Request By:
Mr. Marshall F. Dunkin, Jr.
Chief of Police
Mayfield Police Department
City Hall Building
Mayfield, Kentucky 42066
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter requesting an opinion as to whether the coroner has the right to come in on an investigation by the police department, handle the gun, and "interfere" with the police department's work prior to the department's completion of its investigation of the incident.
We first direct your attention to KRS 72.020(1) which provides:
"Any person finding or having in his possession the body of any person slain, drowned or otherwise suddenly killed, or whose death occurred from unnatural cause without the attendance of a physician, shall immediately notify the coroner, and shall not remove the body nor anything therefrom until directed to do so by the coroner or other authorized person."
Thus, any person, including a peace officer, who finds a dead person as described in the above quoted statutory provision must immediately notify the coroner and must not remove the body until directed to do so by the coroner or other authorized person. Any person who violates any of the provisions of KRS 72.020 shall be fined not less than ten nor more than one hundred dollars or be confined in jail for not less than ten nor more than fifty days or both. See KRS 72.990(1).
KRS 72.020(2) states:
"The coroner shall take possession of any objects or articles which, in his opinion, may be helpful in establishing the cause of death, and he can make or cause to be made such tests and examinations of said objects as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them, shall be retained by the coroner until their production in evidence is required by the prosecuting authority, unless otherwise directed by written order of the court in which such prosecution is pending."
KRS 72.030 deals with the coroner's inquest:
"The coroner, upon the request by any responsible citizen or if he has reason to believe the death of a human being within his county was caused by crime, suicide, drowning or other sudden cause, or death occurs in a correctional facility operated by state or local government in his county and such death appears to have been caused by crime, suicide, drowning or other sudden cause, or death occurs without the attendance of a physician within a period of time of thirty-six hours prior to death, shall investigate and hold an inquest in the county where death occurs. If death results from violence or accident within one hundred eighty days from the onset, the coroner shall hold an inquest the same as if death occurred immediately."
Under the statutes a person, including a peace officer, who finds the body of any person slain, drowned or otherwise suddenly killed, or whose death occurred from unnatural causes without the attendance of a physician, shall notify the coroner and shall not remove the body or pertinent evidence until and unless directed by the coroner or other authorized person. The coroner must then assume jurisdiction by going onto the scene and taking charge of any relevant objects or items of evidence bearing on the cause of death. In the event that a criminal prosecution arises, the coroner must retain the items of evidence he has gathered until required to produce them by the prosecuting authority, unless otherwise directed by written order of the court in which such prosecution is pending. KRS 72.030 requires that the coroner hold an inquest if he or a requesting responsible citizen has reason to believe the death of a human being was caused by crime, suicide, drowning or other sudden cause, or where death occurs without the attendance of a physician within thirty-six hours prior to death.
Even though representatives of the police department may arrive first at the location of the body of a person slain, drowned or otherwise suddenly killed or who died from an unnatural cause without the presence of a physician, the coroner must take over and assume the responsibilities imposed upon him by KRS 72.020 and 72.030. While the coroner in such death situations has priority over the police department, the obligation of the police officers to promote law enforcement is not suspended or terminated. The coroner should cooperate with the police department by allowing the police to examine evidence in the coroner's custody as may be appropriate. Copies of OAG's 72-131, 71-318, 74-688 and 73-402, concerning the coroner's authority, duties and responsibilities, are enclosed for your information and consideration.