Arson Crime Investigation
Address the following in 3–5 pages:
Describe the crime scene parameters of an arson fire, including one where an explosive reaction may have occurred.
Identify the role of the fire department personnel and their authority at an arson fire.
What is the authority of the state fire marshal’s office or its equivalent? Explain.
What specific responsibilities does this agency have? Explain.
Explain to the investigators under your command what role the medical examiner or coroner has when a body is discovered at an arson scene.
Once the scene is declared safe by the fire department and the crime scene search can commence, under what circumstances can the investigators conduct a search? Explain.
What is to be done with a warrant if no property owner is available? Explain.
Be sure to reference all sources using APA style.
Arson Crime Investigation
Arson fires are crime scenes that require thorough Assessment like any other crime scene. How first responders react to such a situation determines the possibility of evidence being gathered and the perpetrator being caught. Unlike a typical fire, arson has indicators that tell an arsonist was involved. Usually, fire requires oxygen, fuel, and a high temperature. To kick off an arson investigation, the main focus goes to the fire itself whereby the investigator determines which of three aspects was tampered with. For the case of an explosion, there will be presence of a gas that acted as fuel to cause the fire to burn rapidly hence causing an outburst. The scope of an arson investigation starts by observing the fire and scene, documenting the scene, processing evidence, and completing the investigation.
Fire department personnel and the state fire marshal’s office play critical roles during an arson fire. During times of danger, the fire department is usually among the first responders to arrive at the scene (Carmella, 2019). Their role involves evaluating the situation to determine whether the fire is likely to spread to nearby houses, evacuating any people who may be trapped within the house, and check for the likeliness of an explosion or escalation of the fire (Carmella, 2019). They have the authority to preserve evidence for the fire investigator, who will determine more information regarding the arson. The state fire marshal’s office has the authority to prevent the loss of life and property due to fire. This agency holds responsibilities such as ensuring facilities are in compliance with fire prevention codes. These codes ensure that inspections are conducted, and complaints are looked into. The agency is also responsible for providing technical Helpance and analyzes the fire for future developments that can mitigate similar risks.
Medical examiners are vital to an arson investigation if a body is found since there is a need to identify the victim, cause of death, or manner of death. Death can be suicidal, natural, homicidal, or accidental. Due to the destructive nature of fire, victims may be burnt beyond recognition. That is where a medical examiner steps in. Forensics at a crime scene involves many experts since there is a lot of work to be done. Medical examiners can conduct forensics on the body using samples of heir DNA to determine their identity in cases where identification of the victim is difficult. Fire tends to cause so much damage that thousands of murders go unsolved or unrecognizable (Kirwan, 1952).
To determine whether the death was natural or a homicide/suicide, there is a need to determine the cause of death alongside the cause of the fire. While the arsonist determines the purpose of the fire, the medical examiner conducts an autopsy to determine the cause of death. All in all, both specialists are supposed to come up with conclusions that match up to the case. In events where they do not agree, more queries are raised, and more tests are conducted. The medical examiner, however, has a higher claim since his/her judgment is based on the body of the victim. If the cause of death is ruled as murder, then it becomes an indicator that the fire was a result of an arsonist (Kirwan, 1952). Furthermore, the family of the deceased needs to be acknowledged of the demise of their loved one. This makes it easy to proceed with issues such as insurance settlements, wills, and trusts are dealt with accordingly.
Search warrants are essential to arson investigators whether the fire was due to arson or not. This is to ensure the gathered evidence is admissible in court. An administrative search warrant is issued if there is no probable cause to determine criminal activity, while a criminal search warrant is issued in the case of probable cause showing that malicious intent was involved. In a situation where the owner is not available, the warrant is executed as planned since fires are considered as exigent circumstances as ruled during Michigan v. Tyler (NIJ, 2009). The evidence gathered will remain admissible in court and can be used to prove the arsonist guilty. In Michigan v. Clifford, another case on arson, it was also ruled that owners can give consent to officers to search the property (NIJ, 2009). However, arson investigators need to maintain control over the area if they intend to make a continuation of the search. If the owner is unavailable, which means there is no consent, the administrative/criminal warrant applies to allow the search and seizure of evidence from the scene.
Completing a successful arson investigation calls for a lot of work cutting across the roles of fire departments, fire Marshalls, arson investigators, and medical examiners. All these departments play critical roles that drive the safety and investigation of arson fires. Analyzing the fire and providing security to the victims and surrounding people is the first step since human lives are essential. After that, the group of individual departments works together to ensure the scene is neutralized and investigated. Preserving evidence and documenting it is another critical step hence the need for warrants or consent to maintain admissibility. All these strategies are formulated to ensure the crime is resolved, and similar cases are avoided in the future.
References
Carmella. (2019). The Role the Firefighter Plays at an Arson Investigation. Retrieved from https://www.l-tron.com/the-role-the-firefighter-plays-at-an-arson-investigation/
NIJ. (2009). A Guide for Investigating Fire and Arson. Retrieved from https://nij.ojp.gov/topics/articles/guide-investigating-fire-and-arson
Kirwan, W. E. (1952). The Value of Medicolegal Autopsy to the Arson and Criminal Investigator. The Journal of Criminal Law, Criminology, and Police Science, 43(3), 396-404.
