CMI Evidence Collection & Forensic Analysis 4

Question 1

When a marine investigator identifies a potential piece of evidence that may be subject to spoliation by vessel salvors, what immediate legal remedy is available?

Accepted Answer

Seek a federal court preservation order or litigation hold directing parties to preserve the evidence

Answer

A federal preservation order legally compels parties to prevent destruction or alteration of evidence and can be obtained on an emergency basis when spoliation is imminent.

Question 2

A toxicology screen on a helmsman involved in a grounding returns a positive result for a prescription sedative. What additional information is critical before drawing investigative conclusions?

Accepted Answer

The therapeutic dose range, impairing dose, the detected blood concentration level, and whether the medication was prescribed

Answer

A positive result alone is insufficient — the dose-response relationship, the detected concentration relative to therapeutic and impairing levels, and prescription status determine actual impairment.

Question 3

In a marine explosion investigation, investigators recover fragments of a suspected improvised device. What is the correct protocol for handling these materials?

Accepted Answer

Do not disturb the scene — secure the area and request ATF/FBI explosive ordnance disposal specialists before collection

Answer

Suspected explosive device components may contain live ordnance; EOD specialists must clear the scene before investigators collect any physical evidence.

Question 4

What does the term 'spoliation of evidence' mean in the context of a marine casualty investigation?

Accepted Answer

The intentional or negligent destruction, alteration, or concealment of evidence relevant to a legal proceeding

Answer

Spoliation refers to the improper destruction or alteration of evidence, which can result in adverse inference instructions against the responsible party in litigation.

Question 5

A vessel grounded on a charted reef that was correctly marked on current charts. Which navigational evidence would be most relevant to establishing crew negligence?

Accepted Answer

The electronic chart system (ECDIS) audit trail showing acknowledged navigation alerts and the officer's plotting decisions in the hours before grounding

Answer

The ECDIS audit trail records alarm acknowledgments, route deviations, and operator inputs, directly revealing whether the officer received and ignored navigational warnings.

(CMI) Certified Marine Investigator Practice Test

(CMI) Certified Marine Investigator Practice Test

CMI Evidence Collection & Forensic Analysis 4