Day 35: My GSR expert is better than your GSR expert

Ofc. Gil-Blanco- Retired SJPD
He taught the academy classes for Evergreen Regional Academy and for the San Jose Police Department academy. He taught classes in vehicle pullovers which included
1. traffic stops
2. investigative stops
3. high risk stops
He trained them in the legal and technical aspects of these stops. The recruits would have to learn about this in the classroom and out on the training grounds. This would be reinforced during their field training. Recruits have to pass all sections of the academy to graduate, and then would have to pass their field training to become solo patrol officer. If they didn't pass field training they would be fired. Ofc. Gil-Blanco did teach Jeff in the academy. A consensual encounter is a way for a police officer to talk to someone without detaining them. A consensual encounter is just asking someone to talk. Once a red light is turned on, like a vehicle stop, it is a means of detention by the police officer. Legal cause for detention is a crime, suspicious activity, or suspicion that a crime might be committed by an individual. The lights in the police vehicle can be very confusing for new recruits. They are taught the need to understand everything in their car, so they can be free to act. It is very nerve racking as a recruit in field training because you have do operate and you have your FTO sitting next to you. There are 3 positions for the police are lights:
1.rear amber's
2. red light plus rear amber's
3. spinners
Ofc. Gil-Blanco teaches for recruits to always keep amber's on during vehicle stops so others can see you at night. He also teaches for the lights to be in the number 2 position for vehicle stops, that is red lights with rear amber's on. The lights should never be used for a consensual encounter because the lights deem it as a detention. The patrol car for a vehicle stop should be off-set about 3 feet. The positioning is always subject to change with the situation that the officer is involved in. The distance behind the car should be about 10-15 feet. If there was a consensual encounter the patrol car should be parked normally near the curb. Lights are used for officer safety. The officer needs to be kept away from being back lit, which would make it easier to see the officer's position. The police officer is taught to be out of the car within 3-5 seconds after a stop is made. The lights are to be put in the rear view mirror to light up the car so the officer can see the suspects hands and inside the car as the officer approaches. There are 3 approaches to a car stop:
1. driver side approach
2. passenger side approach
3. non-approach, verbal commands to get the suspect back to you
The car door of the patrol car is left open for officer protection. A non-approach is used if there are multiple subjects. If there are multiple suspects it is a high risk situation to an officer, so you would want to control it by commanding one person at a time. Traffic stop communication is taught to be done before the officer turns on the patrol lights. Sometimes you don't have time to do that communication. The problems with communication could be other officers on the radio, being in a dead zone, or situation doesn't allow it. If the officers can't get their radio communication done before the stop, they should do it as soon as possible as the situation is under control. It is most important to get out of the car for safety reasons. The police officers are taught to keep a line of sight on the suspect. If it was an consensual encounter the officer would find it easy to do radio communication because they would have time to do it. Officers are taught if they are on solo patrols to get out of the car if the suspect jumps out of their car. Ofc. Gil-Blanco shows a video in the academy of where police officers have been shot during "routine" car stops. Car stops are the most dangerous part of a police officers job. DEFENSE: Vehicle stops and consensual encounters are two different aspects of police work, and don't always happen from the car. They do merge during work as a police officer. A consensual encounter can be very risky, any stop can be dangerous. Officers are trained for their safety and the safety of others. Ofc. Gil-Blanco teaches that safety isn't routine, and no car stop is routine either. Police officers communicate with dispatch for their safety. Ofc. Gil-Blanco teaches to communicate with dispatch prior to turning on their lights to initiate a car stop. If that communication can't be made prior to turning on the lights it should be as soon as possible. Officers can communicate with dispatch via a car radio, radio on their uniform and by computer in their car. The computer is used to run license plates, get information/ emergency calls from dispatch, and to talk to other officers in the district. During a vehicle stop officers are taught not to use the computer because it will take their eyes away from the suspect. Officer should provide information about pullover if they can, like number of occupants, direction of travel, legal justification, vehicle type, etc. That is suppose to be done under ideal circumstances but that doesn't always happen. The officer is then suppose to wait to receive response back from dispatch, under ideal circumstances. The dead zones Ofc. Gil-Blanco has had in the past were in the Almaden Valley. After a few years on the job, some officers relax on some of the training they had. Tragedies occur when officer are complacent. Tragedies occur when officers do everything right. The radio is secondary to controlling the situation for the officer. An officer should always have his gun hand free. The officer might use a flashlight to light up the inside of the car, or the suspects hands. During the academy, the officers have to show in a car stop situation how to illuminate a car. If the officer becomes back lit, their silhouette is shown, and that is dangerous. If there is someone outside of a vehicle and someone in the drivers seat, the officer should stay farther back, and use a non-approach. JUROR: Do you shine the flashlight in the face , where is the flashlight located? If the officer uses his spot lights, it usually isn't needed. It can be used to light up areas of the car and not in the face of the suspect, it is located between their legs while driving, and in a back pocket while out of the car. JUROR: Does SJPD have a mentor program? No. JUROR: Do officers have a policy guideline packet they can access? They have a "rookie" book they study from in the car. JUROR: If you drive up on a parked car do you keep line of sight? Always keep line of sight on the occupant, bad guys move when your eyes are taken off of them.
Melissa Hengoed- Santa Clara County Crime lab
She is an expert in gun residue. It is undetectable to the naked eye. It is microscopic residue from the primer of the firearm. It is made up of barium, antimony, and lead. It stays on for about 12 hours. It doesn't mean they fired the gun, because it could be transferred only from handling the gun. It is lost by normal activity, washing, wiping. It doesn't adhere well to skin, better to clothes. If someone fell into a creek it could make it very difficult to give a GSR test. DEFENSE: Law enforcement does the field tests not the labs. The labs test what they are given from law enforcement. Transference of particles could happen easily from someone to some other objects. Clothes put in the wash could still contain particles of GSR. Environmental conditions such as wind, hitting objects, or wiping can lead to losing particles of GSR from the suspect.
Celia Hartnett - Lab director of forensic lab
Worked in the field for 36 years. GSR testing has been same since about 1976. Collection of GSR should be done to a suspect no matter the length of time, because once you don't do it you can't go back and try to get it. GSR is most commonly looked at on the hands, but it can be on car windows, cups, faces, clothing, and inside pockets. If someone falls in water it doesn't mean all the residue is gone, and as a scientist she wouldn't assume its all gone. In a test 5 out of 19 articles of clothes still had residue on it after washing. You can also get these particles from brake pads. LANE: There are times you only get 2 out of 3 parts? Yes, sometimes only lead and barium, or barium and antimony. That doesn't mean the test is ruled inconclusive. She never writes that, she writes it is consistent, highly consistent with GSR or writes there are environmental effects that cause this high count of particles in the test. LA sheriffs had suspects test positive because of the patrol cars they used to transport the suspects to jail. FBI has stopped using the GSR test about 5 years ago because of problems with it. Water hurts in the recovery in GSR. Finding GSR is dependent on gun type, and number of shots fired. The test is dependent on the item tested, efficiency of pads to pick up GSR, # of times the item was dabbed, and the analysis of the item. During analysis the scientist doesn't cover 100% of the GSR pad, its almost impossible. Revolver guns have more area for GSR to escape then semi-automatic guns. JUROR: Normal direction of GSR travel? Some will travel 12-16 feet towards target, come out the side of the gun about 18inch - 3 feet.



BOTH SIDES HAVE RESTED. CLOSING ARGUMENTS WILL START TOMORROW AT 10am. I HOPE YOU ALL CAN COME TO CLOSING!