Evidence House Cleaning the Kootenai County, Idaho Way by Richard J. Easterly
Operating a property room requires a great amount of persistence to keep
from being inundated with every kind of property imaginable. Once the officer
has packaged, marked, and deposited the property in the assigned location,
the officer forgets it until needed for court. If the case is adjudicated
without going to court, the property is forgotten except for the property
officer, who has to keep moving it to make room for new evidence. For a
lot of departments getting rid of the evidence requires the property officer
to first locate the oldest evidence because it is the most likely to be
ready for disposition. After locating the evidence it is necessary to check
with the officer and then with the court to determine the status of each
case. In an attempt to get evidence going out as fast as it comes in (not
likely in this life time), I use areas of major concentrations of information
that are beneficial to this objective.
I was able to find a major collection of information at our district court where every week they send a computer list to the state of all people who have been sentenced so the information can be added to individual suspect files and driver's records and whatever else they do with them. I am supplied a copy of this list for arrests by this department. I then check the list, case by case, to ascertain if we hold any evidence for the particular charge the suspect has been sentenced. If evidence is located for a particular subject on this specific charge, Ilog the case number and date he was sentenced in a notebook. I then notify the case officer of the disposition so if they need the evidence for another investigation they can order it held pending other prosecutions. If I receive no direction, the evidence is released or destroyed after waiting until the appeal time is over. I also cover the appeal base at district court by contacting the clerk who handles all the appeals and having her send me a copy of all appeals that are filed on department cases. When I receive notification of an appeal, I again check for evidence in my possession, and if located, attach the appeal notice to the property report so I don't inadvertently release it. The next concentration of information is our in house computer. The investigation division has a case management program' that gives the status of all assigned cases by each detective. By tapping into this program I can determine which cases have been closed without prosecution. These would include cases where the victim refuses to testify, the prosecutor won't file or prosecute, or the case is civil, etc. If evidence is found for cases that are closed for any of the above reasons, I contact the detective to authorize disposal of all evidence. The final concentration of information is the file used to keep the hard copy of the property reports. Since most requests for property concern cases less than a year old, I keep the hard copy of the property reports in a rotational file for the last 12 months. When I remove the reports from the rotational file to place in a notebook, I go through them case by case to see if there is any reason why they are still in evidence. By checking the computer, I can determine the status of the case and which investigator can authorize disposal of the evidence. Since most of my evidence relates to misdemeanor cases, if no arrest has been made the evidence can be disposed of since the statue of limitations has expired. By concentrating on these areas of information, I am able to dispose
of evidence that normally would not be checked on until a year after it
had been entered, or until it becomes the oldest piece of evidence in custody.
These procedures do not relieve me from the responsibility of periodically
going back and checking on each piece of evidence because the information
may have fallen through the cracks, but so far it seems to be keeping my
evidence bins fairly clean.
Copyright © 1999 International Association for Property and Evidence, Inc. Reprinted from the Evidence Log, Volume 1994, Number 4, Page 13 |
|
Contact Webmaster |
|
|