Property & Evidence Inventories, Examinations & Inspections

1. Property & EvidenceInventories, Examinations & Inspections CFA Chapters 27 and 28 Chief Doug Robertson –Retired Cynthia Pugsley Accreditation Manager Accreditation Manager Wilton Manors Police University of Central Florida Police

2. CFA Standards 27.13 & 28.02 A written directive states property custodians are accountable for all property within their control, and addresses the following:A. An annual examination of conformance with agency controls, policies and procedures, of the evidence function, is conducted by a member not routinely or directly connected with control of evidence;B. An unannounced inspection, which consists of a review of evidence storage areas for organization and orderliness, is conducted as directed by the agency's CEO;C. An annual inventory, which consists of a full or partial accounting, as defined by the agency, of evidence is conducted by the evidence custodian or designee and a designee of the CEO not routinely or directly connected with control of evidence;-D. Follow-up investigative procedures for lost, missing, or stolen evidence;

3. Why Examine, Inspect & Inventory? https://www.youtube.com/watch?v=dqVTZpxGSx4

4. Bullet A Annual Examinations An annual examination of conformance with agency controls, policies and procedures, of the evidence function, is conducted by a member not routinely or directly connected with control of evidence;

5. Examination CFA has not adopted an official definition of the term Webster defines the term as: a detailed inspection or investigation. CFA changed from “AUDIT” to EXAMINATION in February 2017

6. Examination

7. Examination

8. Buck Savage Method Saw Evidence, Examined Same.

10. Examination Review of Visitor/Access Control LogsVerify “WHO” has access.Examine Access Systems such as proximity card readers, keys, PIN pads for proper functionalityInterviews with Custodian(s)Analysis of safeguards for high liability items

11. Check for C0-Mingled Evidence Analysis of safeguards for high liability items

12. Examination Examine random vouchers/property receipts for proper completion. Does the voucher illustrate that the evidence was placed under the evidence function before the officer's tour of duty ends? Does the voucher reflect that the items were logged into agency records within a specified timeframe by the custodian?

13. Examination Conduct a visual examination on a random sample of evidence items on-hand.Check for packaging integrityCheck for proper quantity & Proper Weight. • Look for Policy Contradictions or Conflicts

14. Examination Property cleared for destruction or purging is more susceptible to tampering or theft. Why do you think that is?High value property cleared for destruction should be stored separately.Not a CFA requirement but a generally accepted best practice.Utilize the “Rule of Two” to secure the items until destruction

15. Rule of 2

16. Tampered Packaging

17. Tampered Packaging

18. Your Report Document your Observations & Findings Make Recommendations for Corrective Actions Cite Specific Items examined Praise if Appropriate – Criticize Constructively Document Interviews

19. Unannounced Inspections 27.13 & 28.02 Bullet B - An unannounced inspection, which consists of a review of evidence storage areas for organization and orderliness, is conducted as directed by the agency's CEO Unlike Examinations and Inventories there is NO ANNUAL requirement. Best Practices dictate Announced Inspections should be done periodically throughout the year.

20. Unannounced Inspections Webster’s Definition Checking or testing of someone or something against established standards CFA Definition The act or process of examining or looking at carefully.

21. Unannounced Inspections Key Word UNANNOUNCED!

22. Unannounced Inspections

23. Access Control System • In-Use & Functioning • Visitor/Access Logs • Properly Completed and Retained • CCTV/Alarms if any • Functional, Tested and Maintained Unannounced Inspections

24. Additional Security for High Liability • Properly Secured • General Condition of Office and Storage areas • Neat, Clean & Orderly • Refrigeration properly working. Temperatures correct • Adequate supplies for packaging. Unannounced Inspections

25. DOCUMENT YOUR FINDINGS SHARE YOUR FINDINGS WITH ALL INVOLVED

26. INVENTORIES 27.13 & 28.02 Bullet C. An annual inventory, which consists of a full or partial accounting, as defined by the agency, of evidence is conducted by the evidence custodian or designee and a designee of the CEO not routinely or directly connected with control of evidence.

27. INVENTORIES Webster Definition A complete list of items such as property, goods in stock, or the contents of a building. CFA Definition Annual Inventory The act or process of cataloging through a full accounting of the quantity of goods or materials on hand, unless a standard specifically allows for a partial accounting occurring once every 12 months.

28. INVENTORIES Back in the day we tracked evidence in a notebook, a column pad or even a hand written spreadsheet. Vouchers were hand written and copies maintained in a file as well as attached to the evidence. Inventories were long arduous process. Accuracy was questionable. But today we have computers.

29. INVENTORIES Currently CFA does not have a mandatory amount or percentage of what an inventory must contain. Only that your policy for inventory must specify amounts or percentages. Changes could be coming. Remember the Statistically Significant discussions? Your inventory must be realistic. If you have 10,000 items on-hand, then 10% is NOT going to provide an accurate picture.

30. INVENTORIES To be statistically accurate you first need to know how much STUFF you have in your property room. Most property room software has an inventory report feature.

31. INVENTORIES In this case we have 11,170 pieces of evidence currently on-hand. This is only the first page of the inventory report

32. INVENTORIES Some software packages include a random percentage report function.

33. INVENTORIES Be certain that your policy calls for a realistic inventory amount or percentage. Acceptable Policy Example: An annual inventory of evidence and property which consists of a partial accounting consisting of at a minimum 10% of the general property and 100% of all high liability items currently in the departments possession, Why is this acceptable? In this agency’s case the majority of the evidence on hand consisted of high liability items. Narcotics, Cash, Firearms, Jewelry and other valuables.

34. INVENTORIES • You can use sampling to determine the amount of items to be inventoried. • And yes, there is an app for that! • http://www.raosoft.com/samplesize.html • https://www.surveysystem.com/sscalc.htm • Caution: Sampling CAN be very complex depending on how many different criteria (strata) you may have. If not done correctly it will give you a false picture and a inaccurate inventory • OR

35. INVENTORIES • There is a chart available. • Always round-up your population size when using this chart. • If you have 4700 items, Round that up to 5000 in which case your sample size would be 1176 with a margin of error of +/- 2.5%

36. INVENTORIES • Document your work • Include the total population of your evidence storage area. • If you sampled, then include the sample size and your margin of error. • Show back up detail • Identify Discrepancies • Require Follow-Up

37. Inspection, Examination & Inventory Pitfalls Examinations & Inventories are required by CFA to be conducted annually. Once every 12 months.Evidence & Property Inspections, Examinations and Inventories MUST be documented separately. You may combine the two into a single document however: Make sure the report has separate sections for 27.13 and ONLY contain evidentiary items.Make sure the report has separate sections for 28.02 and ONLY contain property items.

38. Inspection, Examination & Inventory Pitfalls Provide detailed and comprehensive reports Be prepared to explain your methodology Insure discrepancies are fully investigated and resolved. Be sure inventories, inspections and examinations are conducted by a “qualified” individual not routinely or directly connected with control of evidence.

39. Purging 27.13 M A written directive states evidence custodians are accountable for all evidence within their control, and addresses the following: Bullet E: Purging by lawful methods.

40. Lawful Methods FL AG Advisory Legal Opinion – INFORMALAugust 24, 2011The retention of evidence is not governed by statute or rule, the determination of how long to keep evidence appears to one that must be made by the agency itself, after taking into consideration the factors relevant to the particular case.The disposition of evidence not constituting a public record within the meaning of Chapter 119, Florida Statutes, would appear to be dependent upon an agency's determination that it is no longer needed.For evidence that constitutes a public record within the meaning of Chapter 119, Florida Statutes, section 257.36(6), Florida Statutes, states that a "public record may be destroyed or otherwise disposed of only in accordance with retention schedules established.

41. FS 705.105 Procedure regarding unclaimed evidence. Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days AFTER THE CONCLUSION OF THE PROCEEDING. • If the property is of appreciable value, the agency may elect to: • 1. Retain the property for the agency’s own use; • 2. Transfer the property to another unit of state or local government; • 3. Donate the property to a charitable organization; • 4. Sell the property at public sale, pursuant to the provisions of s. 705.103. • (b) If the property is not of appreciable value, the law enforcement agency may elect to destroy it.

42. Purging-Best Practices Evidence Confer with your State Attorney BEFORE disposal Review FS 775.15 Time limitations Open cases with no arrest; Confer with the investigating officer for current status.

43. Purging-Best Practices Found Property Found property must be held for a minimum of ninety (90) calendar days as required by FSS 705.103. Property valued less than $100.00, fair market value, a public listing will be posted advertising the property as found or abandoned. Property valued greater than $100.00, fair market value, the property will then be advertised for two (2) consecutive weeks in a newspaper of general circulation, during the ninety (90) day period.

44. Purging-Best Practices At the completion of the ninety (90) days, there will be a ten (10) day waiting period for the owner(s) to claim their property. After the ten (10) day period, a letter will be mailed to the finder/reporting person. Finder/reporting person(s) shall be given ten (10) calendar days to claim their property. If no reply or claim is received after this time period, the property will be considered abandoned, and will be disposed of per FSS 705.103.

45. Contact Info Doug Robertson Wilton Manors Police Broward County Florida 954-390-2106 –Office 954-826-1641 – Cell E-mail- Drobertson@wmpd.org Cynthia Pugsley University of Central Florida 4000 Central Florida BoulevardOrlando, FL 32816 407-823-1891 cynthia.pugsley@ucf.edu