Collecting evidence – six core steps

Collecting evidence – six core steps  ***** Summarize the 6 core steps in your Learning Journal

The manner in which evidence is collected and logged can greatly impact its level of admissibility in court. Security Guards and PIs must collect various forms of evidence in a legally compliant manner. There are six (6) main steps to collecting evidence in a legal manner:

1. evacuate and restrict access – When collecting evidence for court, it is important to keep in mind that if it can be demonstrated that outside parties have had unrestricted access to the evidence, or if it can be demonstrated that the evidence was not stored properly, then it may degrade or destroy certain evidence, or possibly negate the validity due to unauthorized access to the materials. As such, the Guard must be sure that he/she is in legal compliance with the rules of evidence. When collecting evidence:
   1. Evacuate any unauthorized persons from the area being investigated
   2. Block off the area with caution tape
   3. Contact the authorities when applicable
   4. Systematically inspect each area carefully
   5. Take their time when collecting evidence
   6. Log the time and location the evidence was discovered, identify who discovered it, and describe the evidence in great detail
2. secure – Evidence should be stored in a secure place at all times. Whether in a vehicle or storage room, the evidence must always be locked and secured in a manner in which only authorized persons will have access to it. It is beneficial to provide details in the report as to the manner in which the evidence is secured, and identify those handling the evidence. The latter is usually found in the form of a security seal that is often affixed to the item to indicate if the package has been tampered with, and is usually signed by the individual securing the evidence.
3. preserve – All evidence will require some level of preservation. As mentioned in the section on the Best evidence Rule, the most applicable form of evidence must be presented to the court. In some cases, these pieces of evidence may not be in good condition, or may have had degradation in quality due to improper or long-term storage. When dealing with evidence, Guards must be mindful of the methods of preserving evidence. The following outlines some basic rules for collecting evidence:
   1. Wear protective clothing: often times, the Guard can contaminate the scene when handling evidence. Gloves are required when picking up objects for both safety and legal reasons. They will prevent the transfer of fingerprints and sweat which can smudge or destroy existing evidence
   2. Do not use plastic baggies: While popular in the media, using plastic to preserve evidence can be devastating to the integrity of the evidence. Moisture is trapped in the air inside the baggie causing damage to the evidence over time. Paper bags and other containers are useful
   3. Take your time: Evidence collection is not a hurried action. It must be done carefully and slowly to ensure that nothing is overlooked, and that nothing is damaged during collection
   4. Take a picture: Photographing evidence is an essential component of evidence collection. Firstly, the photograph provides a clear picture of the evidence and its overall relation to crime scene. This can be used to note inconsistencies with stories given by suspects. Also, the photograph can act as a backup in cases where the original evidence is lost, damaged, or stolen. In all cases, the Guard should put another object such as a coin or pen to show the size and context of the object in the photograph
   5. Take detailed notes as you collect the evidence: This prevents clerical errors from mixing items up and causing logistical issues. Note-taking is an essential component of a Guard’s duties and it can also help in cases where the manner in which evidence is collected is called into question. This will log the Guard’s methodology in collecting the evidence and prove to the courts that it was collected properly within the guidelines of the law.
4. identify – The evidence must be properly identified for use in court. A full description of what the item or object is or is believed to be, and how it relates to the case is necessary. If the identifiers do not hold true in court, the evidence is thrown out. For example, if the Guard collects a ring which is listed as “gold ring”, then the evidence could not be admitted if further testing reveals that it is not made of gold. Security Guards must be diligent in properly identifying the items they log into evidence to avoid such situations.
5. continuity – In order to prove that the evidence was not handled or tampered with by a third party, the evidence must be tracked from the time it was collected to the time it is admitted and presented in Court. At no time can the evidence be accessed by a non-authorized person or entity. If this occurs, the defence counsel may use this as a means of getting the evidence tossed out of court during a Voir Dire hearing
6. log – The log will serve to corroborate the continuity and integrity of the evidence. This log should include the names, dates, and reasons for handling the evidence at any point from the time that the offence was committed to the evidence is admitted into court. A seal is usually placed on the outside of the package to identify if the item has been tampered with since last sealed.

In all cases, it is best to leave the scene untouched until professional Police investigators arrive on site. They are better prepared and trained to handle different forms of evidence and as such, waiting for them to arrive increases the likelihood of successful admissibility of evidence into court. When situations do not allow for the opportunity to wait for professional assistance, the Private Investigator must be able to properly collect and preserve the evidence until such time as it can be given to the Police.