Bitemarks 343
aware of the evidence collection in advance. Also, during examination based
upon a search warrant of the body of the suspect, the defense counsel will not
be present. The police and prosecutor will draw up the warrant and present
it to the judge for his signature. The warrant will outline the details of the
crime and the areas of probable cause, circumstantial or otherwise, that may
link the suspect to the crime. The dental profile from a bitemark may be help-
ful in establishing probable cause. The execution of the warrant usually takes
place at a location that has a medical or dental facility, but may be done at any
location the authorities deem appropriate. It is most often done in the medi-
cal or dental clinic of a jail. The suspect may refuse to cooperate by refusing
to answer questions. He may refuse to open his mouth, object to the taking of
biological samples, and resist being photographed. This can be a real problem
if the warrant is not drawn up properly. It must contain language that will
allow the taking of the required evidence with the use of “reasonable force.”
In the case of Ted Bundy, who refused to cooperate, he was advised that force
would be used, including total anesthesia if necessary, and that he could be
injured during the process. After he saw the determination and size of the
guards he decided to cooperate. Despite the effectiveness of search warrants,
the majority of bitemark evidence is obtained following the issuance of a
court order. The court order stipulates the collection of the same evidence as
the search warrant. Probable cause is necessary for the prosecutor to obtain
a court order from the judge. The defense attorney, may, if he chooses, be in
attendance when the records are obtained and advise his client not to answer
any questions other than exactly what is spelled out in the order. The order
should contain the name of the defendant and the date, time, and place that
the evidence will be collected in general terms. It should name the forensic
odontologist who is to obtain the evidence and spell out in general terms the
items to be taken. These should include the dental history and oral exami-
nation, photographs, impressions, bite registrations, and where applicable,
any other biological evidence the state may request. Saliva, blood, hair, and
urine are taken by a lab technician or physician’s assistant. It is important
that the document includes the statement that “reasonable force” can be used
to obtain the necessary evidence. If omitted from the warrant or court order,
the defendant can refuse and cannot be forced to submit. His punishment for
refusal may be contempt of court and jail. If he is already in jail the order will
usually be reissued with the appropriate language.
A recom mended protocol when obt a i n i ng record s pu rsu a nt to a cou r t order
or search warrant is to document the identity of all persons present, photograph
the defendant with orientation images that picture him from head to toe, and
include images that show his full face as well as his teeth. A log should be kept of
the evidence and retained with the other evidence in your possession through-
out the analysis process and eventual court presentation. The documentation of
custody and recording of what, when, and who had possession of the evidence