Spoliation of Evidence: A Fire Scene Dilemma
by Guy E. Burnette, Jr., Esquire
Introduction
The term "spoliation" refers to the loss, destruction or alteration of an object which is evidence (or potential evidence) in a legal proceeding. It is a concept first recognized by courts in England more than a century ago which has only recently taken on significance in this country. However, it is an issue of particular importance to the field of fire investigation and will likely become increasingly significant as courts are called to decide the consequences of lost or altered physical evidence in fire litigation cases.