PROPERTY BASICS: THE NEED FOR WRITTEN GUIDELINES By law, a Law Enforcement Agency is responsible for maintaining property. Property that it seizes, property that is found, and property that is surrendered. The goal is to get the property back to the owner, whenever possible, as soon as possible, in the same condition as it was received. When return of property is not possible, our goal is to dispose of the property as soon as legally permissible. Written guidelines define the goals to everyone involved in the process. Safety is always the first concern. There are always potential hazards in handling property. The written guidelines set down in an agency's manual are to protect the agency and employees from injury. A well-structured property management system must develop and maintain strict measures with respect to the handling, security, and disposition of property so that the public can rely with confidence on the integrity and efficiency of the law enforcement agency. The consequences of the mismanagement of the property function can result in the unsuccessful prosecution of criminal cases, embarrassment to the agency, and loss of public confidence. These consequences may be avoided when all employees become aware of the problems and issues confronting the property function and through adherence to statutory requirements. Little is accomplished when making the perfect arrest if the evidence is suppressed due to a chain of custody error. A written property manual is a guide for members of law enforcement agencies to improve and maintain the efficiency and integrity of law enforcement property systems. The Property Manual is as critical as a police pursuit policy or an arrest policy. It provides a ready reference of policies, legal requirements, and procedures. It creates consistency in the operational structure of the property system. Property manuals equal accountability. Everyone knows what the rules are and what is expected of them. No surprises, no rude awakenings, no lost cases due to procedural errors. Easy and simple to follow rules that take the fear out of delegating responsibility. Written Property Manuals permit law enforcement personnel, the command staff, courts and citizens peace of mind. They can rely with confidence that a specific standard is being used to protect all evidence in every case. Property Manuals must be written with ease of use in mind. Fast access to basic information is the key to a successful manual. A well written manual can be used to access information as needed. Easy access to complete information is the key to successful use by patrol personnel when packaging questions come up, by command staff when weapons disposal is at hand, and by the back-up property person who needs answers when the "regular person" is on vacation. Property Manuals should be standard equipment for every property room. As basic as a patrol officer's bullet proof vest, a property manual will protect agencies from lawsuits and bad press. Good procedures are a prudent and wise practice in any part of law enforcement. A written Property Manual including specific guidelines is a good policy for every agency. BACK TO BASICS:
Written procedures should include a general order or administrative instruction or other agency level command directive that clearly identifies the purpose of and general procedure for operating the property function. Any directives that involve other operations or command staff should be outlined in this procedure. Yearly reviews of the property manual are suggested. Having a procedure that refers to specific locations of written guidelines reduces the total number of copies to up-date and pass out each year. For Example: ADMINISTRATIVE INSTRUCTION NUMBER 1 PROPERTY CONTROL MANUAL OPERATIONAL INSTRUCTIONS The purpose of this administrative instruction is to set forth Our Town USA Police Department policy and procedures for the proper preservation and disposal of property and evidence in the custody of this agency. The objective of the instruction is to provide an effective resource for the appropriate storage of property and evidence.I. PURPOSE Under the laws of the State of California and by Ordinance of the City of Our Town USA, the Police Department is charged with the responsibility of keeping an accurate record of all property which may come into its custody as evidence, found property or for safekeeping along with the final disposition of all such property.II. POLICY The "Property Control Manual" has been published to provide for the proper recording, packaging, efficient storage, and appropriate release of property and evidence. The Operational instructions designate staffing, authorized facilities for storing of property, packaging procedures, photo release policies, and laws governing property and evidence. The manual has been designed as a user friendly guide to be utilized by all Our Town USA Police Department personnel.III. PROCEDURE Training will be provided as part of the in-house officer training block given post-police academy. A yearly training review of the manual will be scheduled annually as a part of in-service training modules. It remains the responsibility of each member of the Our Town Police Department to become familiar with the contents of the Property Control Manual and to follow the operation instructions contained within. Copies of the Manual will be distributed to the following individuals: Copies of the Manual will be maintained at the following locations for use by Department personnel:Chief of Police The Property Control Manual shall be reviewed January of each year by the Property Control Officer, who shall be responsible for recommending changes required to keep the manual current and in compliance with departmental policies and local, state and federal laws to the Records Division Commander. The Records Division Commander shall recommend such changes as deemed necessary to the Chief of Police for approval prior to updating this manual.Patrol Sergeant's Office ___________________________________
Copyright © 1999 International Association for Property and Evidence, Inc. Reprinted from the Evidence Log, Volume 1993, Number 4, Page 7 |
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