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:1. Air

– opened windows or doors – pried-open vents – holes knocked in walls

2. Fuel – newspapers – Excelsior– other combustible materials found at or brought to the

scene

3. 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 SummaryArson 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

1. Administrative warrant

2. 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

1. 1993 Word Trade Center2. 1995 Murrah Federal Building in

Oklahoma City3. Unabomber4. Military Barracks in Saudi Arabia5. Atlanta’s Centennial Park6. 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