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.
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Josh Moulin: Basic Fire Investigation for Law Enforcement
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 ¨C 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.
January 2003 ? Josh Moulin 13
14. Oregon Fire Laws
? Arson I
? Arson II
? Reckless burning
? Criminal mischief
? Reckless endangering
January 2003 ? Josh Moulin 14
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
January 2003 ? Josh Moulin 18
20. Steps of Fire Process
? Input heat
? Fuel
? Oxygen
? Mixing
? Proportioning
? Ignition continuity
January 2003 ? Josh Moulin 20
21. Classes of Fire
? Class A ¨C Ordinary combustibles
? Class B ¨C Flammable / combustible liquids
? Class C ¨C Energized electrical equipment
? Class D ¨C Combustible metals
January 2003 ? Josh Moulin 21
22. Stages of Fire
? Incipient stage (growth)
? Free burning stage (development)
? Smoldering (decay)
January 2003 ? Josh Moulin 22
23. Oxygen Needed for Combustion
? Atmosphere has 20.8 % oxygen content
? Open flaming combustion will stop at 15 ¨C 16
%
January 2003 ? Josh Moulin 23
24. Fire Phenomena
? Flashover
? Backdraft ¨C 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 ¨C 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 ¨C 2600 F
? Cigarette 550 F at end, 1250 in center
? Collapsed springs at 750 F
? Hardwood ¨C 595-740 F
? Gasoline ¨C 853 F
? Average house fire ¨C 1300 F
January 2003 ? Josh Moulin 27
28. Fire Patterns
? Fire will usually go up and out ¨C path of least resistance
? Shadowing
? Protection
? ¡°V¡± patterns
? Inverted ¡°V¡± patterns
? ¡°U¡± patterns
? Light bulbs
? Arrow patterns
January 2003 ? Josh Moulin 28
32. Undetermined
? Cannot prove cause
? ¡°Under Investigation¡±
? Can be determined at
later date
January 2003 ? Josh Moulin 32
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 ¨C 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 ¨C 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 ¨C Anarchist¡¯s
cook book
January 2003 ? Josh Moulin 49