Policy Text
Policy
604Fremont Police Department
Arson Investigation and Fire Department
Assistance
604.1 PURPOSE AND SCOPE
The purpose of this policy is to define the role of Police and Fire Departments in arson
investigations. It is the policy of the Fremont Police Department to investigate arson cases as a
team with the Fire Department.
604.2 PROCEDURE
The Fire Department and the Police Department are jointly responsible for ensuring that all
arson cases are investigated. Arson investigations are highly technical and require expertise
from both departments. These investigations are conducted in two primary phases. The first is
the determination of the cause and origin of the fire. Without this determination, by a qualified
investigator, a fire cannot be classified as arson. This phase must be investigated by a Fire
Department Investigator. The second investigative phase is the effort to locate the offender(s)
and prosecute them. The primary responsibility for this phase of investigation resides with the
Police Department. It is essential that Fire and Police Investigators work together in both phases.
In response to an arson fire, the following actions will be taken:
(a)A Fire Department Investigator is responsible for declaring a fire scene to be arson.
The person making this determination must be qualified, or possess the training to
become qualified, to render an expert opinion as to the cause and origin of the arson in
court. The Fire Investigator must complete a detailed report documenting their findings
and submit the report to the Police Department's Investigation Section within ten days
of the event. Arson cases with in-custody suspects will require a preliminary report
indicating the cause, origin, and an opinion as to whether or not a fire is arson within
24 hours of the event.
(b)When fires are suspicious in nature, but not declared to be arson, the Fire Department
Investigator or on-scene Battalion Commander may request police assistance if the
circumstances of the event are compelling. Strong circumstantial evidence that arson
has occurred should exist before police service is requested.
(c)The Fire Department Investigator must be on scene prior to a request for police
assistance, and the Fire Investigator must remain on scene during the initial police
investigation. The Fire Department Investigator or the Battalion Commander should
contact the Police Communications Center at (510) 790-6722 to make the request.
The Fire Department must provide the name of the Battalion Commander and Fire
Investigator when police services are requested at arson scenes. Police personnel will
not be dispatched without compliance with the requirements articulated in sections of
this policy.
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Arson Investigation and Fire Department Assistance
(d)Police Communications will accept the request from the Fire Department and classify
the request as a priority two call. Police Communications should notify a sergeant or
the Watch Commander of the request.
(e)The first responding Police Officer will contact the on-scene Battalion Commander or
the Fire Department Investigator. Together they will develop a plan to proceed with
the investigation.
(f)The reporting officer should assess the scene and determine whether or not a Crime
Scene Investigator should be called to assist in the investigation.
(g)Crime Scene Investigators shall not knowingly place themselves in a hazardous
environment. Fire scenes present many health hazards, and therefore officers shall
not enter a fire scene without proper personal protective equipment.
(h)Crime Scene Investigators will process the crime scene with the Fire Investigator.
The Crime Scene Investigator is responsible for collection of evidence, handling and
storage of the evidence, and documentation of his or her actions.
(i)The reporting officer, with the concurrence of a supervisor, may request a Police Arson
Investigator when circumstances suggest an immediate response by the investigator
would be required. If an Arson Investigator is not available the on-call investigator will
be contacted.
(j)If the arson has caused great bodily injury or death, a Police Investigator shall be called
to the scene. If the arson results in significant property damage (loss of a residence,
business, school, etc.) a Police Investigator should be called out. In less serious cases
(trash bins, vehicles, etc.) an investigator should not be called out without a compelling
reason.
(k)On-site Arson Investigations will be worked by an investigative team composed
of the Fire Investigator, a Police Officer, and when appropriate, a Crime Scene
Investigator and a Police Investigator. The Fire Investigator should conduct the
criminal investigation inside an arson scene with the technical assistance of the Police
Department. The Police Officer should conduct a criminal investigation outside the
actual scene of the arson with the support of the Fire Investigator.
(l)When arson investigations lead to the arrest of a suspect, the Police Department
will take the person into custody and process that person in accordance with current
department policy. The Police Department will present the case to the District Attorney
for prosecution. A Fire Investigator may be required to be present during that
presentation.
(m)Some Arson Investigations will rise to a level that exceeds the capability of the Fremont
Fire and Police Departments. Supervisors from both departments should discuss the
need to call for mutual aid. The Bureau of Alcohol Tobacco and Firearms, the Federal
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Arson Investigation and Fire Department Assistance
Bureau of Investigation, and the State Fire Marshal all provide assistance to local
jurisdictions.
(n)In the event of a major arson case,