Ch 41 Property & Evidence Flashcards
Short barreled shotguns-
Have a barrel less than 18” long or overall length less than 26”.
Handgun-
Any pistol, revolver, or other firearm than can be concealed on a person including short barreled shotguns and rifles.
Short barreled rifles-
Have a barrel less than 16” long or an overall length less than 26”.
Packaging of knives / sharp objects:
Knives and other objects with sharp edges shall be placed in a biohazard sharp object disposal pouch or a biohazard tube. Syringes shall be placed in a sealed biohazard tube.
Off duty recovery of property:
Off duty employees who recover property of minor value such as license plate may retain it for a maximum of 96 hours from the time of recovery.
Evidence surgically removed :
When investigating a incident that has resulted in the hospitalization of a suspect or victim and items of evidence will be surgically removed, the employee will wait at the hospital to recover the evidence. If the surgery will not occur immediately, the investigator shall request to be notified when the surgery is scheduled. Investigator shall leave a number he/she can be reached as well as the number to PSC if they cannot be reached. Once notified, the investigator will ensure that an evidence technician is present to take custody of the evidence. In the absence of the technician, the investigator will respond personally.
After recovery of surgically removed evidence :
Recovering employee will protect the item to ensure its evidentiary value. The investigator shall describe the item on the property record noting the following:
Name, age, race and sex of patient
Date, time, and location of recovery
Anatomic location from which the object was removed.
The removing physicians printed name and signature shall be noted on the container in which the item is placed. This step is taken to ensure the chain of custody.
Transferred patient :
If a patient is transferred to a medical facility outside the county, the investigator shall request the assistance from the police agency that provides services to the medical facility.
Property removed from the property warehouse must be returned in within ?
30 days
Evidence retained by courts :
Employees shall complete a property record as evidence form whenever the court retains the property for evidentiary purposes. The employee shall contact the OSA prior to court to verify which items will be introduced as evidence.
If the property gets introduced by evidence :
If the property has been introduced as evidence but the employee is excused from court, the court clerk must sign the form and accept custody of the evidence. The employee will retain copy #3 for their records and forward copy #4 to property warehouse within 48 hours.
Property will not be released to owners if its:
Contraband
Held for evidence
Money confiscated for vice violations.
Money or valuable less than $5000
Submitted money or valuables worth less than $5000 shall be stored in a narcotics mailbox. Shall be processed/logged in the same manner as narcotic property.
Money or valuables over $5000
Money or valuables worth $5000 or more shall be transported to the property warehouse during the shift it was recovered. Officers who recover large sums of money shall request that a supervisor respond to the scene. Supervisors shall count the money in the presence of the recovering officer.
Transport of property to warehouse :
The transporting officer shall transmit his/her odometer reading and destination to PSC via the radio. If property is closed a supervisor may authorize the storage of money or valuables worth $5000 or more in the narcotics mailbox.
CDS related seizures in excess of $1000
NEDs Narcotic Asset Forfeiture shall be notified of all cds related currency seizures in excess of $1000. The seizing officer shall make telephone notification within 24 hrs of seizure.
If the currency seized for evidence or forfeiture is needed for legal proceedings, the officer shall :
*Photograph the currency
*Record all serial number of each piece of currency by denomination.
Photographs may be substituted for the currency in criminal cases. Seizures of currency involving more than one bill shall be photographed as a whole not separately.
When an officer determines that the deceased has no next of kin, or relatives cannot be located he/she shall:
- contact the sheriffs to arrange for a court order securing the deceased’s property
- request that a deputy respond to the scene and take custody of the property.
Firearm in water
FEU shall be contacted whenever a firearm needs to be removed fro water. Whenever possible, investigators or evidence techs shall recover firearms.
Packaging of firearms and related evidence
Clips and magazines shall not be stored in a weapon. Ammunition shall no be stored in a clip or magazine. Firearms and ammunition shall be packaged separately and submitted as different items.
Blood or body fluids on evidence
Items that have blood or body fluids on any surface should be submitted after the item has dried. Biohazard labels shall be attached to the packaging for the safety of the examiner.
On duty or off duty cds recovery
On duty or off duty officers shall submit seized or recovered cds immediately unless custody is transferred to another officer.
Weighing of cds
Whenever practical, to ensure the most accurate weight, officers should attempt to remove the cds from the container or wrapping in which it was seized. Property items suspected of containing minimal residue or trace amount of cds shall be counted, not weighed.
Submitting CDS
All cds shall be submitted in a clear 9 1/2 x 16” heat sealable plastic pouch. Different types of cds shall be submitted in separate pouch. Items found in different locations or recovered from different defendants shall be packaged separately.
