trioforcharity, sgtbaker and crimeresearch:
How does collection of evidence and best practice parse out?
In this case we have an admitted shooting. Not really witnessed by anyone directly. (At least from the data at hand)
So as far as say the following evidence:
-photos of the admitted shooter
-blood samples of the admitted shooter
-physical exam of the admitted shooter
-clothing of the admitted shooter
I am assuming that there is wide latitude in what constitutes the legislative definition of 'evidence that should be obtained' and that it comes down to 'best practice'.
Are there statutes in FL that possibly say, 'in case of a death involving a firearm injury there shall be the following evidence gathered'.
Or is it more of the 'if you are investigating a suspected murder you shall gather the following', or is it all up to the discretion of the investigating officers.
The Florida agency that sets standards is FDLE, but it is up to each department to have a policy in place.
I'm not aware of any
laws that say 'Every firearms homicide must include a test for alcohol/drugs'.
Common sense implies that it would be a good thing to know if the shooter was impaired. And it is probably written down that the proper procedure is to test *suspects*.
But, according to the Sanford police, they decided early on that no crime had been committed. For what reasons, nobody there seems to want to say.
Maybe they've got some overwhelming piece of secret evidence that completely exonerates the shooter. Or maybe they just dropped the ball. Either way, they decided that Zimmerman was not a suspect in a crime.
And that's the problem. If they had simply held off on that declaration, they could have done a more thorough investigation.
Once they said that there wasn't enough PC to say that a crime had been committed, then there isn't enough PC to have Zimmerman tested. Free to go, means free to go.
When someone is in a car wreck, consent for a test has already been given. When a cop shoots someone, the conditions of the job allow mandatory testing.
But for an ordinary citizen,
who is not a suspect in a crime, such searches aren't part of the deal.