Houston police put an end to the use of Whataburger tents as crime scene markers

HPD has put an end to the use of Whataburger tents as crime scene markers, although a spokeswoman said the widely publicized practice only happened once. HPD has put an end to the use of Whataburger tents as crime scene markers, although a spokeswoman said the widely publicized practice only happened once. Photo: Google Images Photo: Google Images Image 1 of / 26 Caption Close Houston police put an end to the use of Whataburger tents as crime scene markers 1 / 26 Back to Gallery

That most Texas of crime scene spottings - the Whataburger evidence marker - is officially a thing of the past.

Even before the Wall Street Journal turned its gaze to the Houston Police Department's occasional use of the kitschy orange tents at crime scenes, HPD brass had already put the kibosh on the practice, the Houston Chronicle learned Monday.

"We got a lot of concerns as to whether Whataburger was endorsing us or whether we were endorsing Whataburger and whether they were a sponsor of the police department," HPD spokeswoman Jodi Silva said.

TENT THIEVES: You're not a true Texan unless you take a Whataburger number

Sadly, the beloved fast food establishment is not a sponsor of Houston police, so no free fries with that speeding ticket.



Although at least one older image of Whataburger numbers at a Houston-area crime scene is circulating online, the one that sparked concerns was a March homicide on West Little York. Essence Derouen, a young mother friends described as the "life of the party," was shot to death in her car on the way home from a club - and police needed to mark the evidence.

Typically, Silva said, police would wait for Crime Scene Units with the Houston Forensic Center to come put out evidence markers. But sometimes, officers want to make sure nothing gets kicked or ignored or drenched in rain, so they improvise with whatever's handy.

And in the case of the West Little York shooting, there was a Whataburger nearby.

"We became aware when it first happened because people called and asked if Whataburger was sponsoring us now and we took action immediately to let the people on the scene know not to do that again," Silva said. Patrol captains sent out a directive to officers ordering them not to use marked items with visible brand names. Thus no Starbucks cups or Wendy's bags - but also no Whataburger tents.

"I think somebody was very well-intentioned when they did it," Silva said, adding that it seemed to be a one-time thing.

But aside from the branding snafu, using the tiny tents posed another slight problem: In Texas, it's a virtually a crime to waste Whataburger. And the Houston Police Department is mindful of that.

"Obviously, we don't want to waste their resources," Silva said.

WHATACRIME: Armed robbers target NW Houston Whataburger, make off with cash after police chase

Even though the directive brought an end to the era of Whataburger evidence markers, it didn't nix all crime scene creativity.

Footage of a Midtown crime scene over the weekend appeared to show clear plastic cups and possibly a take-out container in use as evidence markers.

That might seems like a surefire sign of an evidence marker shortage, but Silva said that's not the case.

Houston police don't carry the markers, because it's not their job to mark and process evidence. That task falls to the Houston Forensic Center's appropriately trained Crime Scene Units.

But typically it's patrol officers who are first at the scene. Then, they call in homicide investigators and eventually CSU. In the meantime, police may mark certain evidence that seems likely to get kicked or use cups to protect evidence likely to get rained on.

Whataburger did not offer comment Monday on the use of its tents at crime scenes, and police couldn't offer clarification as to what happens after the tents are used to mark evidence. Are they returned to use? Do police keep them? It wasn't immediately clear.

But nabbing Whataburger tents is such a popular activity that it sparked the Wall Street Journal coverage last month.

So did police steal the orange tents used in the March crime scene?

"No," Silva said with a laugh. "I don't believe we did."