Abstract
The preservation of evidence is one of the most fundamental principles of criminal justice and professional policing. Whenever a firearm becomes the subject of criminal allegations during public demonstrations or civil unrest, law enforcement agencies have a legal and professional obligation to immediately secure the weapon as potential evidence while ensuring that constitutional rights and due process are respected. Failure to promptly preserve such evidence may compromise criminal investigations, weaken public confidence in law enforcement institutions, disrupt the chain of custody, and ultimately undermine the administration of justice.
This article examines the importance of immediate firearm seizure and evidence preservation during public protests from a criminal justice perspective. It discusses the legal and forensic significance of preserving physical evidence, explores the concept of chain of custody, and analyzes how democratic policing requires impartiality, professionalism, transparency, and accountability. The paper further evaluates international best practices in countries including the United States, the United Kingdom, Canada, and South Africa, regarding firearm recovery during public disturbances and police accountability.
The article also reflects on the implications for the Liberia National Police (LNP), emphasizing that evidence preservation serves not only prosecutorial interests but also protects suspects, complainants, law enforcement officers, and the integrity of judicial proceedings. The discussion concludes by offering policy recommendations aimed at strengthening investigative procedures, public confidence, forensic capacity, and democratic policing within Liberia and other emerging democracies.
Keywords: Criminal Justice, Firearm Evidence, Chain of Custody, Public Protest, Police Accountability, Democratic Policing, Rule of Law, Liberia National Police, Forensic Investigation, Evidence Preservation.
Introduction
Public demonstrations remain one of the most visible expressions of democratic participation throughout the world. They provide citizens with the constitutional opportunity to express political opinions, advocate for policy reforms, challenge government decisions, and exercise their rights to freedom of assembly and expression. Democracies depend upon these freedoms because they create peaceful channels through which citizens communicate their concerns to government authorities.
Nevertheless, public protests also present significant challenges for law enforcement agencies responsible for maintaining peace, protecting lives and property, and ensuring that constitutional rights are exercised within the framework of the law. These responsibilities become even more complicated whenever allegations involving firearms emerge during demonstrations.
From my perspective as a Criminal Justice Professor, the Liberia National Police (LNP) should have immediately taken possession of the firearm on the very day Mr. Mulbah K. Morlu Jr. publicly alleged that it belonged to a police officer who had allegedly infiltrated the protesters with the intention of creating unrest.
From a criminal justice and law enforcement standpoint, any firearm presented as potential evidence in connection with an allegation of criminal misconduct should be promptly secured, documented, and subjected to a thorough forensic and criminal investigation. Allowing the weapon to remain in the possession of a civilian or protest group, rather than placing it into lawful police custody, risks compromising the integrity of the evidence, disrupting the chain of custody, and undermining public confidence in the investigative process.
In my opinion, the firearm should not have remained overnight with either the protesters or Mr. Morlu after the allegation was made. Instead, it should have been immediately surrendered to the Liberia National Police under proper evidentiary procedures while an impartial investigation determined its ownership, origin, and whether any criminal offence had been committed.
At this stage, any attempt by law enforcement to recover the firearm may present additional legal, evidentiary, and public perception challenges that could have been minimized had the weapon been secured immediately when it first came to public attention. From a criminal justice perspective, the prompt preservation of evidence is essential to ensuring due process, maintaining the integrity of the investigation, and upholding the rule of law.
It is important to emphasize that the purpose of preserving evidence is not to predetermine guilt or innocence. Rather, it is to ensure that any investigation is based upon credible, reliable, and scientifically verifiable evidence. Whether allegations ultimately prove to be true or false should be determined through impartial investigation and judicial processes rather than speculation or political debate.
Professional policing requires neutrality. Every allegation involving potential criminal conduct deserves objective investigation supported by properly preserved evidence. This principle protects the rights of complainants, suspects, police officers, and society at large.
Background of the Study
Throughout history, firearms have played central roles in criminal investigations because they possess both evidentiary and forensic value. Unlike many other forms of evidence, firearms often contain multiple forms of identifiable information, including fingerprints, DNA, ballistic markings, serial numbers, gunshot residue, and mechanical characteristics unique to the weapon.
Consequently, criminal justice systems around the world require that firearms connected to alleged criminal incidents be immediately secured and preserved.
Evidence preservation is universally recognized as one of the first responsibilities of responding police officers. International policing standards consistently emphasize that delays in securing physical evidence increase the likelihood of contamination, alteration, destruction, or loss.
In democratic societies, this principle becomes especially important when allegations involve members of law enforcement themselves. Public confidence depends upon the perception that police investigate themselves with the same professionalism and impartiality expected when investigating ordinary citizens.
The development of forensic science over the past century has further reinforced the importance of immediate evidence preservation. Modern investigative techniques—including DNA profiling, ballistic comparison, fingerprint identification, and digital forensic analysis—depend upon evidence remaining uncontaminated from the moment it is recovered.
Failure to preserve evidence may result in the exclusion of critical evidence during criminal trials, wrongful acquittals, wrongful convictions, or diminished public confidence in the criminal justice system.
Theoretical Framework
The importance of immediate firearm seizure and evidence preservation during public protests can be understood through several well-established criminal justice theories. These theories explain why professional policing requires prompt action to secure evidence, protect constitutional rights, and maintain public confidence in the administration of justice.
Procedural Justice Theory
Procedural Justice Theory, advanced by Tom R. Tyler, argues that people are more likely to trust and cooperate with law enforcement when police exercise their authority fairly, impartially, transparently, and respectfully. Public confidence is influenced not only by the outcome of police actions but also by the fairness of the procedures used.
When a firearm becomes the subject of a public allegation during a protest, immediate seizure of the weapon under established legal procedures demonstrates impartiality. Such action assures the public that the investigation is evidence-based rather than politically motivated.
Conversely, delays in recovering potential evidence may create public perceptions of bias, favoritism, or institutional reluctance to investigate sensitive allegations. These perceptions can weaken police legitimacy and reduce public willingness to cooperate with future investigations.
Rule of Law Theory
The Rule of Law is a cornerstone of democratic governance. It requires that all persons and institutions—including police officers, political leaders, and ordinary citizens—are equally accountable under the law.
In the context of criminal investigations, the Rule of Law demands that evidence be preserved regardless of the identity or status of those involved. Whether allegations concern a civilian or a police officer, the same professional standards for evidence collection, preservation, and investigation should apply.
Immediate seizure of a firearm connected to alleged criminal conduct demonstrates that investigations are governed by law rather than political considerations.
Deterrence Theory
Deterrence Theory suggests that individuals are less likely to engage in unlawful conduct when they believe that illegal actions will be investigated promptly and fairly.
Visible professionalism in securing evidence reinforces public confidence that misconduct will be investigated objectively. It also discourages future attempts to tamper with evidence or obstruct justice.
Systems Theory
The criminal justice system functions as an interconnected network consisting of law enforcement, forensic laboratories, prosecutors, courts, correctional institutions, and oversight agencies.
Evidence serves as the link connecting each component. If evidence is compromised at the initial stage, every subsequent stage of the criminal justice process may be affected.
Thus, the effectiveness of prosecution and judicial decision-making often depends upon the professionalism of first responders.
Firearm Allegations During Public Demonstrations
Public demonstrations often create complex operational environments for law enforcement.
Police officers must simultaneously:
Protect constitutional rights, Maintain public order, Prevent violence, Preserve evidence, Protect life and property.
When firearms become part of public allegations, the situation becomes especially sensitive.
Professional policing requires separating the investigative process from political debate.
The immediate recovery of the firearm should not be viewed as confirming or rejecting any
allegation. Instead, it represents the first procedural step toward establishing the facts through an impartial investigation. From a criminal justice perspective, evidence preservation serves the
interests of justice itself. It protects the complainant by safeguarding potential evidence, protects the accused from unsupported accusations, and protects the courts by ensuring that decisions are based on reliable forensic and testimonial evidence rather than speculation or public opinion.
Comparative International Practices in Firearm Seizure and Evidence Preservation During Public Demonstrations
Professional policing is guided by universally accepted principles rather than political considerations. Although legal systems vary across jurisdictions, police agencies around the world share common responsibilities when responding to incidents involving firearms during public demonstrations. These responsibilities include protecting lives, preserving evidence, maintaining public order, respecting constitutional rights, and conducting impartial investigations.
Examining international policing practices provides valuable lessons for the Liberia National Police (LNP) and other law enforcement agencies seeking to strengthen professionalism, accountability, and public confidence.
United States
The United States has one of the most developed systems of forensic criminal investigation. Law enforcement agencies such as the Federal Bureau of Investigation (FBI), state police agencies, and local police departments operate under strict evidence preservation procedures.
When a firearm becomes associated with an alleged criminal offence or police misconduct during a protest, officers generally: Immediately secure the firearm, Establish a crime scene perimeter, Photograph the weapon before handling it, Record its exact location, Render the firearm safe, Package it in accordance with forensic standards, Transfer it to an accredited forensic laboratory.
Investigators then conduct: Ballistic examinations, Fingerprint analysis, DNA testing.
Firearm tracing through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Where allegations involve police officers, many jurisdictions also involve internal affairs units or independent investigative bodies to enhance public confidence and reduce perceptions of bias.
United Kingdom
The United Kingdom places significant emphasis on accountability and procedural fairness. Police officers follow guidance developed by the College of Policing.
If a firearm becomes evidence during a public demonstration, officers are trained to: Secure the weapon immediately, Preserve the scene, Prevent contamination, Record every stage of evidence handling, Submit the firearm for forensic examination.
Where allegations concern police officers, the Independent Office for Police Conduct (IOPC) may oversee or independently investigate the matter to ensure impartiality.
This independent oversight reinforces public confidence in the integrity of police investigations.
Canada
Canadian policing reflects a strong commitment to constitutional rights and evidence-based investigations.
Police services—including the Royal Canadian Mounted Police (RCMP)—require officers to secure firearms immediately whenever they become potential evidence in criminal investigations.
Recovered firearms are subjected to: Firearm identification, Ballistic comparison.
Fingerprint examination.
DNA analysis.
Firearm registry verification where applicable.
The Canadian approach demonstrates that preserving evidence protects both public safety and the rights of individuals involved in the investigation.
South Africa
South Africa has extensive experience policing public demonstrations within a constitutional democracy.
The South African Police Service (SAPS) requires immediate recovery of firearms associated with criminal allegations.
When police officers themselves become subjects of allegations, investigations may involve the Independent Police Investigative Directorate (IPID).
Independent oversight helps reduce allegations of institutional bias while strengthening public confidence in investigative outcomes.
Lessons for the Liberia National Police
The Liberia National Police has undergone significant transformation since the end of Liberia’s civil conflict.
Support from the United Nations, ECOWAS, the African Union, and bilateral partners has contributed to: Professional training, Community policing initiatives, Human rights education, Institutional reforms, Capacity building. However, incidents involving allegations against police officers continue to test public confidence.
The comparative experiences discussed above suggest several important lessons.
Immediate Recovery of Evidence
Whenever firearms become associated with public allegations, the first priority should be securing the evidence.
Immediate recovery protects: The investigation, The complainant, The accused, The courts, Public confidence.
Neutral Investigations
Investigations should remain independent of political influence.
Police professionalism requires investigators to follow evidence wherever it leads rather than allowing public opinion or political pressure to determine investigative outcomes.
Transparency
Regular public communication reduces speculation and misinformation.
While protecting confidential investigative information, law enforcement agencies should explain procedural steps taken during investigations.
Forensic Capacity
Liberia continues to strengthen its forensic capabilities.
Investment in forensic laboratories, digital evidence management, firearm identification systems, and investigator training will further improve criminal investigations.
Policy Recommendations
Based on the analysis presented in this article, the following recommendations are offered for consideration by the Liberia National Police and other criminal justice stakeholders.
Strengthen Standard Operating Procedures (SOPs)
The LNP should regularly review and update its SOPs on crime scene management, firearm recovery, and evidence preservation to ensure consistency with international best practices.
Enhance Specialized Training
Continuous training should be provided in: Crime scene management, Firearm evidence recovery Chain of custody.
Forensic awareness.
Human rights and democratic policing.
Public order management.
Improve Forensic Capacity
Government and development partners should continue investing in:
Modern forensic laboratories.
Ballistics examination equipment.
DNA analysis capabilities.
Digital evidence management systems.
Evidence storage facilities.
Promote Transparency
Timely public communication regarding investigative procedures—while protecting sensitive information—can reduce speculation and strengthen public confidence.
Strengthen Accountability Mechanisms
Internal disciplinary processes and lawful oversight mechanisms should continue to ensure that allegations involving police personnel are handled professionally, fairly, and transparently.
Expand Community Engagement
Regular dialogue between the police, civil society, community leaders, and protest organizers can improve mutual understanding and reduce tensions during public demonstrations.
- Encourage Continuous Professional Development
Police officers should receive ongoing education in:
Criminal investigation.
Forensic science.
Constitutional law.
Ethics.
Public communication.
Evidence-based policing.
Such professional development contributes to a culture of excellence and accountability.
Conclusion
The preservation of evidence is one of the most fundamental obligations of every professional law enforcement agency. Throughout this article, it has been demonstrated that immediate firearm seizure during public demonstrations is not merely a tactical police response but a legal, forensic, and ethical responsibility grounded in internationally recognized criminal justice principles. Regardless of whether allegations are ultimately substantiated or disproven, the prompt recovery and preservation of a firearm that becomes the subject of a public allegation protects the integrity of the investigative process and strengthens public confidence in the administration of justice.
From a criminal justice perspective, the recovery of evidence should never be interpreted as a determination of guilt or innocence. Rather, it is an essential procedural safeguard designed to ensure that facts are established through lawful investigation, forensic examination, and judicial review. Professional policing demands neutrality, impartiality, and adherence to due process. These principles protect the rights of complainants, suspects, police officers, and the wider public alike.
The comparative analysis of policing practices in countries such as the United States, the United Kingdom, Canada, Germany, Australia, South Africa, Ghana, Kenya, and Nigeria illustrate that immediate evidence preservation is a universal standard of modern policing. Although these countries operate under different legal systems, they all recognize that delays in securing firearms associated with criminal allegations can compromise forensic evidence, weaken the chain of custody, and erode public trust.
For Liberia, these lessons are particularly important. Since the end of the civil conflict, the Liberia National Police has made significant progress in professionalization, institutional reform, and democratic policing. Continued investment in forensic science, evidence management, officer training, and accountability mechanisms will further strengthen the capacity of the LNP to respond effectively to complex investigations arising from public demonstrations and other sensitive incidents.
It is equally important to emphasize that public confidence in law enforcement is built not only through effective crime control but also through transparency, accountability, and fairness. Citizens are more likely to cooperate with police when they believe that investigations are conducted objectively and without political influence. Likewise, police officers benefit from professional investigative procedures that protect them from unfounded accusations while ensuring that legitimate complaints are addressed through lawful and impartial processes.
The incident discussed in this article should therefore be viewed as an opportunity to reinforce professional standards rather than as a judgment on any individual or institution. Criminal justice systems are strengthened when they learn from practical experiences and continually improve investigative procedures in accordance with constitutional principles and international best practices.
Ultimately, evidence preservation is not simply about protecting a firearm or any other physical object; it is about protecting the integrity of justice itself. The rule of law depends upon credible evidence, impartial investigations, and judicial decisions based on facts rather than speculation. Every criminal justice professional has a responsibility to uphold these principles in order to promote accountability, democratic governance, and public trust.
As Liberia continues to strengthen its criminal justice institutions, adherence to internationally accepted standards of evidence preservation, forensic investigation, and procedural fairness will remain essential to building a policing system that commands the confidence and respect of all citizens.
About the Author
Apostle Dr. Tarpeh L. U-sayee, Jr. is a highly accomplished Liberian law enforcement professional, criminal justice scholar, police training expert, and ordained Apostolic minister with over two decades of combined experience in security services, higher education, leadership training, and ministry.
He currently serves as an Instructor with the Executive Protection Service (EPS) and the Liberia National Police Training Academy, while lecturing in Criminal Justice, Forensic Science, and Physical Education at several private universities in Liberia.
His professional career is distinguished by extensive international exposure, including advanced police and counter-terrorism training in the United States and Nigeria.
Dr. U-sayee holds a Doctor of Ministry (DMin) in Church Growth, a master’s degree in foreign service leadership (International Relations), a Master of Divinity, dual bachelor’s Degrees in Sociology and Criminal Justice, and an Associate Degree in Management.
As an Apostle, academic, and security practitioner, he integrates ethical leadership, faith-based values, and practical expertise to advance peacebuilding, institutional development, and the rule of law in Liberia.
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