Burglary Investigations

Burglary Investigations Enabling Objectives 5.5.1 Identify the characteristics of physical evidence which should be identified, collected, and preserved in a burglary investigation. ¥ Experience has shown that most burglars are convicted on circumstantial evidence. Therefore, any physical evidence located at the crime scene will be critical to the case. ¥ The investigating officer at the scene should make note of the point of entry, method of entry used, and type of tools apparently used. These facts can be matched against the modus operandi of known offenders. ¥ Physical evidence such as fingerprints, footprints, and tool marks, or pieces of tools that may have broken during the burglary, are especially valuable in identifying the culprit. ¥ Blood from the perpetrator getting hurt from making a force entry is evidence that should be collected. ¥ Physical evidence should be collected, marked for identification, and a chain of custody initiated. 5.5.2 Identify effective investigative techniques for investigating the offense of burglary. ¥ The first step in investigating any scene is to make sure the scene is secure. ¥ Once scene safety has been established, ask the victim to avoid handling anything, and try to keep them in an undisturbed portion of the scene. ¥ Limit traffic through the building with only authorized people moving around. ¥ Rope off or barricade the area that was burglarized to preserve evidence. ¥ The preservation of evidence is key. ¥ Collect information to file a report, for example, names, addresses, witness statements, description of stolen property. ¥ Any physical evidence at the scene should be properly collected, recorded, and processed. ¥ The investigating officer should make a detailed list of all items taken. A thoroughly detailed list will include item description, model numbers, serial numbers, other identifying numbers, or codes, unusual marks such as scratches and dents, and values. ¥ Knowing what type of equipment was used to commit a burglary produces an investigative lead for the officer to follow. ¥ Separate witnesses and victims 5.5.3 Identify the elements of the offense of burglary. ¥ Without authority, or in other words, without legal right or privilege or without permission of a person legally entitled to withhold the right. Evidence: Broken down door, entry made through window, etc. ¥ Enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. Evidence: Finding the defendant in the home with fingerprints at the point of entry With the intent to commit a felony or theft. Evidence: The presence of valuable things can support an inference to steal ¥ 1st Degree: Dwelling, ¥ 2nd Degree: Not a Dwelling ¥ 5.5.4 Identify methods of operation common to the offense of burglary. ¥ The method used to gain entry into a structure depends on two factors: the burglar9s preference, and opportunity. ¥ Roof and Wall Entries, Floor Entries, Door Entries, Window Entries, Entry through vents and other openings. Summary 1. Burglary is a property crime, and there are several related offenses. The elements of burglary are outlined in O.C.G.A. §16-7-1. The specific elements of related crimes can be found in O.C.G.A. §16-7-20 (Possession of Tools to Commit a burglary) through 16-7-23 and 16-8-7. 2. Anyone convicted of burglary shall be guilty of a felony and will be punished by a term of not less than one year in prison. 3. Burglary tools can include, but are not limited to explosives, slim jims, key blanks, bolt cutters, pry bars, lock picks, tension wrenches, chemicals, torches, welders, or any other tool used for cutting, burning, or opening containers. Burglary tools are most commonly found on professional burglars. The mere possession of these items is not a crime unless the officer can determine that the possessor has intends to use them to commit a crime. 4. There are four types of burglars: opportunists, who look to take advantage of unsecured property; destroyers, who will use force to break in to a structure to steal something they want; prowlers, who plan out their activities, stake out their targets, and take their time looking for the most valuable property to steal; and, professionals, who take considerable time in planning the commission of his or her act to ensure success. 5. Burglaries can be classified as residential or commercial. Residential burglaries can occur in multi-family units, such as apartments, duplexes, or residential hotels; and, singlefamily units such as houses or mobile homes. Commercial burglaries can involve retail stores, warehouses, storage facilities, offices, or any other business. 6. Burglars tend to use force to enter a structure, although many simply take advantage of an unlocked door or window to make entry. Forced entry can be made by cutting holes in roofs, walls, or floors, or by jimmying a door or window. Holes in the structure9s exterior, such as those intended for ventilation or large electrical ducts offer another means of entry for the determined burglar. 7. Specific information about responding to crimes in progress will be covered in another module, but officers should, when planning their approach to the scene, consider whether or not a reported burglary in progress is taking place while the structure is occupied. A silent approach may be appropriate to a report of a burglary at an unoccupied structure, to prevent alerting the perpetrator of the officer9s approach. However, if the structure is occupied, the use of lights and sirens may help scare the perpetrator away, thus reducing the possibility that the occupant might be injured or taken hostage. 8. Once on the scene, the responding officer must make sure that the scene is secure and should ask the victim not to touch anything. Unless the agency is going to send a crime scene tech to process the scene, those duties will fall to the first responding officer. 9. Thorough documentation is crucial. Statements should be taken from the victim and any potential witnesses. 10. The officer should document all physical evidence found at the scene and should note the method and point of entry and exit, as well as other conditions related to the modus operandi. 11. Fingerprints, footprints, tool marks and other evidence should be photographed, and collected or preserved for further processing as much as possible. 12. Officers should look for evidence at both the point of entry and inside the residence, as well as in the neighborhood and the surrounding area. 13. Professional burglars always have an eye out for safes. The fire resistant safe if less secure than the burglar resistant safe; however, both are susceptible to being carried away from the premises is not permanently secured to the structure. 14. Officers can provide victims information on ways to prevent further burglaries. Some suggestions include making the location less attractive to burglars by taking steps to securing the location and remaining vigilant about keeping doors and windows locked. 15. The same physical safeguards that might be used at a residence are appropriate for commercial locations as well. Other suggestions an officer might offer a business owner is to reduce temptation by removing high-value items from windows and leaving cash register doors open when the business is closed to show that there is no money in the drawer. Robbery Investigations Unit Objectives 5.6.1 Identify the characteristics of physical evidence which should be identified, collected, and preserved in a robbery investigation. ¥ The robbery is a crime scene should be processed and photographed. ¥ Possible locations of fingerprints and other evidence must be protected. ¥ Any physical evidence should be collected to help identify the perpetrator. ¥ If surveillance cameras were in use, the recording should be obtained and developed as quickly as possible. Any other crimes committed should also be detailed. ¥ Other evidence that might be present include latent fingerprints, footprints, weapons or other items that might have been dropped or intentionally discarded as the perpetrator left the scene. ¥ The assigned unit should immediately obtain the necessary information to file a report. 5.6.2 Identify elements of the offense of robbery and armed robbery The elements of offense of robbery are: " The intent to commit a theft; " The taking of property; " From the person or the immediate presence of another; " By use of force, intimidation, or by sudden snatching. ¥ The elements of armed robbery are the same as those of robbery, with one major distinction. Rather than using intimidation, threats, or sudden snatching, there must be the < use of an offensive weapon, or any replica, article, or device having the appearance of such weapon= ¥ The minimum sentence for someone convicted of armed robbery is 10 years. Armed robbery that involves the taking of controlled substances from a pharmacy and the intentional infliction of bodily harm can result in a minimum sentence of 15 years imprisonment. ¥ Each of these distinct crimes requires that the property be obtained by the perpetrator. If this is not accomplished, the crime is not complete and must be charged only as an attempt or aggravated assault with the intent to rob. 5.6.3 Identify effective techniques for investigating the offense of robbery and armed robbery. ¥ Understanding the type of robber, for example, the professional and the amateur. ¥ When responding to calls in which the robbers have already left the scene, officers must prioritize the care of any injured parties. ¥ It is also important to get the description(s) of the suspect(s) as quickly as possible while they are fresh in the victim(s) mind ¥ It is also critical that the officer report the Modus Operandi of the crime, so that investigators can identify crime patterns and possibly identify a potential suspect. ¥ Finally, the property and its value must be properly described, whether it be some tangible item or cash. Summary 1. The elements of robbery are found in O.C.G.A. 16-8-40 and include: the intent to commit a theft; the taking of property; from the person or the immediate presence of a person; by use of force, intimidation, or sudden snatching. 2. The elements of armed robbery are found in O.C.G.A. 16-8-41 and include the same requirements as robbery, except that the property must be taken by the use of an offensive weapon. 3. Any item can be considered an offensive weapon if it is used in an aggressive, attacking manner, and the victim has a reasonable perception that the weapon was offensive. 4. Because Georgia law, Venue generally (O.C.G.A. 17-2-2) requires criminal actions to be prosecuted in the county in which the crime is committed, it is critical to establish the precise location where the robbery occurred. 5. There are three primary types of robberies: commercial, bank, pedestrian, and residential. 6. Bank robberies are a federal crime, and fall under the jurisdiction of local, state, and federal law enforcement agencies. 7. Professional robbers take time to plan their crimes in advance, making contingencies for a variety of scenarios.. They may or may not involve other criminals. 8. Amateur robbers are often motivated by the need to feed a drug or alcohol addiction. 9. The first officer to arrive at the scene of a robbery should NEVER attempt to enter the location alone, but should seek cover and/or concealment. NEVER approach a robbery suspect without backup. 10. Physical evidence, such as surveillance footage, fingerprints, and items left behind should be collected using standard evidence procedures. 11. Witness statements should be collected and obtained as soon as possible after the scene has been secured. 12. The incident report should include details on the modus operandi used in the robbery so that investigators may be able to link it to similar crimes by the same perpetrator. Death Investigations Unit Objectives: 5.15.1 Identify the responsibilities of peace officers as required by the Georgia Death Investigation Act. ¥ Before identifying and collecting evidence, make sure the crime scene has been photographed and sketched. There are two steps in collecting evidence. First, the large objects are collected, then smaller pieces of evidence. ¥ Collecting evidence takes care. Put liquids in bottles, protect cartridges and spent bullets with cotton and put in small containers, put other pieces of evidence in appropriate containers and preserve for later packaging. ¥ One officer should collect the evidence while another carefully records the location, description, and condition of each item. All evidence must be identified by the officer that collects it and initialed by the officer who records it. ¥ Each item of evidence should be marked in a way that can be recognized later by the officer that collected the item and the officer that recorded it. The officer should indicate date and case number as well as personal identifying marks or initials. ¥ Do not alter, change, or destroy evidence or reduce its value by making identification marks. ¥ Protecting the crime scene is the primary concern of the first officers on the scene. After any emergency responsibilities, the first officers begin to preserve and protect any evidence. ¥ Photographs of the crime scene should be taken at different angles. Pictures should be of the crime scene only, without other individuals or spectators present. Close-ups should also be made at different angles. Detailed shots of important evidence, i.e., the body, gun, empty cartridge cases, etc., should be taken. ¥ After the crime scene has been photographed and searched, a crime scene sketch should be made. The crime scene sketch is a measured drawing of the crime scene showing the location of all physical evidence. 5.15.2 Identify effective investigative techniques for investigating a death. ¥ In any serious assault case, it is always the officer's first responsibility to attend to the injured party. The word "serious" here may mean any life- threatening or permanent loss of body function. This also goes for victims and suspects. ¥ One of the preliminary signs (not proof) that death has occurred is the cessation of breath. ¥ In death, the eye usually becomes fixed and dilated. A partial restriction of the pupil begins in about seven hours. Completely cloudy in sixty hours. ¥ Estimating the time of death is important because it relates directly to whether or not the suspect could have been at the scene and the sequence of deaths in multiple death cases. ¥ Post-mortem lividity is caused by the cessation of cardiac activity and the resultant cessation of the body's blood flow. Blood will settle in response to gravity to the lowest parts of the body, nearest the ground. Post-mortem lividity normally takes on a dark blue or purple color and appears under the skin in the body's lower surfaces. Lividity generally sets between thirty minutes to two hours after death and will become fixed between eight to twelve hours. ¥ Rigor mortis is the stiffening of the body after death. It first appears first in the small muscle groups, such as the jaw, neck, hands, and feet, then progresses to larger muscles. Sets in between three and six hours after death, depending on the activity of the deceased. Rigor mortis reaches its maximum extent in eight to twelve hours and remains for about four hours. It will disappear entirely within thirty-six hours. ¥ Cadaveric Spasms, muscles become very tense. For example, suicides will have a cadaveric spasms in their hand around a gun. ¥ Identifying weapons and signs indictive of suspicious death. Ex: Gunshot wounds, Bludgeon, Sharp Instruments, Poisons, Asphyxiation, Burning, Explosions, Electrocution, and Lightning. Summary 1. Title 45, Chapter 16, Article 2 of the O.C.G.A. is known as the Georgia Death Investigations Act. The act outlines the duties, responsibilities, and authority of a law enforcement officer during death investigations. 2. Preliminary signs of death include the cessation of breathing and the conditions of the victim9s eyes. 3. Estimating the time of death is an important piece of the investigation because it relates directly to whether the suspect could have been at the scene. 4. Some ways the time of death can be estimated include an evaluation of changes in the eyes, body temperature, post-mortem lividity, rigor mortis, and cadaveric spasms. 5. Gunshot wounds can be classified as contact (flare back), near contact (powder burns around entry wound), and distance wounds (blast effect with round or oval entry wound). 6. When investigating gunshot wounds, it is important for the officer to note the size and shape of the wound. 7. People who were stabbed may display defense wounds, indicating a possible homicide. 8. Poisons can be injected into the blood stream, inhaled as gases, absorbed through the surface of the skin, or taken in foods and liquids. 9. Asphyxia deaths are caused from insufficient oxygen to support the red blood cells from reaching the body tissues and the brain. 10. Asphyxia is the result of many causes including choking, drowning, smothering, strangulation, hanging, swallowing of certain chemicals, poisoning, or drug overdoses. 11. Autoerotic asphyxiation occurs when a person seeks sexual gratification from placing a rope around the neck and causing enough oxygen to be restricted to cause him or herself to become semiconscious. Indications of this type of death are a nude or partially nude body, mirrors placed around to observe the ritual, and signs of masturbation. 12. Protecting the crime scene is the primary concern of the first officers on the scene. 13. Before identifying and collecting evidence, make sure the crime scene has been photographed and sketched. 14. There are several methods of conducting a crime search: move in straight lines north and south and east and west; search specific assigned sections; and, assign foot patrols or patrol cars. 15. Any witnesses having knowledge of the crime should be separated and their account of the incident should be recorded. 16. Whether the identification is done at the scene or the location of the suspect, it is important that the victim or witnesses identify the suspect as soon after the crime as possible so that details of the suspect9s description is still clear in their mind. 17. It is commonly assumed that the purpose of questioning a suspect is to elicit a confession or an admission of guilt. However, the primary objective is to gather information. 18. Field notes are important because of the inability of people to remember such details as dates, times, exact words of witnesses, victims, suspects, serial numbers, measurements, etc. 19. Notes should be very specific, and each interview should be recorded on separate pages. 20. The crime scene report is the culmination of field notes as a formalized report that serves many important purposes but primarily preserves information. Sex Offense Investigations Unit Objectives: 5.3.1 Identify the characteristics of physical evidence which should be identified, collected, and preserved in a sex offense investigation. ¥ Officers should instruct victims to not to wash, clean up, or change clothes until after the medical examination to preserve evidence. ¥ Certain information from the rape victim is essential for evaluation of seminal stain evidence. Failure to obtain these facts can result in inaccurate evaluation of scientific evidence and in ineffective and/or unsuccessful prosecution of the case in court. ¥ Many times, particularly in a rape case, there is considerable tangible evidence. Typically found at a sex crime scene is hair, fiber, blood, seminal fluid, etc. ¥ Sexual Assault Examination Kit (This kit is provided by the G.B.I. Crime Lab. Collection should be performed by medical doctor or SANE. The kit is used to collect and preserve evidence of a rape but should never be referred to as a 5.3.2 Identify the elements of specific sex offenses. ¥ Rape: Carnal Knowledge is any penetration of the female sex organ by the male sex organ. Must be forcibly and against a female9s will OR a female that is less than 10 years old. ¥ Sodomy: performing or submitting to anal or oral sex ¥ Aggravated Sodomy: Forcible anal or oral sex OR anal or oral sex with a person less than 10 years of age ¥ Statutory Rape: Sexual intercourse with any person under the age of 16. ¥ Child Molestation: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person OR by means of an electronic device. ¥ Aggravated Child Molestation: The act of child molestation physically injures the child or involves an act of sodomy. ¥ Sexual Assault: A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person has sexual contact with a person under them even if it9s consensual ¥ Sexual Battery: Intentionally making physical contact with another person9s intimate parts without their consent. ¥ Aggravated Sexual Battery: Intentionally penetrating the sexual organ or anus of another person with a foreign object without the person9s consent. ¥ Bestiality: Performing sexual acts with an animal 5.3.3 Identify effective investigative techniques for investigating a sex offense. ¥ With young victims, the officer should attempt to interview in the child in private, away from the parent may help the child feel more comfortable describing specific acts. While interviewing the child, the officer must be patient, and avoid confusing words. If the child uses slang that the officer does not understand, he or she should gently ask for clarification. ¥ The officer should always be honest to the victim and prepare the victim for the investigation, especially the medical exam. ¥ The officer must always view the complaint as legitimate until the evidence proves otherwise. ¥ When interviewing witnesses, the officer should be careful not to violate the privacy of the victim or jeopardize the case by offering details of the crime. The investigator should try to determine the following if any screams or altercation was heard. The officer should ask each witness if he or she saw the suspect or anyone, or anything else unusual. Sexual Related Definitions ¥ Autoeroticism: Sensual gratification; characteristic of, but not limited to, an early stage of emotional development. Includes satisfaction derived from genital play, masturbation, fantasy, and from oral, anal, and visual sources. ¥ Autoerotic Death: Death related to self-gratification technique that resulted in accidental death. Usually through failure of a device used by the subject. Most frequent cause of death is accidental hanging. ¥ Coprolagnia: A condition usually found in Masochism, wherein the subject is sexually excited through the senses of taste and smell by articles of filth, such as excrement (urine and feces). ¥ Masochism: Pleasure derived from physical or psychological pain inflicted on oneself, by oneself, or by others. ¥ Sadism: Deriving pleasure from inflicting physical or psychological pain or abuse on others. ¥ Paraphilia: A condition in which persistent and repetitive sexually arousing fantasies of an unusual nature are associated with either preference for or use of a nonhuman object for sexual arousal; repetitive sexual activity with humans involving real or simulated suffering or humiliation, or repetitive sexual activity with non-consenting partners. ¥ Pedophilia: A paraphilia involving sexual activity of adults with children as objects. It involves any form of heterosexual or homosexual intercourse with a child. ¥ Picquer: An individual who is psychosexually stimulated by the insertion of a sharp or pointed object into the body of another. ¥ Urolagnia: The act of receiving sexual gratification from the sight of urine or a person urinating. Also may include the drinking of the urine of the sexual partner. ¥ Voyeurism: The act of being sexually motivated and often compulsively interested in watching or looking at others, particularly at genitals. Summary 1. Chapter 6 of Title 16 of the Official Code of Georgia lists the elements and proscribed punishments for sex crimes. 2. The term sex crime encompasses a broad list of specific acts. 3. Sex crimes can be committed by and against men, women, and children. Officers should not allow the gender or the age of either the victim or the suspect influence the investigation except as required by law. 4. Sex crimes victims may be traumatized both by the humiliation of the violation against them and the fear of being severely injured or killed by the perpetrator. 5. Rape is generally defined as forcible carnal knowledge of a person without that person9s consent. 6. There are three types of rapists according to the FBI: the aggressive criminal rapist; the sadistic rapist; and, the true sex offender. 7. The general definition of child molestation is doing any immoral or indecent act to or in the presence of a child with the intent to arouse or satisfy sexual desires. 8. Child molesters study children and will use things of interest to children to lure victims. 9. The Department of Family and Children Services may be contacted to assist with the interview of child victims. 10. Other sex crimes include statutory rape, incest, enticing a child for indecent purposes, sexual battery, and aggravated sexual battery among others. 11. Officers should instruct victims not to wash, clean up, or change clothes until after a medical exam has been completed so that evidence can be preserved and collected. 12. A medical examination of a sexual assault victim may be conducted by a Sexual Assault Nurse Examiner or a physician. 13. The person conducting the medical examination will complete a Sexual Assault Examination Kit. This kit is evidence and the chain of custody must be carefully maintained. 14. Officers should never leave a rape victim alone, and should ensure that a family member or friend stays with the victim. 15. Officers should interview the victim, any witnesses, and the suspect to collect information to further the investigation. 16. The amount of time a victim resists the attacker, and the level of that resistance is not indicative of the veracity of an allegation. 17. Evidence collection should follow standard crime scene practices. A list of questions and accompanying guidelines included in the chapter will help with evidence collection and evaluation. 18. Photographs of the victim, suspect, and crime scene are one type of tangible evidence an officer may collect during an investigation. 19. DNA samples, fingernail scrapings, and various hair combings from the victim and suspect may be helpful evidence. 20. Officers investigating sex crimes can obtain assistance from a variety of sources, including the GBI, DFACS, hospitals, and other local law enforcement agencies, among others.