This chapter discusses arson, bombings, and explosives investigations. It covers how arson is classified and the elements of the crime. Investigating arson involves determining the fire's origin and cause through indicators like accelerants. Police and fire departments must cooperate, with fire determining whether arson occurred and police investigating further. Bomb scene investigations require special care in collecting evidence and determining the motive. The challenges of arson investigation and preventing such crimes are also addressed.
2. Introduction
• Arson, the malicious, willful burning of a building or
property, is one of the oldest crimes known
• Arson is difficult to prove
• Police investigators partner with fire investigators to
handle these crimes
• Fire marshals, who also have law enforcement powers
for fire-related incidents, investigate these crimes
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4. Elements of the Crime: Arson
ELEMENTS
• Willful, malicious burning of a building or property
• Of another or of one’s own to defraud
• Causing to be burned, or aiding, counseling or
procuring such burning
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5. Classification of Arson
AGGRAVATED AND SIMPLE ARSON
• Aggravated arson
Intentionally destroying or damaging
Fire or explosives or other infernal device
Imminent danger to life or great bodily harm
• Simple arson
Intentional destruction by fire or explosives
Does not create imminent danger to life
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6. Classification of Arson
ATTEMPTED ARSON
• Intent to set a fire
• Some preparation to commit the crime
SETTING NEGLIGENT FIRES
• Causing a fire to burn
• Causing a fire to get out of control
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7. Classification of Arson
THE MODEL ARSON LAW
• First degree: Burning of dwellings
• Second degree: Burning of buildings other than
dwellings
• Third degree: Burning of other property
• Fourth degree: Attempting to burn buildings or
property
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8. The Arsonist
JUVENILE FIRESETTING
• Children are predominant victims
• Fireplay versus firesetting
MOTIVATION
• Revenge most common motive
• Insurance fraud
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9. Police and Fire Department Cooperation
EXPERTISE
• Fire department
Detect arson
Determine point of origin
Probable cause
• Police department
Investigate arson
Prepare the case for prosecution
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10. Other Sources of Assistance in
Investigating Arson
ADDITIONAL RESOURCES
• Bureau of Alcohol, Tobacco, Firearms and Explosives
• News media
• Insurance companies
• Arson task forces
• Importance of the dispatcher
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11. Special Challenges in Investigation
DIFFICULTIES
• Coordinating efforts with fire department and others
• Determining whether a crime has been committed
• Finding physical evidence
• Finding witnesses
• Determining whether the victim is a suspect
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12. Responding to the Scene
OBSERVATIONS
• Presence of victims and witnesses
• Vehicles leaving the scene
• Flame and smoke conditions
• Conditions surrounding the scene
• Status of alarms and sprinklers
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13. The Preliminary Investigation
OVERVIEW
• Fire department usually receives the initial call
• Fire personnel make out the report
• Fire department establishes arson
• Investigators must verify fire department findings
• Understand distinctions for proving crime
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15. The Preliminary Investigation
ARSON INDICATORS
• Accelerants
• Igniters
• Burn indicators
• Point of origin
• Burning pattern
• Appearance of collapsed walls and smoke color
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16. The Preliminary Investigation
SUMMARY OF ARSON INDICATORS
• Professionals use various igniters
Magnesium rods, timed charge, acids
PHOTOGRAPHING AND VIDEOTAPING AN ARSON
FIRE
• In-progress photographs
• People at the fire scene
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17. The Preliminary Investigation
PHYSICAL EVIDENCE
• Very fragile
• Identify accelerants (GF-FID)
USING K-9s IN ARSON INVESTIGATIONS
• Lab-certified accelerant-detection canine
• Accelerants and suspects
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18. The Preliminary Investigation
EVIDENCE ON SUSPECT, AT RESIDENCE OR IN VEHICLE
• Unique odors
• Insurance documents
OBSERVING UNUSUAL
CIRCUMSTANCES
• Alterations to area
• Providing more air, heat or fuel
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20. Search Warrants and Fire Investigations
TYPES
• Administrative
Government agent needed to search the premises
Determine the fire’s cause and origin
• Criminal
• Issued on probable cause
• Premises yield evidence of a crime
• Michigan v. Tyler (1978)
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21. Final Safety and Legal Considerations
FINAL TIPS
• Obtain consent or a warrant
• Turn off utilities
• Inspect and ventilate
• Bring a partner
• Wear proper safety gear
• Avoid cross contamination
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22. Investigating Vehicle Arson
DETERMINATIONS
• Look for evidence of accelerants
• Determine whether the vehicle was insured
• Seldom arson if there was no insurance
• Intent to defraud
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23. Prosecuting Arsonists
DIFFICULTIES
• 90 percent of arsonists go unpunished
• Often committed without witnesses
• Interagency cooperation required
• Circumstantial evidence
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24. Preventing Arson
KEY FACTORS
• Abandoned properties
• Negative-equity properties
• Utilities were shut off
• Prior-year fires
• Gang locales
• Drug hot spots
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25. Investigating Bombings and Explosions
CLASSES
• Juvenile/experimentation
• Recovered military ordnance or commercial explosives
• Emotionally disturbed persons
• Criminal actions
• Terrorist or extremist activity
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26. Responding to a Bomb Threat
OVERVIEW
• Nonchalant attitude could
prove fatal
• Do not touch the package
• Using K-9s in detecting
• Stationary technology
Sniffer
• Using robots
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27. Bomb Scene Investigation
OVERVIEW
• Special attention to fragments of device
• Pay attention to powder at the scene
• Determine motive
• Determine scene parameters
AWARENESS TRAINING AND TEAM APPROACH
• Available training programs
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28. Summary
• Fires are natural or accidental unless proven otherwise
• Special challenges in investigating arson include
coordinating efforts
• Fire department is responsible for establishing whether
arson has occurred
• Law enforcement investigators must be able to verify
such findings
• When investigating vehicle fires, look for evidence of
accelerants
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