Page 84 - CFDI Guide

• Trace evidence (hairs, fibers, chemicals, ashes, gunshot residue)
• Physical evidence (anything, including vomit, feces, liquids on scene, drugs, alcohol, weapons,

writings and other documentation, pornography)
• Blood spatter

These are the same as the medical examiner – as both agencies may have the ability and personnel to do
so, as well as the need and resources; some may not and only law enforcement is doing the primary evidence

collection. It should also be noted in cases of non-fatal incidents – such as attempted homicide, non-

homicide rape, kidnapping and other crimes against persons – law enforcement will be the only collector of
evidence. One exception will be the Sexual Assault Nurse Exam (SANE). Depending on circumstances – if
conducted at the request of law enforcement, versus at the request of the victim – this may be under the

evidence custodianship of law enforcement or the hospital. This is also true of any photographs which may

be documented by hospital staff for their records. It is important to check all possibilities.

In all cases of suspicious circumstances and/or suspected foul play, there should be a law enforcement
response and accompanying investigation. The investigation, as well as statute and/or policy of the law

enforcement agency, will determine if charges are made – and for felonies, which death / SBI events will be
– screened by the prosecutor’s office with affidavits and warrants for searches, arrests, and charges. The

enforcement agency is a public safety agency. As previously noted – the medical Manner of Death (i.e.
Accident or Homicide) does not necessarily correspond to the statutory definition. As a reminder, a motor

vehicle collision with a death ruled ‘Accident’ may be a legal vehicular homicide; or a self-defense shooting
and the medical Manner of Death ‘Homicide’ may have a statutory affirmative defense and not homicide or

murder.

III. THE PROSECUTION
When it has been determined by law enforcement a crime has been committed, the case is turned over or

merged with the prosecution. The prosecution then moves the case through the judicial system. The
experienced CFDI should know the prosecution is also a law enforcement agency, and has its own

investigators. Although the CFDI is an agency of the defense attorney, and holds the same attorney-client
work-product privilege and attorney-client confidentiality doctrine – the CFDI will not usually be in direct

contact with the prosecutor, most often the defense attorney will be. At all times the attorney-client should
be consulted and approve any such interactions, and may request them. The work-product may be part of

discovery or not – it is important to work with the attorney-client.

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