FIRE AND ARSON INVESTIGATION

Fire – it is active chemical reaction that takes place between fuel, heat and
oxygen in the form of light and noticeable heat.
Fire could be understood as the phenomenon of combustion manifested in light,
flame, and heat (Merriam Webster Dictionary)

ELEMENTS OF FIRE
ANTOINE LAVOISER – A French chemist who proved in 1777 that burning is the result
of rapid combination of oxygen with other substances. As substances burn, heat and
light are the products.

1) Fuel – is anything that will burn when heated with sufficient oxygen. The most
important element for it is what burns. (solid, liquid, gas)
2) Oxygen – aids in combustion; comes from at atmosphere we breathe (need not
be procured); supports life.
 ATMOSPHERE – 21% oxygen +78% nitrogen + 1% impurities/
 15% - amount of oxygen to sustain combustion.
 Carbon Dioxide (CO2) – a gas which is product of burning which is not
poisonous but dangerous because it does not support life.
 Carbon Monoxide (CO) – a poisonous gas.
 Pyrophoric substances – a substance (powder) that burst into flames by
spontaneous combustion when exposed to air or oxygen.
3) Heat – the source of ignition
 Temperature – the measure of the degree of thermal agitation of molecules. It
determines the sensation of warmth and coldness of a matter on contact.
 Thermometer – the most common device which measure temperature.

ARSON INVSTIGATION
What is Arson?
- Consist of the willful and malicious burning of all kinds of buildings and
structures including personal property.

Arson Investigator – a person form Bureau of Fire Protection who is trained and is
tasked to investigate the causes of fires and to file proper changes in court. Also
known as Arson Prober or Fire Prober or Fire Investigation.
1. In arson investigation, it must be established that there was a fire. You can do this
through witnesses, fire records and photographs.
2. The big question arises. Is the fire of accidental or incendiary origin? The
investigator and the pathologist must work just as diligently to prove accidental origin or
incendiary origin. Their only obligation is the true facts.

What constitutes Arson?

 Burning – to constitute burning, there must be some burning or charring, its
identity changed.
 Willfulness – means international and implies that the act was done purposely
and intentionally.
 Malice – denotes hatred or ill will or a desire for revenge. Deliberate intention of
doing unjustified harm for the satisfaction of doing it.
 Motive – is the moving cause which includes the commission of a crime.
Something that leads or influences a person to do something.
 Intent – is the purpose or design with which the act is done and involves the will.
An essential element of crime, motive is not.

Why is arson very hard to investigate?

1. Arson is one of the most difficult offenses to investigate because the arsonists
is able to set a fire and can escape undetected.
2. The fire can consume the scene and destroy much physical evidence of the
offense.
3. Harder forms of evidence are often buried in debris and grossly altered in
appearance.

STAGES OF COMMITTING ARSON

ATTEMPTED ARSON
In attempted arson, it is not necessary that there be a fire before the crime is committed.
No hard and fast rule is laid down by the law to the requirements for attempted arson.
The peculiar facts and circumstances of a particular case should carry more weight in
the decision of the case.
EXAMPLE:
Michael Scofield with the intention to burn a wooden structure, collects rags, soaks
them in gasoline and place them beside wooden wall of the building. When he is about
to light a match to set fire to the rags, he is discovered by another who chases him
away.
In this case, the crime committed is attempted arson:
 The offender begins the commission of the crime directly by overacts (placing the
rags soaked in gasoline beside the wooden wall of the building and lighting a
match)
 Bu he does not perform the acts of executions (the setting of the fire to the rags
due to the time intervention of another how chases away) the offender.

FRUSTRATED ARSON
EXAMPLE
Kuya Kardo, already set fire to the rags soaked with gasoline and put it near the
partition of an inhabited house before he leaves the premises without knowing that
before any part of the building was burned, the flaming rags has been extinguished by
Mrs. Pining Garcia, the house owner.
In frustrated arson. The fact of having set fire to some rags soaked in gasoline and
placed near the partition of an inhabited house, should not be qualified as
consummated arson in as much no part of the house had begun to burn, although
fire would have started in the said partition had it not been extinguished on time

CONSUMMATED ARSON
The offender did in fact set fire to the roof of the house and said house was
partially burned. The crime was consummated arson, notwithstanding the fact
that the fire afterwards extinguished for once in has been started, the
consummation of the crime of arson does not depend upon the extent of the
damage caused.
 Setting fire to the contents of a building constitutes the consummated crime
setting fire to a building even if no part of the building was burned.
MOTIVES OF ARSON
What is Motive?
- it is the moving cause which includes a person to commit a crime.
Is motive necessary to be proven in criminal proceedings?
- the motive is not necessary to be proven in criminal cases for it not an element of a
crime
- Motive is not necessary to be proven in criminal proceedings but once motive is
shown, then intent can easily established.

When does MOTIVE NECESSARY?

- when there is no positive identification of the perpetrator or suspect.
Motive can be established by:
INSURANCE FRAUD
CONCELAMENT OF CRIME
PUNITIVE MEASURES
INTIMIDATION or ECONOMIC DISABLING
PUBLIC DISTURBANCE
VANDALISM
EXTREMIST
PYROMANIA

In determining motive, a fire investigator concentrates on three major factors;

1. Point of origin of the fire
2. Modus operandi of the arsonist
3. Identity of persons who might benefits form the fire

What is Point of Origin? In arson investigation, point of origin is the source, the
beginning and exact place where an unfriendly originates.

Steps on How to Determine the Point of Origin

1. Examine the interior damages in the burned property and determine the room
area that has received the severe damages. (Point of Origin)
2. Determine the level or origin within the room by examining and comparing the
bottom side of the table, shelves, chairs or floor. (Depth of Charring)
3. Examine the ceiling and look for the following patterns:
a. Fire penetration
b. Heaviest fire exposure
4. Examine the light bulbs within the room (it can indicate the motion of the fire thru
the after formation of the light bulbs melt)
5. Examine the walls within the room and look for fire patterns or fire cones.
(Usually V-shaped burning is upward and outward motion leaving corresponding
fire pattern on the wall as result of heat propagation).

Factors to be considered in determining the Point of Origin:

 Interviewing witnesses – firefighting personnel, the occupants, the discover of
the fire, the passerby and others. These witnesses will give testimonies to facts
that cannot only pinpoint the origin of the fire but they can also provide
information relative to the fire in its incipient stages.
II. Low point of burning – the lowest of burning should be given first consideration
when of origin of the fire. The single most significant fact that assist the investigator is
that fire normally burn upwards.
III. Charring Pattern – the lowest point of burning will indicate a deeper char.
(alligatoring)

Important reasons for determining the Point of Origin in the investigation of

Arson:
 Fire prevention and Saving of Lives – statistics and lessons learned from
tragedies will help prevent additional catastrophes.
 To establish the Fact that the fire was of incendiary origin – the law prescribes
the every fire is presumed to be of an accidental nature. This presumption
has to be overcome before the investigator can make an arson case.
 To establish the corpus delicti – the difficulty in knowing the point of origin
arises when a fir occurs in totally consumed factory or building because what the
investigator will find the fire scene are piles of debris. The physical evidence of
the offense are destroyed and even grossly altered appearance.
 But in small fire, the point of origin can easily be established by an investigator
armed only with basic fundamentals.

What is Fire Scene?

 A fire scene is the location in which a fire occurred.
 It is also the central location of fire form which subsequent investigate efforts
will begin.
What is meant by Preserving the Scene?
 Preserving the fire scene means to keep the side of the fire in the same physical
condition as it was left by the perpetrator.
 To prevent obliteration, deterioration and destruction of tangible clues and to
preserve evidential value of physical evidence.

Arson Evidence that a Prober should seek at the fire scene:

 Usually rapid spread of the fire.
 Where it originates?
 Separate fires – when two or more separate fires break-out within a building, the
fire is certainly suspicious.
 Unusual odors – the odor of gasoline, alcohol, kerosene and other inflammable
liquids are indicated by their characteristics and often times, arsonists are
trapped because of this tell-tale signs.
 Objects that appear to be foreign to the scene such as cams, candles, matches,
explosives, electrical appliance such as irons, heating elements, clocks, radios,
flammables, trailers, etc.

6. Charming patter – may indicated certain fire characteristics. The fact that the fire
feeds on combustible while propagating itself indicates that the char will generally be
deepest from where the fire originates.
 when a fire is extinguished quickly, the charring is only slightly below the surface.
 Fire burning for a longer period of time will indicate a char that is deep and
pronounced. These facts are most apparent in the charring of wood as a fires
burns.
 The charring from fire on wood will looks exactly like the side of the black
alligator. Fire extinguished quickly on wood will show a large alligatoring pattern
that has not penetrated the wood to any extent.
 Fire burning for a long period of them on wood will show small alligatoring pattern
but the char will go deep into the wood.
  The direction of fire can also be taken into consideration with charring. The
exposed side of a combustible will have a deeper char than the unexposed side.
7. Evidence of forcible entry or lack of same may be important depending on the
circumstances at the time of fire
 If the investigator determines there was no forcible entry and finds that
circumstances at the time of fire, he can reasonably suspect there is possibility
that the person who sets the fire entered the building with a key.
 Doors and windows showing sign of forced entry may point to arson preceded by
burglary or arson by someone without a key to the premises.
 In the search for evidence, the investigator should attempt to determine if money,
personal property or other valuables are missing because these points could lead
him to establish motives in the commission of the crime.
Searching the Fire Scene – after the fire has been firmly secured, it must be searched.
This investigation is carried out to obtain all available physical evidence such as
weapons, clothing, fingerprints, footprints, tire marks, charred, burned materials or any
other investigative lead which might help to achieve successful conclusion to the case.
 Searching the fire scene is not confined to the specific area of the line itself. It
may be extended along the path approach and follow the line of flight of the
perpetrator.
 Quite frequently, a criminal may discard or accidentally drops an item which may
be found to be valuable evidence such as wearing apparel or instrumental in
obtaining identification.

Evaluating the Scene Contact first responders and establish presence. Define the scene's boundaries.
Identify and interview witnesses at the scene. Assess scene security at the time of the fire. Identify
the resources required to process the scene.

Fire and arson investigators examine the physical attributes of a fire scene and identify and
collect physical evidence from the scene. This evidence is then analyzed to help determine if the
cause of the fire was accidental or deliberate. During the scene examination, investigators may
find evidence such as accelerants, tampered utilities, and specific burn patterns, which may
indicate criminal activity.

Arriving at the Fire and/or Arson Scene First responders to a fire scene must assess and secure
the scene and ensure that victims receive medical attention. Observe the fire and scene
conditions. Exercise scene safety. Preserve the fire scene. Establish security and control.
Coordinate interagency activities. Observe the fire and scene conditions. First responders at a fire
scene must observe conditions and activities and provide investigators with an accurate and
complete description. While approaching a fire scene, first responders should observe and
mentally note the following conditions and activities and initiate permanent documentation of the
information (e.g., written notes, voice recordings and videotapes): The presence, location and
condition of victims and witnesses. Vehicles leaving the scene, bystanders or unusual activities
near the scene. Flame and smoke conditions (e.g., the volume of flames and smoke; the color,
height and location of the flames; the direction in which the flames and smoke are moving). The
first public safety personnel to arrive on the scene, whether they are law enforcement
professionals, firefighters, or emergency medical services (EMS) personnel. The type of
occupancy and use of the structure (e.g., a residential occupancy being used as a business).
Conditions of the structure (e.g., lights turned on; fire through the roof; walls standing; open,
closed, or broken windows and doors). Conditions surrounding the scene (e.g., blocked
driveways, debris, damage to other structures). Weather conditions. Unusual characteristics of
the scene (e.g., the presence of containers, exterior burning or charring on the building, the
absence of normal contents, unusual odors, fire trailers [physical trails of fuel and the burn
patterns caused by those trails]). The fire suppression techniques used. The status of fire alarms,
security alarms and sprinklers. Exercise scene safety. Safety overrides all other concerns. First
responders must make sure that victims, bystanders, and public safety personnel are safe. This
involves mitigating safety hazards that may further threaten victims, bystanders, and public
safety personnel. They must exercise due caution to avoid injuries to themselves and others. First
responders should: Evaluate the scene for safety hazards (e.g., structural collapse of the building;
smoke; electrical, chemical or biological hazards; other health risks). Establish safety/hazard
zones. Communicate hazards to other personnel arriving at the scene. Use tools and personal
protective equipment appropriate to the task during all operations. DANGER:Beware of
incendiary or explosive devices! The scene may contain devices specifically designed to kill or
maim public safety responders. Do not touch any suspected incendiary or explosive device.
Evacuate the area, and request the services of personnel trained in the removal of such items.
Preserve the fire scene. First responders must understand how rescue, medical, fire suppression,
overhaul, and salvage efforts can adversely affect evidence and take steps to preserve it. They
should secure the fire scene and identify potential evidence, take preliminary steps to preserve it,
and notify appropriate authorities about its existence. First responders should: Observe and
mentally note evidence at the scene, such as: Fire patterns (including multiple fire locations).
Burn injuries to victims and fire patterns on clothing. Trailers, ignitable liquids or other unusual
fuel distribution (e.g., piles of newspapers and/or furniture pushed together).
Incendiary/ignition/explosive devices (e.g., lighters, matches and timing devices). Shoe prints
and tire impressions. Broken windows and doors. Distribution of broken glass and debris.
Indications of forced entry (tools and tool marks). Containers. Discarded clothing. Trace
evidence (e.g., hairs, fibers, fingerprints, blood and other body fluids). Evidence of crimes in
addition to the possible arson (e.g., weapons, bodies, drugs and/or clandestine drug laboratory
equipment). Witnesses, bystanders and victims. Any other unusual items or the absence of
normal contents or structural components. Recognize threats to evidence (i.e., its movement,
removal, contamination or destruction) from any of the following sources: Fire-suppression
activities that may wash away or dilute potential evidence. Overhaul activities that destroy fire
patterns. Salvage activities that involve moving or removing physical evidence. Tool use that
may destroy evidence. Moving knobs, switches and controls on appliances and utilities. Weather
conditions that affect transient evidence (i.e., wind, precipitation or temperature changes).
Personnel walking through the scene. Witnesses and victims leaving the scene. Medical
intervention and treatment of victims (e.g., by damaging evidence at the scene or destroying
victims' clothing). Premature removal or movement of bodies. Vehicles at the scene (e.g., that
introduce fluid