342 Forensic dentistryhe or she be provided scene photographs, and often only the images of the pat-
terned injury from police or morgue photographs. It bears repeating that it is
imperative that the forensic odontologist strongly request scene photographs
and transcripts of the statements from the victim , medical care providers,
pathologists, medical examiners, and eyewitnesses whenever possible. He or
she should know the history and the circumstances of the event in order to
be able to complete the most accurate analysis of the evidence and formulate
the most accurate opinion. Analysis of a patterned injury without all of the
information greatly increases the possibility of errors. Bitemarks are not fin-
gerprints; bitemark analysis is not DNA analysis. Bitemarks are unique items
of physical evidence that should be handled differently from other forensic
evidence. Bitemarks are items of physical evidence that have unique forensic
value with the potential to include and exclude. This is a powerful tool in the
pursuit of truth and justice.
14.3.1.2 Evidence from Potential or Suspected Biters
The evidence required from a potential biter may include dental history and
examination, photographs, denta l impression, bite records, and biologica l ev i-
dence, including saliva samples. Again, the ABFO guidelines^35 and Bitemark
Evidence^36 give complete and detailed instructions on the protocols and pro-
cedures for collecting evidence.
14.3.1.2.1 Legal Considerations There are legal issues in obtaining dental
evidence from a suspect. Even though there may be voluntary consent, a
written , signed consent by the subject is strongly advised. The subject may
be a victim who bit a perpetrator of a crime or a suspected biter in a crime,
usually a rape, assault, or homicide. They may also be potential biters of other
material left or found at a crime scene. It is extremely important that the
investi gators, police, prosecutors, or crime scene technicians know in advance
of the potential of a person changing his or her teeth if made aware that there
is a possibility that teeth can be associated to a bitemark. Consequently, the
subject (suspected biter) should be “kept in the dark” until such time as steps
to legally collect dental information have been satisfied. A suspect in a violent
crime, especially in a homicide, will not be inclined to give dental evidence
voluntarily. The legal process begins with probable cause, and here the dental
profile of the biter from the bitemark or bite wound may assist police, pros-
ecutors, and judges to satisfy the legal requirement to obtain a warrant or
court order to obtain the dental evidence.
A search warrant is most often used for the search of the physical prop-
erty of a suspect, such as his house, car, or computer, but can also be used
to obtain dental evidence in a bitemark case. A search warrant has certain
advantages over the court order to obtain dental evidence. With a search
warrant the suspect and his or her defense attorneys are not necessarily made