AND DISPOSAL One of the simplest ways to discuss the packaging and disposal of evidence is alphabetically by type of evidence (alcohol, bikes, firearms, etc.) While few department personnel will ever read the property manual from cover to cover, easy retrieval is a must. Each time an officer packages a new type of evidence they will be able to rapidly locate the packaging requirements. Requirements address proper containers, safety issues and legal aspects. The property manual explains basic issues of packaging. Highly defined guidelines for specialized packaging (ie: bio-hazardous, trace evidence, etc) are contained in the Field Evidence Collection Manual. Examples given are based on California Law. Verify appropriateness of use with your local legal counsel. PACKAGING, STORAGE AND DISPOSAL OF EVIDENCE PACKAGING AND STORAGE
DISPOSAL Procedures for the disposal of property have been included in this section. The property staff is responsible for the legal disposal of all police held property or evidence. Legal code sections and appropriate contact numbers are provided for general reference and/or use by property personnel. As with any source, always check current editions of any cited references to confirm the appropriateness of usage. For more information or assistance with specific questions, contact the Property Officer. ALCOHOL
EXCEPT FELONY CASES AND Alcohol Beverage Commission complaints: 1. Photograph the alcohol. Always include a case number in the picture. 2. Complete the property card. 3. Complete the evidence tag/bag. 4. Place the completed property card, properly packaged evidence, and properly packaged photographs into a "property locker." 5. The photographs will be stored for evidence. The alcohol will be disposed of. 6. FELONY CASES: Clearly mark the property tag or outside of the bag "FELONY-HOLD FOR COURT." Felony cases and items for ABC investigations are held for trial or hearing. 7. Felony Cases - OPEN BOTTLES: a. Photograph the alcohol. Always include the case number in the picture.DISPOSAL The Property Section will: 1. Destroy alcohol related to misdemeanors or infractions. 2. Verify adjudication of felony cases and then destroy the alcohol. 3. Mass purges of alcohol involves the disposal of alcohol at the City Service Center. Bottles, cans, etc., should be set aside and turned in at the ALCOA Recycling Center. Cash from recycling is deposited into the City fund. BICYCLES
PROCEDURE: 1. Check the bicycle for serial numbers, owner engraved ID, etc. Bicycle serial numbers are usually on the front frame area or under the pedal casing. Short numbers (G028812) are usually model numbers (Girls, manufactured February 1988, Model 12). Longer numbers (HC6699852) are more likely the serial number. 2. Bicycles with license numbers are to be checked for registered owners and released in the field whenever possible. Owner information on bike licenses not listed in police files may be obtained by calling DMV Bike License Information at (916) 732-7170. 3. Serial numbers must be checked on the State computer system to see if the bicycle is reported stolen. If determined stolen the employee must advise the owner to call the Property Officer to arrange for release of the bicycle. If not stolen, the employee shall ask the dispatcher to enter the serial number on the system. The officer may, at his or her option, release a bicycle to the proper owner in the field when deemed appropriate. 4. National Bike Registry decals may also be found on bicycles. The decals may be located above the front derailleur or under the seat. If a decal is located, obtain number and call (1-800-621-0850). When the owner information is obtained, ask the owner to contact the Property Officer to schedule an appointment for release. 5. Complete property tag (including back portion) and attach to bike. 6. Place bike in holding area of bike storage facility. See map on pages·3-4. DISPOSAL OF BICYCLES: 1. Found bicycles will be disposed of pursuant to 2080 ofthe California Civil Code. 2. Stolen bicycles will be disposed of pursuant to 1407-141 I of the Penal Code. 3. Safekeeping bicycles will be returned to owner upon request or disposed of as abandoned property (2080.7 Civil Code) after 180 days. 4. Upon request and with Council Approval, bicycles may be disposed of in accordance with 217 of the Welfare and Institutions Code. 5. Disputed ownership will be resolved by a Property Hearing (1413(b) Penal Code). BIOLOGICAL EVIDENCE/BLOOD
PROCEDURE: 1. If blood is wet (on a piece of clothing, sheet, etc.) it must be completely air dried prior to submission. After being dried, it must be frozen. 2. If liquid (alcohol blood test in vial) it must be refrigerated. 3. If in doubt, contact the field evidence technician or the Property Officer for additional information. CAUTION: AIDS HAS A SHORT LIFE SPAN WHEN EXPOSED TO AIR. HOWEVER, HEPATITIS CAN LIVE FOR HOURS OR EVEN YEARS IN THE OPEN AIR. HEPATITIS CONTAMINATED EVIDENCE HAS BEEN FROZEN AND RETHAWED YEARS LATER. THE VIRUS WAS SHOWN TO STILL BE ALIVE EVEN AFTER FREEZING OR THAWING. DON'T TAKE CHANCES - USE SAFEGUARDS - BIOLOGICAL EVIDENCE CAN KILL IF NOT HANDLED PROPERTY. ALWAYS USE GLOVES, AND WHEN POSSIBLE, FACE PROTECTION. IF IN DOUBT, CONTACT THE FIELD EVIDENCE TECHNICIAN OR PROPERTY OFFICER. IF NEITHER ARE AVAILABLE, REQUEST THE PATROL SERGEANT'S PERMISSION TO CONTACT THE CRIME LAB FOR ADDITIONAL ASSISTANCE. DISPOSAL:
CASH PROCEDURE FOR SUBMISSION OF PAPER CURRENCY TO PROPERTY:
PROCEDURE: 1. Photograph or photocopy all bills. 2. Sort all bills by denomination. 3. Arrange each stack so the bills are all face up. The figurehead should be looking the same direction on all bills. 4. With a supervisor present, count bills into stacks of one hundred dollars. Bundle each stack and have the supervisor recount. Place any denominations that are insufficient for a $1 00 stack into a separate stack with denominations going lowest to highest. 5. Place funds into evidence envelope(s) or appropriate container. 6. The container must be sealed with evidence tape. 7. Both the investigating officer and the shift supervisor shall initial the container across the evidence seal. 8. If special handling is required, attach a note to the evidence. (Money is automatically deposited unless otherwise indicated.) 9. Place envelope into the drop slot. (If a large amount of money is seized. the container may be placed into a slam locker. The Property Officer will log in the container. The funds will be taken to the Accounting Department. The seal will be broken by the accounts clerk and the count witnessed by the Property Officer. The Property Officer will then submit the receipt to be attached to the repor~. All funds are deposited with the City unless specially marked. After case adjudication. all funds are deposited. The property section has a one ton safe for the storage of valuable items. For security purposes. the combination to the safe is maintained by the Property Officer and the Chief of Police. Items of value should be clearly marked "Store in Safe" and submitted via an evidence locker. Contact the shift supervisor to determine if items of unusual value will be at risk in the temporary storage lockers or the Property Officer should be called out to place the item directly into the safe. WHAT HAPPENS IF THE CURRENCY TOTALS ARE DIFFERENT?
1. A memo describing the stated amount, the counted amount. a copy of the deposit slip. and any other pertinent information shall be sent by the Property Officer to his/her supervisor. 2. A copy of the memo will be sent to the sergeant initialing the funds. 3. The command officers involved will determine any/all action that may be appropriate to correct the situation. DISPOSAL: Cash is disposed of in accordance with applicable laws upon adjudication
of the case.
2. Stolen or embezzled - a Notice to Ownerform will be sent providing 30 days to pick-up the funds. A secondary notice will be sent after 15 days. The funds will remain on deposit with the City until claimed. Applicable Code Sections: 1407-1411/1413 of the California Penal Code. 3. Safekeeping - will be released upon request and proof of identification (1413 California Penal Code). 4. Found - will be returned to owner 2080.2 California Civil Code or to finder 2080.3 California Civil Code. Found by public employee, see 2080.3(b) of the California Penal Code. 5. All other cases will be reviewed on a case-bycase basis. *See also Coin (this chapter). COINS (For paper money see CASH)
COINS: 1. All coins must be separated. 2. Count and roll all coins. Paper wrappers are provided in report writing or may be obtained from the Accounting Department. Coins not wrapped will be returned to the officer via the Records Commander for proper packaging. 3. Policy requires all funds to be recounted by the shift supervisor. 4. Place coins into an envelope or an appropriate container. 5. The container must be sealed with evidence tape or seal. 6. Both the investigating officer and shift supervisor shall initial the container across the evidence seal. 7. If special handling is required, attach a note to the evidence. Money is automatically deposited unless otherwise indicated. Upon case adjudication, all funds are deposited with the City. 8. Place the container in a slam locker. (If only a few coins are involved, the envelope may be deposited into the drop slot). The Property Officer will log in the container. The coins will be taken to the Accounting Department. The seal will be broken by the accounts clerk and the count witnessed by the Property Officer. A receipt will be provided by the accounting clerk to the Property Officer. The Property Officer will then submit the receipt to be attached to the report. The property section has a one ton safe for the storage of rare or valuable coins. For security purposes the combination to the safe is maintained by the Property Officer and the Chief of Police. Items of value should be clearly marked "Store in Safe" and submitted via an evidence locker. Contact the shift supervisor to determine if items of unusual value will be at risk in the temporary storage lockers or the Property Officer should be called out to place the item directly into the safe. WHAT HAPPENS IF THE COIN TOTALS ARE DIFFERENT?
A memo describing the stated amount, the counted amount and any other pertinent information shall be sent by the Property Officer to his/her supervisor. A copy of the memo will be sent to the sergeant initialing the funds. The command officers involved will determine any/all action that may be appropriate to correct the situation. DISPOSAL: The disposal of coin is accomplished based on how the money came to be in the property room. 1. Asset Seizure - release requires a court order and the approval of the Division Commander upon recommendation of the Property Officer. 2. Found - will be released pursuant to 2080.2 or 2080.6 of the Civil Code. 3. Safekeeping - upon request and proof of identification (1413 of the California Penal Code). 4. Search Warrant - by court order 5. Evidence - general evidence cases will be reviewed on a case-by-case basis. Release or return will be based on applicable legal codes. * See also Cash (this chapter). EXPLOSIVES 1. Items that are volatile substances, such as gasoline, acids, explosive vapors, should be packaged in air tight containers. Consult the crime lab or Fire Department for containers. DO NOT package gasoline or acids in plastic containers. Plastic will melt. 2. The items should be taken to the Hazardous Materials Building, at the Service Center with an evidence tag completed and attached. 3. Items such as automobile batteries may be placed in the bike area outside the police annex. An evidence tag should be attached and a piece of cardboard should be placed under the battery to protect from acid spills. 4. Explosives may not at any time under any conditions be submitted to property. All personnel shall follow the "special exception to the storage of property" outlined in "Storage Facilities" on page 3-2. FIREARMS Due to the lethal nature of firearms, it is the policy of the Police Department to require a court order for the return of any firearm. Exceptions are made on a case by case basis. PROCEDURE: 1. Must be tagged. 2. Shall always be submitted in an unloaded condition. 3. If storage in any form of container is necessary, the weapon must be broken down into component parts. 4. All firearms shall be submitted with chamber open, clip removed, and safety on. Revolvers shall have cylinder open and blocked from accidental closure during handling and storage. 5. If it is necessary due to the peculiarity of the weapon or circumstances surrounding the investigation, that a firearm must be submitted for storage in a loaded condition, the following will apply: a. A metal trigger lock shall be applied to the6. In the event that it is necessary, for evidentiary purposes, to submit a firearm in a sealed container the following shall apply: a. The officer shall clearly mark the container with warning tags indicating the unloaded firearm is within. A supervisor of the rank of sergeant or above shall initial the container authorizing such packaging and verifying the unloaded condition of the weapon. Related incident report(s) shall justify this departure from normal policy.7. The FCN number from the weapon check printout must be listed on the property card (for each weapon) (AFS/APS DOJ or NCIC computer entry). 8. Firearms seized -for major felony crimes (Homicide, Armed Robbery, Rape, etc.) should be marked where it will not devalue the weapon. 9. Firearms seized in all other cases may be submitted by serial number only, especially in recovered property or safekeeping incidents. 10. All firearms are to be packaged and individually tagged. 11. Any firearms that appear to be fully automatic should be marked as such. The Rangemaster will be contacted for proper determination of the weapons potential. 12. The property staff will attach a trigger lock mechanism to all firearms upon receipt. A key will be provided for weapons traveling to court. NOTE: Any weapon used in any crime will not be returned to the owner (unless it is reported as stolen) this includes Municipal Code Violations. DISPOSAL OF WEAPONS:
"Booking"; "Classifications of Evidence"; and "Packaging, Storage and Disposal" are excerpts from the book: Understanding and
Publication and release has been targeted for the end of summer 1994. All rights reserved. Copyright © 1999 International Association for Property and Evidence, Inc. Reprinted from the Evidence Log, Volume 1994, Number 1, Page 15 |
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