Following the report of death by a law enforcement officer at a scene, the Medical Examiner Investigators will request that the body and its immediate surroundings remain undisturbed until their arrival. It is understood that prior to the arrival of the Medical Examiner's investigators, the police agency with jurisdiction may initiate its investigation of the scene and will use reasonable care, consistent with crime scene investigative techniques, not to disturb the body and its immediate surroundings. This includes any weapons or devices that may have been associated with the death. A Medical Examiner Investigator must approve any movement of the body, weapons, or devices.
If identification of the deceased is absolutely necessary, the police may remove the decedent's wallet to determine probable identity prior to Medical Examiner investigator's arrival. The Medical Examiner Investigator's responsibility at the scene of death is primarily the documentation of the undisturbed body and collection of evidence and property, which is a direct part of the body.
The investigation should include appropriate photography to assist in the evaluation of the scene or for other legitimate purposes. In the absence of next of kin, the Medical Examiner Investigators have the responsibility to search for identification, notify the next of kin, and take charge of valuables at the scene of death.
In an apparent suicide the investigator is to take charge of any suicide notes, as well as the weapons or devices with which the suicide was committed.
If a question exists as to whether a death resulted from suicide or homicide, it will be investigated as a homicide and the police agency may take custody of relevant physical evidence including notes, weapons, or any devices which may have been involved in the death.
The Medical Examiner Investigator does not search the body or premises except in the presence of witnesses. Police officers may be asked to witness the search and sign the property record as a witness. The Investigator will inquire of the police officer for a police incident number for inclusion in the Medical Examiner's investigative report.
Scene investigation - Homicide
|
In any death in which there is clear evidence of a homicide, the Medical Examiner/Pathologist is immediately available to respond to the scene. Because time of death is frequently an issue in homicidal violence, it is recommended that the Medical Examiner/Pathologist respond to the death scene as quickly as possible. This Examiner/Pathologist will perform an examination of the body and make arrangements for future removal by the Medical Examiner Investigator.
It is extremely important in homicide cases that the body of the deceased, including immediate surroundings, not be moved or disturbed in any way inconsistent with police crime scene investigative techniques. If such movement occurs or any disruption is present, this should be reported to the Medical Examiner/Pathologist.
Every effort should be made not to disturb the body or evidence that may be directly or indirectly associated with the death.
Homicide detectives will take possession of other evidence as deemed appropriate and with the concurrence of the Medical Examiner/Pathologist.
If elements of personal property are viewed as evidence by the police, these articles will be transferred to the investigating police agency at the time that other evidence removed from the body at autopsy is transferred.
Every effort should be made by the investigating police agency to pick up all evidence within 48 hours of completing the autopsy.
The Medical Examiner's Office does not have evidence storage facilities and prompt attention to evidence transfer is essential to avoid delays. Personal property that is not deemed of value as evidence will be entered into the property inventory for return to the family.
Scene investigation - Questionable deaths
|
When it is unclear whether a death is the result of homicidal violence, law enforcement agencies are urged to utilize the resources of the Medical Examiner's Office in determining the character of the death. In such instances the death scene should be treated with the same care as utilized in homicide investigations.
At apparent natural death scenes it is best to allow the Medical Examiner's Investigator to contact the family physician. Law enforcement officers/deputies should collect information such as medical history and prescription medications found at the scene.
Scene investigation - Traffic fatalities
|
As soon as it is confirmed that a traffic death has occurred, that death must be reported to the Office of the Medical Examiner. The body is not to be moved from the scene of the accident without authorization by the Medical Examiner.
If the body is in public view it should be covered and care should be taken to keep the public away from the body. If a body is in danger of being mutilated or damaged at the scene it should be moved, but only so far as to get it out of the troubled area, e.g. from the center traffic lane to the roadside.
If the body is removed from a vehicle, it is imperative that information regarding the position of the body in the vehicle and the usage of restraint systems be made available to the Medical Examiner's Investigator.
Vehicles involved in a traffic fatality should not be moved from the scene prior to the arrival of the Medical Examiner Investigator except when a Medical Examiner Investigator authorizes the vehicle to be moved.
It is requested that a copy of the incident report and subsequent investigative report compiled by law enforcement be made available to the Medical Examiner's Office. Such documents will not be a part of the official Medical Examiner's report and consequently are not available for public inspection.
All requests for access to or copies of police investigative reports will be referred either to the originating law enforcement agency or to the prosecuting attorney's office.
Court testimony in criminal cases
|
It is anticipated that the Medical Examiner personnel responsible for any portion of the investigation of criminal deaths will be routinely subpoenaed to appear in court. Medical Examiner personnel are available to prosecuting or defense attorneys to discuss any testimony prior to trial.
It should be recognized and understood by both prosecutor and law enforcement officers that the Office of the Medical Examiner, or any member of the staff, are not in any sense of the word, solely an agent of the prosecution. They are to be considered independent professional witnesses.
Medical findings of the Medical Examiner may be made available to representatives of the defense as well as the prosecution.
No Jurisdiction Assumed (NJA) deaths
|
In deaths where no jurisdiction has been assumed by the Medical Examiner's Office (see pg. 1:4), the NJA number and a brief description of the death is kept within a database. This information is available to law enforcement agencies and may be obtained by telephoning the Medical Examiner's investigators during usual business hours.
