What Are You Shooting At?

What Are You Shooting At?

FEATURES

Increase your photos’ value in a fire investigation as well as in a courtroom.

photo by Joe palamara

Here's the fire, your camera’s loaded, now what do you shoot at, and where are the shots that you'll need for investigative evidence?

The use of photography in fire and arson investigations, once deemed a luxury, has become a necessity as an investigative aid with fire and law enforcement agencies.

The value of photography has been known for many years, but most departments hesitated to use this tool called a camera because they felt they lacked the person who was the “expert” in the field, and the cost of training a man was too expensive. Millions of dollars in research have been spent by camera manufacturers to overcome the need for the so-called expert. Now, all agencies can make use of what is one of the most important pieces of equipment an investigator can have, a camera.

Every investigator should carry a camera and plenty of film. If, for some reason, the investigator is unable to take his own photographs, he should supervise the taking of all photographs, since it’s his responsibility for the investigation and the final outcome;

Although extremely important, photography is really quite simple and need not be expensive. We merely want to get the necessary photographs of a fire scene. Knowing what should be photographed, where to photograph various areas from, and when we should take a photograph is important.

The questions that are most asked when the subject of fire and arson photography is discussed are: What. type of equipment is best? What do you photograph, and how do you do it under various conditions? How do we legally present photographs in court?

Equipment

There are several basic pieces of equipment that an investigator should be familiar with;

The camera. The best type of camera for the money is the 35 mm SLR (single lens reflex). Various manufacturers have excellent cameras at a moderate price, with lenses ranging from regular to wide angle and telephoto lens. There are also close-up attachments available. Some agencies have the 35 mm cameras, and others have the 120 mm cameras.

It’s best to have a camera with a lens that can be adjusted and focused to maintain a clear, sharp image that will hold up in court. A fuzzy photograph is of little value if you have to explain to a jury why it looks so bad. .

Electronic flash. An electronic flash with manual operation is preferable because the automatic feature can misread the object to be photographed. In the case of a light colored object, the automatic flash will make it appear chalk-like; whereas if a dark colored object is not properly lit, it will appear as a dark blob with no char characteristics and defeat the purpose of the flash. Therefore, keeping the flash off the camera and to one side will properly light dark colored objects without washing out light colored objects.
Film. All the various types and different speeds of film on the market today give excellent results if used, exposed, and processed properly. It used to be that black and white film was the only one of acceptable quality, but now color film and color slides are used. Sometimes, particular scenes are photographed in both color and black and white. If your budget permits, color is the best way to go.

Color film is ideally suited to fire and arson investigation. Debris and charred materials, including metals, are more graphically illustrated when shown in color. The same photographs taken in black and white are less contrasting and more difficult to interpret. In a case involving a gas explosion, a result of a break in a gas main, both black and white and color film were used. The color prints more clearly showed the rusted condition of the gas main. Black and white film did not show this important factor at all. In color negative film, even if your exposure is a little off, the print can be salvaged, which is not the case in slide film.

Once a luxury, photography in fire and arson investigations has become a necessity … for fire and law enforcement agencies.

Don’t be a film miser. The photograph you fail to take is going to be lost forever. It may be some time before you are able to get to the scene, and salvage and overhaul crews might have cleaned the area of any evidence. The physical elements may have been changed, or something might have been added to or removed from the scene. Make it a point to explain to the firefighters the extreme importance of not disturbing something that is suspicious until after it has been photographed. By including them in the investigation, these same firefighters could be an enormous help in the final determination of the cause of the fire.

Taking photographs of the fire scene in its entirety is an absolute necessity in order for a successful prosecution of an arson case. Photographs sometimes portray an item or point that is overlooked by the human eye. Take plenty of photographs, as it is better to have too many than not enough. That one particular item that you hesitated on taking a photograph of may prove to be just the thing you were looking for.

What to photograph

Photograph everything of interest or anything that catches your eye. Photograph everything that either looks out of place or is not in its normal form. 1 n this way, you’ll be sure to cover the entire scene thoroughly.

In taking photographs of the various areas of the scene, it is imperative that the point of interest is shot from all angles. After completely covering the area, move in and photograph any important evidence at close range. Permanently recording the scene as you first observed it, and then emphasizing the same area with your close-up shots will enhance your reason for that particular point of interest, as you are the person responsible for the success or failure of the investigation.

Photographs of the exterior. Ideally, all major fires should be photographed from the time firefighters arrive on the scene to the time the fire is extinguished. Photographs should include flames, smoke, and the structure involved. Overall views should show the positions of trucks, ladders, hoses, and other equipment. Photos should also cover the progress of the fire. These shots will become valuable not only for investigative purposes, but can be used to record anything needed in court. In addition, they may serve for training purposes, suggesting more effective ways to combat similar fires in the future.

All four sides of the scene should be photographed to show the fire damage sustained in each area of the structure; the location of all entrances and exits, including windows and fire escapes; signs of forcible entry, broken door locks, broken or missing window panes; tire tracks; footprints; and anything that would indicate possible signs of something other than normal. By checking with the firefighters who were first on the scene, they will be able to tell you if they used forcible entry to extinguish the fire, or if the conditions already existed prior to their arrival.

Photographs and time records taken during and immediately after the fire can indicate the location of the fire in the building during its early stages, the speed of combustion, and the manner and direction of flame spread. In some cases, the fire could have spread in a direction contrary to the wind direction, and these type photographs are most useful in court to substantiate evidence of flammable liquid use. Also, the color and quantity of the smoke and flames very often indicate the type of material burning and whether an accelerant was used to speed the burning. This again will substantiate testimony in court.

Record the progressive stages of the burning from the various angles. Keeping a record of the time the photographs are taken may prove helpful at a later date. For example, photographs taken in a series could be recorded as: photos 1-7, 10:20 p.m.; photos 8-16, 10:25 p.m.; photos 17-36, 10:40 p.m.; etc. I find that a tape recorder hooked onto the belt with a microphone on your lapel can be turned on and off easily, leaving your hands free to take the photographs.

Photographs should include any other structures on the involved property, such as garages, sheds, and storage buildings. The interior of all separate structures should be photographed to show their contents, as flammable liquid containers might be stored here.

Photographs of the fire scene should also include some views from a good distance away. These “neighborhood photos” can be used by graphically showing the neighborhood where the fire occurred. They may also show just how close other houses may be, the relationship of the scene to the closest fire hydrant, alarm box or telephone, and whether or not anything was obstructing or hampering the firefight.

Photographs of the interior. A large number of photographs is necessary to cover the area involved, and should be taken using a flash unit. When possible, the flash unit should be held directly over the lens in order that shadows are not cast upon important areas. However, when the depth of char or “alligator pattern” is to be shown, the flash should be taken off the camera and held to the side. The flash should then be shot across the surface, and this will bring out the pattern on the burned area more effectively and show the texture.

When the point of fire origin is located, this should be photographed in its entirety with no film spared. Most importantly, make a complete photographic record as the scene is being dug out. A step-by-step procedure in uncovering the cause of the fire is not only impressive, but professional, and will be recognized as such in court. A continual series of photographs should show the course the fire traveled, tracing each step of the way.

Sample Affidavit Instructions for Police and Fire Photographers

If you (yourself) do not process and/or print your film of an investigation, an affidavit is usually required by the court (in order) for your film and the resulting prints/slides (developed by a laboratory) to be admitted as valid evidence. This affidavit must be completed, signed, and notarized by the laboratory manager and returned to you.

To insure that your photographic material is accepted as evidence by the court, take the following steps immediately:

Have your department’s legal counsel prepare an affidavit similar to the one attached. Because local, county, and state jurisdictional requirements vary, the wording and format of your affidavit must be seen and approved by your department’s legal counsel.
Visit your local laboratory and explain the procedure for using the affidavit. Basically, the finisher’s plant manager swears that your film and the resulting prints/slides were in his company’s possession at all times, and that these materials were not altered, changed, or shown to anyone outside his company.
Make sure that your laboratory completely understands this legal procedure and provide him with affidavit forms. If he has any questions, have your legal counsel contact him.

By establishing this procedure with a local laboratory before an emergency arises, you can save your department time and money while making certain that your photographs maintain their value as evidence.

Sample Affidavit for Police and Fire Photographers

State of

County of

_(name), being duly sworn deposes and says that he/she is employed as_(title) by the _(company/laboratory name)_ (company address).

That his/her company received on_ (date) the following film_(name, size of film).

That this_(name, size of film) was not mutilated or altered in any way except for the standard procedure of cutting the_ (name, size of film) to size. That while the film was in the possession of_(company/laboratory name), it was not shown to any person other than employees of said laboratory of known integrity in the ordinary course of handling the same.

And that the original_(name, size of film) and the_(number of prints, slides) and his/her affidavit were returned under _(company/laboratory name) seal to

Sworn to before me this _day of —, 19—

Naturally, all items such as saturated clothing, remains of candles, matchbooks, lighters, paper cloth, excelsior, and containers of liquids (such as paint thinners and kerosene), should be photographed along with any extraordinary mechanical devices, altered electrical service (including wiring, fuses, circuit breakers, etc.), fire alarm and sprinkler systems. In addition, anything that even resembles an incendiary device should be photographed completely before disturbing or removing them from the area.

Whenever separate, non-related, non-connecting fires are found, which most courts hold as prime evidence of arson, photographs should be taken of each fire and the area between the fires to show that they are not connected.

Always make a point of taking a photograph of electric clocks found on the premises. Most of the time, they will tell you just when the electric power failure occurred or when the heat or fire in that particular part of the building caused that clock to stop. Different rooms might show the clock stopped at different times. Therefore, you cannot always rely on the time noted on the fire report as to when the incident started, since the fire may have been burning well before it was discovered and the alarm turned in.

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Interior photographs should also show proof of the preparation of the fire. The removal of the building’s contents, or the substitution of valuable insured contents with contents of little or no value should be photographed. This might also prove useful if an accusation of theft against the department is made.

Arson for profit is often planned with the intention of burning certain objects or areas as well as causing general destruction. Photographs should be taken of any exposed business records, opened closet doors, alterations made to sprinkler systems or other fire protection systems, and fire doors left open to promote drafts. There have been cases where mattresses had been piled in front of windows, or the windows themselves had been painted to prevent neighbors from seeing or detecting the fire in its early stages. Even though a structure and its contents are completely destroyed and nothing remains but the foundation and a pile of debris and ashes, the scene should be photographed from one end to the other. This will show if the indestructible items such as stoves, refrigerators, televisions, bed springs, etc., were in the building at the time of the fire.

There have been cases where contents have been removed and, by carefully questioning witnesses, found stored at another location. These locations, should be completely photographed and the proper agency informed as to the items’ whereabouts.

Photographs from the point of observation. A photograph taken from the vantage point of a witness will show and eliminate any disputes about whether or not the witness was in a position to see what he allegedly observed. This should be done as soon as the witness comes to your attention. If a period of a week, a month, or a year goes by before the photograph is taken, the fire building may have been torn down, or the view from which the witness observed the incident could now be obstructed by newly erected structures. If the photograph is taken at once it will be a permanently recorded piece of evidence.

Photographs of the spectators. Many departments now include in their photographic coverage photos, and in some cases, movies of the spectators at the scene. This is especially beneficial when a series of fires have been occurring in an area where the fires are suspicious, and appear to have been set in the same manner each time. By walking along the road area, sections of fire scene observers can be photographed, and later studied to see if anyone is recognizable. Constant use of these photographs by the trained investigator could reveal a particular individual at more than one fire incident. If this same individual is in attendance at many of these fires, he could be watched for at future fire scenes. His reactions could be observed and a telephoto lens could be used to “spotlight” his actions.

Photographs taken during questioning and confessions. In questioning a suspect or obtaining a confession from an arsonist, photographs should be taken showing that the person is not all beat up, and that he is doing this willingly and without duress. In most cases, the person making the confession feels greatly relieved and appears to be in a pleasant mood. This mood should be reflected in the photograph. If the suspect wants to smoke or has had something to eat or drink during the questioning, don’t clear the remains of this away before the photograph is taken in an effort to make the office appear neat and clean. It is vitally important that you show his well-being. Even if the suspect does not eat or drink what you bring him, just leave it there to show that he could have had something if he wanted to.

Photographs of the re-enactment. Sometimes during questioning, the suspect, although he admits to setting the fire, might say something that would cause you to think he was telling you something that he’s not quite capable of doing. If he is willing to do so, he should be taken out to the fire scene and photographed during all phases of the re-enactment of the crime. However questionable his story might sound, by actually letting him tell his version and then demonstrate it for you, these photographs will help to substantiate the investigation report as well as the confession.

Court presentation

Presenting the photographs in court brings us to the end of our investigation. These photographs are now ready to corroborate any evidence or samples that are submitted, as well as to substantiate testimony from you or a witness.

Photographic prints should be 8 X 10 inches in size for introduction in court. You may prefer to contact print each roll of film on a single sheet of 8 X 10inch paper, and then enlarge only those photos relative to the case. However, never conceal photographs that were taken. It may be necessary to print an additional 8 X 10-inch contact sheet so you’re not accused of hiding evidence. The law differs in many states on how and what photographs may be used as evidence. What is acceptable here in the Michigan courts may not be acceptable in Texas, California, or other states. However, most courts hold that only two things are necessary to submit photographs into evidence:

That the photograph in question be material and relevant to the issue.
That the photograph be a fair and accurate representation of what the photographer observed at the time the photograph was taken.

Unless you, yourself, have ever sat up there in that witness box and listened to the court rule on the use of your photographs; then watched while they were passed, one by one, through the jury; seen the expression of disbelief on the faces of the jurors turn to understanding as the photographs bear out the testimony of the witnesses, well, then you just haven’t experienced that deep down feeling of self satisfaction. After all that digging and probing around, getting tired, dirty, and sometimes disgusted, plus the countless hours spent in footwork, as well as rehashing fact after fact, you know that you did your job, and did it well.

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