This is the 11th article in a series on Property Standards starting with the editorial “Who Makes Property Standards?” in The Evidence Log© Volume 96, Number 2.  If you are interested in the earlier articles, check the I.A.P.E. web pages.  If you would like to see one that isn’t there yet, drop an e-mail with the request to Webmaster@IAPE.org.

          Please excuse the title, but it is to make a point, just in case you may have missed it in the last issue’s article on  Purging.  You can stop purging evidence, but there are only two good reasons for doing so.  You can stop purging evidence to purge Found Property for a while, and you can stop purging evidence to purge Property for Safekeeping for a while.  Other than that, you can never stop purging evidence if you want to maintain an efficient property room operation.

          We do, however, eventually have to stop talking about purging, so this article will provide some final assistance and then close up a couple of loose ends related to purging, and in next quarter’s issue we will move into some new territory.

          In the last issue we spoke of forcing the detective or case agent to make regular decisions on whether or not to maintain each item of evidence.  Several options were discussed, but each involved sending some type of form to the detective for a written decision on whether to release, destroy or maintain each item.  Obviously a computerized print-out listing all property tags and items grouped by detective assigned, with detectives grouped by their supervisor, would be ideal.  For the rest of us, we must accomplish the task manually.  A photocopy of the property tag with a rubber stamp on the bottom or even on the reverse of the copy can do an admirable job.  For a petty cash expenditure you can have a rubber stamp made similar to the one shown below.  Using this stamp as a form provides sufficient information for the detective to identify the case on which the property was booked.  It is easy for the detective to complete, especially if he or she wants to dispose of all of the property on the tag.  It requires justification for any property retained, and it identifies the person making the decision and when it was made.
 

          With this suggested form, we must leave the purging of evidence and mention two other areas that require regular purging to avoid  property overload in your storage areas.  On the bright side, however, these two areas are substantially easier to monitor than evidence.  That is partially because they are relatively fast turnaround items, and partly because well designed procedures can force other people to do much of the work for you.  We’ll even throw a potential revenue source in for you. 

          One additional area of specialized purging is Found Property.

A reasonable attempt should be made to locate owners of property in the custody of the agency and notify them of its status.  If possible, release back to the owner should be effected as expeditiously as is consistent with applicable law. CALEA, 84.1.1

          The other additional area of specialized purging is Property for Safekeeping.

A reasonable attempt should be made to locate owners of property in the custody of the agency and notify them of its status. If possible, release back to the owner should be effected as expeditiously as is consistent with applicable law.  CALEA, 84.1.1

          All too often an arrest is made for a particular crime, and all of the suspect’s personal belongings end up being seized for no apparent reason.  This is an education issue with the officers, and with the supervisors, who should not allow such action to take place.  It is understood that a number of transients and homeless people are routinely arrested, and sometimes there is no option but to secure the property. 

          In order to speed up the process, the owner must be made accountable for the final action.  Providing the notification during the booking process in the jail eliminates trying to find the person again for a notification, and immediately starts the mandated waiting period for disposition.  After the prescribed time the property can be disposed of with no further action.  It is also suggested that if a policy such as this is implemented, that it be incorporated in the Department’s written directives. 

          The booking sheet which is returned to the arrestee should have the following printed prominently just above the arrestee’s signature block.  “Failure to arrange to have your property picked up from the above agency within ?? (??) days will result in your property being destroyed or sold at public auction as prescribed by state law.”  [Use your minimum state-mandated waiting period. ed]

          Copies of all of these forms should go to the Property Unit and be placed in a tickler file.  At that time it can be immediately disposed of if it has not previously been picked up.  This system is optional, but if it is not utilized you may be forced to keep shopping carts full of personal items while you attempt notification of the transients that had them.

          A specialized portion of Property for Safekeeping is firearms taken pursuant to domestic violence situations or temporary restraining orders (TRO’s).  Weapons taken under those circumstances present a unique type of Property for Safekeeping.  The owner is known, and he or she usually wants the property back, but there is a legal constraint prohibiting the agency from releasing the weapons.  As domestic violence laws change and more guns are stored under TRO’s, consideration should be given to charging a storage fee while the gun is in the custody of the Department.  Some states authorize the Department to recoup all costs via such fees.
In this issue of The Evidence Log© and the last one we have pretty much overdosed on the issue of purging.  The bottom line is that purging is the second of two primary principles of property room operation. 

          You must maintain the integrity of the property for it to be of value as evidence, and you must get rid of it to make room for the next item.  “Back to basics” should remain the central theme. 

          That obviously is an oversimplification, but it’s no worse than the explanation of fire science given recently by a long time fire chief.  He summed it up as, “Just put the wet stuff on the red stuff.”