December 1, 2009 
The Value of Evidence Handling and Storage 
Benefits of Using Scanning Technologuy in Forensic Testing  
Meet the Expert: Robert L. Miller, M.S.M.E., P.E.

The Value of Evidence Handling and Storage

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Spoliation of evidence can be the silent killer in litigation. The strongest cases lose their validity when critical evidence or opinions based on evidence are thrown out of court due to improper or negligent handling of the evidence. Proper procedure starts with the initial capture and labeling of evidence and inspected exemplars (exemplars become evidence when they are inspected by an expert and bring critical information to a case) and continues through the entire chain of custody.

The American Society for Testing and Materials (ASTM) defines standard practices for Collection and Preservation of Information and Physical Items by a Technical Investigator (E1188-05), Receiving, Documenting, Storing, and Retrieving Evidence in a Forensic Science Laboratory (E1492-05), and Examining and Preparing Items that are or may Become Involved in Criminal or Civil Litigation (E860-07). When evidence is first gathered or received, it must be labeled, tagged, logged, and stored in a secure place. This begins the chain of custody, which is documented with paperwork and signatures whenever the evidence transfers possession. When evidence is stored, procedures for routine maintenance of the contents of the evidence storage area must be followed. When evidence is tested, ASTM standards should be followed to avoid charges of spoliation. It is also a good idea to document those present for all testing. If evidence is to be returned, a transfer letter with appropriate signatures should be created. Finally, if evidence is to be disposed of or destroyed, written documentation providing authorization should be obtained from all parties in the litigation.

Oftentimes, engineering experts are involved with evidence handling and storage. Whether they are a first responder to an accident scene or later involved during multi-party inspections, they must be familiar with evidence handling protocols. The qualified expert will log the evidence collected, ensure safe handling and storage, and initiate the chain of custody documentation if possession transfers to another. The engineer may again be involved when evidence is tested or destroyed, providing the required documentation.

CED Investigative Technologies offers storage facilities to clients who require case evidence and exemplars to be stored. Our storage facilities ensure that all evidence and materials are stored properly and in compliance with ASTM standard.

Benefits of Using Scanning Technology in Forensic Engineering Testing

Most recently, many engineers have turned to object scanning technology opposed to traditional methods during an accident/incident investigation in litigation cases due to speed, accuracy and the ability to return to the data days or even years after the original evidence has been destroyed.

What is scanning technology? Originally designed for assisting surgeons in finding precision locations during surgery, this highly accurate device enables CED engineers to precisely document vehicles and component parts with specific applications in automotive, aerospace, water vessel and industrial environments with a high degree of measurement validity and reliability.

With the aid of Computer-Aided Manufacturing Measurement software, CED

utilizes the scanner to reverse engineer both simple parts and complex components. The resultant scanned images are assembled into 3-dimensional electronic Computer-Aided Design (CAD) models specific to the actual product under engineering investigation.

Examples of how CED uses the equipment to serve clients includes:

Vehicles – (cars/trucks/tractors/trailers/boats/components/etc.)

The traditional method of collecting vehicle crush measurements are time consuming with hand written coordinates or measurements generated using a tape measure and documented with photographs. These notes are then given to someone to create an engineering drawing.

However, with a portable scanning device an engineer can measure the entire vehicle in as little as 2-3 hours depending on the amount of deformation. But the huge time saver is that as the data points are selected, the computer software builds a surface model in real time. The engineer walks away with a 3D computer model. The model can then be used to (1) measure the amount of crush deformation, (2) be analyzed by biomechanical engineers for passenger biokinematics or (3) loaded into computer crash simulation or animation software.

Product Liability

To avoid liability, manufacturers should ensure their products are properly designed and manufactured to avoid injury. The scanner can be used to identify hazards or after an incident, to accurately measure and document a component exemplar for comparison to the component artifact. The scanner can assist CED engineers in finding the cause and origin of a failure and also gives them data they can use to offer the client possible design change options.

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Design or Testing Capabilities

Another scanner application is reverse engineering which allows engineers to take a physical object and create an exact digital replica. The digital file created by the scanner can be used for non-destructive testing and analysis (including structural analysis, fluid dynamics testing and finite element analysis) or for reproducing valuable design information for items where no full or accurate documentation exists.

These are only a few examples of how digital scanning enhances forensic engineering inspections. The scanner offers speed and superior data quality for documentation. It does not replace an accident/incident investigation – it complements the investigation.

Meet the Expert:  Robert L. Miller, M.S.M.E., P.E.

Robert Miller, M.S.M.E, P.E. is CED's president of the Vehicle Crash Group (VCG). With more than 12 years of experience analyzing complex vehicular accidents, Robert Miller is CED's senior automotive and vehicle expert as well as a vehicular accident reconstructionist. Mr. Miller has been involved in hundreds of accident cases and has testified in courtrooms throughout the United Sates.

Mr. Miller's experience in reconstructing accidents and providing leadership comes from a distinguished history in the United States Navy and also an academic background both as a student and as an instructor in engineering fundamentals.After graduating from the United States Naval Academy in 1974, Mr. Miller served aboard several ships within the United States Navy. Aboard the USS ORLECK, Mr. Miller held several engineering roles including managing the everyday functions necessary to maintain a ship. After leaving the USS ORLECK, he went to serve on the USS DUPONT, USS DETROIT and USS SAIPAN as the engineering officer in charge of all duties aboard the ship, except for weapon systems. Mr. Miller also served on the USS SEATTLE where he was second in command before accepting a position on the engineering faculty at the United States Naval Academy.

Along with a long service in the U.S. Navy, Mr. Miller also has a distinguished educational background. In 1986, he received a Masters in Mechanical Engineering from the Naval Postgraduate School. Mr. Miller has also been an instructor at the Surface Warfare Officers School in Newport, Rhode Island, teaching ship board engineering and was an instructor at the United States Naval Academy teaching

Dynamics and Naval Architecture courses.