|
|
|
FM 3-19.13
LAW ENFORCEMENT
INVESTIGATIONS
JANUARY 2005
Headquarters, Department of the Army
DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited.
*FM 3-19.13
Field Manual
Headquarters,
No. 3-19.13
Department of the Army
Washington, DC, 10 January 2005
Law Enforcement Investigations
Contents
Page
PREFACE
ix
PART ONE
CRIMINAL INVESTIGATIONS AND TESTIMONIAL EVIDENCE
Chapter 1
CRIMINAL INVESTIGATIONS
1-1
Overview
1-1
Objectives of Criminal Investigations
1-2
Army Law Enforcement Investigator
1-2
United States Army Criminal Investigation Laboratory
1-3
Victim and Witness Assistance
1-4
Legal Considerations
1-5
Criminal Intelligence
1-9
Investigations
1-15
Evidence Gathering
1-16
Chapter 2
TESTIMONY ……
2-1
Rules of Evidence
2-1
Trial Preparation
2-1
Courtroom Testimony
2-2
Chapter 3
OBSERVATIONS, DESCRIPTIONS, AND IDENTIFICATIONS
3-1
Overview
3-1
Factors Influencing Observation …………………………………………………….……3-1
Observations and Descriptions by Investigators ……………………………….…… .. 3-3
Observations and Descriptions by Witnesses ………………………………………… 3-8
Identification
3-8
Composite Sketches ………
3-10
Distribution Restriction: Approved for public release; distribution is unlimited.
*This publication supersedes FM 19-20, 25 November 1985.
FM 3-19.13
Page
Chapter 4
INTERVIEWS AND INTERROGATIONS
4-1
Overview
4-1
Testimonial Evidence
4-1
Interview Types
4-2
Interview or Interrogation Setting
4-8
General Rapport Building
4-8
Custodial Versus Noncustodial Settings
4-10
Department of the Army Form 3881
4-11
Trickery and Deceit
4-16
Selection of an Interview or Interrogation Style
4-17
Observation of Behavior (Verbal and Nonverbal)
4-18
Interrogation Process
4-22
Interrogation Phases
4-23
Interrogation Themes
4-27
Approaches
4-28
Alternative Questions
4-30
Proximal and Haptic Techniques
4-31
False Confessions
4-31
Documentation of Statements
4-32
Special Considerations
4-42
PART TWO
CRIME SCENE PROCESSING AND DOCUMENTATION
Chapter 5
CRIME SCENE INVESTIGATIONS
5-1
Legal and Scientific Requirements
5-1
First Military Police Responder
5-2
Initial Notification to the Investigator
5-6
Investigation Team Arrival
5-6
Crime Scene Processing
5-9
Crime Scene Investigation Documentation and Completion
5-15
Chapter 6
NOTES, PHOTOGRAPHS, AND SKETCHES
6-1
Notes
6-1
Photographs
6-2
Cameras
6-3
Crime Scene Photography
6-5
Crime Scene Video
6-12
Sketches
6-13
PART THREE INVESTIGATIONS OF SPECIFIC CRIMINAL OFFENSES
Chapter 7
ARSON AND EXPLOSIVES INVESTIGATIONS
7-1
Arson
7-1
Scene Investigation Completion
7-11
ii
FM 3-19.13
Page
Explosives
7-12
Chapter 8
ASSAULT
8-1
Definitions and Legal Considerations
8-1
Assault Investigations
8-2
Crime Scene Search
8-6
Identification of Witnesses and Suspects
8-6
Chapter 9
BLACK MARKETING
9-1
Detect Black Market Activity
9-1
Obtain Information
9-3
Locate a Supply Source
9-3
Identify Suspects
9-4
Chapter 10
BURGLARY, HOUSEBREAKING, AND LARCENY INVESTIGATIONS
10-1
Overview
10-1
Legal Description of Burglary
10-1
Legal Description of Housebreaking
10-1
Legal Description of Unlawful Entry
10-2
Legal Description of Larceny and Wrongful Appropriation
10-2
Investigative Procedures
10-3
Chapter 11
COMPUTER CRIMES
11-1
Overview
11-1
Electronic Evidence
11-1
Investigative Tools and Equipment
11-2
Crime Scene Security and Evaluation
11-3
Crime Scene Documentation
11-4
Authorization to Seize Electronic Evidence
11-5
Evidence Collection
11-6
On-Site Searches Without Seizure Authorization
11-8
Evidence Packaging, Transporting, and Storing
11-9
Chapter 12
DEATH SCENE INVESTIGATIONS
12-1
Responsibilities
12-1
Investigative Procedures
12-2
Scene Documentation and Evaluation
12-6
Body Documentation and Evaluation
12-8
Decedent Profile Information Establishment and Record
12-12
Investigation Completion
12-14
Types of Death
12-16
Death Investigation Tools and Equipment
12-41
Chapter 13
DRUG TYPES AND IDENTIFICATION
13-1
Legal Considerations
13-1
iii
FM 3-19.13
Page
Preliminary Identification of Drugs
13-1
Clandestine Laboratories
13-11
Chapter 14
ENVIRONMENTAL CRIMES
14-1
Overview
14-1
Definition of an Environmental Crime
14-2
Hazardous-Incident Response
14-3
General Considerations
14-4
Chapter 15
FRAUD INVESTIGATIONS
15-1
Overview
15-1
Identity Theft
15-1
Check Fraud
15-3
Credit Card Fraud
15-5
Fraud Against the Government
15-5
Claims Fraud
15-7
Supply Fraud
15-8
Petroleum Distribution Fraud
15-9
Contracting Fraud
15-10
Standards-of-Conduct Violation
15-11
Chapter 16
ROBBERY
16-1
Overview
16-1
Elements of a Robbery
16-2
Investigation of a Robbery
16-3
Establishment of Modus Operandi
16-6
Strong-Arm Robbery or Muggings
16-7
Robbery of Money-Handling Facilities
16-8
Chapter 17
SEX OFFENSES
17-1
Overview
17-1
Types of Offenses and Activities
17-2
Investigation of Sex Offenses
17-4
Evidence Obtained From Victims
17-6
Evidence Obtained From Suspects
17-9
Scene Processing
17-10
Consent Determination
17-10
Suspect Identification
17-11
Chapter 18
WAR CRIMES
18-1
Overview
18-1
Coordination of Support
18-2
Identification of War Crimes
18-3
War Crime Investigations
18-4
iv
FM 3-19.13
Page
PART FOUR
EVIDENCE
Chapter 19
EVIDENCE MANAGEMENT AND CONTROL
19-1
Overview
19-1
Primary and Alternate Evidence Custodians
19-2
Repository Guidelines
19-2
Suspense Folders
19-5
Evidence Ledger
19-10
Evidence Disposition
19-12
Inspections and Inventories
19-14
Security Standards
19-15
Temporary Evidence Containers
19-16
Chapter 20
FINGERPRINTS
20-1
Describing Types of Prints
20-1
Searching for, Identifying, and Processing Latent Prints
20-2
Preserving Latent Prints
20-3
Lifting Latent Prints
20-5
Conducting Chemical Processing
20-6
Obtaining Record Prints of Living Individuals
20-7
Taking Record Prints
20-7
Obtaining Record Prints of Deceased Individuals
20-9
Chapter 21
FIREARMS, AMMUNITION, AND TOOLMARKS
21-1
Overview
21-1
Recovery and Preservation of Evidence
21-1
Evidence Marking
21-2
Evidence Transmittal
21-4
Laboratory Testing
21-5
Test Firing
21-6
Toolmarks
21-6
Serial Numbers
21-9
Jeweler’s Marks
21-10
Chapter 22
IMPRESSIONS AND CASTS
22-1
Footwear and Tire Track Impressions
22-1
Impression Searches
22-1
Impression Collection and Preservation
22-3
Special Considerations for Tire Track Impressions
22-5
Two-Dimensional Impression Lifting
22-5
Three-Dimensional Impression Casting
22-7
Snow Casting
22-9
Water Casting
22-9
Crime Laboratory Submission
22-10
v
FM 3-19.13
Page
Chapter 23
QUESTIONED DOCUMENTS
23-1
Overview
23-1
Evidence Collection
23-1
Interviews
23-2
Handwriting and Handwriting Comparisons
23-3
Line Quality
23-4
Known Writings
23-5
Tracings and Simulations
23-7
Writings on Walls and Similar Surfaces
23-7
Writing Indentations
23-8
Alterations
23-8
Typewritten Documents
23-8
Typewriter Ribbons and Correction Tapes
23-10
Computer Printer Documents
23-10
Photocopied Documents
23-10
Photocopier Exemplars
23-11
Printed Documents
23-11
Mechanical Impressions
23-12
Rubber Stamps
23-12
Ink Examinations
23-13
Paper Examinations
23-13
Torn, Cut, and Shredded Documents
23-13
Document Dates
23-14
Charred Documents
23-14
Copies as Evidence
23-14
Court Authentication
23-15
Latent Prints on Documents
23-15
Evidence Submitted
23-15
On-Site Assistance
23-16
Chapter 24
DEOXYRIBONUCLEIC ACID EVIDENCE
24-1
Deoxyribonucleic Acid
24-1
Body Fluids
24-4
Hairs
24-5
Fingernail Scrapings and Broken Fingernails
24-7
Combined Deoxyribonucleic Acid Index System
24-7
Combined Deoxyribonucleic Acid Index System Procedures
24-8
Chapter 25
TRACE EVIDENCE
25-1
Overview
25-1
Gunshot Residue Analysis
25-1
Fibers
25-3
Soil
25-6
vi
FM 3-19.13
Page
Building Materials, Safe Insulations, and Similar Evidence
25-7
Glass Fractures and Fragments
25-8
Field Examination of Fractures
25-12
Laboratory Examination of Fragments and Fractures
25-13
Paint
25-14
PART FIVE
ACQUISITION OF POLICE INFORMATION
Chapter 26
SURVEILLANCE OPERATIONS
26-1
Overview
26-1
Qualifications
26-2
Planning
26-2
Surveillance Methods
26-4
Surveillance Types
26-5
Surveillance Initiation
26-10
Chapter 27
UNDERCOVER OPERATIONS
27-1
Overview
27-1
Planning
27-1
Preliminary Investigation
27-3
Assignments Types
27-5
Personnel Selection
27-6
Precautions and Possible Pitfalls
27-6
Contact With the Suspect
27-7
Special Considerations
27-8
Chapter 28
SOURCES
28-1
Categories
28-1
Source Selection
28-2
Source Motives
28-3
Source Interview Techniques
28-5
Source Identity Protection
28-6
Source Control and Handling
28-6
Source Testimony
28-7
Entrapment
28-8
Appendix A
METRIC CONVERSION CHART
A-1
Appendix B
CRIME SCENE PREDEPLOYMENT EQUIPMENT LIST
B-1
Appendix C
EVIDENCE ROOM INSPECTION OR INVENTORY CHECKLIST
C-1
Appendix D
ELECTRONIC DEVICES
D-1
Computer Systems
D-1
Smart Cards, Dongles, and Biometric Scanners
D-4
vii
FM 3-19.13
Page
Network Components
D-4
Miscellaneous Electronic Items
D-5
Appendix E
AFFIDAVIT/AUTHORIZATION TO SEARCH AND SEIZE OR APPREHEND ELEC-
TRONIC DEVICES
E-1
Appendix F
VIOLENT CRIME SCENE CHECKLIST
F-1
Appendix G
FINGERPRINTING PROCEDURES
G-1
Appendix H
TIRE CHART
H-1
Appendix I
PHARMACY FOLD
I-1
Appendix J
TYPES OF SURVEILLANCE
J-1
Basic ABC Procedure With Normal Pedestrian Traffic
J-1
Variations on ABC Procedure With Little Pedestrian Traffic
J-1
ABC Procedure on a Very Crowded Street
J-2
On-Foot Leading Surveillance
J-2
Position Changes
J-3
One-Vehicle Surveillance
J-5
Two-Vehicle or Multiple-Vehicle Surveillance
J-6
Vehicle Leading Surveillance
J-13
Parallel Surveillance
J-14
Progressive Surveillance
J-14
Foot and Vehicle Surveillance
J-16
Surveillant’s Evasive Tactics Responses
J-16
Appendix K
UNDERCOVER MISSION CHECKLIST
K-1
Appendix L
OPERATION PLAN TEMPLATE FOR UNDERCOVER OPERATIONS
L-1
Appendix M
RISK ASSESSMENT MATRIX
M-1
Appendix N
RISK MITIGATION WORK SHEET
N-1
GLOSSARY
Glossary-1
BIBLIOGRAPHY
Bibliography-1
INDEX
Index-1
viii
Preface
This field manual (FM) is a guide for military police, military police investigators (MPIs), and
United States (US) Army Criminal Investigations Command (USACIDC) special agents operating
in all levels of tactical and garrison environments. This manual makes no distinction between the
various levels of investigation, whether it is done by a uniformed military policeman, an MPI, or a
USACIDC special agent. Where appropriate, this manual describes nationally recognized
methods of investigation and evidence examination adopted from the Department of Justice
(DOJ); Federal Bureau of Investigation (FBI); Bureau of Alcohol, Tobacco, and Firearms (BATF);
National Association of Fire Investigators (NAFI); National Institute of Justice; and US Army
Criminal Investigation Laboratory (USACIL). In addition to the techniques and procedures
described in this manual, Army law enforcement personnel are encouraged to seek guidance on
police and investigative matters from other approved official law enforcement sources. Special
terms used are explained in the glossary.
The proponent for this publication is HQ, TRADOC. Send comments and recommended changes
on Department of the Army (DA) Form 2028 (Recommended Changes to Publications and Blank
Forms) directly to Commandant, US Army Military Police School (USAMPS), ATTN: ATSJ-DD,
401 MANSCEN Loop, Fort Leonard Wood, Missouri 65473-8926.
Appendix A complies with current Army directives, which state that the metric system will be
incorporated into all new publications.
Unless this publication states otherwise, masculine nouns or pronouns do not refer exclusively to
men.
ix
PART ONE
Criminal Investigations and Testimonial Evidence
Part One provides information that is critical in understanding the role and
responsibilities of the Army law enforcement investigator. Chapter 1 establishes the
foundation for understanding the objectives of criminal investigations and describes
the investigator’s responsibility to victims and witnesses. Chapter 2 provides an
understanding of trial preparation and describes proper courtroom testimony.
Chapters 3 and 4 describe the many challenges associated with obtaining information
from victims and witnesses and interrogating suspects. These chapters offer the
reader the most current techniques and procedures for conducting interviews and
interrogations (I&I).
Chapter 1
Criminal Investigations
Military criminal investigations are official inquiries into crimes involving
the military community. A criminal investigation is the process of
searching, collecting, preparing, identifying, and presenting evidence to
prove the truth or falsity of an issue of law.
OVERVIEW
1-1. For criminal investigations to be successful, the investigator must
understand the general rules of evidence; provisions and restrictions of the
Manual for Courts-Martial, United States, 2000 (MCM 2000); and the
Uniform Code of Military Justice (UCMJ). Army law enforcement
investigators must also be familiar with the capabilities and limitations of the
USACIL. As investigators adopt a more scientific approach to criminal
investigations and rely more on tangible evidence than on the confessions of
suspects or eyewitness accounts, the relationship between the investigator
and evidence examiners becomes crucial to the success of the investigation.
1-2. Most criminal investigations begin at the scene of a crime (the actual site
or location in which the incident took place). It is important that the first
officer on the scene properly protects the evidence. The entire investigation
hinges on the initial law enforcement responder being able to properly
identify, isolate, and secure the scene. Crime scenes should be secured by
establishing a restricted perimeter. The purpose of securing the scene is to
restrict access and prevent evidence destruction. There are many factors that
Criminal Investigations 1-1
FM 3-19.13
dictate how a crime scene should be protected. However, nationally recognized
standards for crime scene protection suggest the following three-layer or tier
perimeter:
z
An outer perimeter (established as a border larger than the actual
scene to keep onlookers and nonessential personnel safe and away
from the scene).
z
An inner perimeter (allows for a command post and comfort area just
outside of the scene).
z
The core (actual scene).
OBJECTIVES OF CRIMINAL INVESTIGATIONS
1-3. In reality, the objectives of a criminal investigation are not as simple as
just solving cases. Occasionally, a case is unsolvable, yet every lead must be
exhausted. Criminal investigation is both an art and a science. In science, the
absolute truth is often achieved. Experience has shown that in criminal
investigations a less decisive hypothesis may sometimes be all that is possible
to achieve.
1-4. Objectives of criminal investigations are as follows:
z
Determine if a crime was committed.
z
Collect information and evidence legally to identify who was
responsible.
z
Apprehend the person responsible or report him to the appropriate
civilian police agency.
z
Recover stolen property.
z
Present the best possible case to the prosecutor.
z
Provide clear, concise testimony.
ARMY LAW ENFORCEMENT INVESTIGATORS
1-5. Investigators conduct systematic and impartial investigations to uncover
the truth. They seek to determine if a crime was committed and to discover
evidence of who committed it. Investigators’ efforts are focused on finding,
protecting, collecting, and preserving evidence discovered at the crime scene
or elsewhere. Their professional knowledge and skills include crime scene
photography, development of latent fingerprints, and recording crime scene
impressions. They are skilled in the techniques and methods used to interview
witnesses and interrogate suspects.
1-6. Army law enforcement investigators document their actions and relevant
details of an investigation in an investigator’s notebook and use various
methods of crime scene photography and sketches to capture the facts of a
case. They ensure that evidence is accounted for by maintaining a complete
chain of custody to allow it to be admissible in court. They must be skilled in
providing professional testimony. An investigator’s charter is to impartially
find, examine, and make available evidence that will clear the innocent and
allow prosecution of the guilty. As professional fact finders, investigators
maintain unquestionable integrity during a criminal investigation.
1-2 Criminal Investigations
FM 3-19.13
1-7. Army law enforcement investigators frequently perform drug
suppression, surveillance, and undercover operations. These operations are
designed to gather critical information and police intelligence and stop illegal
drug and contraband traffic on military installations. These efforts greatly
increase the security of military communities by identifying criminals and
their associates. Investigators network with other police and intelligence
agencies to report and share information.
1-8. Less experienced investigators can gain valuable experience by reviewing
cases, consulting with peers, and working with experienced investigators.
They also expand their knowledge through formal military and civilian law
enforcement courses designed to teach nationally recognized investigative
techniques.
NEW INVESTIGATIVE CONSIDERATIONS
1-9. As criminal behavior and investigative techniques evolve, even
experienced investigators must learn new investigative methods. Protecting
and retrieving electronic evidence continues to be a challenge for the law
enforcement community (refer to Chapter 11). Advances in technology have
helped serology and blood pattern analysis to become an established part of
the criminal justice procedure. Traditional blood and saliva testing have been
rendered almost obsolete. The development of forensic deoxyribonucleic acid
(DNA) testing has expanded the types of useful biological evidence. DNA is
found in all body tissues and fluids. Because DNA is more sensitive than
traditional serologic methods and is able to withstand far harsher
environmental conditions, DNA testing is often successful when traditional
testing is not (refer to Chapter 24).
SAFETY CONSIDERATIONS
1-10. Personal safety is a priority for investigators. Responding to a crime
scene often places the investigator in danger of exposure to hazards or unsafe
conditions. Personal protection against biohazards, chemical hazards, and
physical hazards often requires special training and equipment. Law
enforcement managers should seek every opportunity to ensure that all police
personnel receive hazardous material (HAZMAT) and critical incident
management training. Numerous federal, state, and local agencies provide
such training. Emergency management agencies often provide HAZMAT and
critical-incident training at no cost to police, fire, and emergency medical
personnel.
UNITED STATES ARMY CRIMINAL INVESTIGATION LABORATORY
1-11. The successful investigation and prosecution of crimes requires (in most
cases) the collection, preservation, and forensic analysis of evidence, which
can be crucial to demonstrations of guilt or innocence. The USACIL provides
forensic and technical services to military criminal investigators. Analyses of
physical evidence ranging from blood and other biological materials to
explosives, drugs, questioned documents, fingerprints, electronic evidence,
firearms, and imaging are conducted by the USACIL. Nationally accredited by
the American Society of Crime Laboratory Directors (ASCLD) and the
Criminal Investigations 1-3
FM 3-19.13
laboratory accreditation board (LAB), the USACIL also serves as a continual
source of new scientific techniques. Laboratory examiners provide expert
witness testimony in court cases regarding the results of forensic
examinations.
1-12. In addition to many innovative forensic techniques, the USACIL
contributes to the Combined DNA Index System (CODIS). CODIS is an FBI
program to database DNA profiles. It allows federal, state, and local crime
labs to compare DNA profiles and to generate investigative leads. All military
criminal investigators should become thoroughly familiar with CODIS (refer
to Chapter 24 for a complete discussion on CODIS).
1-13. Other investigative databases accessed by USACIL that may be of use
to the investigator include the Automated Fingerprint Identification System
(AFIS) and the National Integrated Ballistics Information Network (NIBIN).
These important databases should be considered any time fingerprint and
firearms evidence, such as cartridge casings, are recovered in an
investigation.
VICTIM AND WITNESS ASSISTANCE
1-14. Army law enforcement investigators are required to inform victims and
witnesses of the services available to them. Particular attention should be
paid to victims of serious and violent crimes, including child abuse, domestic
violence, and sexual misconduct. This information can be viewed on-line at
<www.DOD.mil/vwac/> or a copy of the policy can be obtained by writing to
Department of the Army: Criminal Law, Office of the Judge Advocate General
(OTJAG), 2200 Army Pentagon Washington, DC 20310-2200.
1-15. Department of Defense Directive (DODD) 1030.1 and Department of
Defense Instruction (DODI) 1030.2 implement statutory requirements for
victim and witness assistance and provide guidance for assisting victims and
witnesses of crime from initial contact with offenders through investigation,
prosecution, and confinement. Together, the directive and instruction provide
policy guidance and specific procedures for all sectors of the military to follow
for victim and witness assistance.
1-16. The directive includes a bill of rights that closely resembles the federal
crime victims’ bill of rights. Department of Defense (DOD) officials are
responsible for ensuring that victims of military crimes enjoy these rights.
Victim’s rights include the following:
z
The right to be treated with fairness and respect.
z
The right to be reasonably protected from the offender.
z
The right to be notified of court-martial proceedings.
z
The right to be present at court-martial proceedings.
z
The right to confer with the government attorney.
z
The right to available restitution.
z
The right to know the outcome of an offender’s trial and release from
confinement.
1-17. DOD victim and witness assistance programs cover the entire military
justice process from investigation through prosecution and confinement. In
1-4 Criminal Investigations
FM 3-19.13
providing services and assistance to victims, DOD programs emphasize an
interdisciplinary approach involving the following:
z
Law enforcement personnel.
z
Criminal investigators.
z
Chaplains.
z
Family advocacy personnel.
z
Family service center personnel.
z
Emergency room personnel.
z
Equal opportunity personnel.
z
Judge advocates (JAs).
z
Unit commanding officers.
z
Corrections personnel.
DOD victim and witness assistance programs use the following forms to
advise victims and witnesses of their rights during all stages of a case:
z
Department of Defense
(DD) Form 2701 (Initial Information for
Victims and Witnesses of Crime). This form provides notice to victims
and witnesses about their rights and information on the military
justice system.
z
DD Form 2702 (Court-Martial Information for Victims and Witnesses
of Crime) and DD Form 2703 (Post-Trial Information For Victims and
Witnesses of Crime). This form provides notice to victims about their
rights during court martial proceedings and information about the
court-martial process.
z
DD Form 2704 (Victim/Witness Certification and Election Concerning
Inmate Status) and DD Form 2705 (Victim/Witness Notification of
Inmate Status). These forms provide information to victims about the
offender’s sentence, confinement status, clemency and parole
hearings, and release from confinement.
z
DD Form 2706 (Annual Report on Victim and Witness Assistance).
This form provides statistical information about assistance rendered
to victims and witnesses.
1-18. An Interdisciplinary DOD Victim and Witness Assistance Council
provides a forum for the exchange of information and the coordination of
policy recommendations. The council helps to foster the implementation of
consistent and comprehensive policies and procedures to respond to crime
victims and witnesses in all of the military services. A senior program
specialist with the US DOJ, Office for Victims of Crime, serves as a liaison
member.
LEGAL CONSIDERATIONS
1-19. All military personnel are subject to the provisions of the UCMJ. The
UCMJ, as established by Congress, provides one basic code of military justice
and law for all services. The code authorizes the President of the United
States to set rules of evidence; pretrial, trial, and posttrial procedures; and
maximum punishments for violations of the UCMJ. Under this authority, the
President has issued the MCM 2000.
Criminal Investigations 1-5
FM 3-19.13
THE MANUAL FOR COURTS-MARTIAL
1-20. The MCM 2000 is a primary source document for matters relating to
military justice. This executive order (EO) implements the provisions of the
UCMJ. It establishes the military law of evidence. The MCM 2000 is divided
into four parts: a table of contents; the body, which is divided into parts; the
appendixes; and the index.
The Body
1-21.
The body of the manual is divided into the following five parts:
z
Part I, Preamble. Part I is a brief discussion of military jurisdiction
and the nature of military law.
z
Part II, Rules for Courts-Martial. Part II outlines the steps that
must be taken to hold a proper military court-martial. It covers
matters ranging from military jurisdiction to posttrial appeals. It
discusses both the rights of the accused and the obligations of the
government.
z
Part III, Military Rules of Evidence. Part III is mainly for the use
of trial lawyers in the courtroom. But certain provisions of the rules
impact heavily on the investigator’s everyday activities. In particular,
Section III of Part III discusses the rules and related matters
concerning self-incrimination, search and seizure, and eyewitness
identification.
z
Part IV, Punitive Articles. Part IV contains a thorough discussion
of crimes punishable by the military. Each punitive article is
discussed and illustrated separately. This part is particularly
important to investigators, because it offers a guide for the
investigation, showing what facts are important and need to be
determined. Part IV contains the text of the article, lists the elements
of the offense, gives an explanation of the offense and examples, lists
any lesser-included offenses, lists the maximum punishment, and
gives a sample specification.
z
Part V, Nonjudicial Punishment. Part V deals with the rules of
nonjudicial punishment under the UCMJ, Article 15.
The Appendixes
1-22.
The two most important appendixes in the MCM 2000 are Appendixes 1
and 2.
z
Appendix 1. This appendix contains The Constitution of the United
States, which sets the bounds within which the federal government
must operate.
z
Appendix 2. This appendix contains the UCMJ. The UCMJ creates
the law while the MCM 2000 implements and defines the law. If the
MCM 2000 conflicts with the UCMJ as interpreted by the Court of
Military Appeals, the code must be followed. Federal rules of evidence,
as developed in federal courts, are used to assist in the interpretation
of the manual when military law is silent on the question.
1-6 Criminal Investigations
FM 3-19.13
PARTICIPANTS IN A CRIME
1-23. The primary participants in a crime are the “principals.” The UCMJ
discusses principals in detail. The person who directly commits an offense is a
principal and so is an aider and abettor of a crime.
1-24. The aider and abettor share the criminal intent of the perpetrator.
Being present at the scene of a crime or failing to prevent a crime does not
make someone an aider and abettor. But someone who counsels, commands,
induces, or procures another to commit a crime is an aider and abettor. An
aider and abettor is a principal even if he is not present at the scene of the
crime and even if the person he solicits to commit the crime does so by a
means other than what was planned.
1-25. An aider and abettor, if his intent or state of mind is more culpable than
that of the perpetrator, may be guilty of an offense of greater seriousness than
the perpetrator. The reverse is also true. If, when a homicide is committed, the
actual perpetrator acts in the heat of sudden passion caused by adequate
provocation, he may be guilty of manslaughter. But the aider and abettor who
hands a weapon to the perpetrator during this encounter with shouts of
encouragement for him to kill the victim may be guilty of murder. On the
other hand, two persons may agree to commit robbery by snatching purses in
a particular place. If one acts as a lookout and the other, without the lookout’s
knowledge, seizes a victim and rapes her after taking her purse, the
perpetrator will be guilty of rape and robbery, but the aider and abettor will
only be guilty of the robbery.
1-26. An investigation of any given crime may also reveal the criminal
liability of an accessory after the fact. A person who is an accessory after the
fact is someone who, knowing that an offense under the UCMJ has been
committed, receives, comforts, or assists the offender to prevent his
apprehension, trial, or punishment. An accessory after the fact is also
someone who, knowing that a crime has been committed, helps conceal the
crime. Mere knowledge that a crime has been committed does not make
someone an accessory after the fact. The person must have had a legal duty to
report it or must have committed some overt act designed to prevent the
punishment of the criminal. Conviction of the perpetrator of the offense to
which the accused is allegedly an accessory after the fact is not a prerequisite
to the trial of the accessory.
LEGAL PROTECTION OF JUVENILES
1-27. Most job contact with juveniles occurs when investigating minor
offenses, such as disturbing the peace. Sometimes contact is made when
juveniles are seen committing acts that could be harmful to people or
property. Usually, police personnel stop the misconduct and, when needed,
refer the incident to the parents. The investigation into the causes of the
misconduct and the collection of background data is limited to essential
information. Investigators may extend the investigation to include the
conduct of the child’s military sponsors if that conduct is dangerous or
harmful to the child.
1-28. Investigative steps for the gathering of evidence in juvenile offenses are
the same as those used in cases involving adult suspects. Ensure that the
Criminal Investigations 1-7
FM 3-19.13
juvenile is processed according to Chapters 401 and 403, Part IV, Title 18,
United States Code (18 USC). Children are protected from unwarranted
treatment.
1-29. If juveniles are to be detained, remember that detaining juvenile
suspects in confinement facilities, detention cells, or hospital prisoner wards
is strictly forbidden. Juveniles may be temporarily detained in the offices of
the post commander or provost marshal (PM), but check with the office of the
Staff Judge Advocate (SJA) to ensure that proper conditions exist. Unless a
juvenile is taken into custody for serious offenses, do not take any fingerprints
or photographs of him without written parental or judicial consent. Contact
the office of the SJA to ensure proper judicial authority. Do not release any
names or pictures of juvenile offenders to the public.
1-30. All records of juvenile offenders must be secured and released only on a
need-to-know basis. During juvenile proceedings, data on the juvenile and the
offense may only be given to the court, the juvenile’s counsel, and others
having a need to know. Others may include courts or agencies preparing
presentence reports for other courts, or they may be police agencies requesting
the information for the investigation of a crime. Records may also be released
to a treatment facility that a juvenile has been committed to by the courts.
The director of that facility must submit an inquiry in writing. Records may
be released to an agency considering the subject for a position involving law
enforcement or national security.
1-31. Records should give detailed listings of regulations that the juvenile has
violated. They should include the disposition made by civilian authorities.
Permanent records are not made for nonessential minor incidents or
situations resolved in conference with parents of the juvenile. If a juvenile is
found innocent, all records of the offense (including fingerprints) must be
destroyed, sealed by the court, or disposed of according to local directives.
GENERAL RULES OF EVIDENCE
1-32. Military law enforcement investigators must develop skills and
techniques to recognize, collect, evaluate, process, and preserve evidence.
Evidence is the source from which a court-martial or jury must form its
conclusions as to the guilt or innocence of an accused. Evidence is the means
by which any alleged matter of fact is proven or disproved. Evidence includes
all matters, except comment or argument, legally submitted to a court.
1-33. Military investigators conduct inquiries to find evidence and make it
available for presentation in court. Something more than a mere collection of
evidence is required of a successful investigation; the evidence obtained must
be admissible in court.
1-34. A basic knowledge of the rules governing admission and rejection of
evidence is fundamental to an investigation. This knowledge is needed to
conduct inquiries and to prepare cases that will present to the court enough
admissible and reliable information upon which to base a proper decision.
Only evidence that satisfies the rules of admissibility is admitted.
1-35. Evidence from a search or a seizure is not admissible in a court-martial
or in a federal judicial proceeding if it was obtained as a result of an unlawful
1-8 Criminal Investigations
FM 3-19.13
search of the accuser’s property. This is called the “exclusionary rule.”
Evidence that is derived from an exploitation of an illegal act may also be
inadmissible under what is known as the “fruit of the poisoned tree” doctrine.
1-36. To be admissible, evidence must be relevant. Relevancy requires that
the particular item of evidence have some tendency to prove or disprove a fact
to be decided at the trial. All relevant evidence is admissible at trial unless
some rule of law forbids its consideration by the court.
1-37. When submitting evidence, the main concern is the admission of facts
and pertinent materials and not their “weight.” The weight accorded a
particular item of evidence is a question for the court-martial or jury to
determine. The weight of evidence is its relative importance among differing
items of evidence in a case. For example, an alibi being established by a
defendant accused of murder would have more weight as evidence if a
physician testifies he was attending the defendant in his home at the time of
the alleged offense than if the defendant’s mother testifies he was at home in
bed at that time. The testimony of both is admissible, but it is apparent that
greater weight would be given to that of an impartial witness than to
testimony from a mother favoring her son.
CRIMINAL INTELLIGENCE
1-38. Army law enforcement agencies are the primary liaison representatives
of the Army to federal, state, local, and host nation (HN) agencies for
exchanging police intelligence. They collect criminal intelligence (CRIMINT)
and human intelligence (HUMINT) within the provisions of applicable
statutes and regulations. Army law enforcement agencies have the capability
to analyze and disseminate collected time-sensitive information concerning a
criminal threat against Army interests. The value of such intelligence cannot
be overemphasized; it not only serves the purpose of police investigations, it
also contributes to the development of countermeasures to safeguard Army
personnel, materials, information, and other resources.
DEFINITIONS
1-39. The definitions for police intelligence operations (PIO) and CRIMINT,
as defined by the Army law enforcement PIO critical task selection board, and
other intelligence sources are provided in the following paragraphs:
z
Police intelligence operations. PIOs are those operations
conducted by law enforcement, security, and intelligence
organizations. PIOs are designed to collect, analyze, fuse, and report
intelligence regarding threat and/or criminal groups for evaluation,
assessment, targeting, and interdiction.
z
Criminal intelligence. CRIMINT is the result from the collection,
analysis, and interpretation of all available information concerning
known and potential criminal threats and vulnerabilities of supported
organizations. Refer to Army Regulation (AR) 525-13.
z
Commander’s critical information requirement (CCIR). CCIR is
a comprehensive list of information requirements identified by the
commander as being critical in facilitating timely information
Criminal Investigations 1-9
FM 3-19.13
management and the decision-making process. The CCIR affects
successful mission accomplishment. The two key subcomponents are
critical friendly force information requirements (FFIR) and priority
intelligence requirements (PIR). Refer to Joint Publication (JP) 1-02.
z
Friendly forces information requirement. The FFIR is
information that a commander and his staff need about which friendly
forces are available for operations.
z
Priority intelligence requirement. The PIR is based on those
intelligence requirements for which a commander has an anticipated
and stated priority in the task of planning and decision making to gain
current battle information.
z
Essential elements of friendly information (EEFI). EEFI are the
critical aspects of a friendly operation that, if known by the enemy,
would subsequently compromise, lead to failure, or limit success of the
operation and, therefore, must be protected from enemy detection.
According to FM 3-0, although the EEFI are not part of the CCIR,
they become a commander’s priorities when he states them. The EEFI
help commanders understand what enemy commanders want to know
about friendly forces and why.
z
Measurement and signature intelligence (MASINT). MASINT is
scientific and technical intelligence information obtained by the
quantitative and qualitative analysis of data (metric, angle, spatial,
wavelength, time dependence, modulation, plasma, and
hydromagnetic) derived from specific technical sensors for the purpose
of identifying any distinctive features associated with the source,
emitter, or sender and to facilitate subsequent identification and/or
measurement of the same.
z
Human intelligence. HUMINT is a category of intelligence derived
from information collected and provided by human sources.
z
Criminal intelligence cycle. The CRIMINT cycle is effective
intelligence results from a series of interrelated activities. The
intelligence cycle is a continuous process of collecting and converting
data into intelligence products to be integrated into operations. The
cycle consists of five phases with continuous evaluation and feedback
at each stage and at the end of each cycle. With the minor modification
of adding “reporting” to the second phase, the following text outlines
the intelligence cycle as discussed in AR 525-13:
CRIMINT planning and directing.
CRIMINT collection and reporting.
CRIMINT processing.
Analysis and production.
Dissemination and integration.
1-10 Criminal Investigations
FM 3-19.13
PLANNING AND DIRECTING
1-40. Planning and directing identifies CCIR, sets priorities for collection or
interdiction, and provides guidance for the management of collection or
interdiction assets. In this phase, planners should consider the following:
z
What. The activities or indicators that will confirm the threat event.
z
Where. The probable locations of the threat event including the
points of vulnerability or target value, such as mission-essential
vulnerable areas (MEVA).
z
When. The time that the threat event may occur. Indicators and
warnings may predict this.
z
Why. The justification of the intelligence requirement. This is
important for prioritizing collection and interdiction efforts.
z
Who. The persons or agencies who need the results.
1-41. Once priorities have been set, a collection plan is prepared based on the
intelligence requirements, available collection assets, and other factors
including time and self-protection. The Army law enforcement version of the
reconnaissance and surveillance (R&S) plan as discussed in FM 101-5 is
typically used in the patrol distribution plan. The patrol distribution plan will
do the following:
z
Synchronize intelligence requirements with collection by prioritizing
collection tasks.
z
Assign law enforcement assets for collection and interdiction coverage,
such as patrols, checkpoints, and access control points, with special
emphasis on vulnerable areas or other highlighted areas.
z
Manage collection assets (such as patrols, contraband detectors, and
access control teams), special services (such as investigations, K-9,
physical security, and school resource officers), or external support
(such as operationally controlled units, aviation, and explosive
ordnance disposal [EOD]).
z
Provide indicators and special instructions.
COLLECTION AND REPORTING
1-42. Collection involves the gathering of relevant data and raw intelligence
products needed to produce actionable intelligence. To be effective, collection
should be planned, focused, and directed based on the CCIR. Analysts must
assist commanders and staffs to identify those gaps in information
requirements that will help complete the threat picture. Commanders and
staffs must also prepare collection assets based on their capabilities and
limitations. The important addition of “reporting” to this already existing
phase captures the critical activity performed by Army law enforcement
personnel. This addition stresses the importance of reporting during all
operations and is not PIO specific. Reporting integrates intelligence with
other essential police activities, such as interdiction, legal adjudication, or
numerous other activities (such as investigations, physical security, and
vulnerability assessments).
Criminal Investigations 1-11
FM 3-19.13
Collection
1-43. Army law enforcement officers and agents are natural collectors; they
are highly adaptable to any collection plan. They can provide effective
collection as an independent mission while conducting any of the other four
core military police functions or while providing protection program services.
Missions that can result in collection opportunities include (but are not
limited to) tactical or nontactical patrols, criminal investigations, route
reconnaissance, checkpoints, dislocated civilian population operations,
physical security inspections, or first-responder services.
1-44. Army law enforcement can choose from an array of existing and
emerging technologies to collect intelligence. In addition to the collection of
CRIMINT and HUMINT, intelligence managers should leverage available
image intelligence (IMINT), signal intelligence (SIGINT), and MASINT assets
to improve collection results. Today, Army law enforcement must be prepared
to request and use satellite imagery, aviation assets for air scan or search-
and-rescue support, cell phone blocking and intercepting technology, EOD
services for postblast analysis, or any other available assets. Intelligence
managers can also use police intelligence networks and databases as an
important source for collecting raw data and completed intelligence products.
1-45. Collection can occur at any level. While military police patrols in both
tactical and nontactical environments collect more raw information for input
into data streams than any other Army law enforcement element, ascending
levels of collectors in both military police and Criminal Investigation Division
(CID) headquarters (HQ) gather both critical information and existing
intelligence products. For example, when conducting an auto theft
investigation, a special agent in charge (SAC) may query and receive from
local civilian law enforcement completed auto theft cases with a similar
modus operandi (MO). In this case, the SAC (as a collector) has not collected
mere data but rather a developed intelligence product for entry into the
product stream for further analysis and fusion. The results of collection are
submitted through reports.
Reporting
1-46. Reports can be transmitted verbally or in writing, as hard copy reports,
or by using Internet services. There are numerous Army law enforcement
reports used for a variety of activities such as military police reports (MPRs),
reports of investigation, situation reports (SITREPs), debriefs, and spot
reports (SPOTREPs). While the means for transmitting reports can vary, it is
important that reporting is standardized and that reporting through data
entry points is fully understood by all collectors to ensure report timeliness.
Data entry points may include:
z
Military police patrols.
z
Military police stations or substations.
z
Installation or camp access/entry control points (gates).
z
CID resident agency.
z
Joint law enforcement operation centers.
1-12 Criminal Investigations
FM 3-19.13
z
Tactical operations center.
z
Special or proponent staff members.
z
Network forums.
PROCESSING
1-47. Through this phase, intelligence is processed into data and product
streams from subordinate units and external agencies at each level of the
organization. Data and product streams are the natural flow of information or
intelligence through established systems or protocols such as communication
links, reports, and database sequencing.
1-48. Intelligence processing occurs at set points to reduce raw data into
manageable portions for analysis and production. Processing is similar to
what was traditionally considered collation and involves an initial evaluation
to ensure that the intelligence is valid, reliable, and sufficient. During
processing, intelligence is prioritized according to current collection and
production requirements. During processing, intelligence managers should do
the following:
z
Prioritize incoming data according to collection and production
requirements.
z
Organize intelligence by category, such as crime or threat, and by the
particular product or end user.
z
Enroll information into databases.
z
Collate actionable intelligence into interim products; for example, the
battalion Intelligence Officer [US Army] (S2) consolidates patrol-
debriefing reports into a single intelligence summary (INTSUM).
ANALYSIS AND PRODUCTION
1-49. In this phase, criminal intelligence analysts accomplish formal analysis
and production using the standard established techniques outlined below. It is
important to remember that informal analysis and other forms of production
occur throughout all phases of the intelligence cycle. As discussed under
collection, examples of informal analysis result from intuition, experience, and
training.
Analysis
1-50. In analysis, intelligence from multiple sources is synthesized and
interpreted to produce a more complete picture than may be evident from just
a summary of intelligence data. Similar to collection, analysis is prioritized to
address CCIR through production requirements.
Production
1-51. Intelligence production includes products developed to provide
situational awareness or convey meaningful information regarding the threat
picture. There is a multitude of intelligence products provided by law
enforcement, force protection and antiterrorism managers, and intelligence
agencies. Army law enforcement, for example, produces monthly crime
surveys, physical security vulnerability assessments, crime analysis surveys,
Criminal Investigations 1-13
FM 3-19.13
criminal intelligence reports, and computer crime vulnerability assessments.
While some products are developed only once, others are produced on a
recurring basis. Regardless of the product, an effective intelligence production
should provide actionable intelligence for planning and directing intelligence
collection, threat countermeasures, or interdiction operations. More
specifically, intelligence products should provide the following:
z
Identity of the person, group, organization, and nation.
z
Timelines indicating either an immediate or future threat.
z
Location of potential attack points, safe houses, and so forth.
z
Motivation and goals.
z
Priority targets for further collection or interdiction.
z
Triggers to improve operations, tactics, techniques, and procedures
(TTP), and standing operating procedures (SOPs).
1-52. Computer automation and software have dramatically improved
production of intelligence products. Ideally, products will use standardized
formats and software. Members of the PIO network should understand the
intent and message of shared intelligence production. Final production should
be closely coordinated with the office of the SJA, security managers, and other
relevant representatives to promote efficient and effective dissemination and
integration. Include the lowest appropriate classification, appropriate routing
systems, and other restrictions that may affect secondary dissemination or
integration.
DISSEMINATION AND INTEGRATION
1-53. Dissemination and integration takes analysis and production “off the
shelf,” and places them in the hands of the operators. If activities in this phase
are not properly conducted, the result is an ineffective link between planning,
collection, and production requirements and the subsequent execution of
collection or interdiction. Accuracy and timely dissemination are essential to
achieving effective integration of intelligence products into operations.
Dissemination
1-54. The objective of dissemination is to provide intelligence to meet user
requirements. Systems used for dissemination must ensure effective
intelligence by matching intelligence products with the appropriate end user
at the correct place and by using the correct media at the correct time. No
matter what the quality of the product, it serves little purpose if it is not
disseminated to the commander in time to use in the decision-making process.
This can only be achieved by using standard distribution systems that are
readily accessible to all appropriate intelligence users. A security level
appropriate for the content must be provided, yet caution must be taken to not
overclassify the information.
1-55. Distribution systems include both push and pull mechanisms.
Dissemination has traditionally been accomplished between producers and
customers by using push mechanisms such as those distributed using Secret
Internet Protocol Router Network (SIPRNET) e-mail, hard-copy distribution,
or a secure fax. This can be extremely efficient for recurring products when
1-14 Criminal Investigations
FM 3-19.13
supported by effective interagency liaison or networks. The push system
requires a scheduled exchange where both the producer and user are available
and, therefore, may not be as effective for unscheduled production. Push
systems are also less efficient than pull systems because they distribute
intelligence through a planned distribution network of users regardless of
their needs.
1-56. Intelligence dissemination using pull mechanisms has become
increasingly more popular as advances in technology have allowed production
to be positioned on standard Internet sites that are accessible to intelligence
requestors using standard but secure retrieval protocols. The pull system is
equally effective for both recurring and situational or event-specific products.
As products are developed, they can be positioned on the site for ready access.
Such sites also provide a platform for organizing products by threat category,
level, or location that allows users to efficiently browse and select intelligence
relevant to their needs. It is important when using this system that producers
update the site as appropriate to ensure that posted intelligence products are
current. It may help to establish a special marking system to delineate
between current and dated intelligence that still may have value.
Integration
1-57. Integration is the ultimate recognition that intelligence supports
operations. Integration enables intelligence managers to support both mission
planning and execution, ensuring that intelligence is effectively linked to
operations. Effective integration can occur either as part of a deliberate
planning process or as part of self-generating processes or production cycles.
The subsequent discussion of this phase clearly identifies the formal processes
that Army law enforcement routinely conducts everyday.
INVESTIGATIONS
1-58. Conducting a successful investigation is often the result of having a
wide range of knowledge and using common sense in its application. There are
certain actions that apply to all investigations. Investigators follow these
intelligent and logical steps to ensure that an investigation is conducted
systematically and impartially. There are certain actions that, over time, have
proven useful for specific investigations. It is a wise investigator who
understands and applies the knowledge, skills, and techniques learned for a
particular investigation and uses them wherever they are most useful in any
investigation. This means that, in order to conduct a successful larceny
investigation, the investigator must do more than just follow the investigative
process and the guidelines for investigating larcenies. Knowing and using a
technique usually used for investigating a robbery may be just what is needed
to help solve a larceny case.
HYPOTHESIS DEVELOPMENT
1-59. Success on any case is always a function of intellect and experience.
Develop a hypothesis that serves as the framework for the case. The
hypothesis is based on a survey of the crime scene. It is simply a set of
Criminal Investigations 1-15
FM 3-19.13
reasoned assumptions of how the crime was committed and the general
sequence of acts that were involved.
HYPOTHESIS MODIFICATION
1-60. Reassess the hypothesis as new facts and leads are uncovered.
Investigators must overcome a natural tendency to make contradicting
information fit a set of existing assumptions. For example, if there is
substantial evidence that a murder was committed at the place where the
body was found, it is tempting to ignore a fact or a lead that does not fit that
assumption. Often, the lack of some item or event is just as important as its
presence. As an investigator obtains new information, he must be willing to
modify or change his initial ideas about how a crime was committed. Only
through constant reassessment can the full value of his experience be
realized.
EVIDENCE GATHERING
1-61. Generally, the art of an investigation lies in gathering and evaluating
information and evidence, both testimonial and physical. Testimonial
evidence, like sworn statements of eyewitness accounts and admissions of
guilt, is obtained through communication with people. Physical evidence, like
identified weapons and fingerprints, is obtained by searching crime scenes,
tracing leads, and developing technical data.
1-62. Investigators must always be evidence conscious. The scene of any
crime is evidence in and of itself, as is the testimony of trained investigators
regarding observations and findings. Both physical and testimonial evidence
are vital to the successful prosecution of an investigation.
TESTIMONIAL EVIDENCE
1-63. Obtaining testimonial evidence requires skillful interpersonal
communication (IPC) with human sources of information, particularly with
the persons directly involved in a case. Questioning victims, witnesses,
complainants, suspects, and sources is the investigative method most often
used to obtain testimonial evidence. It is also the method used to obtain
background information that gives meaning to the physical evidence collected.
The solution to many crimes is the direct result of leads and testimonial
evidence developed through interviews and interrogations.
1-64. All law enforcement personnel must be skilled in IPC to elicit useful
information. They must know how and when to ask the “right” questions. An
investigator's attitude and method of questioning, as much as the questions
asked, can elicit the leading information and testimonial evidence needed to
bring an investigation to a successful conclusion.
1-65. Victims and witnesses are questioned to gain information that will help
show the facts of the crime. Investigators should do the following:
z
Question victims and witnesses to gather information on what they
saw, know, or did in regard to an offense.
z
Check information received from one person against information
received from another.
1-16 Criminal Investigations
FM 3-19.13
z
Question sources for information pertaining to the case under
investigation.
z
Ask questions to obtain observations and develop descriptions that
will identify suspects.
z
Question suspects to remove suspicion from the innocent and give the
guilty an opportunity to confess.
z
Record information obtained from interviews and interrogations.
From this information, develop statements that may become
documents admissible in court as evidence when sworn to under oath
and signed by the swearer (see Chapter 4).
EVIDENCE EVALUATION
1-66. Frequently, the successful outcome of a case depends on an accurate
evaluation of the evidence. Evaluation of evidence begins with the first
information received about the occurrence of a crime. Evaluate evidence in
light of the circumstances and conditions found at the crime scene and the
information obtained by questioning persons connected with the event.
Evaluate each piece of evidence individually and collectively in relation to all
other evidence. If doubt exists about the evidentiary value of an item, secure
and process it as evidence. Later evaluation can determine the worth of the
item as evidence to the investigation.
1-67. After evaluating evidence and statements of expected testimony
gathered during the preliminary investigation, decide what facts are still
required to establish the elements of proof of the offense being investigated.
Coordinate with other agencies and commands to gain the information or
documents needed to support the investigation. Make sure administrative
action is started early to secure help from and refer undeveloped leads to
others agencies. Take early action to give other agencies time to comply with
requests. Exploit every available local source of information while awaiting
replies or action.
1-68. Carefully use selected sources and seek out reliable persons who possess
information that is material to the case. Check with the criminal information
office or the joint police information team. The information needed can often
be obtained from a central location. Also, contact the US Army Crime Records
Center (USACRC) to see if suspects have a past record or if victims have ever
been victims of another crime. If new information is found, ensure that it is
widely disseminated.
1-69. Evaluate evidence again in light of all new information. Support the
evaluation with common sense and sound judgment enhanced by your past
experience. Discuss the evaluation of the evidence with supervisors, other
investigators, technicians, other experts in a given field, or the office of the
SJA.
1-70. Continue this evaluation process until the investigation has been
concluded. Prepare a final report to document the findings when an
investigation has been completed. The report must reflect the who, what,
where, when, why, and how of the offense. A final report must be a thorough,
timely, and objective evaluation of the findings.
Criminal Investigations 1-17
Chapter 2
Testimony
The final and most severe test of an investigator's efficiency is often as a
witness before a court of law. The effectiveness of the evidence can be
directly affected by the impression the investigator makes as a witness.
Testimony is only effective when it is credible. Credibility is established
when the investigator articulates his testimony with sincerity, knowledge
of the facts, and impartiality. Although the substance of his testimony is of
great importance, equal significance is attached to his conduct on the
stand and to the manner in which he presents the facts discovered during
the course of the investigation.
RULES OF EVIDENCE
2-1. For an investigator to be better equipped to provide testimony, he
should—
z
Guide the investigation so that evidence relevant to the issues
receives primary consideration.
z
Acquire a general knowledge of what is occurring in the courtroom.
z
Understand what the defense and prosecuting attorneys are trying to
achieve through a particular strategy.
z
Recognize relevant and material evidence with an understanding of
the rules as they apply to hearsay, confessions, polygraph results, and
documents.
z
Testify only to the facts that he acquired firsthand, through his own
senses. This means that he cannot be prompted to provide an opinion
unless he is recognized as an expert witness. It also means that it is
permissible for him to pause before providing a seemingly
inadmissible answer, which allows the opposing counsel an
opportunity to object.
TRIAL PREPARATION
2-2. The final result in bringing a successful investigation to a close is often
the investigator's testimony in the courtroom. The investigator must prepare
carefully and ensure that all known case facts are in order. Whenever the
investigator is preparing for trial, he should coordinate with the counsel, who
is calling him as a witness, in order to prevent misunderstandings and
surprises. The investigator should develop a close working relationship with
the trial counsel (TC) so both parties will clearly understand the questions
that will be asked and the answers that will be provided. The investigator
must be professional in every way and never give the impression that he is
Testimony 2-1
FM 3-19.13
attempting to conceal information from the court. The accused has the right to
a fair trial regardless of the investigator's opinion.
COURTROOM TESTIMONY
2-3. Military police training seldom devotes sufficient time to trial
preparation and testimony. A good police witness must be positive and firm in
answering all questions. Military police and investigators must be taught to
defend against the tactics used by lawyers in the courtroom. They must use
intelligible and understandable language when talking to the panel or
members of the court. Military police have been trained to recognize that
providing good first impressions and giving solid concluding statements in
testimony give them an advantage in the courtroom.
FIRST IMPRESSIONS IN THE COURTROOM
2-4. Impressions that the investigator first gives in a courtroom are critical to
his testimony. The following guidelines will assist the investigator in setting a
good first impression with the members of the court:
z
Know what to do when entering the courtroom. This may require the
investigator reporting ahead of time to get familiar with the layout of
the room.
z
Walk confidently. The investigator should appear secure without
looking cocky or arrogant.
z
Carry any notes or reports in a clean manila folder in your left hand if
they are taken into the courtroom. This leaves the investigator's right
hand free for taking the oath; however, any notes taken into the
courtroom can, and likely will, become a record of trial.
z
Stand straight and face the administrator of the oath with the palm of
your right hand facing that person.
z
Answer the question, “Do you swear to tell the truth, the whole truth,
and nothing but the truth, so help you God?” in a clear, firm voice. The
investigator should not look at anyone other than the administrator of
the oath.
z
Sit in the chair with your back straight when instructed to take the
stand, but be comfortable. The investigator should keep his hands
folded in his lap or rested on the arms of the chair. He should avoid
becoming rigid, fidgeting in the chair, or swiveling the chair around.
This is distracting to the testimony and may be perceived as
indications of deceit or anxiety.
z
Hold any notes and/or reports in your lap while on the stand. If the
investigator must refer to them, he should do so before responding to
the question and should not wave them around when referring to
them during testimony.
INVESTIGATOR’S TESTIMONY
2-5. The prosecutor will ask the investigator for his full name, social security
number (SSN), unit, and duty position. Before appearing in court, the TC and
the investigator should discuss whether the investigator will be requested to
2-2 Testimony
FM 3-19.13
disclose his military rank and, if so, what the appropriate response should be.
Additionally, depending upon the nature of the offense, the investigator may
be requested to provide a summary of his investigative training relating to the
investigation that he intends to testify about. The investigator must be
cognizant of inadmissible statements, which include information related to—
z
Privileged communication.
z
Hearsay.
z
Polygraph results or declinations.
z
Opinions (unless the investigator is a qualified and recognized expert
in the related field of questioning).
z
Statements about the character and reputation of the defendant, to
include a past criminal record (unless the statements establish a
pattern of conduct).
2-6. The investigator testifies only to what he saw, heard, or did. He does not
testify to what he thinks or believes, heard about, or was told about unless the
information falls within one of the exceptions to the hearsay rules of evidence
as described in the MCM.
2-7. The verbal and nonverbal factors of the investigator are equally
important to the success of an effective testimony.
Verbal Factors
2-8. The following are verbal factors that are important to the success of an
effective testimony:
z
Speak slowly and deliberately, with expression, and loud enough to be
heard. Do not use profanity or vulgarity unless asked to provide the
exact words of the suspect, victim, or witness. If profanity or vulgarity
is present in those words, forewarn the court.
z
Pause briefly to form answers before answering each question. If an
opposing counsel makes an objection, stop speaking until the court
rules on the objection. Never blurt out answers to a question objected
to by the counsel.
z
Only refer to notes for clarification of exact details; do not rely on
them. Note dependence weakens the testimony and gives the
appearance of not being prepared. The investigator's notes may be
introduced into the record.
z
Answer questions from either counsel in a polite, courteous manner.
When a question is not understood, ask that it be repeated or clarified.
If the investigator does not know the answer to a question, he should
respond with “I do not know.” He should not speculate or guess.
Testimony 2-3
FM 3-19.13
Nonverbal Factors
2-9. The following are nonverbal factors that are important to the success of
an effective testimony:
z
Appearance. Present a clean and well-kept appearance, dress in
appropriate business attire, and ensure that personal grooming
standards are according to AR 670-1, unless an exception for ongoing
covert activities is authorized. In such instances, ensure that the TC is
aware of this authorization before any anticipated testimony. If an
exception to policy is authorized, the investigator’s appearance should
still be neat and professional.
z
Posture. Present a comfortably straight posture when standing and
sitting. Refrain from slouching, as this may suggest contempt or a lack
of confidence.
z
Gestures. Use meaningful gestures to emphasize what is being
stated, but avoid waiving and using excessive hand movements.
z
Eye contact. Make eye contact with the person for whom the
information is intended. The investigator must be aware that the
primary audience of his testimony is the panel. It is appropriate for
the investigator to look at the counsel who is asking the question
while it is being asked, but he may look at both the counsel and the
panel when he provides his response. Common sense must be used
when answering a series of short questions.
z
Rates and tone of speech. The rate at which the investigator speaks
may have an effect on the panel's perception of his credibility. If he
gives his testimony too quickly, the panel may not hear him.
z
Movement. Avoid movements that are annoying and distracting.
AGGRESSIVE DEFENSE COUNSEL
2-10. During examination by the defense counsel (DC), it is not uncommon for
him to become overbearing or aggressive. The DC may demand “Yes” or “No”
answers to complex questions or to questions that present parts that could be
answered “Yes” while other parts could be answered “No.” The best approach
for investigators dealing with a DC who employs these tactics is to turn to the
judge and advise him that he cannot accurately respond to the question with a
“Yes” or “No” answer, and seek his guidance and intervention. In most cases,
the judge will ask the DC if he wants the question answered and then issue
instructions to him on how to resolve the conflict. It is paramount that
investigators never take an adversarial tone with the DC. If the DC is hostile
while the investigator is calm and composed, the loss of credibility and respect
will impact the DC, not the investigator. Conversely, if the investigator loses
his temper or becomes hostile, his professionalism and credibility are
diminished in the eyes of the panel.
CROSS-EXAMINATION
2-11. The most difficult part of testifying is usually the cross-examination.
The investigator must remain calm during cross-examination and avoid
arguing. The DC will use a variety of questioning techniques to establish
possible inconsistencies or prejudice. He may attempt to cast doubt on the
2-4 Testimony
FM 3-19.13
investigator’s testimony in an attempt to get an acquittal. It is important for
the investigator to remember that the DC is merely doing his job the best way
he can and that such attacks are not personal, they are merely a tactic used to
create doubt. The investigator must be familiar with the methods of attack for
cross-examination to avoid falling prey to such tactics. These tactics include
the following:
z
Acting overly friendly or brutal.
z
Attacking the investigator’s skills or knowledge of investigative
procedure.
z
Using rapid-fire questioning.
z
Employing the silent treatment after the investigator’s response.
z
Demanding a simple answer to a complex question.
z
Asking leading questions.
z
Misquoting the investigator and declaring him incompetent or
inconsistent. The investigator should not become defensive, but may
merely restate his previous testimony in correcting the perception of
inconsistency. Investigators should not argue with the DC.
z
Attempting to force contradictions. The DC repeats the question using
slightly different verbiage in an attempt to create disparity in the
investigator’s answers. The investigator should merely say, “As I
previously stated,” and repeat his earlier response.
TESTIMONY CONCLUSION
2-12. The investigator has completed his testimony. This does not mean he
should let his guard down. He must maintain the same presence that he had
when he entered the courtroom. He should leave the stand when directed to do
so. While leaving the stand, he should not direct his attention to the DC,
defendant, prosecutor, judge, or panel members. The investigator should do
the following:
z
Determine if he has been temporarily or permanently excused. If he
has been permanently excused, he may observe the remainder of the
proceedings or leave the court building and return to work. If he has
been temporarily excused, he should return to the waiting area until
he is permanently excused.
z
Show neither approval nor disapproval of a verdict rendered to a
defendant.
z
Do not discuss testimony with anyone other than the TC until the case
has been adjudicated.
Testimony 2-5
Chapter 3
Observations, Descriptions, and Identifications
Investigators rely on their five senses when performing the supporting
investigative skills of observing, describing, and identifying persons,
places, events, and objects. While sight and hearing are most often
depended upon, other senses, such as smell and touch, may occasionally be
used advantageously to further the success of an investigation. When
honed, the skills of observing, describing, and identifying become
invaluable investigative tools.
OVERVIEW
3-1. Observations help investigators build descriptions of persons, places,
events, and objects so that who or what was seen may later be identified.
Descriptions help an individual relate what he saw to others. They may be
either written or oral. They include signs, gestures, sketches, and other means
to convey information about what was seen by an observer. Accurate
observations and descriptions add to credible identifications of persons,
places, and objects in an investigation.
FACTORS INFLUENCING OBSERVATION
3-2. The ability to observe accurately is developed through practice and
experience. Most people are not trained in remembering and evaluating what
they see, so the observations and descriptions they provide may not be as
detailed or as objective as those of a trained observer. Trained observers, such
as investigators, know that their observations can be affected by lack of sleep,
illness, perceptions, or other outside influences. Influences include the
following:
z
Environmental factors, such as weather and light.
z
The presence of unrelated, distracting events. These events cause an
individual to focus his attention in a particular direction; for example,
a spectator watching an exciting play on a football field may fail to
note the actions of a person sitting next to him.
z
The passage of time between when an event is seen and when it is
recalled. This time delay can cause the observer to forget or confuse
the details of the event, thus influencing his description of what he
saw.
z
The location of an observer at the time he sees an event influences
what he sees. It is unlikely that more than one or two people will view
an event from exactly the same place, therefore, a difference in
location may account for a difference in their observations. Someone
observing an event from a great distance may be able to give a good
Observations, Descriptions, and Identifications 3-1
FM 3-19.13
overall description of what took place, but he might not be able to see
and give the details that someone at close range could give. Likewise,
the closer person may be unsure of the overall picture.
z
Psychological, physiological, and experiential factors. These factors
influence what people see and how they retain the information. People
tend to evaluate and interpret what they observe by their past
experiences with like incidents. They are inclined, for instance, to
compare the size of an object with the size of another object with
which they are familiar. A very short or very tall person may fail to
judge another's height correctly. Someone 6 feet tall may seem “very
tall” to an observer only 4 feet 10 inches tall. The same 6-foot person
would appear to be “normal height” to a person 5 feet 10 inches tall.
z
Unfamiliar sounds, odors, tastes, and other perceptions. A bartender
can relate to and accurately describe these factors and his relationship
to a brawl that occurred in his place of business. However, a young 21-
year-old man who made his first visit to the bar on the night of the
brawl probably could not recall much about any of these factors
because they were new and unfamiliar to him. Stimuli, which cannot
be easily compared to a past experience, is often mistakenly
interpreted in terms of familiar things, and a wrong interpretation of
a past experience may influence the perception of a present
experience.
z
Personal interests. Special interest training may increase one's power
of observation, but it may also limit the focus of attention, causing the
loss of other details. Specialists often have acute perception within
their own field, but fail to be observant in other fields. An artist may
take special note of color, form, and proportion, but fail to discern or
properly interpret sounds or odors. Conversely, a mechanic may
quickly note the sound of a motor or an indication of the state of repair
of a car, but fail to clearly discern the appearance and actions of the
driver.
z
Pain, hunger, fatigue, or an unnatural position of the body. Discomfort
may cause an observer to fail to correctly interpret things he would
normally comprehend. The senses of taste and smell are often
distorted by physical illness and external stimuli. These senses are
generally the least reliable basis for interpretation. The presence of a
strong taste or odor may completely hide the presence of other tastes
or odors.
z
Emotions (fear, anger, or worry) and mind sets (prejudice or irrational
thinking patterns, such as a victim of a robbery may have been in
great fear of the weapon used by the criminal). He may only be able to
recall the size of the bore of the weapon and not be able to describe the
offender. Such a person might be expected to exaggerate the size of the
bore. Sometimes an observer may have great prejudice against a class
or race of people. For example, a person who dislikes police may
unwittingly permit this prejudice to affect his view of the actions of a
night watchman or a security guard. How he interprets what he sees
may be wrong, even if his senses recorded a true report of what
occurred.
3-2 Observations, Descriptions, and Identifications
FM 3-19.13
OBSERVATIONS AND DESCRIPTIONS BY INVESTIGATORS
3-3. Investigators must use a systematic approach to observations and
descriptions in conjunction with the use of notes, photographs, videos, and
sketches. These help the investigator to remember what he observed and also
help to improve the accuracy of descriptions. Generally, accuracy is most
assured if a set pattern is followed. The pattern used most often for
observations starts with general features and moves to specific features. For
example, when observing a person to develop a description, look first at
general features like sex, height, and race. Then check features like color of
hair and eyes, unusual scars, and specific body weight. Next, note changeable
characteristics like clothing, eyeglasses, hats, and hairstyles. Lastly, note the
mannerisms and behavior of the person.
3-4. When an investigator observes a person to try to match him to a
description, he may change or reverse his pattern of observation. This is most
likely if the person he is looking for has some very noticeable feature. For
example, if a man with a limp were being looked for, the first feature one
would look for would be the limp, followed by his general features, and then
his specific features. Even when reversed, a pattern using a systematic
approach is being followed.
PERSONS
3-5. When observing and describing a person, start with the person’s general
features, beginning at the head and progressing downward to the feet. This
process should continue until all characteristics have been noted through the
changeable characteristics.
General Features
3-6. When describing the general features of a person, include the following:
z
Gender.
z
Ethnic background or race.
z
Skin color.
z
Height.
z
Build and posture, such as stout, slim, or stooped.
z
Weight.
z
Age.
z
Complexion, such as flushed, shallow, or fair.
Specific Features
3-7. Every individual has features or a combination of features that are
unique or distinguishing to only him. Because these features set him apart
from others, they are the most important part of the description of a person.
To describe the specific features of a person, begin by describing the size and
shape of the head and then move to the profile, mentally divide it into three
parts. Describe each third in separate detail and in relation to the whole. (The
profile, unless it has a peculiarity, is not as useful as the shape of the face for
Observations, Descriptions, and Identifications 3-3
FM 3-19.13
identifying people.) See Table 3-1 for descriptive features. This table is not
intended to be all inclusive.
Table 3-1. Descriptive Terms for People
Term
Description
Face
Long, round, square, fat, or thin. Had scars or acne.
Hair
Color (to include fad colors), thick, thin, long, short, straight, wavy, curly, groomed,
unruly, style, texture, partially bald, or completely bald. Wore a wig or hairpiece.
Forehead
High, low, or wide.
Eyebrows
Thin, bushy, or average thickness.
Eyes
Color, small, large, wide-set, close together, piercing, oval shape, or round shape.
Wore glasses.
Nose
Large, small, long, short, pug-nosed, broad, narrow, straight, crooked, large
nostrils, deep-pored, or hairy.
Ears
Large, small, close to the head, protruded away from the head, and number of
piercings, if pierced. Wore hearing aids.
Mustache
Color, short, long, thick, thin, handlebars, or pointed ends.
Mouth
Large, small, straight, upturned, or drooping.
Lips
Thick or thin.
Teeth
Large, small, protruding, bucked, spaced, close-set, gold, broken, or missing. Wore
a retainer or other observable dental work.
Chin
Broad, narrow, short, long, square, pointed, round, or double-chinned.
Beard
Color, long, short, bushy, thin, groomed, or free-flowing. Wore a goatee
Neck
Thin, thick, long, or short.
Shoulders
Broad, narrow, square, drooped, or muscular.
Arms
Length (compared to the rest of the body).
Hands
Slim, thick, well-groomed, dirty, missing, or mechanic's hands. Had crooked digits.
Distinguishing marks
Tattoos, scars, cuts, moles, birthmarks, or amputations.
Personal mannerisms
Calm, nervous, male with feminine traits, or female with masculine traits. Scratched
his nose, ran his hand(s) through his hair, jingled his keys, or flipped coins.
Individualities
Limp, unusual gait, muscle twitch (of the eye, mouth, or the like), or smile (such as
one that would not be forgotten). Spoke with a stutter.
Voice and speech
Tone (low, medium, or loud), soft, gruff, nasal twang, pronounced drawl, foreign
accent, or mute condition. Spoke in cultured, vulgar, clipped, fluent, or broken
English.
Clothing
General description (include hat, scarf, and gloves), military or civilian uniform, well-
groomed, or bloodstained. Wore a certain type of footgear.
3-4 Observations, Descriptions, and Identifications
FM 3-19.13
Table 3-1. Descriptive Terms for People (Continued)
Term
Description
Jewelry
Any that was observed, such as earrings, watches, toe rings, necklaces, or
bracelets.
Makeup
Type of makeup worn and whether it appeared to disguise the natural face, such
as, wore lipstick that made the lips look larger.
Vehicle
Color, type, make, model, year, and damages (location and extent). The location
where the vehicle was observed.
Weapon
Location and type. How the weapon was carried or who left the scene with it.
Changeable Features
3-8. These features are those that the person who is being observed can
readily change. It may be his clothing, hairstyle, use of cosmetics, or any other
item that he uses to portray his identity. Investigators must look for deceptive
ploys while observing changeable characteristics, such as the person having a
false limp or wearing a hairpiece or glasses.
DECEASED PERSONS
3-9. When an investigator is observing and describing a dead person, possibly
the victim of a crime, he is describing traits that are permanent, that a person
does to “create” himself, and that an offender creates on the deceased.
Permanent Traits
3-10. These traits include a description of those characteristics that the
person was born and died with and are not readily changeable. For example,
an Asian female dies at age 35 and is 4 foot 9 inches tall and weighs 100
pounds. Her gender, race, skin color, eye shape, height, and number of teeth
cannot be changed.
Personal Appearances
3-11. When describing what a person does to himself, an investigator is
concerned with the clothing, footgear, jewelry, makeup, hair (such as, the
color and style and whether it is real or artificial), and any other item that a
person can change to make himself appear different than his natural self. This
includes cosmetic changes, such as implants, hairpieces, body piercing, and
tattoos.
Traits Created by an Offender
3-12. When the body of a deceased is being observed for the traits that an
offender created or changed, the investigator is looking for those things
specifically altered from their normal state, such as any teeth knocked out,
cuts to the neck and abdomen, trauma to the skin, stab or close-contact
wounds, or any hair or limbs chopped off.
Observations, Descriptions, and Identifications 3-5
FM 3-19.13
PLACES
3-13. To show the exact scene of an incident or crime, an investigator will
have to make detailed observations of places and locales. The purpose may be
to connect the place to an incident or to connect the place to information given
by a witness.
3-14. Descriptions should cite the elements the investigator observes. The
goal is to give a concise and easily understood word picture of the scene.
Sketches and photographs will support the word description. The pattern of
observation will depend on whether the investigator is looking at an outdoor
or indoor scene.
Outdoor Scenes
3-15. While observing and describing outdoor scenes from their general to
specific characteristics, look for natural or man-made landmarks and do the
following:
z
Note the general scene and its relation to roadways, railways, and/or
shore lines. Use these features to pinpoint the general site.
z
Pinpoint exact site locations in relation to fixed or semifixed features,
such as buildings, bridges, or power line poles.
z
View outstanding objects or features within the scene.
z
Check the details of the scene and any items of high interest. Some
outdoor sites may not have such landmarks, so they will need to be
marked for reference.
z
Mentally assign boundaries to the area. Use boundaries that are
neither too far apart nor too close together.
Indoor Scenes
3-16. Indoor scenes have obvious and definite boundaries like walls, hallways,
and basements and are easier to observe and define than outdoor scenes.
Because an indoor area often contains many objects, it is very important to
use a methodical pattern of observation. Investigators must do the following
in the right order:
z
Note the location of the place to be observed, and state if it is at the
front or rear of the building and at what floor level.
z
Check the distances to stairways, entrances and exits, and elevators.
z
Get the room number or other designation. Observe details near the
entries to the area that is the specific point of concern, and note the
objects located within the area.
z
Get the exact location as it relates to other objects of interest or
concern.
EVENTS
3-17. If an investigator is present when an unlawful event occurs, he must
observe and remember it systematically and quickly. Take in the important
factors of time, place, persons, objects, and actions involved and the
immediate results of the event. These factors are involved in the essential
3-6 Observations, Descriptions, and Identifications
FM 3-19.13
questions of who, what, when, where, why, and how. In most cases, the
investigator arrives at the scene of an incident after the crime has occurred.
He seldom sees an event as it takes place. His observation of connected actions
after an event may give him major clues in whole or part to what did take
place.
3-18. Small, but important actions or events often provide an important lead
for an investigation. Verbal remarks, emotional states of excitement, gestures,
looks of concern, and unlikely claims of lack of knowledge can all be clues. An
investigator may get leads from such things as the way a fire burned, the
presence of certain fumes or odors, the sound of a voice, or the warmth of a
body. These deductions may aid in reconstructing the cause, start, or progress
of an incident or offense. Investigators must recognize related acts or
conditions and understand them correctly.
3-19. The description of an event must be as complete as the circumstances
allow. It should contain the following facts: time, place, order of action, objects
and persons involved, and what happened because of these factors. To get a
thorough and logical description of an event, an investigator must think about
it in terms of his observations and from the point of view of possible witnesses
or victims. He must consider statements made by witnesses, victims, and
suspects and evaluate the physical evidence from the crime scene. A
description of an event must be supported with sketches, photographs, and
collected evidence.
OBJECTS
3-20. The pattern of observation an investigator uses to describe objects is
like the pattern used to describe people; go from the general features to the
specific features. This same pattern is used when trying to find objects to
match an already built description.
3-21. Start with the general features that clearly define the broad category of
the object. This prevents it from being confused with objects of other classes.
In identifying objects—
z
Use a noun to describe it, such as a car, gun, or club.
z
Note its type, size, and color.
z
Look for other general features that are easy to discern and that may
help give quick, sure recognition.
z
Describe the specific features of the object that set it off from all other
like items, such as whether or not the car has a sunroof or whether or
not the radio or computer is portable.
z
Search for any damage or alterations that make the item unique.
z
Look for serial numbers or other identifying marks and labels.
3-22. Distinguishing marks, scratches, alterations, damaged parts, worn
areas, signs of repair, faded paint, serial numbers, identifying markings, and
missing parts must be noted in detail. For example, when observing and
describing a computer, begin with the brand name. Then list it as
“nonportable, large technological wall model, light gray in color, serial number
NM97JT02.” Include remarks like “No previous damage or markings” or
Observations, Descriptions, and Identifications 3-7
///////////////////////////////////////
|
|