SPOTLIGHT INVESTIGATIVE Key Insertion and the Spoliation of Evidence leſt by that “new” key. When one consid- ers this and the limited number of times a thief may insert a key into the lock of a stolen vehicle, it can be concluded that potential for altering the interior of a lock by insertion of a known operational, pre- viously used key is little to none, especial- ly if the guidelines are followed. Transponder Immobilizer Systems With the development and implementa- tion of sophisticated transponder im- mobilizer theft deterrent systems, the importance of the mechanical locking systems has diminished to the point that many vehicle manufacturers no longer include mechanical anti-theft/ theft deterrent devices requiring a tra- ditional key. More and more vehicle manufacturers have been doing away with the mechanical theft deterrent sys- tems in favor of fully electronic secu- rity. One can conclude that the vehicle manufacturers no longer consider the mechanical theft deterrent systems the primary security device, leaving the transponder immobilizer system as the more important anti-theft system. However, to properly assess the tran- sponder immobilizer system, a tech- nician must operate the ignition and position the key in proper proximity to the antenna/inductor ring surrounding the entry to the lock cylinder. The antenna/inductor ring serves two purposes. It emits, by nature of its induc- tive properties, an electromagnetic pulse used to power the transponder device in the key and receives the radio frequency signal emitted by the powered key. The antenna/inductor ring is the communi- cation link between the key and the car, as the radio antenna is the link between the radio station and vehicle’s radio. So, to power the key and receive the emitted signal, the key must be in proper prox- 16 KEYNOTES APRIL 2018 “Destructive tests and the disassembly associated with them are generally not reversible and, as such, the evidence under scrutiny is forever changed.” imity to the lock while the ignition is turned on. As such, testing of the system requires the key to be in the ignition. This is where a compromise must be reached. If the technician chooses not to insert the key, he or she may be accused of not performing the proper testing and is now subject to more substantive accusations that leave his or her opinions open to suc- cessful challenge. Since testing has established that lim ited insertion of a known operationa worn-from-regular-use key does not alt the interior of the lock (with few excep tions), then choice to insert the key to test the “more important” theſt deterrent system (transponder immobilizer) is an educated choice that will not, if guide- lines are followed, constitute evidence spoliation. Thus, accusing a forensic lock- smith of evidence spoliation because a key was inserted in a lock is like accusing a medical examiner of spoliation because an incision was made during an autopsy. In conclusion, the insertion of a known operational, regular-use key into the igni- tion lock should not — if precautions are taken — alter the interior of the key or keyway. Therefore, such insertion should not constitute evidence spoliation. Based on the materials used in lock component construction and relative hardness of keys and locks, the effects of limited key insertions would not be identifiable. In fact, it may be argued that proper test- ing of what now has become the primary theſt deterrent system (the transponder immobilizer) dictates key insertion as a necessary part of the process. However, investigators not trained in forensic lock and key analysis should consult a forensic locksmith if there is any possibility that the key to be inserted may alter the inte- rior of the lock. In the end, evidence spoliation is the decision of the judge — not the expert, not the advocates and not the lawyers. Scientif- ic evidence, use of recognized protocol and guidelines and (unbiased) logic can assist the trier of fact (judge or jury) in making such a decision and protect the forensic locksmith from unfounded accusations of impropriety. More importantly, it can keep your hard work from being excluded from an investigation. Jef f Lange, PE, CFL, a past president of the In- ternational Association of Invest igat ive Lock- smi ths, is a Cer t i f ied Forensic Locksmith and Licensed Professional Engineer. He can be reached for questions or comments at [email protected]. Get Published! IAIL members: Submi t your ar t icles for the Invest igat ive Spotlight department. Send your informat ion to Ross Squire at [email protected]. WWW.ALOA.ORG
