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Chapter 15. Arson, Bombs and Explosives. Classification of Fires. Natural Accidental Criminal (arson) Suspicious Of Unknown Origin. Arson. Elements: Willful, malicious burning of a building or property Heating to the ignition point is sufficient
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Chapter 15 Arson, Bombs and Explosives
Classification of Fires • Natural • Accidental • Criminal (arson) • Suspicious • Of Unknown Origin
Arson Elements: • Willful, malicious burning of a building or property • Heating to the ignition point is sufficient • Of another, or of one’s own to defraud • Or causing to be burned, or aiding, counseling or procuring such burning
Categories of Arson • Aggravated • Intentionally destroying or damaging a dwelling or property by means of fire, explosives, or other infernal device • Creating an imminent danger to life or great bodily harm, which risk was known or reasonably foreseeable to the suspect • Simple • Intentional destruction by fire or explosives • Does not create imminent danger or risk of great bodily harm
Degrees of Arson • First-degree: burning of dwellings • Second-degree: burning of buildings, other than dwellings • Third-degree: burning of other property • Fourth-degree: attempting to burn buildings or property
Anatomy of an Arsonist • Male • Under 18 • Reared in a broken or unstable home • Extensive criminal history • Below average intelligence • Lacks marital ties • Socially maladjusted or a loner • Unemployed or working in an unskilled position • Is intoxicated at the time he sets the fire
Motivation for Arson • Revenge • Spite or jealousy • Vandalism and malicious mischief • Crime, concealment, and diversionary tactics • Profit and insurance fraud • Intimidation, extortion, and sabotage • Psychiatric afflictions, pyromania, alcoholism, and mental retardation
Assistance in Investigating Arson • Fire Department • ATF • News Media • Insurance Companies • Arson Task Forces • Fire and Police Department personnel • Community leaders • Insurance representatives • City, county, and district attorneys • Federal agency personnel • Other
Special Challenges • Coordinating efforts with the fire department and others • Determining whether a crime has in fact been committed • Finding physical evidence • Finding witnesses • Determining whether the victim is a suspect
At the Fire Scene, Note: • Presence, location, and condition of victims and witnesses • Vehicles leaving the scene, bystanders or unusual activities near the scene • Flame and smoke conditions • Type of occupancy, use and condition of structure • Conditions surrounding the scene • Weather conditions • Fire suppression techniques used • Status of fire alarms, security alarms and sprinklers
The Fire Triangle Three elements necessary for a substance to burn: • Air • opened windows or doors • pried-open vents • holes knocked in walls • Fuel • newspapers • Excelsior • other combustible materials found at or brought to the scene • Heat
Burn Indicators • Alligatoring • Crazing • Depth of char • Lines of demarcation • Sagged furniture springs • Spalling
Smoke Color • Blue Smoke – Burning Alcohol • White Smoke – Burning vegetable compounds, hay or phosphorous • Yellow/Brownish yellow Smoke – film, nitric acid, hydrochloric acid, smokeless gunpowder • Black Smoke – petroleum or petroleum products
Arson Summary Arson is likely in fires that: • Have more than one point of origin • Deviate from normal burning patterns • Show evidence of trailers • Show evidence of being accelerated • Produce odors or smoke of a color associated with substances not normally present at the scene • Indicate that an abnormal amount of air, fuel, or heat was present • Reveal evidence of incendiary igniters at the point of origin
Suspicious Circumstances • Suddenly emptied premises • Presence of materials not normally part of the business • Holes in the plaster exposing wood • Disconnected sprinkler systems • Blocked-open interior doors • Nailed-open fire doors • Other alterations that would provide more air, heat, or fuel to the area
Two-Step Warrant Process • Administrative warrant • Criminal warrant • Both require probable cause for issuance • Both require an affidavit in support of the warrant
Key Cases • Michigan v. Clifford • Coolidge v. New Hampshire • Michigan v. Tyler
Guidelines on Searches • Warrants are not required when an authorized person consents to the search. • Warrants are not required when investigators enter under “exigent circumstances.” • Without consent or an exigency, warrants are required if premises are subject to a “reasonable expectation of privacy.”
Guidelines on Searches, Continued • Evidence of a crime discovered during an administrative search may be seized if in plain view. • Once evidence of arson is discovered, the fire’s cause and origin are assumed to be known and a criminal warrant is required to continue the search.
Motives for Vehicle Arson • Desire to collect insurance. • Inability to make needed repairs after an unreported accident. • Desire to eliminate a loan on the vehicle. • Desire to cover up another crime. • General dissatisfaction with the vehicle’s performance. • Desire to resolve arguments over the use of the vehicle.
High-risk Arson Sites • Abandoned Properties • Negative-equity Properties • Property whose gas/electric were shut off • Prior-year Fires • Gang Locales • Known Drug Hot Spot Locations
Types of Bombs • Dry Ice • Mailbox Bomb • Car Bomb • Pipe Bomb
Famous Bombings • 1993 Word Trade Center • 1995 Murrah Federal Building in Oklahoma City • Unabomber • Military Barracks in Saudi Arabia • Atlanta’s Centennial Park • 2001 World Trade Center and the Pentagon
Investigating After An Explosion • Search for Secondary Explosive Devises • Secure the scene • Establish a perimeter and staging areas • Advise all personnel of preventing contamination • Initiate the chain of custody for evidence • Establish procedures to document personnel entering and exiting the scene • Document procedures for evidence collection and control