Intentional Fires
ARSON
INVESTIGATION
FINSP ARAMIS ARISTHEDES A BALDE
Associate Professor II
Philippine Public Safety College
Objectives:
At the end of the session, the students will be
able to:
a. Discuss how a fire investigation work and Fire
Behavior
b. Discuss the characteristics and varieties of arson
and describe the unique challenges
of investigating arson.
c. Identify the various motives for arson and discuss
how establishing motive may be useful in an
investigation.
CORPUS DELICTI- The mere burning of a building does
not constitute the corpus delicti of the crime of arson, for
there is no presumption that a burning building has been
intentionally set on fire; on the contrary the presumption
of innocence, which is accorded to an accused, carried
with it a presumption that the fire is of accidental or
providential origin. Thus, the corpus delicti requires, not
only the burning of a building, but also that the burning
was caused by a person with criminal intent.
How does a fire investigation work?
Evidence of arson is nearly impossible to preserve. Not only will
the fire likely destroy physical proof but the water and chemical
foam used to put out the blaze can also destroy potential
evidence. Because of this, an arson investigator’s most important
witnesses are the firefighters that first arrive on the scene. The
investigator will ask firefighters for details such as the color of the
smoke, damaged sprinkler systems, condition of doors and
windows, and general strange behavior of the flames.
After establishing the behavior of the fire,
investigators will look for point of origin
and any other physical evidence that can
be documented. This allows them to
reconstruct the event and use the
scientific method to prove or disprove
arson.
I. STEPS IN INVESTIGATING
FIRES AND ARSON
• Arriving at the scene - observe everything, to include the
weather, unusual odo, smoke , color, etc.
• Evaluating the scene - identify witnesses , define the scene
boundaries, use barrier tape identify a distinct origin and an
obvious fire cause, and the circumstance that brought them
together.
• Documenting the scene - describe and document the scene :
sketch, photograph or videotape the scene, take notes.
• Processing the evidence at the scene - Identify, collect and
preserve evidence; prevent evidence contamination, package &
transport evidence, establish & maintain the chain of custody.
• Completing the investigation - Issue the necessary Property
Recovery and Clearing Permit (PRCP)
II. SCIENTIFIC METHOD OF
FIRE INVESTIGATION
1. Observe
2. Determine how the fire started
3. Collect data
• Information about the fire
• Witness interviews
• Scene examination
• Fuel load
• Videos or photos of the fire in progress
4. Formulate hypothesis
• An estimate of what the first fuel was
• What ignition source was present
• How long the fire took to grow, etc
5. Test hypothesis all against available data
6. Revise hypothesis as needed
7. Reach a final hypothesis
8. Report the final conclusion
* Spoliation - of evidence occurs when an
individual or entity violates its duty to
preserve relevant evidence.
* Process of elimination / Negative Corpus -
is the process of determining cause of fire by
eliminating each possible cause, one by one,
until only one possible cause remains.
A Fire / ARSON Investigator ability to “read
smoke” to help predict fire behavior within a
structure
In typical residential and commercial fires, it is rare that a single fuel source is
emitting smoke–the smoke seen leaving a building is a mix of colors. For a
first-arriving fire officer, smoke color tells the stage of heating and helps us find
the location of the fire within a building.
Virtually all solid materials will emit a white “smoke” when first heated. This
white smoke is moisture (natural products) and various vapors like ammonia
and phenols (synthetics). As a material dries out and breaks down, the color of
the smoke will change.
• Wood materials will change to tan or brown;
• plastics and painted/stained surfaces will emit a grey smoke.
• As materials are further heated, the smoke leaving the material will
eventually be all black (carbonization). When flames touch a surface, the
surface will off-gas black smoke almost immediately.
• Therefore, the more black the smoke, the hotter the smoke. Black smoke
that is high velocity and very thin (low density) is indicative of flame-pushed
smoke; the fire is nearby.
4. DETERMINATION OF FIRE CAUSE
The complexities encountered
in fire investigation are sometimes
overwhelming to the investigator ,
but patience and adherence to
fundamental scientific principles of
combustion and fire behavior will
usually result in a reasonable
diagnosis of the fire.
4. DETERMINATION OF
FIRE CAUSE, continued . . .
Fundamental scientific
principles of combustion
and fire behaviour
• Radiation
• Convection
• Conduction
. . . .and fire behaviour
What is Arson ?
Arson/ist Any person who burns or sets fire to
the property of another (PD 1613)
The elements of arson must be
present:
1. Actual burning took place,
2. Actual burning is done with
malicious intent,
3. Actual burning is done by
persons legally and criminally
liable.
PD NO. 1613 Prima Facie Evidence of Arson
Sec. 6. Prima Facie Evidence of Arson. — Any of the following
circumstances shall constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the
building or establishment.
2. If substantial amount of flammable substances or materials are
stored within the building not necessary in the business
of the offender nor for household use.
3. Gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers, thereof, or
any Mechanical, electrical, chemical, or electronic contrivance
designed to start a fire, or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned building or property.
PD NO. 1613 Prima Facie Evidence of Arson
4. If the building or property is insured for substantially more than its
actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or
other premises owned or under the control of the offender and/or
insured.
6. If shortly before the fire a substantial portion of the effects insured
and stored in building or property had been withdrawn from the
premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for
the safety of other person or property of the victim.
Probable Persons who Commit Arson
1. Anyone who burns or sets fire to the property
of another
2. Anyone who sets fire to his own property under
circumstances which expose to danger the life
and property of another person
Some Motives for Committing Arson
1. Profit
2. Revenge
3. Vandalism
4. Excitement
5. Crime concealment
6. Psychological compulsion
Typically there are 6 principle motives
1. Vandalism: When the goal is to mischievously or maliciously harm
property, typically abandoned buildings or schools.
2. Excitement: When a fire is set to gain attention or get a rush, or,
sometimes, sexual gratification. A common example of
excitement-motivated arson occurs when a fire is set so that the
arsonist can then act as a hero by calling fire-fighters or helping to
put the fire out.
3. Revenge: When a fire is set in a malicious attempt to right a
wrong, whether the offense is real or imagined. This type of fire is
sometimes fueled by other motives as well. It is divided into four
subgroups:
– Personal (target is an individual),
– Societal (grievance is with society as a whole),
– Institutional (targeting an established organization, like the
military, as a whole) and
– Group (targeting members of a group, often striking against
their meeting place).
4. Crime-Concealment: When arson is secondary to a
crime that has already taken place, and the fire is set
to destroy evidence.
5. Profit: When a fire is set to make money either
directly, such as through insurance, or indirectly,
through jobs created in putting out the fire or rebuilding
afterward.
6. Extremism: When a fire is set to promote a
viewpoint. Examples of targets are homes of minority
groups or places of worship.
Possible Profile
of an Arsonist
• Usually male under the age of 27
years. Most serial arsonists had a
history of prior crimes, usually serious
crimes. Most have average or above-
average intelligence although the
majority have only a secondary school
education or less. Most exhibit
difficulties in their personal
relationships or with socialization.
• Approximately 1 in 4 have a history of
self harming on more than one
occasion and approximately 1 in 2 have
a history of psychological or psychiatric
problems. 1 in 3 report that they do not
have a warm or close relationships with
their parents, though 1 in 2 come from
homes with both parents present
OSCE: Organization for Security and Co-operation in Europe https://www.osce.org
Possible behavior of an
Arsonist
• More than half of the arsonists
chose to observe the blaze after it
was set, either from the scene or
at a nearby location.
• Most arsonist report that they did
not think about being caught when
setting the fires, or thought it was
unlikely that they would be caught.
• Most were arrested through
diligent police work, but 15%
surrendered and confessed their
crimes.
Reasons Why Organized Crimes Resort to Arson
1. To intimidate witnesses
2. To eliminate other criminal factions
3. As a form of discipline to maintain order within their own ranks
Reasons Behind Arson for Profit
1. Relocation when unable to break a lease or sell the old location
2. Dissolution of the business
3. Ridding of obsolete or unsalable merchandise
4. Completion of seasonal business
5. Imminent business failure
6. Upgrading of equipment
7. Labor and union problems
8. Crime in the area
Arriving at the Fire and/or
Arson Scene, avoid negative corpus
• Observe the fire and scene condition
• Exercise scene safety
• Preserve fire scene
• Establish security and control
• Coordinate inter-agency activities
Observe the fire and scene conditions
First responders at the scene must observe conditions
and activities and provide investigators with an accurate
and complete description.
While approaching the scene, note the following:
• 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 volume of flames and smoke, direction).
• First responders on the scene
• Type of occupancy
• 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 structure)
• Weather conditions
• Fire suppression technique used
• Status of fire alarms. Security alarms and sprinklers
Exercise scene safety
First responders must make sure that victims, bystanders,
and public safety personnel are safe. They must exercise
due caution to avoid injuries to themselves and others:
• 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.
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.
Preserve the fire scene. . . .
• 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 to the scene through
vehicle leaks or destroy other evidence, including shoe prints and tire
impressions).
• Contamination from external sources, such as fuel-powered tools or
equipment.
Protect evidence by:
• Limiting excessive fire suppression, overhaul and salvage.
• Avoiding needless destruction of property.
• Leaving bodies undisturbed.
• Flagging items of evidence with cones or markers.
• Recording observations through written notes or voice recordings.
• Covering items or areas containing evidence with objects that will not
contaminate the evidence (e.g., clean boxes or tarpaulins).
• Isolating items or areas containing evidence with rope, barrier tape,
barricades or sentries.
• Retaining and securing clothing items removed from victims and
suspects.
• Obtaining information about victims and witnesses (i.e., their names,
addresses and telephone numbers).
• Preserving transient evidence (e.g., trace evidence, shoe prints and
tire impressions).
• Removing evidence if it might be destroyed by the fire or the collapse
of a damaged building.
• Telling arriving investigators about what evidence has been
discovered.
Establish security and control.
First responders should immediately establish control of
the scene and initiate documentation of the scene.
To establish security and control, first responders
should:
• Set up a security perimeter (e.g., using barrier tape).
• Control access into the scene through the security
perimeter.
• Initiate documentation of the scene.
Coordinate interagency activities. First responders must
coordinate emergency operations between many different
agencies and organizations.
To coordinate activities at the scene, first responders should:
• Establish a command post and implement an incident command
system (i.e., a point of contact and line of communication and
authority for public safety personnel).
• Establish staging areas to ensure that emergency and support
vehicles have access into the area.
• Request additional personnel resources, such as firefighters, EMS
personnel, law enforcement officers, investigators, and
representatives of utility companies.
• Inform authorities about the status of the incident, hazards, injuries,
witnesses, the location of evidence, and other pertinent facts
Witnesses required in Arson
An expert witness is …
There are basically two types of witness:
1. Witnesses of Fact who may give evidence of
fact but may not normally give opinions;
2. Expert Witnesses who may give opinion
evidence within their expertise and in
addition evidence of facts.
Witnesses required for An Arson Case
1. The fire itself, corroborated by the
neighbors, Barangay Captain
2. Picture of the fire scene
3. Eye witnesses for interview
4. Your Investigation report
5. You , the arson investigator
Backup? Investigators notebook OR voice
recorder.
EDICT OF ARES
One frequently interprets the premise of ‘know
your enemy / fire’ as a function of intelligence,
concentrating on determining the locations,
dispositions, and intentions (fire behavior). . . .
Intelligence gathering is a process event where
from many different sources, we obtain many
bits of useful information from multiple sources,
and also lots of useless information.
But intelligence gathering is the way to defeat
our enemy/fire . . . . thus, stretch your
competency , exhaust all means to determine the
cause of each fire you investigate.
FINSP ARAMIS ARISTHEDES A BALDE
Associate Professor II
Philippine Public Safety College
[email protected] Mobile Number: 09171586641 (Globe)
Facebook : Aramis led
Past Designations
• Chief, Community Relations Officer/Public Information Unit
• Acting Municipal Fire Marshal of BFP Tiwi, Albay
• Regional Executive Senior Fire Officer/Chief, Intelligence and Investigation Branch-
Public Information Service
• Chief, Fire Safety Enforcement Section
• Chief, Fire Suppression and Control Section
