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Evidence 101

Evidence 101. Presented by Bob Huestis-Lakewood PD Tony Wilbon-Aurora PD. Introduction . We will examine what evidence is We will learn how to properly book, package and document property . Agenda. Accreditation Standards Policies and Procedures Legal Issues in Property Management

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Evidence 101

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  1. Evidence 101 Presented by Bob Huestis-Lakewood PD Tony Wilbon-Aurora PD

  2. Introduction • We will examine what evidence is • We will learn how to properly book, package and document property

  3. Agenda • Accreditation Standards • Policies and Procedures • Legal Issues in Property Management • A View of Lakewood and Aurora Evidence rooms

  4. Purse Cash Legal Issues Property is held in Police Custody for 4 Reasons: • The investigation of a crime • Recovery of lost or stolen items • Safekeeping and return to owner • Abandonment by the owner Guns Coat Fiber Drug

  5. Evidence Evidence is property that has significance as a means of determining the truth as an alleged matter of fact.

  6. PROPERTY Property is everything that is subject to ownership, not coming under the denomination of real property. Police custody of property implies a responsibility on the part of the police agency, to care, preserve, and secure the property while it is under our control. Possession of property gives the police agency only temporary rights to that property.

  7. FOUND PROPERTY Most found property is non-evidentiary. Found property is held for 30 up to 60 days or until ownership can be determined. All non-evidence must be authorized for release when booked. A finder may claim finders rights for any unclaimed property which is not contraband or potentially dangerous in nature.

  8. Chain of Custody The chain of custody is necessary in order to establish the legal sufficiency of evidence once it has come into the custody of the police agency. That is to say that the evidence has not been lost, that no tampering of the evidence has occurred, and the evidence has not been contaminated, either by other evidence stored nearby, or the container in which the evidence is stored.

  9. Maintaining the Chain of Custody The number of persons handling evidence from the time it is secured should be limited. Individuals who handle the evidence should affix their names and badge numbers on the seals to the package containing the evidence and the chain of custody sign in and out form/log.

  10. BOOKING PROPERTY • Policies and Procedures • Packaging • Evidence Seals • Securing Evidence • Documentation

  11. Legal Requirements • The property control system must meet all legal requirements. These include federal, state, and local laws and ordinances. These statutes and ordinances very often dictate the methods and procedures for handling, storage and disposal of property.

  12. Policies and Procedures for booking are available for reference in the work area.

  13. Property Technicians will assist you with property booking questions.

  14. Money

  15. Incorrectly booked property will be held in the locker for you until you respond to make corrections.

  16. Packaging and handling of evidence

  17. V. PACKAGING AND HANDLING OF EVIDENCE • A. EVIDENCE ASSOCIATED WITH ANY CRIME CAN BE SO VARIED IN TYPE, PHYSICAL STRUCTURE, ETC, AND IT IS SO SUSCEPTIBLE TO CHANGE THAT NO SET OF STANDARD RULES OR PROCEDURES CAN ADEQUATELY DESCRIBE HOW EACH AND EVERY ITEM SHOULD BE PACKAGED AND SUBMITTED.

  18. B. FAILURE TO COLLECT AND PROPERLY PACKAGE OR PRESERVE YOUR EVIDENCE CAN SOMETIMES AFFECT THE OUTCOME OF YOUR CASE.

  19. C. EVIDENCE MATERIAL SHOULD BE PACKAGED, STORED AND PRESERVED IN THE SAME CONDITION IN WHICH IT IS FOUND IN ORDER TO MAINTAIN ITS EVIDENTIARY PROPERTIES.

  20. D. EVIDENCE MUST BE PACKAGED AND TREATED IN A MANNER THAT WILL REDUCE TO A MINIMUM ANY INFLUENCE WHICH THREATENS ITS EVIDENTIAL VALUE. • E. WHEN SELECTING CONTAINERS FOR PACKAGING, CERTAIN FACTORS SHOULD BE CONSIDERED

  21. CLEANLINESS OF YOUR CONTAINERS • CONTAINERS OF A SUFFICIENT SIZE FOR THE EVIDENCE. • THE CORRECT CONTAINER FOR THE EVIDENCE,E.G, PLASTIC, PAPER, ETC. • STORAGE OF LIQUID SAMPLES SHOULD BE SUBMITTED IN A PLASTIC BOTTLE ENCLOSED IN A PLASTIC BAG, SEALED IN AN EVIDENCE ENVELOPE/ BAG. • EACH EVIDENCE PACKAGE SHOULD BE PROPERLY LABELED FOR IDENTIFICATION.

  22. VI. PROPERTY TAG • A. PROPERTY TOO LARGE FOR AN EVIDENCE ENVELOPE MUST HAVE AN ATTACHED PROPERTY TAG. • B. THE SAME PERTINENT INFORMATION THAT IS ON THE PROPERTY REPORT MUST ALSO BE FILLED OUT ON THE ATTACHED PROPERTY TAG. • C. THE EVIDENCE ENVELOPES, PROPERTY TAGS AND THE PROPERTY REPORT FORMS ARE THE SOURCE DOCUMENTS FOR ALL PROPERTY HELD BY THE PROPERTY SECTION.

  23. Special handling for controlled substances

  24. VIII. SPECIAL HANDLING FOR CONTROLLED SUBSTANCES • A. EVIDENCE IN THE FORM OF A CONTROLLED SUBSTANCE WILL BE IN A SEALED CONTAINER, PLASTIC BAG, ETC., AND GROSS WEIGHT PLACED IN AN EVIDENCE ENVELOPE AND SEALED WITH EVIDENCE TAPE BY THE SUBMITTING OFFICER • 1. OTHER SUBSTANCE ITEMS SUCH AS PILLS AND CAPSULES WILL BE COUNTED • 2. ALL SUSPECTED CONTROLLED SUBSTANCES SHALL BE PACKAGED SEPARATELY FROM ALL OTHER TYPES.

  25. Protected items packaging i.e., firearms, drugs, jewelry and currency

  26. . VII. PROTECTED ITEMS PACKAGING FIREARMS, DRUGS, JEWELRY AND CURRENCY • A. PROTECTED ITEMS MUST ALWAYS BE PACKAGED SEPARATELY FROM ALL OTHER PROPERTY • B. MONEY AND CONTROLLED SUBSTANCES ARE DESIGNATED AS BELONGING TO DIFFERENT PROTECTED ITEM GROUPS AND REQUIRE SEPARATE PACKAGING

  27. B. UPON RECEIPT OF ITEM PROPERTY PERSONNEL WILL INSPECT THE SEALED EVIDENCE ENVELOPE FOR ANY SIGNS OF TAMPERING

  28. Firearms require special handling

  29. IX. FIREARMS - REQUIRES SPECIAL HANDLING • A. ANY PERSONNEL DELIVERING A FIREARM TO PROPERTY MUST MAKE CERTAIN THE FIREARM HAS CLEARED CCIC/NCICC AND FIREARM IS UNLOADED AND SAFE. • B. THE EVIDENCE ENVELOPE MUST HAVE IN WRITING ACROSS ENVELOPE "FIREARM ISUNLOADED AND CLEARED CCIC/NCICC”, BEFORE DEPOSITING THE FIREARM WITH THE PROPERTY SECTION.

  30. C. HANDGUNS, MAGAZINES AND UNFIRED AMMUNITION MUST NOT BE PLACED INTO THE SAME EVIDENCE ENVELOPE. HANDGUNS AND EMPTY MAGAZINES MAY BE PLACED INTO THE SAME EVIDENCE ENVELOPE, PROVIDING THE MAGAZINES ARE ENCLOSED IN A SMALLER PLASTIC BAG. • D. FIREARMS THAT ARE PLACED IN THE PROPERTY SECTION MUST HAVE THE SERIAL NUMBER OF THAT WEAPON RECORDED ON THE PROPERTY REPORT EVIDENCE ENVELOPE AND PROPERTY TAG.

  31. Bio-hazardous evidence

  32. X. BIO-HAZARDOUS EVIDENCE • A. ALL BIO-HAZARDOUS EVIDENCE THAT IS STAINED OR CONTAMINATED WITH BODY FLUIDS THAT MAY OR MAY NOT BE BIO-HAZARDOUS SHOULD BE TREATED AS THOUGH REAL DANGERS EXIST. • B. EVERY PROCEDURE AND PRECAUTION SHOULD BE APPLIED WITH COMMON SENSE DICTATED BY "BETTER SAFE THAN SORRY".

  33. C. ALL EVIDENCE INVOLVING BLOOD OR OTHER BODY FLUIDS, BODY TISSUE, BONE, CLOTHING AND OTHER ITEMS THAT MAY HAVE BEEN CONTAMINATED BY ANY OF THE ABOVE WILL BE CONSIDERED AS BIO-HAZARDOUS . • D. ALL LIQUID SAMPLES MUST BE ENCASED IN THE PROPER CONTAINERS: BLOOD TUBES, PLASTIC JARS, ETC.

  34. E. ALL SHARP INSTRUMENTS SUCH AS SCISSORS, KNIVES, SCALPELS, RAZORS, BROKEN GLASS AND HYPO NEEDLES WILL BE PROTECTIVELY COVERED AND LABELED “SHARP INSTRUMENT” - IF THEY HAVE BLOOD OR BODILY FLUIDS ON THEM, THEY WILL BE PLACED IN BAGS SEALED AND APPROPRIATELY LABELED "BIO-HAZARDOUS".

  35. F. ALL FIREARMS OBSERVED TO BE OR SUSPECTED OF BEING CONTAMINATED WITH BLOOD AND/OR TISSUE WILL BE LABELED “BIO-HAZARDOUS”. • G. ALL PACKAGES WILL BE CLEARLY MARKED AND LABELED AS BIO-HAZARDOUS. ANY BIO-HAZARDOUS EVIDENCE THAT IS FORWARDED TO THE PROPERTY SECTION IMPROPERLY PACKAGED AND NOT LABELED WILL BE RETURNED TO THE SUBMITTING OFFICER.

  36. Disposition of evidence

  37. XI. DISPOSITION OF EVIDENCE • A. THE PROPERTY CUSTODIAN IS RESPONSIBLE FOR THE RELEASE OR DISPOSAL OF EVIDENCE WHEN HE RECEIVES A RELEASE FORM. • 1. ADJUDICATION IN COURT • 2. OFFICER HANDLING THE CASE • 3. FOUND PROPERTY • 4. PERSONAL PROPERTY/ UNCLAIMED PROPERTY

  38. Release of Property

  39. XII. RELEASE OF PROPERTY • A. REQUEST FOR THE RELEASE OF PROPERTY IS INITIATED THROUGH THE APPROPRIATE POLICE DEPARTMENT CASE NUMBER. • B. A RECORD OF ALL RELEASE TRANSACTIONS IS TO BE MAINTAINED ON THE CHAIN OF CUSTODY FORM.

  40. C. THE RELEASE OR DISPOSAL OF PROPERTY/EVIDENCE MAY BE ACHIEVED THROUGH NOTIFICATION OF THE PROPERTY SECTION BY THE COURTS INVESTIGATING OR RESPONSIBLE OFFICER, THROUGH THE PROPERTY SECTION COMPUTER SYSTEM OR AT THE END OF THE 30 DAY RETENTION PERIOD FOR FOUND PROPERTY OR PERSONAL PROPERTY.

  41. BICYCLES

  42. XV. BICYCLES • A. BICYCLES WILL BE TREATED THE SAME AS ANY OTHER PIECE OF PROPERTY/EVIDENCE. PROPERTY DOCUMENTATION (PROPERTY TAG, PROPERTY REPORT, ETC.) WILL ACCOMPANY EACH BICYCLE WHEN IT IS PLACED IN THE CUSTODY OF THE PROPERTY AND EVIDENCE UNIT.

  43. Common problems thatrequire corrections by officers: • Incorrect report numbers. • Failure to attach a Property Report to item. • Failure to list all items on envelope or bag. • Property Report not completed properly. • Failure to identify items as found, personal property or evidence. • Incorrect status codes. • Improperly packaged items. • Packaging money and jewelry together

  44. This concludes our presentationQuestions??????

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