enables the firearms examiner to connect otherwise unrelated shooting events in the same city and/or between two different cities within Florida. In addition, by comparing test-fired bullets, cartridge cases, and shotshells from confiscated firearms, an examiner can establish a connection to a specific firearm that may also tie in to a specific suspect with complete resolution of an unsolved shooting event. Capabilities include

image capture of fired bullets, cartridge cases, and shotshells interactive side-by-side comparison that emulates a comparison microscope sharing of database information and images within FDLE laboratories and other crime

laboratories statewide automated search and retrieval of unsolved case images and fired standards

NOTE: The more firearms and ammunition components that are submitted to the laboratories and entered into the NIBIN database, the greater the chances of a hit.

TOOL MARKS Tools can often be identified from the marks they leave. These can be typified by a screwdriver used to pry open a cash box, a crowbar used on a steel door frame, a pair of bolt cutters used on a chain link fence, or a pair of wire cutters or pruning shears used on copper power lines. In each instance, the working edges of the tools can leave their individual characteristics upon the attacked surface. The laboratory can perform the following tests:

comparison of the questioned mark to suspect tools to determine if the tools did, could have, or did not make the questioned marks

determination, when possible, of the type of tool that may have made the mark comparison of tool marks from different crime scenes to determine if the same tool was

used determine that two objects were at one time joined as one

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1. Collection and Submission of Evidence

a. Tool Marks from the Crime Scene Do not try to fit anything into the mark as this will damage the individual characteristics that may be present. Take an overall photograph of the item containing the mark and the item’s surroundings. Whenever possible, submit the item containing the tool marks. Place your identifying mark in an area away from the tool marks. If the object is too small to mark, i.e., a broken screwdriver tip, or if you have casts, put them in an appropriate-sized container and label the container. Package the tool marks in such a way that they will not be damaged or contaminated. Package and seal the whole item, when possible, and package each item separately. If the item is too large, cover the tool mark area with cardboard to protect it. Never tape directly over the marks.

b. Suspect Tools

Handle carefully to avoid damage and loss or contamination of trace evidence. Do not attempt to fit the suspect tool into the questioned tool mark. Do not clean the suspect tools. Put your identifying marks in an area away from the acting edges of the tool. Package the tools to prevent the loss of trace evidence and to protect the acting edges from damage. The acting edges may be wrapped with paper and the paper secured to the shaft of the tool with tape. Do not put tape directly on the acting edges. Package each tool separately. Do not put the tools in the same container as the tool marks. When possible, submit only the tools that exhibit class characteristics similar to those of the questioned tool marks. If in doubt, call the lab for advice.

DO’S and DON’TS

• DO protect all areas of tools that may contain trace evidence with plastic bags or other wrappings.

• DO submit the entire object with the tool mark to the laboratory if possible. If not, photograph the mark in its location, then remove the damaged area for submission to the laboratory.

• DON’T attempt to fit tools into evidence damage marks.

• DON’T use the suspect tools for any reason.

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I. FRACTURED MATERIALS

It is possible to examine fractured, torn, or cut items to determine whether or not they at one time formed a single, intact item. These items may include broken car parts, knives, tapes, lenses, boards, etc. Each piece of the item in question should be packaged separately taking care to avoid any further damage to the fractured surfaces of the pieces.

DO’S and DON’TS

• DO label where items originated.

• DO protect all fractured surfaces by carefully packaging prior to submission.

• DON’T attempt to reconstruct items. This may obliterate fine microscopic details used in comparison.

• DON’T process items for latent prints prior to submitting. Use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas. NOTE: The Florida Department of Law Enforcement does not examine building materials, soils, and safe insulation evidence. Please contact the FBI for assistance.

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J. GLASS

Glass evidence may be useful in various criminal investigations. Windows in burglaries, headlights, and windshields of automobiles in hit-and-run accidents, and bottles used in assaults may be broken and fragments left at the crime scene or on clothing. Examination of these may reveal

that the material is glass and certain of its characteristics such as color, density, thickness, refractive index, and elemental composition

a physical match of glass fragments from two sources to establish a common origin a determination of a common origin (or ruling out a common origin) established by a

comparison of characteristics of minute glass fragments from two sources the type of glass from which a fragment originated, i.e., tempered window, non-tempered

window, headlight, bottle, etc. the side to which force was applied in the case of broken windows or other glass sheets

1. Collection and Submission of Evidence (Glass)

a. Mark and wrap separately the shoes and clothing of suspects and any other objects that

may be contaminated with glass. Clothing is generally of more value than footwear when it comes to the evidential significance of any found glass particles. The suspect’s hair can be combed over white paper to recover any glass particles that may be present.

b. Suspect drivers in hit-and-run cases may have glass particles adhering to their clothing if broken glass was involved. Additionally, collect all glass at the hit-and-run scene because more than one type of glass may be present. Take note that vehicle windshields are constructed of laminated glass and control samples of both inside and outside glass should be taken. Be sure to note which is inside and which is outside on vehicle windshield samples.

c. Collect all glass at a scene if a fracture match, direction of force, or sequence of breakage examination is requested. If the direction of force is requested to be determined, indicate the inside or outside on those fragments remaining in the window frame.

d. If a broken window is small, submit it whole with all remaining glass to the laboratory. If the evidence glass is large enough for matching of broken edges or comparing the fracture lines and surface abrasions, send the whole broken window.

e. Tempered glass is common in glass doors and automobile side and rear windows. The diced breakage of this glass into small rectangular beads makes fracture matching impractical. However, collect several pieces (at least a handful) for comparison of physical properties with evidence glass.

f. Small glass fragments require control samples to be taken from all potential sources of broken glass. Collect at least a handful of each broken window.

g. When tiny glass fragments are to be compared to a source of broken glass other than a window, submit the entire broken object to be used as a control.

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DO’S and DON’TS

• DO package glass from different locations separately.

• DO place fragments in plastic containers or bags, then in envelopes, seal, and mark.

• DO place large glass fragments in bags or boxes, but separate individual pieces with newspaper to prevent breakage and damage to edges. Mark with a grease pencil, pack together in a single marked container, tape, and label.

K. GUNSHOT RESIDUE (Hand Samples)

Gunshot residue (GSR) is the term applied to minute particles of primer combustion products that are emitted by a firearm during discharge. Vaporized primer elements are ejected in a forward direction along the barrel and also backward and sideways around the weapon. As this vapor cools, particles form and can deposit on the target, the shooter, nearby objects, or individuals. Samples may be taken from the hands using adhesive-coated metal disks (stubs) found in prepared GSR sampling kits. These stubs are dabbed onto the hands to pick up GSR particles. The samples are then analyzed in the laboratory using a Scanning Electron Microscope (SEM). Each stub is analyzed individually and may take up to five hours of instrument time. An FDLE-approved GSR collection kit contains four stubs indicating the area of the hands to be sampled. (Figure 14). It is important to use the kits approved by FDLE since quality-control testing has already been performed on the materials prior to production by the vendor. This precludes the necessity of running a control sample with every kit thereby delaying results. If submitting a kit from another manufacturer that contains no control sample, the kit will be returned unworked. A small number of kits and ordering information may be obtained free of charge from any FDLE laboratory.

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Figure 14—Packaging of Gunshot Residue

GSR analysis cannot determine whether or not an individual has discharged a firearm, but it identifies the presence of gunshot residue. The presence of GSR on the hands may be the result of activities such as firing a weapon, handling a firearm or a cartridge, having the hands in close proximity to a firearm during discharge, or touching a surface bearing GSR. Because GSR particles are easily transferred between the palms and the backs of the hands through any activity or movement after shooting, the quantity and location of particles at the time of sampling may be very different from the original deposit at the time of discharge. In other words, a greater number of particles on the back of the hand does not necessarily indicate that a subject fired a weapon. No conclusions can be drawn regarding the likelihood of a subject having discharged a firearm based on the location or amount of GSR within a kit. Gunshot residue is easily removed from the hands. Typically, within two hours after firing a weapon, normal activity removes a large amount of the particles with the remainder being lost after six hours. In addition, washing or rinsing the hands removes essentially all gunshot residues that may have been deposited. Bloody or wet hands should not be sampled, and exposure to the elements can be expected to affect GSR evidence adversely. In these instances, a GSR analysis will provide no information of value. GSR analysis of items other than hands can be performed; however, the forensic significance is limited because the persistence of GSR on other surfaces is largely unknown. Difficulty in determining persistence on other surfaces precludes association of GSR found with a specific shooting incident, thereby reducing significance of the analysis. For this reason, only the hands should be sampled.

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1. Collection and Submission of Evidence

a. Use a kit approved by FDLE and follow the provided instructions carefully. Completely

fill out the data sheet in the kit and submit it with the samples to the laboratory. b. SEM analysis of GSR evidence is very time consuming because the stubs can only be run

one at a time, and each stub may take up to five hours for analysis. For this reason, GSR analysis should only be conducted in cases where information of value can be obtained. Therefore, in order to maximize efficient use of limited instrument analysis time, the following criteria for collection and submission of GSR evidence should be followed:

DO’S and DON’TS

• Use only FDLE-approved kits. • The time interval between shooting and sampling should NOT

exceed 8 hours. • DON’T submit samples taken from subjects found in possession of

or who are known to have handled a firearm such as law enforcement officers. This analysis cannot distinguish between handling and firing a weapon. Under these circumstances, this test will provide no information of value.

• DO take samples at the crime scene or as soon as possible after apprehension rather than bagging the subject’s hands for transport and sampling later.

• DON’T submit samples from subjects who have washed or rinsed their hands or bathed since the shooting incident.

• DON’T sample bloody or wet hands. • Sample ONLY the hands of individuals and not other surfaces or

materials. • Sample ONLY individuals thought to be valid suspects in the case

and not for elimination purposes. (Remember that each additional kit submitted can consume up to 20 hours of instrument time.)

• DO completely fill out the data sheet provided in the kit including a summary of circumstances surrounding the incident. (You must be contacted for this information before evidence is analyzed and your results will be displayed.)

• DON’T submit Atomic Absorption Analysis kits for GSR collection to FDLE. The laboratory no longer has the instrumentation to perform this type of testing.

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L. HAIR

See Section T. Serology/DNA

M. LATENT PRINTS Latent prints are among the most valuable types of physical evidence. Consider all objects at the scene of the crime as possible sources of fingerprints that may lead to identification of the offender. By examining the evidence submitted, the laboratory may be able to

determine the presence of latent prints determine if the latent prints are identifiable compare and identify latent prints with the known prints of individuals establish the identity of unknown, deceased persons identify the prints via AFIS (see page 21)

1. Collection and Submission of Evidence

a. Submit evidence for examination as soon as possible after its discovery. Exposure to water or dampness does not necessarily destroy all latent prints. Air dry any wet or damp object before it is packed for shipment. If items have been processed prior to submission to a laboratory, package those items to prevent smudging of the latent prints or possible breakage. Items processed chemically should be protected from exposure to light, or sent to the laboratory prior to the use of silver nitrate.

b. Identify all evidence, whether an original article, a lift, or a photographic negative with a tag or a mark and place the tag or mark so it does not interfere with the latent examination. Any number of paper specimens may be placed in a single container for transmittal.

c. Mark the packaging with the biohazard symbol and label if it contains hands, skin, or bloodstained evidence.

d. If an item has been submerged in water, place it in a container with the same water for transport to the laboratory.

2. Submission of Inked Prints for Comparison Purposes

a. Submit known inked prints with the evidence for comparison with latent prints. One-to-one copies may be e-mailed or negatives may be substituted if the inked prints cannot be submitted. Submit photocopies of inked prints only as a last resort. If such prints are not available, the investigator may name the person or persons for comparison, and the laboratory will try to locate the prints in the Florida Department of Law Enforcement files. List all descriptive data available pertaining to the individual.

b. Often latent prints found at the scene of a crime involve areas of the palms, second and third joints of the fingers, and the finger sides and tips. For this reason, the investigator should take complete inked prints (major case prints) of all the ridges on the hands of individuals known to have legitimately handled the evidence (elimination prints) to

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permit comparisons. Palm prints should always include prints of the lower finger joints, and an extra print of the outer edge of the palm. (Figure 15).

3. Identifying the Deceased

a. In order to identify a deceased individual, take inked fingerprints and palm prints for comparison purposes. For potential investigative purposes, take major case prints and the footprints of deceased subjects. If legible prints cannot be obtained, the hands, fingers, or available skin from the finger of a deceased subject may be forwarded to the laboratory for possible identification. Before severing the hand or fingers of a deceased subject, obtain the permission of a legally responsible official.

b. If it is necessary to cut off fingers instead of shipping the entire hand, label each finger appropriately as to its position on the hand, and place in separate containers. Prior to delivery to the laboratory, keep hands or fingers in a cool insulated container with ice, but do not allow the body parts to freeze.

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DO’S and DON’TS

• DO use gloves to pick up items of evidence being careful not to wipe possible latent prints off the surface.

• DO fasten down large articles containing latent prints with string or wire to a rigid surface to prevent shifting and contact with other items. Label containers with the words “latent print evidence.”

• DO put developed latent lifts in envelopes and mark and seal.

• DO place papers and documents containing latent prints in manila envelopes or plastic folders, put between stiff cardboard, wrap in box, seal, and mail.

• DO take complete and legible, inked prints of all the ridges on the fingers and palms of subject.

• DO include inked fingerprints and palm prints of all individuals who may have handled the items before or after the crime.

• DO treat all inked print cards as evidence, seal, and package with a completed Request for Examination form or CEIM.

• DO list all descriptive information of individuals being named for latent print comparison.

• DO mark the packaging with the biohazard symbol and label if it contains hands, skin, or bloodstained evidence.

• DO indicate the number of items submitted with a description.

• DON’T process items of evidence which are to be examined for latent prints, unless absolutely necessary.

• DON’T wrap nonporous items in cotton or cloth as they damage or destroy the latent prints.

• DON’T preserve fingers of the deceased in a strong formaldehyde solution.

• DON’T cover exhibits to be examined for latent prints with evidence tape.

Use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas.

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Figure 15—Examples of Rolled Inked Prints—Fingerprints, Finger Joints, and Palm Prints

Major case prints taken for latent prints comparison include, in addition to a regular set of rolled fingerprints, the prints of both palms, the fingertips, and the lower joints of the fingers.

N. LIGHT FILAMENTS The question often arises in traffic accidents as to whether or not the vehicles involved had their lights on. The filaments of headlights, parking lights, side marker lights, or taillights can be examined microscopically in either a broken or an unbroken bulb. In many cases, one of the following conclusions can be reached:

The filament was burning at the time the lamp received a forceful impact and/or was broken.

The filament was not burning at the time the lamp received a forceful impact and/or was broken.

The filament shows the characteristics of a bulb that burned out normally. 1. Collection and Submission of Evidence

a. Unbroken lamps can be collected with little difficulty. If the base of a small lamp is so

corroded that it cannot be removed easily, remove as much of the light fixture as necessary to prevent breaking the bulb. Once the bulb is removed, package securely in a box to prevent movement and submit to the laboratory.

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b. Broken lamps are very fragile and require a great deal of care to collect and ship. The recovery of the filament is important because it reveals more information than any other part of the lamp unit. Be sure that nothing contacts the filament as it is extremely fragile. When removing broken sealed beam bulbs, it is best not to remove the lugs from the light socket, but cut the wire beyond the socket and submit the entire assembly intact. If the lamp is cracked, place masking tape carefully over the cracks to prevent further damage during shipping. If the lens is missing, a Styrofoam drinking cup can be taped over the filament post to protect the filament. (Figure 16). Then package the lamp in a box so that it remains stationary, and submit the evidence to the laboratory.

c. Handle small broken lamps in essentially the same manner. It is better to remove the part of the light fixture holding the lamp base than to attempt to remove the bulb from the fixture. Package the fixture to protect the filaments from breakage by inserting them in the bottom of a Styrofoam cup and covering the exposed filaments with another Styrofoam cup.

d. Mark the evidence noting the origin of the light bulb on the vehicle and its purpose. Also note the orientation of the bulb in the socket. This can be written on masking tape and applied to the bulb. Then package the cups securely in a box and submit the evidence to the laboratory.

e. If possible, please provide a copy of any photographs that may have been taken that depict the condition of the lamps in relation to the vehicle damage.

f. Finally, please note whether or not fire was involved.

DO’S and DON’TS

• DO package all bulbs carefully to prevent damage to both the bulb and filament during shipping.

• DO attempt to remove and submit all lamps from each damaged area of the vehicle.

• DO note the position of the light switches when first examining the vehicle.

• DON’T test the circuits by turning on switches. This may cause damage to the light bulbs and render them useless as case exhibits.

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Figure 16—Protection of Light Filaments for Submission Small lights can be packaged using cups as a spacer to avoid damage to the filaments. Headlight filaments can be protected by taping a cup over the filament. Lights protected in this way can be placed in a plastic bag to avoid loss if the filament should vibrate loose.

O. PAINT

Paint is one of the most common types of evidence encountered. It is likely to be found in hit-and-run and burglary cases. Examination of paint samples may show

the possible year, make, and model of a vehicle from which a paint sample originated whether or not two samples could have come from a common source that a paint fragment originated from one source to the exclusion of all others that paint was transferred as a result of a forceful impact

1. Collection and Submission of Evidence

a. A good method for obtaining paint from vehicles, walls, and similar locations is to place a short strip of tape on one side of a paper packet and attach it to the object containing the specimen. Paint can be chipped loose into the envelope or package with a clean knife blade or razor blade. (Figure 17). Be sure to recover all paint layers down to the base material.

b. Tools used to gain entry into buildings or safes often pick up traces of paint and other substances. Take care that this type of trace evidence is not lost. If transfers are present, enclose the end of the tool containing the material in a plastic bag and secure the open end of the bag around the tool with tape to prevent loss. Tools may also deposit paint onto the surface being attacked.

c. In hit-and-run cases, collect known samples from all areas displaying fresh damage for comparison. Paint may vary in type or composition in different locations, even though the color appears the same. Use a different blade when collecting each known sample to

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prevent cross-contamination. Place each sample collected from different areas in separate containers and label as to the location from which they were collected.

d. In hit-and-run cases involving two or more vehicles, cross-transfers of paint commonly occur. If loose paint chips are transferred, collect and place them in labeled containers. If the transfers are smeared onto a painted surface, chip the underlying paint bearing the transfer from the vehicle. If the smear is on an unpainted surface, attempt to remove and submit the vehicle part.

e. Samples of any foreign paint present should be collected from each damaged area. Before collecting these samples, keep in mind that there may also be tool marks present. If this is the case, submit the entire item bearing the tool mark and foreign paint. Then collect known samples from within one inch of each damaged area. Remember to package each sample in a separate container and label appropriately.

f. Markings placed on labels, envelopes, or other containers should include the officer’s name, date and time of collection, and specific sources of the sample.

g. When completing the FDLE Examination Request Form or CEIM, include the color, year, make, model, and VIN of each vehicle from which samples are being submitted.

DO’S and DON’TS

• DO keep all samples collected in separate containers.

• DO send the complete item to the laboratory if the paint sample is very small or difficult to remove.

• DO chip samples of all layers of paint if the item containing the paint cannot be submitted.

• DO use paper packets, envelopes, and glass vials. These are excellent containers for paint.

• DO use a clean knife or scalpel or a new razor for each sample to prevent contamination.

• DON’T attempt to remove paint from clothing. Package the clothing in paper bags after drying thoroughly and submit to the laboratory.

• DON’T put paint directly in paper envelopes. Fold and seal in sheets of white paper first to prevent loss.

• DON’T use gummed tape to collect paint samples.

• DON’T remove paint samples by scraping the surface of the vehicles.

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Figure 17—Obtaining Paint Chip Samples Paint samples should be chipped, not scraped, into prepared paper packets. Fold over the top, then seal the packet, label it, and place the sample packet into a larger envelope. Be sure to completely seal all open seams of the packet with tape.

P. PHOTOGRAPHY Forensic photography is recognized today as virtually indispensable to law enforcement. Through the use of forensic photography, vital information is graphically communicated in the courts and throughout the criminal justice system. The Forensic Photography Section provides the following services:

photography of physical evidence infrared, ultra-violet, infrared luminescence, and laser photographic examination bank film trace evidence photography training in specialized photography technical assistance regarding forensic photographic problems

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1. Collection and Submission of Evidence

a. Exposed color or black and white films found in cameras at crime scenes sometimes contain valuable investigative leads. Submit the camera with film intact.

b. Recovered Polaroid paper negatives from crime scenes may have images still visible. By subjecting these negatives to specialized image-enhancement techniques, valuable investigative information may be developed.

c. Polaroid paper negatives should not be exposed to sunlight. d. Blank film should be submitted in the magazine.

2. Restrictions

a. The laboratory does not normally develop film or prints for routine requirements of law enforcement agencies. However, if commercial processing would compromise the evidence or investigation, arrangements can be made for film processing and printing services.

b. Discuss other special requirements by telephone with the laboratory prior to sending any film.

Q. PLASTIC AND ADHESIVES

Plastics are being used in an ever-expanding number of modern products that may be encountered as physical evidence. Examples include plastic parts of automobiles in hit-and-run accidents, duct tape, electrical tape, plastic garbage bags, knife handles, mastics (glues), vehicle bumper rub strips, etc. Examination of these may reveal

that a transfer is a plastic, adhesive, or rubber along with some of its characteristics, such as color, polymer type, elemental composition, and possible end-use applications

that a physical match of fractured or torn edges on items from two different sources establish a common origin

that physical and chemical characteristics of samples from two different sources are like one another and the two could have a common origin

that tape from one source was manufactured by the same company and in the same plant as the tape from another source

the brand name of a questioned duct tape sample that questioned garbage bag(s) were manufactured by the same company and in the same

plant and at approximately the same time as the remaining box of garbage bags the vehicle year, make, and model from which a plastic fragment originated

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1. Collection and Submission of Evidence

a. Transfer smears should be submitted by packaging the object with the smear on its surface. Avoid trying to scrape the smear from the substrate surface, if at all possible.

b. If the transfer smear must be removed for submission to the laboratory, be sure to obtain a control sample of the substrate material approximately one inch away from the area of the smear.

c. If a physical match examination is desired, remember to collect and submit all fractured or torn pieces.

d. Do not process fragments or pieces for latent prints prior to the plastics examination. This could result in chemical contamination of the samples.

e. Recover and submit all plastic bags when requesting a plastic bag comparison. When acquiring known samples for comparison, remember to search accessible trash receptacles both inside and outside the residence.

f. When collecting known sources of broken plastic from a vehicle, remember to package each different part in a separate container. Label appropriately.

g. When fragments of vehicle plastic of adequate size are recovered, ask employees of local dealerships, new vehicle parts stores, or auto dismantlers to identify the year, make, and model of the vehicle from which the parts originated. If numbers or letters are present on the fragments, call the laboratory with that information to identify or at least narrow down potential vehicle manufacturers.

DO’S and DON’TS

• DO submit the object containing a plastic, adhesive, or rubber transfer smear.

• DO submit all recovered pieces if a physical match examination is desired.

• DO package each different source of vehicle plastic in separate packages.

• DO search for and submit all plastic bags available if a plastic bag comparison is desired.

• DON’T process plastics for latent prints prior to submission.

R. SEMEN

See Section T. Serology/DNA

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S. SERIAL NUMBER RESTORATIONS

The defacement or obliteration of serial numbers and manufacturer’s marks is often done to conceal theft or prevent tracing ownership of articles. The restoration process may restore the original marking in whole or part. 1. Collection and Submission of Evidence

a. The restoration process is normally feasible only if the original numbers or marks were stamped into the metal, which creates an area of compression or strain underneath each individual area of impression. The alteration or obliteration is usually done by hand filing, grinding, punching, or scratching.

b. When numbers are no longer visible, the average person will stop. If that is the case, the remaining area of compression or strain usually can be restored.

c. Restoration is accomplished by polishing and then etching with various acids. Therefore, do not mark for identification purposes in the serial number area any items submitted for a restoration effort.

DO’S and DON’TS

• DO call the laboratory before delivering large items such as cars, motors, or motorcycles. The submitting agency is responsible for delivering and retrieving such items.

• DON’T attempt to restore defaced or obliterated serial numbers.

• DON’T mark items for identification near the serial number area.

T. Serology/DNA (Deoxyribonucleic Acid)

DNA can be obtained from biological specimens left at crime scenes such as murder, aggravated battery, sexual assault, hit-and-run, burglary, etc. The biological specimens most often encountered include blood evidence, seminal fluid, or saliva. In serology, these body fluids are identified and, if needed, the biological material is then further tested using DNA analysis (STR or short tandem repeat analysis). For cases that contain a large number of exhibits, the primary investigator should contact the supervisor of the Serology/DNA Section in order to prioritize items and facilitate examination of the evidence. For sexual assault cases, the case may be expedited by first submitting the kit (with standards) and victim’s underwear, followed by any clothing and/or linens if the kit is found to be negative.

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DNA-STR testing is available in the FDLE crime laboratory system. Since it is a PCR-based (Polymerase Chain Reaction) test, it can be used on samples with less material and degraded biological evidence. Collect items of evidence being submitted for DNA testing and store in the same way as those being submitted for conventional serological examinations (blood, semen, and saliva). For blood evidence, the laboratory determines through chemical testing if blood is possibly present and may also determine if it is of human origin. Liquid blood samples collected by qualified medical personal may also be submitted to be utilized as standards for DNA testing. NOTE: FDLE crime laboratories no longer determine the origin of blood with species testing, i.e., cat, dog, alligator, etc. Contact the crime lab to obtain a list of referral labs if such testing is required. In addition to blood evidence, the crime laboratory can conduct serological examinations on other body fluids. The examination most frequently requested is for the identification of semen in connection with sexual assault cases. Serological examination may reveal the presence or absence of the following: acid phosphatase (a characteristic component of seminal fluid), spermatozoa (male reproductive cells), and/or prostatic specific antigen. The third body fluid that is tested for is saliva. Certain items of evidence may contain saliva (buccal cells). These exhibits may be used for DNA analysis and include such items as cigarette butts, drinking straws, soda/beer cans, masks, bottles, etc. Bite marks may also contain saliva. Buccal cell swabs may also be submitted to be used as standards for DNA testing. For criminal paternity cases, samples from the mother, child (or fetal material), and the alleged father must be submitted prior to performing DNA-STR analysis. The crime laboratory also provides DNA-STR testing on hair evidence that is associated with violent crimes. However, the crime laboratory does not provide microscopic hair comparison. 1. Limitations of Serological/DNA Examinations

a. The age of dried blood, seminal stains, or possible saliva stains cannot be determined. b. Whole blood transfusions may alter blood chemistry. In these cases collect an alternate

standard for DNA testing such as a buccal (inside check) swab in addition to the blood. c. For sexual assault cases, a standard must be obtained from the victim prior to DNA

analysis. If the suspect is known, submit a standard for the suspect also. Intimate contact such as kissing may lead to a mixture of body fluids. This should be taken into consideration before obtaining a buccal (inside cheek) swab to serve as a DNA standard.

d. Very old or highly degraded DNA samples may yield results or may give an incomplete DNA profile.

e. Hairs must have a root suitable for DNA analysis. The laboratory will microscopically examine the hairs to determine if a suitable root is present. Relative to hair examinations, vacuum samples are not suitable for DNA testing.

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2. Collection and Submission of Liquid Blood Samples/ Buccal Swabs for DNA

Standards The laboratory should have samples of liquid blood or buccal swabs from both the victim(s) and the subject(s). Submit these with other evidence for comparison purposes. Samples may be obtained without consent from suspects by obtaining a court order, by use of a valid search warrant, or by a search incident to a lawful arrest (Schmerber v. California, 384 U.S. 757). Submit liquid blood samples or buccal cell swabs in all cases, even if another agency has performed examinations. If there are any circumstances where a standard cannot be obtained, please contact the laboratory. For liquid blood standards: a. A qualified clinical technician should collect approximately five milliliters of liquid

blood and place the sample in a collection tube with a lavender or purple stopper. For a blood alcohol or drug test, refer to Section W. Toxicology for information on proper sample collection.

b. Label the vial with the first and last name of the person from whom it was drawn, the initials of the person who drew the blood, and the date. Seal the vial and forward to the laboratory as soon as possible.

c. Refrigerate, do not freeze, liquid blood samples. Mail via priority mail according to U.S. postal regulations and mark container with the words, WARNING: Liquid blood inside, refrigerate upon arrival. Mail at the beginning of the week, if possible, to assure receipt by the laboratory the next day. Blood samples need not be refrigerated during mailing. Refer to page 14 for instructions on packaging liquid blood samples.

d. Follow these standards for collecting buccal cells:

Rub two to four sterile cotton swabs on the inside cheek and gum. Air dry the swabs and then package in a sealed envelope.

Label the envelope with the first and last name of the person from whom it was obtained, the initials of the person who collected the sample, and the date. Forward the sealed envelope to the laboratory as soon as possible.

The buccal cell samples do not need to be refrigerated during mailing. Mail via priority mail according to U.S. postal regulations at the beginning of the week, if possible, to assure receipt by the laboratory the next day.

3. Collection and Submission of Bloodstain Evidence

a. If there is liquid blood at a scene, i.e., a pool of blood on the floor, swab some of it on a

sterile cotton swab or gauze, dry at room temperature, package in a paper bag, label, seal, and initial. (Figure 19).

b. If there is suspected dried blood at the scene on an object that cannot be moved, photograph the object. It is possible that the location, size, and appearance of the stain may be significant. The stain may then either be cut from the item, i.e., sofa cushion, or swabbed onto a sterile cotton swab slightly moistened with sterile water. Air dry the swab. Package the sample in a paper bag or envelope. Collect a control sample of the unstained area in the same manner.

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c. On items with smooth surfaces, such as glass or metal, that cannot be submitted to the laboratory, scrape the suspected blood flakes using a clean utensil onto a small piece of paper. Fold the paper with flakes inside and seal in a paper envelope, label, and initial.

d. Avoid processing items of evidence for latent prints before submitting them to the laboratory for serological testing. Latent print processing may interfere with subsequent serological examinations.

DO’S and DON’TS • DO air dry items but keep from fans or extreme heat. Fans may dislodge

trace evidence. • DO submit entire item with suspected bloodstain to the laboratory, if at

all possible. • DO obtain fresh, liquid blood samples or buccal cell swabs from all

persons involved. • DO refrigerate specimen(s) and mail at the beginning of the week. • DO mark outermost package with biohazard warning symbol and label. • DO package liquid blood samples separately and not with other items

(clothing, bedding, etc.). • DO package items separately in paper bags or envelopes. • DON’T send partially dried objects as decomposition will occur. (Figure

18). • DON’T attempt to remove stain from cloth. • DON’T remove stains from small solid objects. • DON’T mix separate dried stains. Package each individual item in a

paper bag or box, then seal, and label. • DON’T place evidence in trunk of car. Extreme heat may make blood

unsuitable for testing. • DON’T collect buccal cells swabs as standards if the mixing of body fluids

through such contact as intimate kissing has recently occurred. • DON’T process an item for latent prints before requesting serological

tests. • DON’T freeze liquid blood standards.

Use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas.

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Figure 18—Incorrect Packaging of Serology Evidence INCORRECT: Serology evidence submitted in plastic or other airtight containers will not dry properly, resulting in rapid deterioration of the stains.

Figure 19—Correct Packaging of Serology Evidence

CORRECT: Serology evidence submitted in paper packages will dry properly and be well preserved.

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4. Collection and Submission of Sexual Assault Evidence

a. The victim of a sexual assault should be examined by medical personnel as soon as

possible following the assault. b. Submit vaginal specimens. Swabs should be made with sterile cotton applicators. These

must be air dried and properly marked. Please have hospital personnel collect four vaginal swabs.

c. Submit oral and/or anal swabs if indicated by circumstances of the case, or if the circumstances are uncertain.

d. Submit a liquid blood sample or buccal cell swab. Refer to Collection and Submission of Liquid Blood Samples/Buccal Swabs section on page 65 for proper collection and submission procedures. These standards are for comparison purposes and should be submitted from both victim(s) and subject(s), if known. Victim standards are required for DNA analysis.

e. If contact such as kissing or biting has occurred, collect samples from the victim’s body. Moisten sterile swabs slightly with sterile water and rub the suspected area(s). Then rub the area with a dry swab. Package the swabs in envelopes after completely drying and label the swabs accordingly.

f. If suspected semen is found at the scene, collect it on sterile swabs or gauze, air dry it, and package. If the stain is on clothing or linens, air dry the items and package. If suspected semen is found at the scene on an object that cannot be moved, photograph the object. Either cut the stain from the item, i.e., sofa cushion, or swab onto a sterile cotton swab or gauze slightly moistened with sterile water. Air dry the swab or gauze and package it in a paper bag or envelope.

DO’S and DON’TS

• DO have victim examined by medical personnel as soon as possible after the incident.

• DO keep vaginal specimens refrigerated.

• DO package clothes of subject and victim separately.

• DO mark the packaging with the biohazard symbol and label.

• DON’T send damp swabs, clothing, or bedding. Allow to air dry completely before packaging.

• DON’T submit exhibits packaged in plastic bags.

• DON’T handle clothing or bedding unnecessarily.

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5. Collection and Submission of Possible Saliva Stains

a. Air dry items of evidence as needed, then package in individual paper bags or envelopes,

and submit. b. Cigarette butts from the same container may be packaged together. Do not package the

ashes. c. Based on the circumstances of the case, it is important to describe to the crime laboratory

possible areas on an exhibit, i.e., right sleeve of shirt, where possible saliva stains may be present.

6. Collection and Submission of Hair Evidence

a. Remove visible hairs from the body or item with forceps and place in a paper fold, seal,

and label. b. Known blood, buccal cells, or hair samples with roots can be used for comparison with

unknown hairs. c. Known hair samples may be obtained by forcibly removing hairs, such as head hairs,

using forceps or gloves and packaging in a sealed paper fold.

7. Collection of Tissue (including fetal tissue) and Bone for DNA Testing In certain cases, it may be necessary to submit tissue or bone for DNA analysis. In these instances, contact the Serology/DNA supervisor in advance to insure proper collection, storage, and packaging of the evidence.

a. Submit bone and tissue samples for DNA analysis frozen in airtight plastic containers. b. The samples must be free of formaldehyde or formalin. Presence of either of these

chemicals negates any further DNA analysis. This includes fetal tissue samples. c. Ship samples on dry ice overnight.

U. SHOE PRINTS, TIRE TRACKS, AND MISCELLANEOUS IMPRESSIONS

Many types of evidence can link a suspect to a crime by physically matching an impression at the scene with a similar object or tool in the possession of the suspect. The most commonly encountered types of evidence are surface prints and impressions that, when analyzed, may show

a recognizable pattern the pattern compares with that of a mate a particular object made the pattern that the object did or did not make the pattern, if fine detail and individual characteristics

are present

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that the object could have or did not make the pattern, if individual characteristics are not present

1. Surface Prints and Impressions

a. Surface prints are those left on smooth, rigid surfaces such as wood, tile, paper, paint, dust, blood, or grease, by objects such as shoes, tires, or fabric.

b. Impressions can be left in mud, soil, gasket material, or other pliable material. Impressions in gasket material are left when one object has been attached to another.

2. Collection and Submission of Evidence

a. Photograph surface prints with a ruler beside the print. If the print is on a movable object, submit the object to the laboratory for processing. Tag it for identification and package to preserve the print. For additional information on packaging, call the laboratory. If the print is on an immovable object, it can be preserved using a rubber lift, transparent lift, or silicon rubber. Submit the lift, the negative, and the photograph to the laboratory.

b. Photograph impressions with a ruler beside the impression. Make a paris or dental stone cast of the print to reproduce the three dimensional features. Mark the cast for identification before it hardens. Allow the cast to dry but do not attempt to remove the soil, rocks, leaves, or debris which adheres to the cast. Package the cast to prevent breakage and to prevent it from being damaged by rubbing against other objects.

c. Dust prints should first be photographed using side lighting with a ruler next to the impression. Recover the impressions from various surfaces using an electrostatic lifting device. Submit the photographs, negatives, and electrostatic lift to the laboratory for examination.

3. Photography of Shoe Prints and Tire Tracks

a. The most important thing to remember about photography of shoe prints or tire tracks is that, in order to compare the impression with the shoe or tire, the crime laboratory must be able to reproduce the impression in its original size. If a ruler or some other measuring reference is not included, the photographs are not always suitable for comparison. A yard stick, metal tape, or a small ruler may be used.

b. Always have the camera perpendicular to the print or track being photographed. c. Be sure to take a photograph even if you intend to lift a print or make a cast of a track. It

is good insurance in case the print or track is destroyed during lifting or casting. Include the negatives when submitting the photographs to the laboratory.

d. Make at least three photographs—one with light from the right, one with light from the left, and one with light from the end. Lighting from above will wash out all detail. Sometimes in bright sunlight, detail will be enhanced if the track can be completely shaded and a flash used when photographing.

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DO’S and DON’TS

• DO use black and white film for better contrast.

• DO place a ruler parallel to and on the same plane as the impression when taking a photograph.

• DO use a tripod when photographing and set it so that no interfering shadows fall on the print.

• DO place the camera as close to the subject as possible to fill up the negative.

• DO set the camera so that the film will be parallel to the surface being photographed.

• DO use side lighting so that maximum contrast may be achieved.

• DO submit negatives whenever photographs are to be used for comparisons.

• DO allow cast to air dry prior to packaging.

• DON’T attempt to clean casts.

• DON’T use Polaroid or pocket instamatic cameras as neither usually produces a negative suitable for a life-size reproduction of the original track.

• DON’T package casts in plastic bags as the moisture will cause the cast to soften.

• DON’T package the casts with other evidence as the moisture may damage the other evidence.

Use the laboratory case number for all inquiries to the laboratory concerning evidence. Reference this number to court officials involved in the case so it can be used on subpoenas.

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V. SKELETAL REMAINS

No two skeletons are exactly alike. Variations, whether congenital or acquired, are used to identify or eliminate a missing person who could be the skeletonized victim. In many cases, if most of the skeleton can be located and properly collected, the following conclusions may be reached:

estimations of race, stature, age, and sex determination of the possible cause of death through damage to skeleton evidence of possible antemortem trauma or certain diseases through X-ray and

microscopic examination estimation of time of death through examination of associated items such as coins,

clothing, shoes, or other materials 1. Collection and Submission of Evidence

a. Careful examination and collection of skeletal remains are necessary to achieve accuracy

and to facilitate reassembly. If possible, the medical examiner or designee should see the bones at the site while they are being excavated. (Figure 20).

b. Take good general photographs of the bones and associated evidence prior to collection. c. Inventory the bones while they are being removed from the ground. d. Some smaller bones are extremely fragile and decay rapidly. Even when present, they

may be overlooked because their coloring can be similar to the soil. e. Proper packaging, labeling, and transportation of skeletal remains are important.

Packaging should be done in a manner that makes the examination more rapid and should be done at the scene to avoid loss of small bones and teeth. Use separate containers for each hand and foot and label right and left.

f. Package evidence items found with the skeletal remains separately using proper procedures outlined in this manual.

g. Each FDLE crime scene unit is trained in the detection and proper recovery of surface and buried remains.

h. FDLE does not conduct examinations on skeletal remains. The medical examiner or designee or a trained forensic anthropologist should perform these examinations. Contact your district medical examiner or the nearest FDLE crime laboratory for information on available resources for these examinations.

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DO’S and DON’TS

• DO immediately notify the local medical examiner of the discovery of human skeletal remains.

• DO try to recover all bones present.

• DO recover all trace evidence found with the body.

• DO package clothing and other evidence items separately from skeletal remains.

• DO photograph and map all bones prior to recovery.

• DO label each package with the biohazard symbol and label.

• DON’T excavate the skeleton using heavy machinery or large shovels.

• DON’T mix bones that can be identified as left or right.

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Figure 20—Excavated Grave Using Archeological Techniques

W. TOXICOLOGY The toxicology section analyzes samples of blood, urine, gastric contents, and other materials for the presence of alcohol and other toxic or impairing drugs. This section also analyzes suspected alcoholic beverages. Most cases submitted to toxicology result from DUI investigations, sexual assault investigations, and death investigations. Postmortem (i.e., medical examiner) toxicology services are not provided. Collect blood or urine samples as soon as possible after the offense. Deliver these samples as soon as possible in person to any FDLE crime laboratory, or via mail or common carrier directly to the Tallahassee or Orlando laboratories. It is not necessary to pack specimens in ice to mail. Mail samples using overnight delivery to arrive at the laboratory Monday through

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Friday, not on the weekend. A description of the services offered and special instructions for submission of toxicology samples to the laboratory follow. Traffic Investigations (DUI) and Boating Investigations (BUI) 1. Blood Alcohol

Blood samples are analyzed for ethyl alcohol content.

a. The collection and analysis of samples taken for blood alcohol testing in DUI and BUI cases are regulated by Florida Statutes sections 316.1932, 316.1933, 316.1934, and 327.352, 327.353, 327.354, and the Florida Administrative Code Rule 11D-8.

b. Collect blood samples as soon as possible after an offense. Only authorized individuals as described in Florida Statutes should collect the samples.

c. Collect and submit at least five milliliters of whole blood for alcohol analysis, though testing can be performed on smaller samples. For drug testing, see 2(f) on page 76.

d. Use only nonalcoholic antiseptics for cleansing the collection site on the subject’s arm. e. Make sure that blood samples are collected in evacuated blood collection tubes

containing sodium fluoride and either EDTA or oxalate. The tube label and/or collection kit documentation usually states the contents of the tube. Typically, blood collection tubes with gray stoppers are adequate.

f. Clearly label blood tubes with the following information: subject’s name, collection date, collection time, and the blood collector’s initials.

g. Please do not include any used needles in the kit. h. Follow the procedures for Packaging and Marking for Delivery on page 14 for the

submission of liquid blood to an FDLE laboratory.

2. Drug Testing

a. Urine samples submitted to the laboratory in DUI cases are routinely analyzed for drugs controlled under ch. 893, Florida Statutes. This includes most common drugs of abuse: amphetamines (meth, ice, speed, Ecstasy), barbiturates (seconal, downers), benzodiazepines (valium, xanax, tranquilizers), cocaine (crack), methadone, opiates (heroin, oxycontin, codeine, morphine, hydrocodone), and tetrahydrocannabinols (pot, marijuana). Urine samples will be tested for gamma-hydroxybutyric acid (GHB, scoop, GBL, BDO) on request. Noncontrolled drugs (such as over-the-counter medications and many prescription medications) are not included in the drug analysis.

b. When a urine drug test is required, submit at least 60 milliliters of sample (two ounces) to the laboratory. Use a clean (sterile) specimen container having a leak-proof cap. The FDLE laboratory serving your area can recommend suitable containers.

c. Alcohol analysis from urine is not performed for DUI cases. d. Clearly label the urine specimen container with the subject’s name, collection date, time

of collection, and initials of the person collecting the specimen. e. Follow the procedures for Packaging and Marking for Delivery on page 14 for the

submission of urine samples.

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f. Blood samples submitted in DUI cases are only analyzed for drugs other than alcohol when specifically requested by the submitting authority. Currently, in nonfelony DUI cases, blood drug testing is not performed if the blood alcohol level is 0.08% or more.

g. When a blood drug test is required, submit at least 20 milliliters of sample (two gray stopper tubes) to the laboratory. Use the same collection procedures described on page 76 for blood alcohol.

Sexual Assault Investigations

a. In cases where drug-facilitated sexual assault is suspected, the best toxicology sample to

collect from the victim is urine. b. Collect 2 ounces (60 ml) of urine in a suitable container and transport to the FDLE

laboratory as soon as possible. Blood samples (two 10 ml gray stopper tubes) may also be useful, provided that the drug assault occurred within 24 hours. After 24 hours, detection of many drugs and alcohol becomes unlikely. For example, GHB is normally not detectable in urine after about 12 hours. Detection times for many drugs are normally longer in urine than in blood. Urine collected up to 72 hours after the incident may be useful for detecting some but not all drugs. Blood should be collected up to 24 hours of the incident. Small samples of blood collected for DNA testing (purple or red stopper tubes) are not adequate for toxicology purposes.

c. Routine toxicology analysis in suspected drug-facilitated sexual assault cases will include testing of urine and/or blood for a panel of drugs associated with this type of case, including alcohol, GHB, roofies, and other controlled (F.S. ch. 893) and noncontrolled drugs. It is very important that the investigator provide background information in order to assure appropriate toxicology screening tests are completed.

d. In other sexual assault cases where drug testing is specifically requested by the case investigator, a routine drugs-of-abuse screen on urine will be completed.

e. Label each blood or urine specimen container submitted with the subject’s name, date and time of collection, and initials of the person collecting the specimen.

f. Follow the procedures for Packaging and Marking for Delivery on page 14 for the submission of liquid blood and urine.

Death Investigations (not traffic related)

a. Collect blood and urine samples from the suspect(s) or subject(s) following the

procedures previously described as soon as possible after the incident. Do not submit samples from the deceased to FDLE for toxicology testing.

b. Label each blood or urine specimen container submitted with the subject’s name, date and time of collection, and initials of the person collecting the specimen.

c. Provide to the laboratory the case history and specific drug-testing requirements for the investigation.

d. Follow the procedures for Packaging and Marking for Delivery on page 14 for the submission of liquid blood and urine.

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Alcoholic Beverage Analysis

a. Suspected alcoholic beverages can be analyzed for ethyl alcohol content whenever this

determination is required. b. No more than 10 milliliters (1/3 ounce) of liquid are needed for the alcohol analysis. Be

sure that the sample container is leak proof. c. Follow the procedures for Packaging and Marking for Delivery on page 14 for the

submission of samples.

Case Information

Whenever submitting samples for toxicology testing, it is very important to provide background information about the case. In DUI cases, provide any breath alcohol test results, any history of drugs or medications the subject was taking, or other available history pertaining to alcohol or drug use. This information could also include observed driving or other behavior. Including a copy of the Alcohol/Drug Influence Report may easily provide this information. In investigations of drug-facilitated sexual assaults, please provide information about any symptoms the victim may have experienced. Also, provide the date and time the drugs may have been taken, the date and time the blood or urine was collected, and if possible, information about any medications that may have been given before the urine and blood samples were collected. Contact the toxicology section in Tallahassee or Orlando with any questions. FDLE provides a toxicology request information sheet that may be completed and submitted with the samples to help provide the useful information. Contact the laboratory for copies of this request sheet.

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DO’S and DON’TS

• DO take blood samples as soon as possible after the offense.

• DO take a minimum of one tube of blood (5 milliliters) for alcohol testing or a minimum of two tubes of blood (20 milliliters) when drug testing is also required.

• DO label all blood and urine containers with the name of the subject, date and time specimen taken, initials of person taking specimen, and officer’s initials.

• DO use overnight delivery or bring to the laboratory.

• DO handle all specimens for toxicological analysis using procedures to protect the chain of custody.

• DON’T use an alcohol-based antiseptic to cleanse the person’s skin.

• DON’T submit blood collection implements (syringes, needles, lances, swabs, gauze, etc.)

X. VIDEOTAPE ANALYSIS Video surveillance systems are commonplace. The videotape recording may be a valuable piece of evidence that can provide an eyewitness account during the commission of a crime. Not only may the actual crime scene be under surveillance but also adjacent areas may have had systems that provide overlapping fields of coverage. Adjacent areas may provide video information that includes the suspect’s or victim’s routes of travel into the actual crime scene. The following steps are recommended for the preservation and collection of images from video surveillance systems. 1. Collection and Submission of Evidence

a. Determine all the locations of video surveillance systems in the crime scene and in adjacent areas. A neighborhood canvass may develop additional systems that are recording during the commission of the crime. These additional systems may have recorded the victim’s or subject’s travel either to or from the actual crime scene.

b. Treat the videotapes as evidence and maintain the chain of custody on the videotapes. c. Determine if search warrants are needed for the seizure of the video tapes. d. Include camera locations and the fields of view in the crime scene sketch. e. Take height measurements of reference objects within the camera’s field of view.

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f. Stop the tape recorder but do not eject the cassette. g. Note the settings of the recorder’s time display. h. Note the time on your watch or get an exact time from dispatch. i. Note time discrepancies to other time keeping objects within the crime scene, i.e., cash

registers, alarm systems, etc. j. Note the value of the counter display on the recorder. k. Rewind the tape and note the new counter display value. l. Eject the tape and break the write protect tab. m. Note the make and model of the recording device and the time-lapse mode setting. n. Take the tape to another setting and make a copy of it. Do not use a home recorder for

playing the tape as many video store rental tapes have excessive dirt and this will contaminate the video-recording head resulting in poor quality copies. Use the copy for viewing. Pausing or slow motion playing will degrade the tape.

o. Time-lapse tapes are not viewable on standard videotape machines. It may be necessary to make a copy by connecting to the original recording equipment.

p. Maintain the copy and submit the original tape to any FDLE laboratory for analysis. The videotape will be forwarded to the appropriate laboratory for examination.

q. Submit the tape as normal forensic evidence and include a narrative report including analysis request.

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VIII. USING THE LABORATORY IN THE JUDICIAL PROCESS

In addition to conducting examinations and comparisons of various types of physical evidence, analysts are available to present expert testimony concerning their findings before the courts. In order to be of maximum assistance, the following procedures should be followed:

a. Notify the analyst, as far in advance of the trial as possible, so that time will be available for proper court preparation.

b. Due to the number of cases being handled by each analyst, conflicts in court appearance dates may occur. When sufficient advance notice is given of scheduled trials, many of these conflicts can be satisfactorily resolved.

c. The individual who signs the submitted reports is the analyst responsible for the evidence examinations. Notice to appear in court should be sent to this person with specific reference to the FDLE laboratory case number.

d. Analysts must be requested to appear as witnesses by having a subpoena served on them in compliance with rules of procedure.

e. For all cases, in addition to the subpoena to appear in court, information should be furnished as to the actual date and approximate hour when the analyst will be needed. Time spent in waiting outside of courtrooms while juries are being selected or other witnesses are being examined can amount to many days. The waiting time precludes more constructive work at the laboratory and interferes with other court appearances.

f. Immediately notify the appropriate analyst of any change in trial or appearance dates. Often, analysts witnesses have appeared to testify on specific cases only to find that the defendant has changed the plea to guilty or the case was continued.

g. In contacting the laboratory concerning a specific case, use the laboratory case number from the report.

h. Normally a charge is not made for expert testimony or any other laboratory service; however, in specific situations, such as a civil trial arising out of a criminal case, or a court-ordered defense examination, certain charges will be assessed, i.e., examination, travel and testimony time, an administrative fee, and actual travel costs.

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NOTES

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