CMI Evidence Collection & Forensic Analysis 4 — Questions and Answers
Question 1: When a marine investigator identifies a potential piece of evidence that may be subject to spoliation by vessel salvors, what immediate legal remedy is available?
- File a criminal complaint with the Coast Guard immediately
- Seek a federal court preservation order or litigation hold directing parties to preserve the evidence (Correct answer)
- Notify the vessel's P&I club and request they intervene
- Contact the port authority to impound the vessel
Correct answer: Seek a federal court preservation order or litigation hold directing parties to preserve the evidence
A federal preservation order legally compels parties to prevent destruction or alteration of evidence and can be obtained on an emergency basis when spoliation is imminent.
Question 2: A toxicology screen on a helmsman involved in a grounding returns a positive result for a prescription sedative. What additional information is critical before drawing investigative conclusions?
- The helmsman's employment history and sea service record
- The therapeutic dose range, impairing dose, the detected blood concentration level, and whether the medication was prescribed (Correct answer)
- The vessel owner's drug and alcohol policy alone
- The time the helmsman last ate a meal before the casualty
Correct answer: The therapeutic dose range, impairing dose, the detected blood concentration level, and whether the medication was prescribed
A positive result alone is insufficient — the dose-response relationship, the detected concentration relative to therapeutic and impairing levels, and prescription status determine actual impairment.
Question 3: In a marine explosion investigation, investigators recover fragments of a suspected improvised device. What is the correct protocol for handling these materials?
- Collect and bag all fragments immediately using standard evidence collection procedures
- Do not disturb the scene — secure the area and request ATF/FBI explosive ordnance disposal specialists before collection (Correct answer)
- Photograph and leave all fragments in place, completing the investigation without collecting physical evidence
- Collect only non-metallic fragments and leave metal components for the Coast Guard
Correct answer: Do not disturb the scene — secure the area and request ATF/FBI explosive ordnance disposal specialists before collection
Suspected explosive device components may contain live ordnance; EOD specialists must clear the scene before investigators collect any physical evidence.
Question 4: What does the term 'spoliation of evidence' mean in the context of a marine casualty investigation?
- The natural degradation of biological evidence due to environmental exposure
- The intentional or negligent destruction, alteration, or concealment of evidence relevant to a legal proceeding (Correct answer)
- The process of separating contaminated evidence from uncontaminated samples
- The transfer of evidence between jurisdictions in a multi-party investigation
Correct answer: The intentional or negligent destruction, alteration, or concealment of evidence relevant to a legal proceeding
Spoliation refers to the improper destruction or alteration of evidence, which can result in adverse inference instructions against the responsible party in litigation.
Question 5: A vessel grounded on a charted reef that was correctly marked on current charts. Which navigational evidence would be most relevant to establishing crew negligence?
- The vessel's last dry dock report
- The electronic chart system (ECDIS) audit trail showing acknowledged navigation alerts and the officer's plotting decisions in the hours before grounding (Correct answer)
- Cargo manifests for the voyage
- The vessel's insurance policy coverage limits
Correct answer: The electronic chart system (ECDIS) audit trail showing acknowledged navigation alerts and the officer's plotting decisions in the hours before grounding
The ECDIS audit trail records alarm acknowledgments, route deviations, and operator inputs, directly revealing whether the officer received and ignored navigational warnings.
Question 6: When analyzing paint transfer evidence from a contact collision between two vessels, which laboratory technique is most effective for matching paint layers between vessels?
- Simple visual color comparison under white light
- Cross-sectional microscopy combined with Fourier Transform Infrared Spectroscopy (FTIR) to analyze layer sequence and chemical composition (Correct answer)
- Weighing the paint chip to determine its density
- Carbon dating to establish the age of the paint application
Correct answer: Cross-sectional microscopy combined with Fourier Transform Infrared Spectroscopy (FTIR) to analyze layer sequence and chemical composition
Cross-sectional microscopy reveals the number and sequence of paint layers, while FTIR identifies the chemical binder and pigment composition unique to each vessel's coating system.
Question 7: A marine investigator is preparing an evidence log for a hearing before the National Transportation Safety Board (NTSB). What must each entry in the log include at minimum?
- Item description and the investigator's opinion of its importance
- Unique item identifier, description, location found, date and time collected, collector's identity, and all chain of custody transfers (Correct answer)
- Photograph number and storage location only
- The vessel owner's signature acknowledging each item
Correct answer: Unique item identifier, description, location found, date and time collected, collector's identity, and all chain of custody transfers
A legally defensible evidence log must document the complete lifecycle of each item from discovery through storage, including every person who handled it.
CMI Evidence Collection & Forensic Analysis 4
When a marine investigator identifies a potential piece of evidence that may be subject to spoliation by vessel salvors, what immediate legal remedy is available?