IMPOUNDING PROPERTY-EVIDENCE
In any
criminal investigation, the validity of information derived from examination of
the physical evidence depends upon the care with which the evidence has been
protected from contamination. In other words, if the evidence has been
improperly collected, handled, or stored, its value may be destroyed and no
amount of laboratory work will be able to restore it. Therefore, it is
important that items of evidence be collected, handled, and stored in a way that
will ensure their integrity. In doing so, the likelihood is increased that
useful information can be obtained by examination and that the item will be
considered admissible in a court of law.
General
Evidence Guidelines
*Keep in mind that storing evidence in plastic bags may lead to hazardous molds,
evidence damage, or otherwise be compromised.
RESPONSIBILITY FOR IMPOUNDING
EVIDENCE OR PROPERTY
Impounding Officer
= For
the purpose of this document, the term “impounding officer” will mean the
employee who prepares the property for submission to the Property-Evidence
Office.
The
employee who recovers evidence or finds property is responsible for transporting
and booking, except when that responsibility is assumed by, or assigned to,
another employee. Ultimately, the person who is named on the evidence receipt
as having seized an item will be held accountable for that item. All items
of property obtained must be placed under the control of the Property Evidence
Unit prior to the end of the officers shift, i.e., slam locker, refrigerated
lockers, temporary evidence lockers, Impound lot or vehicle bays weather at East
Precinct or Headquarters..
Every attempt
possible to identify and notify the owner or custodian of property taken into
our custody will be made. A copy of the
property evidence receipt must be left with the owner, or custodian
prior to any item of property obtained being transported from the location.
A copy of the receipt will be left in a conspicuous location if no responsible
person is present to take delivery. The receipt must contain all
information describing each item of property obtained, the person who took
possession of the item and the date and time they took possession.
The impounding
officer must complete a detailed report documenting the circumstances by which
the property came into their possession. This report should be submitted
at the end of their shift or as soon as possible if their supervisor approves a
delay.
Per ORS 133.455 Receipts for
property taken from person in custody; penalty. (1) Whenever any jailer,
peace officer or health officer takes or receives any money or other valuables
from any person in custody for safekeeping or for other purposes, the officer or
jailer receiving such valuables or money forthwith shall tender one of duplicate
receipts for the property being surrendered to the person in custody. If
possible, the person in custody shall countersign both the original and
duplicate receipts. If the person is unable to sign the receipts or receive the
duplicate thereof, the same shall be signed by and delivered to the person when
reasonably possible. A file of the original receipts shall be kept for at least
six months after the money or valuables have been returned to the person in
custody, the agent or representative of the person or other person entitled to
the same.
(2) A person violating any of the
provisions of subsection (1) of this section commits a Class B misdemeanor.
[Formerly 142.210]
Washington County Ordinances
dealing with inventories and impounding of property.
Washington County
Sheriff's policy dealing with inventories and impounding of property.
IMPOUNDING EVIDENCE OR PROPERTY
All
property coming into the custody of the Sheriff’s Office and submitted to the
Property-Evidence Office will be handled as follows:
-
Tag or package all items
in the smallest acceptable container.
-
Date
and initial over the seal if the item is heat sealed or secured with red
evidence tape.
-
Acceptable containers for
the submission of evidence are any paper or plastic bag issued by the
Property-Evidence Office.
-
When size prevents
packaging, use a twist tag. If a twist tag is not useable, an adhesive tag
may be used, but must be affixed to the item in a manner and location that
will not deface the property or destroy its evidentiary value.
-
Tag each item with the
appropriately colored evidence tag or place the item in the preprinted
envelope or bag provided by the Property-Evidence Office. Do not use the
tag to seal the packaging.
-
The impounding officer
must provide complete and accurate information on all spaces of the evidence
envelope or tag. This includes the case number, item number, victim name,
deputy name, date and time seized, seizing person’s name, description of the
item (miscellaneous portion of the tag), and the location from which the item
was seized (if space is provided on the tag). INDICATE IF THE ITEM IS
TO BE DESTROYED.
-
Have all serial numbered
items run for stolen through LEDS/NCIC prior to submitting them to the
Property-Evidence Office.
For all
firearms, the impounding officer must attach a copy of the LEDS and NCIC
printout to the yellow and green property-evidence report Provide the owner’s
information to the Property-Evidence Office.
-
Items
which should be separated from other evidence:
-
Sexual assault kits –
refrigeration
-
Drugs – smallest bag
possible, separate from paraphernalia
-
Blood, urine –
refrigeration
-
Money – currency envelope
-
Syringes, razor blades –
infectious waste container
-
Complete a
property-evidence report.
-
Submit the property to the
appropriate location at Headquarters or East Precinct depending on your
assignment. Both of these locations have secure evidence lockers
available 24 hours a day.
-
Place the yellow and green
copy in the property-evidence basket in the evidence processing room.
Evidence Collection
Packaging
There
are a variety of packaging types that can be used for packaging evidence. The
type you choose depends on the type of evidence, the condition of the evidence,
and the examination(s) you want the laboratory to perform. Use the information
in Table 1 below or consult the section specific to the type of evidence you
have to select the proper way to package it. All packaging types need to be
clean and unused (e.g. no recycled grocery bags).
Evidence Packaging
|
Packaging Type |
Uses |
|
Paper bags
or envelopes |
Just about everything should
be packaged in paper. Plastic packaging is hard to store in the
evidence room and plastic also degrades possible latent fingerprints.
The only exception to this would be drugs, items contaminated by hazardous
materials, and paper items being submitted for fingerprinting. These
items should be packaged in plastic. Remember when packaging to use
the smallest bag possible that will not compromise possible latent
fingerprints. |
|
Plastic
bags or Ziplocks |
A
material such as powder drug samples biological material that includes
marijuana, psilocybin mushrooms, blood or semen stained items, condoms, etc.
Items MUST be dried prior to packaging. |
|
Metal cans |
Arson
evidence |
|
Plastic
buckets |
Samples
from clandestine laboratories that are individually packaged in glass vials
and set in an absorbent material (e.g. vermiculite, kitty litter, etc.) in
the plastic bucket. |
|
Glass
vials |
Liquid
drug samples, syringe contents, samples from clandestine laboratory, etc. |
|
Paperfolds
and Post-It notes |
Small
pieces of trace evidence, hairs, fibers, minute glass particles, paint
chips, residue amounts of powder drugs, etc. Place inside a larger paper
envelope. Use a Post-It note by placing the trace evidence on the adhesive
and folding the Post-It in half to cover the adhesive. |
|
Cardboard
boxes |
Firearms,
knives, large pieces of plate glass, a piece of flooring with a shoeprint,
etc. Offers protection from sharp edges and the depth protects one surface
of the evidence from rubbing. |
