This presentation was given in 2003 to a group of law enforcement officers attending a fire/arson seminar. The presentation provides information on basic fire investigative steps, roles and responsibilities of fire departments and law enforcement, motivations of fire setters, legal aspects, and search/seizure. The instructor, Josh Moulin, has 18 years of public safety experience including 7 in Fire/EMS and 11 in law enforcement. Josh has an Associates degree in fire science and a Bachelor's degree in Fire Service Administration. He holds multiple fire and law enforcement certifications and is a graduate of the National Fire Academy's Fire/Arson School.

1. By:
Josh Moulin
Police Officer / Fire Investigator
2003
January 2003 © Josh Moulin 1

2. Instructor Background
 8 years of Fire/EMS experience
 Left the fire service as a Lieutenant / Fire
Prevention Officer when hired as a Police
Officer
 Certified Fire Code Inspector
 Multiple NFPA Certifications
 Graduated from the National Fire Academy
Fire/Arson School in Emmitsburg Maryland
 Conducted multiple Fire/Arson investigations
January 2003 © Josh Moulin 2

3. Objectives
 Develop a basic understanding of scientific
principles of fire behavior
 Relationship between local fire agencies and
law enforcement
 Terminology used in fire investigation
 Role law enforcement plays in fire
investigation
January 2003 © Josh Moulin 3

4. Objectives
 Identify common fire patterns and how they
relate to fire behavior
 What makes a fire scene suspicious
 Properly document a fire scene
 Evidence collection principles for fire scene
January 2003 © Josh Moulin 4

5. Objectives
 Case law involving the investigation of fire
scenes
 Motives of a fire setter
 Courtroom testimony for fire investigation
January 2003 © Josh Moulin 5

6. Introduction
 The need for a
curriculum vitae
 Training and
experience
January 2003 © Josh Moulin 6

7. Expectations of this Course
 What resources are needed for a proper fire
investigation
 What should you do if you are assigned to a
fire investigation
 How do you contact resources you may need
 Where does the fire department’s authority
stop and yours begin
January 2003 © Josh Moulin 7

8. Legal Aspects of Fire Investigations
 Oregon Revised Statue gives local fire
agencies statutory authority to conduct an
“origin and cause” investigation
 No warrant needed and no consent needed
 Investigation must occur “within a
reasonable amount of time”
 Fire department must remain on scene
January 2003 © Josh Moulin 8

9. Legal Aspects of Fire Investigation
 DA’s office interpretation
 Consent forms
 Civil litigation
 NFPA 921 – Systematic approach to fire
Investigation
 Exigent Circumstances
January 2003 © Josh Moulin 9

10. Administrative Search Warrants
 Primary objective must be a neutral plan based on
specific criteria
 Must show a fire of undetermined origin has occurred
on the premises
 Cannot unnecessarily intrude on victim’s privacy
 Evidence found in plain view may be seized in
administrative search warrant
 Cannot “roam freely” through fire victim’s private
residence
 Handout
January 2003 © Josh Moulin 10

11. Additional Information
 Firefighters may make forceful, unannounced,
nonconsensual, warrantless entry into building
 Firefighters have the right to remain on premises,
not only until fire is extinguished and no danger of
rekindling exists, but also to investigate
 After origin and cause determined, additional
search of premises may be conducted only
pursuant to valid warrant
January 2003 © Josh Moulin 11

12. Fourth Amendment Applied to Fire
Scenes
 Exigent circumstances allow firefighters to enter to
fight a fire (Michigan v. Clifford 464 U.S. 287, 294 &
Michigan v. Tyler, 436 U.S. 499
 Post fire searches are admissible when conducted
within a reasonable time
 Additional entries, after a reasonable time has
passed, must be made pursuant to the warrant
procedure
January 2003 © Josh Moulin 12

13. Fourth Amendment Applied to
Fire Scenes
 Additional investigation after fire is
extinguished and firefighters and police have
left generally must be made pursuant to a
warrant or new exigency.
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14. Oregon Fire Laws
 Arson I
 Arson II
 Reckless burning
 Criminal mischief
 Reckless endangering
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15. Motivations of Fire Setting
 Spite / revenge
 Pyromania
 Crime concealment
 Arson for profit
 Civil disorder
 Vanity
 Gangs
 Cults
 Serial arsonist
 Drugs
January 2003 © Josh Moulin 15

16. Profile of Serial Arsonist
 Single white male
 20 to 27 years old
 Unstable family environment
 High school educated
 Considered an under-achiever
 Sloppy and unkept appearance
 Poorly adjusted socially and sexually
 If married, usually has periods of separation
 Feels sense of satisfaction after the fire
 If arrested, shows no remorse
January 2003 © Josh Moulin 16

17. Resources Available
 Local fire department / district
 Regional Fire Investigation Team
 Local law enforcement
 Local insurance companies
 IAAI
 UL / www.CPSC.gov
January 2003 © Josh Moulin 17

18. Basic Fire Behavior
 What is fire?
 Rapid, self-sustained oxidation process
with the evolution of heat and light in
varying intensities
 Fire must have four things to survive
 Heat
 Oxygen
 Fuel
 Chemical Chain Reaction
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19. Fire Components
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Heat
Fuel
Oxygen
Uninhibited Chain Reaction

20. Steps of Fire Process
 Input heat
 Fuel
 Oxygen
 Mixing
 Proportioning
 Ignition continuity
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21. Classes of Fire
 Class A – Ordinary combustibles
 Class B – Flammable / combustible liquids
 Class C – Energized electrical equipment
 Class D – Combustible metals
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22. Stages of Fire
 Incipient stage (growth)
 Free burning stage (development)
 Smoldering (decay)
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23. Oxygen Needed for Combustion
 Atmosphere has 20.8 % oxygen content
 Open flaming combustion will stop at 15 – 16
%
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24. Fire Phenomena
 Flashover
 Backdraft – dangerous to police and
bystanders especially
 Signs of backdraft
 Fire gases, superheated gases, soot, smoke
January 2003 © Josh Moulin 24

25. Signs of Fire
 Physical effects that can be seen or measured
 Lines of demarcation – borders defining heat and
smoke
 Movement patterns
 Intensity patterns
 Spalling
 Clean burn
 Calcination
January 2003 © Josh Moulin 25

26. Char
 Depth of char as indicator
 Consider ventilation
 Shows duration
January 2003 © Josh Moulin 26

27. Temperatures
 Aluminum melts at 1220 F
 Copper melts at 1981 F
 Glass melts at 1100 – 2600 F
 Cigarette 550 F at end, 1250 in center
 Collapsed springs at 750 F
 Hardwood – 595-740 F
 Gasoline – 853 F
 Average house fire – 1300 F
January 2003 © Josh Moulin 27

28. Fire Patterns
 Fire will usually go up and out – path of least resistance
 Shadowing
 Protection
 “V” patterns
 Inverted “V” patterns
 “U” patterns
 Light bulbs
 Arrow patterns
January 2003 © Josh Moulin 28

29. Firefighting Tactics Changing
Patterns
 Importance of
interviewing Fire
Department
 Hose Streams
 Ventilation
 Overhaul
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30. Fire Causes
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31. Natural Fires
Lightning
Earthquake
Wind
No direct human
intervention
“Acts of God”
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32. Undetermined
 Cannot prove cause
 “Under Investigation”
 Can be determined at
later date
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33. Incendiary Fire
 Deliberately set fire
 Suspect knows fire
should not been set
 Mindset of suspect
 Never call a fire
“suspicious”
January 2003 © Josh Moulin 33

34. Signs of Incendiary Fire
 Must first eliminate ALL possible accidental causes
 Multiple fires
 Trailers
 Presence of accelerants
 Low level burning
 Splash patterns
 Odors
 Flashback
 Containers
 Removal of household contents
January 2003 © Josh Moulin 34

35. Signs of Incendiary Fire, Cont.
 Absence of personal papers and items
 Location of the fire
 Evidence of other crimes
 Unnatural fire spread
 Previous fires in same structure or with same people
 Injuries to occupants or others
 Time of day
 Limited / blocked entrance or view
January 2003 © Josh Moulin 35

36. Certainty of Opinions
 Conclusive
 All reasonable alternatives to hypothesis are
considered and eliminated
 Probable
 More likely than not
 Possible
 Hypothesis can be demonstrated to be feasible but
cannot be declared probable
 Suspected
 Hypothesis may be true, but insufficient data to draw
a conclusion to the exclusion of other reasonable
conclusions
January 2003 © Josh Moulin 36

37. Oregon State Fire Marshal’s Office
 Required to be notified anytime a fire fatality
occurs
 Has additional resources
January 2003 © Josh Moulin 37

38. Fire Fatalities
 Team of fire department, OSFM, local L.E.,
medical examiner
 Two individual investigations
 Origin and cause
 Death investigation
 Considerations about moving the body
 Additional damage
 OSFM and ME approval
 Photography
 Fire debris around the body
January 2003 © Josh Moulin 38

39. Fire Fatalities Cont.
 Why didn’t the person get out?
 Obstacles
 Locks
 Past history of people and buildings
 Fire and life insurance coverage
 Cause of death
 Thermal injury v. CO asphyxiation
 If unknown remains exists, consider everything
human remains
 Typical injuries and conditions found
 Lividity
 Eviscerations
January 2003 © Josh Moulin 39

40. There’s a Fire…Now What?
 Evaluate scene for
safety
 Secure scene
perimeter
 Use “team” approach
 Consider respiratory
hazards
 Always talk with IC
January 2003 © Josh Moulin 40

41. There’s a Fire…Now What? Cont.,
 Solicit information about fire suppression
 Difficulties
 Flashback
 Unusual findings
 Forcible entry
 Time and method of alarm
 Weather conditions
 Color of flames and smoke
January 2003 © Josh Moulin 41

42. There’s a Fire…Now What?
Cont.,
 Scene evaluation “backwards theory”
 Reconstruction of fire scene
 Debris removal
 Determine fire origin
 Determine fire cause
 Document
 Field notes
 Photograph
 Sketch
 Report
January 2003 © Josh Moulin 42

43. Evidence Collection
 Follow standard chain of custody
 Realize fire department is usually not well versed in
evidence and may need your help
 Contamination
 Specialized containers
 Samples taken at scene
 Trace evidence
 Accelerant detection K-9’s
January 2003 © Josh Moulin 43

44. Common Law Enforcement Role
 Assist with interviews, interrogations,
neighborhood canvassing
 Assist with evidence collection
 Criminal checks on suspects
 Investigation may be “handed” off to you if
suspect is developed or fire is determined to
be incendiary
January 2003 © Josh Moulin 44

45. Vehicle Fires
 Damage from accidental v. incendiary
 Look for signs of theft or damage
 Two scene investigations
 Overall scene & vehicle interior
 Gas caps and filler tube
 Shoeprints, fingerprints, skid marks
 Soil samples
 Tire pads
 Interior vehicle examination – combustibles or flammable
liquids
 Ashtrays
January 2003 © Josh Moulin 45

46. Vehicle Fires, Cont.
 Window position
 Door positions
 Attempts taken to extinguish
 Presence of personal items
 Engine compartment
 Vin number and license plates
 Fire objectives
January 2003 © Josh Moulin 46

47. Vehicle Fire Objectives
 Identify point of origin
 Usually lowest point and greatest damage
 Find the heat source
 Energy which ignited fire
 Determine fuel source
 Material ignited by heat source
 Determine the event of the fire
 How did heat source and fuel combine to start fire
 Determine category of fire
 Must accomplish 1 – 4 first.
January 2003 © Josh Moulin 47

48. Motives of Vehicle Arson
 Mechanical problems
 Vehicle is lemon, cannot afford needed
mechanical work
 Owner’s financial problems
 Conduct financial check
 Status on car payments
 Witnesses
January 2003 © Josh Moulin 48

49. Terrorism Related
Fires / Explosions
 ELF / ALF
 Use of common devices
 ATF notification
 Use of tagging
 Websites – Anarchist’s
cook book
January 2003 © Josh Moulin 49

50. Fire Scene Photos
January 2003 © Josh Moulin 50

51. Roof Condition
January 2003 © Josh Moulin 51

52. Doors / Forcible Entry
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53. Exterior 360 Degree
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54. Arial View
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55. View of SE corner
January 2003 © Josh Moulin 55

56. Interior Garage - Area of Least Damage
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57. South Interior Garage
January 2003 © Josh Moulin 57

58. Electrical Panel
January 2003 © Josh Moulin 58

59. Electrical Main Feed
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60. Top of Porch Landing
January 2003 © Josh Moulin 60

61. North Side of Landing
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62. Underneath of Landing
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63. Outlet on Porch Landing
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64. Stain Cans
January 2003 © Josh Moulin 64

65. Close-up of Stain Cans
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66. Paint Rollers
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67. Heat Damage
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68. Cigarette Butts
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69. Heat Damage
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70. Heat Damage
January 2003 © Josh Moulin 70

71. “V-Pattern”
January 2003 © Josh Moulin 71

72. Wide View of V-Pattern
January 2003 © Josh Moulin 72

73. Fire Damage
January 2003 © Josh Moulin 73

74. Fire Patterns
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75. January 2003 © Josh Moulin 75
Questions?