Evidence Collection & Chain of Custody Flashcards

In a civil litigation fire case, a defendant claims an investigator's evidence collection was improper. Which doctrine allows the court to draw a negative inference if evidence was destroyed?

Answer: Spoliation inference (adverse inference instruction)

The spoliation inference allows a jury to presume destroyed evidence would have been unfavorable to the party responsible for its destruction.

A fire investigator arrives at a scene and notices the premises owner has removed debris from the origin area before the investigator could document it. Under NFPA 921, this is an example of:

Answer: Spoliation that may compromise the investigation

Premature removal or alteration of potential evidence by any party constitutes spoliation and must be thoroughly documented by the investigator.

What information must appear on the evidence tag attached directly to a physical item (not the container) collected at a fire scene?

Answer: Case number, item number, description, location found, date/time of collection, and collector's name or initials

An evidence tag on the item itself must contain sufficient identifying information to link it to the scene log independent of its packaging.

Which factor makes photographic documentation of fire evidence superior to sketches and notes alone?

Answer: Photographs provide an objective, contemporaneous visual record that is difficult to dispute

Photographs capture an objective visual record at the moment of collection that supplements written notes and is difficult for opposing parties to impeach.

When should a fire investigator seal and initial an evidence container?

Answer: Immediately after placing the evidence inside and before leaving the immediate area

Sealing and initialing the container immediately after placing evidence inside prevents any possibility of tampering or contamination before the container leaves the collection area.

A fire investigator is asked to collect a comparison soil sample from an area unaffected by the fire to serve as a control. Where should this sample be collected?

Answer: From a similar material at the same property but outside the fire's influence

The control sample must come from the same type of substrate at the same property but outside the burned area to reflect site-specific background hydrocarbons.

An investigator uses the same metal chisel to collect debris samples from several different locations without cleaning it between samples. Which problem does this create?

Answer: Cross-contamination between samples may invalidate accelerant findings

Using the same uncleaned tool transfers chemical residue between samples, which can produce false-positive or false-negative accelerant findings.