josh moulin: basic fire investigation for law enforcement

By:Josh Moulin

Police Officer / Fire Investigator2003

January 2003 © Josh Moulin 1

Instructor Background 8 years of Fire/EMS experience

Left the fire service as a Lieutenant / Fire Prevention Officer when hired as a Police Officer

Certified Fire Code Inspector

Multiple NFPA Certifications

Graduated from the National Fire Academy Fire/Arson School in Emmitsburg Maryland

Conducted multiple Fire/Arson investigations


Objectives Develop a basic understanding of scientific

principles of fire behavior

Relationship between local fire agencies and law enforcement

Terminology used in fire investigation

Role law enforcement plays in fire investigation


Objectives Identify common fire patterns and how they

relate to fire behavior

What makes a fire scene suspicious

Properly document a fire scene

Evidence collection principles for fire scene


Objectives

Case law involving the investigation of fire scenes

Motives of a fire setter

Courtroom testimony for fire investigation


Introduction

The need for a curriculum vitae

Training and experience


Expectations of this Course

What resources are needed for a proper fire investigation

What should you do if you are assigned to a fire investigation

How do you contact resources you may need Where does the fire department’s authority

stop and yours begin


Legal Aspects of Fire Investigations

Oregon Revised Statue gives local fire agencies statutory authority to conduct an “origin and cause” investigation

No warrant needed and no consent needed Investigation must occur “within a

reasonable amount of time”

Fire department must remain on scene


Legal Aspects of Fire Investigation

DA’s office interpretation

Consent forms

Civil litigation

NFPA 921 – Systematic approach to fire Investigation

Exigent Circumstances


Administrative Search Warrants Primary objective must be a neutral plan based on

specific criteria Must show a fire of undetermined origin has occurred

on the premises Cannot unnecessarily intrude on victim’s privacy Evidence found in plain view may be seized in

administrative search warrant Cannot “roam freely” through fire victim’s private

residence Handout


Additional Information

Firefighters may make forceful, unannounced, nonconsensual, warrantless entry into building

Firefighters have the right to remain on premises, not only until fire is extinguished and no danger of rekindling exists, but also to investigate

After origin and cause determined, additional search of premises may be conducted only pursuant to valid warrant


Fourth Amendment Applied to Fire Scenes

Exigent circumstances allow firefighters to enter to fight a fire (Michigan v. Clifford 464 U.S. 287, 294 & Michigan v. Tyler, 436 U.S. 499

Post fire searches are admissible when conducted within a reasonable time

Additional entries, after a reasonable time has passed, must be made pursuant to the warrant procedure


Fourth Amendment Applied to Fire Scenes

Additional investigation after fire is extinguished and firefighters and police have left generally must be made pursuant to a warrant or new exigency.


Oregon Fire Laws Arson I

Arson II

Reckless burning

Criminal mischief

Reckless endangering


Motivations of Fire Setting Spite / revenge Pyromania Crime concealment Arson for profit Civil disorder Vanity Gangs Cults Serial arsonist Drugs


Profile of Serial Arsonist Single white male 20 to 27 years old Unstable family environment High school educated Considered an under-achiever Sloppy and unkept appearance Poorly adjusted socially and sexually If married, usually has periods of separation Feels sense of satisfaction after the fire If arrested, shows no remorse


Resources Available

Local fire department / district

Regional Fire Investigation Team

Local law enforcement

Local insurance companies

IAAI

UL / www.CPSC.gov


http://www.cpsc.gov/

Basic Fire Behavior What is fire?

Rapid, self-sustained oxidation process with the evolution of heat and light in varying intensities

Fire must have four things to survive Heat Oxygen Fuel Chemical Chain Reaction


Fire Components


HeatFu

el

OxygenUninhibited Chain Reaction

Steps of Fire Process

Input heat

Fuel

Oxygen

Mixing

Proportioning

Ignition continuity


Classes of Fire

Class A – Ordinary combustibles

Class B – Flammable / combustible liquids

Class C – Energized electrical equipment

Class D – Combustible metals


Stages of Fire

Incipient stage (growth)

Free burning stage (development)

Smoldering (decay)


Oxygen Needed for Combustion Atmosphere has 20.8 % oxygen content

Open flaming combustion will stop at 15 – 16 %


Fire Phenomena

Flashover

Backdraft – dangerous to police and bystanders especially

Signs of backdraft

Fire gases, superheated gases, soot, smoke


Signs of Fire Physical effects that can be seen or measured

Lines of demarcation – borders defining heat and smoke

Movement patterns

Intensity patterns

Spalling

Clean burn

Calcination


Char

Depth of char as indicator

Consider ventilation

Shows duration


Temperatures Aluminum melts at 1220 F Copper melts at 1981 F Glass melts at 1100 – 2600 F Cigarette 550 F at end, 1250 in center Collapsed springs at 750 F Hardwood – 595-740 F Gasoline – 853 F Average house fire – 1300 F


Fire Patterns Fire will usually go up and out – path of least resistance Shadowing Protection “V” patterns Inverted “V” patterns “U” patterns Light bulbs Arrow patterns


Firefighting Tactics Changing Patterns

Importance of interviewing Fire Department

Hose Streams

Ventilation

Overhaul


Fire Causes


Natural FiresLightning

Earthquake

Wind

No direct human intervention

“Acts of God”


Undetermined

Cannot prove cause

“Under Investigation”

Can be determined at later date


Incendiary Fire

Deliberately set fire

Suspect knows fire should not been set

Mindset of suspect

Never call a fire “suspicious”


Signs of Incendiary Fire Must first eliminate ALL possible accidental causes

Multiple fires

Trailers

Presence of accelerants

Low level burning

Splash patterns

Odors

Flashback

Containers

Removal of household contents


Signs of Incendiary Fire, Cont. Absence of personal papers and items

Location of the fire

Evidence of other crimes

Unnatural fire spread

Previous fires in same structure or with same people

Injuries to occupants or others

Time of day

Limited / blocked entrance or view


Certainty of Opinions Conclusive

All reasonable alternatives to hypothesis are considered and eliminated

Probable More likely than not

Possible Hypothesis can be demonstrated to be feasible but

cannot be declared probable

Suspected Hypothesis may be true, but insufficient data to draw

a conclusion to the exclusion of other reasonable conclusions


Oregon State Fire Marshal’s Office

Required to be notified anytime a fire fatality occurs

Has additional resources


Fire Fatalities Team of fire department, OSFM, local L.E., medical

examiner

Two individual investigations Origin and cause Death investigation

Considerations about moving the body Additional damage OSFM and ME approval

Photography

Fire debris around the body


Fire Fatalities Cont. Why didn’t the person get out?

Obstacles Locks

Past history of people and buildings Fire and life insurance coverage Cause of death

Thermal injury v. CO asphyxiation

If unknown remains exists, consider everything human remains

Typical injuries and conditions found Lividity Eviscerations


There’s a Fire…Now What?

Evaluate scene for safety

Secure scene perimeter

Use “team” approach Consider respiratory

hazards Always talk with IC


There’s a Fire…Now What? Cont., Solicit information about fire suppression

Difficulties Flashback Unusual findings Forcible entry

Time and method of alarm Weather conditions Color of flames and smoke


There’s a Fire…Now What? Cont.,

Scene evaluation “backwards theory” Reconstruction of fire scene

Debris removal Determine fire origin Determine fire cause Document

Field notes Photograph Sketch Report


Evidence Collection Follow standard chain of custody

Realize fire department is usually not well versed in evidence and may need your help

Contamination

Specialized containers

Samples taken at scene

Trace evidence

Accelerant detection K-9’s


Common Law Enforcement Role Assist with interviews, interrogations,

neighborhood canvassing

Assist with evidence collection

Criminal checks on suspects

Investigation may be “handed” off to you if suspect is developed or fire is determined to be incendiary


Vehicle Fires Damage from accidental v. incendiary Look for signs of theft or damage Two scene investigations

Overall scene & vehicle interior

Gas caps and filler tube Shoeprints, fingerprints, skid marks Soil samples Tire pads Interior vehicle examination – combustibles or flammable

liquids Ashtrays


Vehicle Fires, Cont. Window position

Door positions

Attempts taken to extinguish

Presence of personal items

Engine compartment

Vin number and license plates

Fire objectives


Vehicle Fire Objectives Identify point of origin

Usually lowest point and greatest damage

Find the heat source Energy which ignited fire

Determine fuel source Material ignited by heat source

Determine the event of the fire How did heat source and fuel combine to start fire

Determine category of fire Must accomplish 1 – 4 first.


Motives of Vehicle Arson

Mechanical problems Vehicle is lemon, cannot afford needed

mechanical work

Owner’s financial problems Conduct financial check Status on car payments

Witnesses


Terrorism Related Fires / Explosions

ELF / ALF

Use of common devices

ATF notification

Use of tagging

Websites – Anarchist’s cook book


Fire Scene Photos


Roof Condition


Doors / Forcible Entry


Exterior 360 Degree


Arial View


View of SE corner


Interior Garage - Area of Least Damage


South Interior Garage


Electrical Panel


Electrical Main Feed


Top of Porch Landing


North Side of Landing


Underneath of Landing


Outlet on Porch Landing


Stain Cans


Close-up of Stain Cans


Paint Rollers


Heat Damage


Cigarette Butts


Heat Damage


“V-Pattern”


Wide View of V-Pattern


Fire Damage


Fire Patterns



Questions?

josh moulin: basic fire investigation for law enforcement

Education

josh moulin police officer

cause investigation

additional search of

resources available

valid warrant

warrant procedure

law enforcement terminology

objectives case law