evidence

KN, p. 82 “Is that your footprint?”

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It’s been raining off and on for days. It rained last week during a party, and people were tracking water and a little mud from the driveway runoff onto the porch all afternoon. We had so many different kinds of footprints that it would have made for a great crime scene demonstration.

Because, one of the most overlooked pieces of evidence at a crime scene is created by footwear.

 

Imagine: If a window breaks as a thief enters the premises during the commission of a burglary, the glass will fall into the house, and onto the floor or rug below the window. When the thief steps through the window, unless the thief has wings, he/she will probably plant a foot right in the middle of the glass. And walk through the house, most likely tracking minute pieces of that glass. That glass may also become embedded in the grooves of the sole of the shoe, creating a distinctive footprint.

 

If the investigating officer can place a suspect at the scene with the footprint, then there is probable cause to fingerprint that suspect and hopefully establish a link to the crime.

 

A new method of eliminating suspects right at the scene involves stepping into a tray that contains a pad soaked with harmless clear ink that doesn’t stain, then stepping onto a chemically treated impression card. No messy cleanup, immediate results, and it can even show details of wear and tear on the shoe. This can be a way to establish a known standard (we know where this impression came from) to compare with multiple tread prints at the scene.

Footwear Clear Ink Impression

Another tool for creating a known standard is the foam impression system. It takes a bit longer, (24 hours) but clear, crisp impressions can be made, including of the pebbles and bits stuck deep into the grooves and the writing on the arch. Very helpful when trying to place suspects at the scene. A rock stuck in the sole is a random characteristic that can’t be duplicated, so becomes another point of identification.

This is how it works: Somebody steps into a box of stiff-ish foam – a bit like stepping into wet sand.

 

An impression is made instantaneously. The detail is great – down to the wear on the heel.

Pre-mixed dental stone (made with distilled water and the powder) is used to fill the impression.

It takes 24 hours for the cast to become firm enough to pop out of the foam. We now have a permanent record of the footwear tread, which could be used for comparison to other prints found at the scene.

Footwear Casts

Occasionally footprints are found on the ground outside a window or in the gardens surrounding a house after a burglary or homicide. Ever see a crime show on TV where the fictional investigator makes a snap judgment about the height and weight of the owner of the footprint because of the depth of the impression? That’s merely a plot device and is not scientific evidence in real life. A crime scene photographer or investigator can photograph the footprint (next to a measurement scale), make a take away cast, and then compare the impression with those of the suspects or other bystanders at the scene. Beware: making a cast of the print destroys the print, so a photograph must be taken before pouring that first drop of dental stone.

Footprints can be found at bloody crime scenes as well. The suspect walks through the blood, tracks it through the house, cleans it up, but the prints are still there, even though not obvious to the naked eye. Blood just doesn’t go away, no matter how hard you try to get rid of it. It seeps into the cracks and crevices of a floor and even behind baseboards.

 

A savvy investigator will collect sections of carpet (or flooring) taken from where the suspect might have walked during the commission of the crime, then conduct a presumptive test for blood (LCV – Aqueous Leuco Crystal Violet), find a usable footprint, compare it to a known standard, and then be able to place the suspect at the scene.

 

 

Be careful where you walk. That footprint can be used as evidence.

 

*Photos taken by Patti Phillips

 

 

 

 

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KN, p. 218 “What Does the Federal Bureau of Investigation Do?”

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“The Federal Bureau of Investigation (FBI) is an intelligence-driven and threat-focused national security organization with both intelligence and law enforcement responsibilities.”*  It is the chief fact-finding branch of the Department of Justice and helps other agencies by sharing that information and providing training.

Its mission is:

“To protect the American people and uphold the Constitution of the United States.”*

In 1908, the United States had about 100 cities with 50,000 people. The rest of the population (about 83 million) was spread throughout the rural areas of the country. Law enforcement personnel at the local level were often poorly paid (and were sometimes volunteer) members of the community. Murders were handled by local investigators and still are to this day. For the majority of the cases, murder is not a federal crime, unless carried out across State lines.

Prosecution of border security issues or organized crime was limited in 1908 since there was no adequate way to enforce the law at a national level. In fact, few criminal laws even existed at a federal level. For the most part, individual States and local jurisdictions handled their own criminal investigations, and sometimes that led to political corruption, corporate criminal behavior, and even slave labor in factories. Federal agencies were stretched thin or were nonexistent in some parts of the country.

President Teddy Roosevelt supported the idea of modernizing law enforcement, so when his Attorney General hired 34 of his own investigators (including nine seasoned Secret Service agents) to assist the Department of Justice, Roosevelt wholeheartedly endorsed the action. A few months later, the Bureau of Investigation was officially created. Hardly a large force, but it was a start.

At the beginning, incidents involving car theft across State lines, civil rights, and various kinds of fraud were the typical cases. The FBI also took on treason and domestic terrorism, and Congress (previously reluctant to loosen the purse strings) began to see the value of a national law enforcement agency.

It’s interesting to note that the Mann Act or “White Slave Traffic Act,” was passed in 1910 to help stop interstate prostitution and human trafficking, and the FBI had a role in the early investigations. One hundred years later, it has become an international problem and requires cooperation from many different agencies to obtain successful prosecutions.

World War 1 brought us the problems of sabotage by foreign agents against our military ships and munitions plants, as well as international smuggling. The FBI had entered the so-called spy business and worked hard to eliminate those threats.

 

In 1924, it was recognized that fingerprinting was a reliable way of connecting (or eliminating) individuals to a particular scene, and to collect that information in a central location would be helpful to other law enforcement agencies in the United States. Now, the FBI gathers and classifies fingerprints from convicted felons and other criminals, military personnel, federal applicants and employees, and shares that information with appropriate agencies. Additionally, fingerprints of military detainees and other persons of national security interest are being collected for national security purposes.

Formerly called Automated Fingerprint Identification System (AFIS), the program processes over 63,000 prints a day, is now integrated with other forms of identification and called IAFIS, and can deliver digital information in as little as two hours. It is used in connection with biometric databases (facial and voice recognition) for more accurate identifications. Next Generation Identification (NGI) combines biometrics, fingerprints, and palm prints to expand identification possibilities.

One of the programs developed by the FBI is the ‘Ten Most Wanted’ list. It began in 1950 as a way to call attention to fugitives who might otherwise remain at large. Each new list is posted in United States Post Offices and on the FBI website.

Since 1950, 518 fugitives have been on the list, and 484 have been apprehended or located. The stats below are from the FBI site:

    • 162 fugitives have been captured/located as a result of citizen cooperation.
    • Two fugitives were apprehended because of visitors on an FBI tour.
    • The shortest amount of time on the list was two hours, by Billy Austin Bryant.
    • The longest amount of time on the list was over 32 years by Victor Manuel Gerena.

With the advent of increased world-wide terrorism, the computer and cyber-security age, more complex corporate crimes, and a global awareness of human trafficking, the focus of the FBI has shifted.

At the end of 2017, there were over 35,000 employees, made up of intelligence analysts, field agents, language specialists, scientists, and information technology specialists. They are tasked with investigating:

  • Terrorism
  • Counterintelligence
  • Cyber Crime
  • Public Corruption
  • Civil Rights
  • Organized Crime
  • White-Collar Crime
  • Violent Crime
  • WMD (Weapons of Mass Destruction)

Stay tuned for posts about Quantico and training for the FBI, and interviews with former FBI agents.

 

*Photo and quotes credit: (from FBI website)

1969 Latent Print Match
A latent print removed from a 1969 murder victim’s car was later determined to be a match to the suspect’s fingerprint (inset) contained in the FBI’s Integrated Automated Fingerprint Identification System (IAFIS). The Houston police detective and Texas Department of Public Safety latent print technician instrumental in solving the cold case were honored by the FBI with the 2011 “Latent Hit of the Year” Award.

 

 

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KN, p. 234 “Do you want to be an FBI Agent? Part 2”

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“Do you want to be an FBI Agent? Part 1” highlighted the backgrounds of two former FBI Special Agents, their differing career paths, salary, and job aspects. Bucky and Chris Cox continued to chat, revealing more agency specifics and notes about a wide range of cases that the FBI oversees, in Part 2. Take a look:

 

FIELD OFFICE PERFORMANCE

Every field office undergoes performance reviews. The FBI is a statistic driven agency. Among other things, internal inspectors count the number of arrests and convictions at each office, looking for reasonable numbers of completed cases, and how efficiently they were concluded. But, the type of crimes is taken into consideration. While a specialist in bank robberies might clear 10-15 cases a year, white collar cases such as bank fraud, health care, or telemarketing can take longer to investigate and prosecute because of their complexity and the fact that they may be occurring in more than one State. Agents also have to prove that the suspect knowingly and willfully committed the crimes.

 

There are mandatory reports to be written after a case is completed. The standard rule applies: “If there is no paperwork, it didn’t happen.” Forms MUST be filled out so that people can be prosecuted and a decision can be made on what parts of the evidentiary findings can be more solidly prosecuted and whether the case will be tried in a federal or state court.

 

If you think this is a 9 to 5 profession, it’s not. There are many wakeup calls in the middle of the night because an agent is on duty 24/7. FBI agents may be called to other States or even to other countries beyond the home base if the case takes them there. If you are counting on a permanent posting in one city, look elsewhere for a career.

 

When applying to attend the Academy, you won’t be able to hide anything in your background and will have absolutely no secrets from your employers. Because of Robert Hansen, an FBI agent who was a spy for the Russians on and off from 1979 until 2001, there are now polygraphs administered at the beginning of the application process as well as several times during a career in order to avoid further infiltrations by a foreign agent. Your personnel file is available to the Defense Attorney that represents the suspects (defendants) in the cases you work on, so if you have Lack of Candor (you lied or covered up a mistake during your career) in your file, you can be discredited on the stand in court. Agent credibility is essential for successful prosecution of the case.

 

The FBI’s Wide Variety of Cases 

KIDNAPPINGS

After 24 hours, kidnappings that cross state lines come under FBI jurisdiction – use of the telephone or email can make it an interstate crime. The FBI is called in (usually by the police) because of their expertise, resources, ability to negotiate, and quick access to required warrants. The FBI can’t tell families whether to pay any ransom or not, but there is surveillance on the payout if that choice is made.

 

FYI – In general, international kidnappings are handled by negotiators working for the big companies whose employees have been snatched.

 

BOMBINGS

If the FBI is the lead agency, the teams will arrive after First Responders have secured the scene. If the mail is involved, then Postal Inspectors will work the case as well, but if not, then the Alcohol, Tobacco, and Firearms (ATF) unit and an Evidence Response Team (ERT) will be involved. There is some negotiation between the different agency teams so that no duplication of effort occurs.

DEATH ON THE JOB

People see agents depicted as tough and resilient, but let’s face it, field work can be dangerous. Chasing and apprehending fugitives sometimes includes guns and shooting. Bank robberies and other crimes can involve hostages and lethal force.

 

DUPLICATE DRUG INVESTIGATIONS

It doesn’t often happen, but various other government agency investigations might target the same or overlapping drug cartels. Blue on blue conflict can be very risky, so big cities have de-confliction rooms. Before a big bust, someone checks a database for scheduled buys, so that law enforcement agencies aren’t tripping over each other at the scene.

 

COURT OF PUBLIC OPINION

For people doing the day-to-day work, it’s not about the politics, but agents are cast in the same light as Senior Management. That can happen even if the agents personally might have nothing to do with what’s unfolding in Washington, DC or elsewhere in the world. The FBI played no part in the Rodney King events, but after the Rodney King riots in Los Angeles, a big bank case came up. A juror on that case said, “If the LAPD can lie, so can the FBI” and that works both ways.

 

WHITE COLLAR CRIME

White-collar crime refers to fraud perpetrated because of a desire for financial gain. Some scams have cost companies/investors billions of dollars and wiped out entire life savings. Among others, the FBI has investigated cases involving money laundering, securities and commodities fraud, bank fraud and embezzlement, election law violations, telemarketing fraud, and health care fraud. They have worked with the Securities and Exchange Commission, the IRS, the U.S. Postal Inspection Service, and the Treasury Department to catch the worst offenders.

Corporate Fraud is a serious threat to the economy and the FBI concentrates on cases that involve accounting schemes designed to deceive everyone about the true financial condition of a company. Agents specializing in white collar crime look for bogus accounting entries, and fake/illegal trades rigged to protect the trader or avoid regulation. They keep an eye out for insider trading, misuse of corporate property, and tax fraud.

 

LOVE IN THE BUREAU

Relationships have been known to begin within the agency, because not many people outside law enforcement understand/accept the demands of the job. For FBI couples that marry, if both spouses are street agents, the relationship is not an issue. But, if one or the other reaches management level, one can’t supervise the other. If a slot opens up where a spouse is posted, the other can apply, but there is no guarantee that the married applicant will get it.

 

WRITE ALL ABOUT IT?

Everyone must sign a non-disclosure agreement because they can never talk about classified cases. There is a special unit that handles whether or not an agent can write about something – all manuscripts must go through pre-publication review. The only cases that can be written about are those closed cases which are part of the public record. Also, former agents are not allowed to write about investigative techniques or their sources.

 

Besides being a top investigator, AN AGENT IS:

  • a sales person (must be able to sell yourself and your case to the Assistant US Attorney, Judge, and Jury)
  • a communicator (talk, write a convincing document, listen well)
  • a business owner (how much will it take to run the case)

 

Ready to sign up?

Many thanks to Bucky and Chris Cox for generously sharing their time and knowledge about the details of the job of Special Agent in the FBI.  🙂

 

*Photo credits: official photos from the FBI     

 

 

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