HPM 70.1 - EVIDENCE Flashcards by Dave Galbraith

Different types of evidence: (4 types)

Direct evidence
Circumstantial evidence
Testimonial
Physical evidence

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5 basic criteria for the evaluation of physical evidence:

Relevancy
Identifiable
Legally Obtained
Continuity (chain of possession)
Integrity (not contaminated)

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An investigation is a step by step inquiry into the circumstances of an incident to establish _________

facts

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The objectives of law enforcement investigations are to?

3 things

Determine if a CRIME occurred (and what crime)
Identify /secure EVIDENCE of a crime
Identify / locate / apprehend the OFFENDER

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Juveniles who are arrested MUST be advised of their rights regardless of ___________

Questioning

with or without questioning

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When evidence is collected, it should remain in ______________________________

the container in which it was found in

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What material provides the best storage for MOST evidence

Plastic, tamper-resistant, bags

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__________ bags shall NOT be used for packaging items that might have biological material (blood, semen, saliva, fingerprints, blood stains, most items)

Plastic

(it can cause specimens to retain moisture/bacterial growth)

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__________ can be used for the storage of larger items and items that might contain biological material such as clothing.

Manila envelopes or kraft paper bags

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_________ should NOT be used to seal evidence in any type of container

Staples

they make opening the container difficult, and they also leave small holes that can allow a leak

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Once removed from a loaded firearm, the chambered round of ammo should be placed in a ________________ separate from any other ammo

Small envelope

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Ammo located in a magazine should remain ___________________ when forensic testing of the firearm is needed

Remain in the magazine

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When the Dept takes custody of a firearm, a _______________ describing the firearm SHALL be issued to the person who possessed the firearm

Receipt

It’s the yellow copy of the 36 form

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For a confiscated firearm, the CHP 36 receipt shall include the following info:

Make / model
Serial #
Location where it was booked/stored
Time limit for recovery for owner
The date after which the owner can pick it up

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If a gun is seized at a scene and needs forensic testing and a gun box is not available, gun should be placed in a _________________

Manila envelope for transport back to office for proper packaging

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Computer Evidence: If a computer is off, you should ____________________

Leave it off

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Computer Evidence: Since forensic evidence can be destroyed with a simple click of mouse, you should immediately _____________________

Restrict access to the computer and immediate area.

Also DO NOT attempt to use the computer to search for evidence

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Computer Evidence: Package the computer components in what type of containers?

Non-static containers (paper bags and cardboard boxes)

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Computer Evidence: While transporting the computer components, place the evidence where in the patrol car?

Floorboard of the back seat (away from radio system)

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Cell Phone Evidence: if the device is off, you should do what?

Leave it off. Remove battery

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Cell Phone Evidence: If the cell phone/tablet is on, you should do what?

Leave it ON. Powering it off could enable a password prompt

Also, remove any SIM cards / place into Airplane mode

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All paper and cardboard product packaged items shall use ___________ to securely close the package

Strapping tape

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All controlled substances (except marijuana) and all unknown substances SHALL be __________________ and sealed using heat seal polyester bags

Double-bagged

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All drugs, controlled substances (including pills) and marijuana submitted as evidence SHALL be weighed both ______ to and _______ packaging

Prior to and after packaging

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Pills shall be _________ and not counted

Weighed

Drugs with street value of $10,000 or more, SHALL NOT be stored where?

Shall not be stored in a temporary evidence locker. They shall be secured inside the evidence room immediately after packaging.

Money SHALL be counted by ___ employees regardless of amount, one of whom SHOULD be a ______________

2 employees One should be supervisor BOTH shall add names, ID's and sign the CHP 36

The weight of the substance in its original container is it's ____________ weight

Net Weight

The weight of the substance AFTER it's been sealed in a package is it's _________ weight.

Gross Weight

Money in excess of $1,000 seized as evidence or for safe keeping, SHALL NOT be stored where?

Shall not be stored in temporary locker. Shall be stored in evidence room. Notify evidence officer - they SHALL respond

Firearms seized for DV, shall be seized for at least ____ hours

48 hours

How often shall the property supervisor conduct inspections of the property system?

Quarterly

Inspection: Random sample of ___% of items with a minimum of ___ items

10 % Minimum of 10 items

Evidence is either ___________ or _____________

Direct or circumstantial

The 2 most effective searches for OUTSIDE

Strip method Grid search

Before searching the scene, the scene should be ________

photographed

________ should not be used to seal evidence in any type of container. They make opening the container difficult, and they also leave small holes that can allow evidence to leak out.

Staples

Evidence tape seals shall have what written on them so that the markings are on both the evidence tape AND the packaging? 3 things

1. Your initials 2. ID # 3. Date packaged

When transporting computer evidence, place the packaged material away from _____________________. If possible, place the evidence on the floorboard in the ________________ of the patrol car.

Away from the PV's radio system On the floorboard

What items require the blue "sensitive" item serialized evidence tape strips?

Controlled substances and money

Alcoholic beverage evidence should not normally be seized. Except for _______ cases.

Felony (fingerprints, under 21, contains drugs)

Any type of ammo FOR EVIDENCE (fired cases, fragments, pellets, unfired bullets, loaded magazines) should be packaged in ________________-

Kraft paper / manila-type envelopes

Any type of ammo FOR SAFEKEEPING/FOUND (fired cases, fragments, pellets, unfired bullets, loaded magazines) should be packaged in ________________-

plastic evidence bags Separate calibers

Never package bloody items in ________

plastic will deteriorate

DVD / CD sleeve envelope is a CHP ________

CHP 557

What type of gloves shall be used when handling drugs/controlled substances/weed?

Disposable high-risk nitrile gloves NOT LATEX

ALL CONTROLLED SUBSTANCES (except weed) shall be _________ bagged and sealed using ____________ bags

Double bagged Heat seal polyester bags

Can you package more than one type of drug together in same package?

No - shall only be one per package

The weight of the drug and its original packaging is called the __________ weight

Item weight

The weight of the drug and containers AFTER they have been placed in heat sealed bags is called the ________ weight

Package weight

Marijuana must be completely dry before packaging. Shall be packaged in ______________

Paper envelopes or bags PAPER!!!!

Can pipes, needles or paraphernalia be packaged with controlled substances?

No Must be separate

Drugs with street value over $10,000 SHALL NOT be stored where?

NOT stored in a temp locker (including pass-through locker) Shall be secured inside evidence room.

Live marijuana plants? Can they be removed from soil or container?

No - store in paper bags, cardboard container, wrap in paper

If any item needs to be fingerprinted, packaging in _______ may destroy the prints. Pack in ____________

Plastic will destroy prints Pack in paper or a cardboard box

How many firearms can you put into a gun box?

Only one per box DO NOT SEAL THE BOX.

If seized gun is already in a gun case, do you take it out?

It may remain in that case.

Ammo magazine SHOULD or SHALL NOT be unloaded for firearms being submitted for forensic testing?

SHALL NOT If round was chambered - submit the round with the magazine, but in a separate paper envelope

Flammables shall be stored _________________

outside the office. Never store them in office.

Packaging knives for evidence - Do not place the knife back in it's _________

Sheath Package the sheath separately

Money that has evidentiary value that requires testing (DNA, blood) shall be packaged in a _______________

Kraft paper / manilla envelope

Money seized for asset forfeiture should be documented on a CHP ____ - Financial Tally

CHP 308

Money booked for no evidentiary value (safekeeping/found) should be packaged in ______________

plastic evidence bags and sealed with BLUE sensitive tape

Money in excess of $1,000 seized as evidence OR for safe keeping SHALL NOT be stored where?

in temp evidence locker. Shall go directly to evidence room safe, or safety deposit box at a bank

Should officer RE-CAP needles that are bent, broken or removed from broken syringes?

NO - SHALL NEVER do this And shall not remove contents from a syringe

Found property valued at less than $250 must be held for at least ___ days

90 days

Retention The CHP 36 forms shall be retained for the life of the evidence plus ____ years

5 years

Large quantities of controlled substances (over 10lbs) may be _________ without a court order

Destroyed

What is required for all hazardous chemicals present in the workplace?

a SDS - Safety Data Sheet Used to be called MSDS

Can officers perform presumptive field tests (drug tests) solely to confirm the ID of suspected narcotics?

NO - shall not

Evidence seized through a search warrant can only be released with a ____________

court order

All firearms, whether found, seized as evidence, or held for safekeeping, coming into possession of the Dept shall be entered into the ______ and the ________

AFS - Automated Firearms System and eTrace - Electronic Tracing System

SAFE-T =

Sexual Assault Forensic Evidence Tracking tracks the status of all sexual assault evidence kits collected in the state

Unclaimed evidence or property of little or no monetary value, nuisance weapons, firearms, contraband, evidence used in commission of a crime, and controlled substances SHALL be ___________

destroyed Shall be witnessed. Should be a supervisor witness.

Evidence officers should purge evidence on a _______ basis

Weekly

Need approval from supervisor prior to towing vehicle for evidence?

Yes

If vehicle taken for evidence, notify City/DA within ____ hours

72 hours of vehicle impoundment

Heat sealed bags must be _____ and _______ by the officer

Initialed and dated

Narcotics shall be sealed in _________ bags

polyester heat seal bags

Purging Evidence: For misdemeanor/infraction evidence, case status shall be checked after ____ months

after 6 months

Purging evidence: For felony evidence, case status shall be checked after how long?

After one year, and every year after

If case is declined by prosecutor, the court officer shall alert the evidence officer within ____ working days of notification

within 2 days Evidence can then be disposed of *Note: there is a 90 day appeal period for felonies so gotta wait * 60 days for misdemeanors * 90 days for juveniles

If suspect is UNKNOWN, evidence officer may destroy evidence with concurrence of ________ and investigating officer

Sergeant

Holding periods for evidence tied to cases pending adjudication: 1. Death/Life Sentences: 2. Felony sexual assault: 3. Jail 8+ years: 4. Elder Abuse: 5. State Prison: 6. Misd/Infractions:

1. Death/Life Sentences: INDEFINITELY 2. Felony sexual assault: 10 YRS 3. Jail 8+ years: 6 YRS 4. Elder Abuse: 5 YRS 5. State Prison: 3 YRS 6. Misd/Infractions: 1 YR

If found property is less than $250 in value and 90 days has passed, it can be ____________

May be given to finder

If found property is more than $250 in value and 90 days has passed, evidence officer must do what?

Place AD in local paper for ONE day. Finder must pay for advertising cost. After 7 days, shall be given to finder

Property held for safekeeping - held for ___ days before disposal.

60 days

Threshold Incident evidence and evidence from incidents that may result in liability for the Dept - shall be held for at least ___ years

10 years

Non-threshold incident evidence - shall be retained for ___ years

5 years

Civilian complaint evidence (admin evidence) shall be held for ___ years

5 years

Evidence officer shall destroy evidence within __ days of date of arrest

90 days

Sexual assault kits (and other evidence from unsolved sexual assault cases, SHALL NOT be destroyed or disposed of for at least ___ years

20 years If victim is under 18, not before their 40th birthday

Blood and urine samples are required to be kept for how long? (to allow defendant to have their own test conducted)

1 year

CA plates go to ________ Out of state plates should be _________

DMV destroyed locally

If owner of money is unknown or can't be located, money should be sent to _____________

FMS - Fiscal Management Section

Counterfeit money should be sent to __________

US Secret Service

Does Dept have any obligation to preserve evidence for CIVIL suits in which the Dept is NOT a party?

MVARS video to be destroyed after how long?

1 year

Weed that was booked as EVIDENCE, needs a __________ to be released

court order

Over the counter prescription meds (not listed on schedules 1-5) may be disposed of locally by _______________ and shall be witnessed

Throwing them in trash Should be witnessed by Sgt

An item, ready for destruction, SHALL NOT be _________ from its packaging

opened or removed

A __________ is required for the destruction of controlled substances

Court order

When storing a gun for safekeeping, the Area shall send a property letter by ________ mail with return receipt requested to _____________ after receiving the gun into the evidence room

Certified mail lawful owner

Dept must hold onto gun for ____ days before it can be considered unclaimed

180 days

Weapons seized for DV incidents shall be held for ___ hours

48 hours and released no longer than 72 hours

If person was arrested for 5150 they shall not possess a gun for ___ years

5 years

Firearms SHALL NOT be released to juvenile WITHOUT

parental written consent, includes air gun, and ammo

How many UN-SCHEDULED property room inspections shall the commander or designee conduct every year?

At least one (at least 10 property items traced / checked)

Evidence / property officer changes? Conduct a ___% inventory and SHALL change the ______

100% inventory change the locks

Property / evidence officer's tenure SHOULD be for a minimum of ___ years

3 years

Properties SHALL NOT be left in temp lockers more than ____________

1 day (doesn't include weekends/holidays)

Evidence tow authority

22655.5 VC