SPOTLIGHT INVESTIGATIVE Take It or Leave It? ney involved with the case. The investigator should be aware of the legal ramifications of his actions as they relate to evidence and all other aspects of his forensic practice. In this situation, judgment ruled on the side of protecting evidence that may be lost or otherwise compromised. In other instances, like those involving vehicle de- fects or product liability — vehicle fires or mechanical failures, for example — it’s more commonly advised to leave the evidence with the vehicle unless the handling and storage of the vehicle could result in the evidence becoming detached or lost. If it can’t be properly secured with the vehicle, it should be removed for protection. With evidence, deciding whether to take it or leave it is a difficult choice. If available, an attorney should guide the investigator through this process with recommendations. “Forensic investigators should be familiar with the laws of their state that affect not only the way they handle and address evidence, but also how they practice their investigative skills.” State laws may also add insight. Local crime scene technicians, police and private inves- tigators are other great sources for guidance. In the absence of these sources (and with a knowledge and understanding of evidence laws), the investigator should elect, if at all possible, to leave the evidence when it’s an- ticipated that the opposing side will need the opportunity to see it in its recovered location. However, if the investigator can’t guarantee that the evidence will remain undisturbed and unaltered, then electing to remove it for the purposes of protection should be considered. Another consideration is laboratory anal- ysis. Removal of evidence for the purposes of laboratory-based analysis may be nec- essary because specific testing — such as microscopic lock analysis or wear-pattern analysis of keys — may not properly or safely be performed at the location of the investigation. In those cases, the client should be told that evidence is being re- moved and that additional testing that could be construed as destructive will be performed. The ramifications or pros and cons of such testing will be based on the nature of the investigation and the status of litigation that may be ongoing. Laws and Logic In summation, the investigator has to use a combination of rules, laws and logic to deter- mine whether evidence identified during an examination should be removed or leſt with the subject. Guidance from legal counsel is invaluable in such decisions. To learn more about physical evidence and other types of evidence, consider attending Evidence: Introduction to Identification, Col- lection, Handling and Presentation for the Investigative Locksmith, offered by the IAIL at the ALOA Convention & Security Expo on July 19-26, 2014, in New Orleans, LA. ange, PE, CFL, a past ent of the Interna- Association of Inves- e Locksmiths, is a ied Forensic Locksmith censed Professional eer. He can be reached estions or comments [email protected]. Figure 2. The onsite assessment of the remains of the lock identifies the remains of a key to which the wafer tumblers from the ignition lock cylinder are attached. 26 KEYNOTES MARCH 2014 WWW.ALOA.ORG
