"A citizen loaned our Police Department a bike to be used in a sting operation. The bike was lost. Can we use a found bike to replace it with?"

"The vice commander was just here. He wants to use some evidence for a sting operation. Can we do that?"

So begins the maze of problems that can come up when combining property and sting operations. Written pol icy becomes critical when considering the use of law enforcement held property or evidence in a sting operation. All the responsibilities should be covered in writing in advance of any operation.

A Sting Operation is when an agency sets up to sell or trade stolen property or contraband in order to gather information for an arrest. From a property and evidence point of view, many areas should be addressed when writing a policy to cover the operation.

What property should be used?

Any items that have been cleared for disposal, and cannot be returned to the rightful owner, or the owner is unknown, can be used.

Should evidence from an ongoing case be used?

Only items from cases that have been adjudicated (all court action is complete) should be used. Every sting operation has horror stories about the contraband that got away, or the items that were never recovered. It should never be a trade off of risking one case while going after another. Evidence should be considered off limits for use, until after the case has been closed and is ready for disposal.

What about items loaned by citizens for use?

Every operation runs the risk of property loss. Using items "loaned" for use should be avoided. If your agency decides to use "loaned" items, a complete written procedure in case of loss should be included. Who will be responsible to replace the lost item? Has the replacement value been agreed upon ahead of time? Where will the funds be taken from to cover the cost? What type of a report will be required? Does the potential value, if lost, require city councilor county council approval to replace? Who will handle any legal action the citizen could bring against the agency?

Who will maintain the inventory of contraband or other items used?

The property section should maintain an inventory of all items released for use in the operation. Keep all original forms including signatures and documentation tracking who the property was released to.

Do the items in a sting operation need to be inventoried?

Inventory property on a regular basis. Define by whom and when items will be inventoried. This might become the responsibility of the supervisor of the sting operation or may remain the task of the property staff. (In most cases the members of the sting unit complete weekly inventories.)

Who should approve the release of items from property to a sting operation?

Procedures should include who specifically is authorized to approve the release of property held items for sting operations. Department head authorization prior to releasing items is recommended. Having department head approval makes clear that the specific format for the operation has been cleared to proceed. It makes certain no one is caught by surprise if something is lost in the operation. It protects the property staff from questions like "you mean just because someone asked you issued out the stuff?". It covers your rear flank in a crisis.

Should we use items with serial numbers missing?

Carefully check for markings before using items in a sting. The perfect stolen property item for a sting is an item that has the original manufacturers serial number. However, some agencies also use items with serial numbers removed. Property units normally attach or write serial numbers on items to replace the missing number. A marked item can lead to tragedy when a crook realizes that the person trading the item is probably from the local vice division. Check items thoroughly, including removal of covers to look inside, prior to adding them to the list for sting use. Items that have been renumbered for agency disposal (auction, etc.) are not good candidates for sting operations.

How should the documentation be handled?

The property room should keep on file, and always be in possession of, original inventory lists with the sign out procedure. Any changes in the inventory should be initialed by both the sting operation supervisor and the property person witnessing the change. If there is a discrepancy between lists, the original is considered valid (provided the initialing procedure has been followed).

What if a loss occurs during the operation?

Documentation describing any losses should be completed and attached to original documentation transferring the item to the to sting operation. Some agencies require the creation of a case report to explain how the loss happened.

Whatever the agency policy may be on the handling of sting operation property, the critical concern is a written policy be developed prior to the operation. Make certain that every concern is covered and have copies provided to everyone in the operation.