PROPERTY & EVIDENCE MANAGEMENT IN THE 21sT CENTURY By Lt. Richard D. Morrison, Lynn Haven (FL) Police Department Anyone watching the Nicole Brown/Ron Goldman homicide trial in California had to be appalled at the magnitude of the evidence management questions raised during the proceedings. Some things which had been taken for granted for decades suddenly came to an unfortunate conclusion on the television screen. As a result, sloppy police housekeeping won't get it in the 21st Century courtroom as far as evidence procedures. At the same time, defense attorneys across the nation had their eyes opened to a new Achilles heel for police investigation cases. No longer will they stipulate the evidence chain of custody and collection. The best witness and the best case cannot overcome exposed sloppy evidence collection, storage and chain of custody. Perhaps the LAPD took a bum rap in the case, but there were enough acts of seemingly improper procedures to allow the criticism, deserved or not. Likewise, the appearance of impropriety can be just as damaging as the real thing when a jury and television audience get the chance to Monday morning quarterback. The end result, of course, is that every law enforcement agency in the United States suddenly came under close scrutiny with regard to evidence collection matters. As far as property management goes, there are plenty of examples all across the nation where money, guns and dope have been lost or stolen from police custody. There are literally hundreds of these horror stories in the newspaper vaults. Be forewarned, guns, money and drugs will get you into trouble if they are not properly managed. Make no mistake, mismanagement can destroy a career, cause or allow criminal misconduct and ruin the reputation of the whole department. So where do you start? If you are the new supervisor, you can begin with a full scale audit as soon as possible after you take over command. If it isn't there on the audit, you won't be liable for it later when it comes up missing. To be safe, set the record straight at the beginning. Initiate a set of policy and procedures for the property room if they do not already exist. If policies are already in place, review them to be sure they are current and adequate for the needs of the department. Also, a good checks and balance system should be set up so that no one person has the ability to remove items without notice. Fortunately, there are now plenty of computer programs available to aid in managing the property/evidence operations. As an example, the Lynn Peavey Co. in Lenexa, Kansas, offers the "SCANIT" software to make bar coding a part of evidence management. The program includes computerized inventory control. USA Software in Cooper City, Florida, offers the Evidence File 2000 for Property/ Evidence Room Control. This software offers chain of custody, inventory tracking, evidence by category or location, portable bar code scanner and bar code label software. As far as management goes, the property unit simply checks property
into storage and returns it after storage. However, the actual function
is not nearly that easy or simple.
In reality, the property unit must be constantly trying to get rid of items faster than patrol can bring them into the facility. If this is not done, storage space will become a critical problem for the agency. Basically, property/evidence is classified into four categories. Evidence is property related to a crime. Found property is non-evidentiary property that is either lost or abandoned. Property for disposal is non-evidentiary property that is to be destroyed. Property for safekeeping is non-evidentiary property which is being held for the owner. However, there are some specific areas when strict controls are needed to ensure security and control: WEAPONS - Carry special restrictions and they must be accounted for and controlled.
There are serious consequences for mismanagement of the evidence room. They include unsuccessful prosecution, civil liabilities, etc. Even the facility design and construction of the evidence room are important to ensure efficient, secure operation. Obviously, security and cost are at opposite ends of the spectrum. A compromise in the middle is probably the most efficient approach to the problem. Construction cost is always a factor to consider. For instance, concrete block vs. metal siding presents a cost vs. security issue which must be addressed at the planning stage in a new construction project. Some other considerations include proper lighting inside and outside, alarm systems, fire suppression and secure access to the roof are top priority items. Obviously, magnetic card keys may be the most secure, but also the most expensive. In most cases, dead bolts and restricted keys are sufficient and, in fact, many departments make do with padlocks. Yet another supplement to the access systems is the use of video surveillance with motion sensor activation. Some other security measures are a log in and out system, and key security to include changing all entry locks after any personnel changes. For example, does the chief really need a key? Undoubtedly, agency size has an affect on these type questions. However, even if the chief elects not to carry a key, you can bet there will be someone else held accountable. Everyone in this business knows that temptation has been around for centuries. Rumor has it that everyone has their price. Unfortunately, enough cash, drugs or other expensive items can often lead to the downfall of an employee if checks and balances are not in place. Anyone who doubts this is in for a rude awakening and a possible career change in the near future. For example, when handling currency, it is a good idea to use the two person approach when opening packages, making deposits, etc. Tamper proof tape should be standard procedure to secure currency containers. If possible, a sergeant or above should be one of the two people who seal the envelope after counting the money. Likewise, narcotics present the same if not greater temptation to those charged with the storage and destruction of them. Aside from the obvious temptations, the loss or unplanned destruction of these items can be just as detrimental to the agency. Employees charged with responsibility for evidence and property want proper security measures in place to protect their own credibility. No one wants to be in the middle of a scandal where responsibility cannot be assigned to the guilty or negligent party. In addition to security measures, audit controls can help discover concerns and problems early on before they bloom into a full scale disaster. Audits are necessary on a random basis or when there is a significant change in staff. In addition, a new supervisor should request a full scale audit before taking over the operation. That way, you can start with a clean slate and not be held responsible for someone else's mistakes. One thing court T.V. has done for law enforcement is to bring property and evidence collection and storage under public scrutiny. The P&E section can no longer be operated under the red-headed step-child position within the police agency of today. A reality check may be in order for a lot of police agencies around
the country. Better safe than sorry-and besides, it is the right thing
to do. Copyright © 1998 International Association for Property and Evidence, Inc. Reprinted from the Evidence Log, Volume 1998, Number 3, Page 8 |
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