There are very few problems arising in Property Rooms that have not been addressed by other professionals in other Property Rooms. Here's the chance to take advantage of the collective expertise of about 3,000 property and evidence professionals. If someone else has addressed your problem is here, it could save you time and energy in producing a solution. If it isn't here, then let us hear from you!

Dialogue between Technician Amy Cotterman, West Valley City (UT) Police Department, and IAPE Executive Director Joe Latta:

Cotterman: My department is looking into blood drying rooms, lockers, etc., and we are having a hard time finding a good solution to our blood drying needs. Do you have any suggestions, and also have you ever heard of a prefabricated blood drying room. Thanks !

Latta: Check the IAPE website and TheEvidenceLog© magazine for several vendor options. Included here are a couple of photos of departments that have built their own units using prefabricated residential shower units. One department built it into a closet that can be secured, utilizing negative air pressure to an exhaust vent. The other built it into a free-standing, elevated unit in a secure room. Both agencies thoughtfully included hose bibs to ease clean-up, and both used HEPA filters in the exhaust ducting.

******************** 
Dialogue between Evidence Custodian Supervisor Elizabeth Ann Clifton, Calcasieu Parish Sheriff s Office, Lake Charles (LA), and IAPE Executive Director Joe Latta:

Clifton: Joe, Please advise me of the definition of Evidence in reference to a Property Room, not a court definition. Our detectives are asking us to keep documents such as search warrants, return search warrants, photo line ups, drawings, and copies of various documents which are generated during an investigation.

Latta: The definition that we use in our Property Management classes is that Evidence is "Property that may be related to a crime which may implicate or clear a person of a crime"

Clifton: Do you consider these things to be documentation of evidence or actual evidence. I do not want to become a record department. Thank you!

Latta: Traditionally you would never hear of a Property Room having to keep documents related to acase. This was almost exclusively handled by the Records Bureau or some similar unit dealing exclusively with official records.

Recent court decisions in California have prompted some Police Departments to require that the handwritten notes and drawings of Detectives generated at the crime scene or during the actual investigation be booked as evidence. They are susceptible to being subpoenaed by the defense, possibly even after the Detective who prepared them is no longer with the agency. That may or may not be an issue in your state, and you should check with your legal advisors for that issue.

The other things you mentioned are pretty clearly NOT evidence. A guideline for agencies that have "retention schedules" might be that anything that is on that schedule is an official record, not evidence. Obviously a "records" document with a germane fingerprint or blood stain would be an exception. I hope this helps.

********************

Dialogue between Captain Mark J. Petterelli, DeWitt (NY) Police Department, and IAPE Executive Director Joe Latta:

Petterelli: I am looking for recommendations or sample policies on the securing of cash in the Property Room. Currently all our cash is kept in a safe, but we would like to secure as much as possible in a stand alone bank account so as to not have all that cash on hand. Any guidance, suggestions or sample polices would be greatly appreciated.

Latta: Captain, I sent you a policy that was developed for a department in California shortly after their Property Room money was all stolen, so you are on the right track minimizing the amount stored in your Property Room. Hopefully the content and format will give you some ideas. (You will see the complete policy in the next issue of TheEvidenceLog©.

********************

Dialogue between Asst Property Room Custodian Lloyd Brown, Larimer County (CO) Sheriff s Office, and IAPE Executive Director Joe Latta:

Brown: Hello, Lt Latta. I just completed the certification test successfully, and I have a comment on the only question that I missed: "Destruction of seized firearms should occur only with a __________' s approval."  I answered "Judge," which is the final required approval in Larimer County, Colorado. Of course, "case investigator" is the answer required, but the question is ambiguous. Anyway, I'm happy to join the IAPE and have your educational material available. Thanks for all your work.

Latta: Lloyd, We are always looking for the "best" answer even if another is partially right. The thought process behind this question is that even if the Judge authorizes the destruction, he would not be aware of other cases being worked that may need the same gun as evidence in a separate adjudication, so it's always best to give the case investigator the final say.

I'm aware of past situations in which Property Officers have made destruction decisions based on the judge, prosecutor, or a court disposition sheet, and after the gun gets destroyed the detective advises the Property Officer that he needs the gun for another case. You don't even need to doubt who would be blamed by the detective, do you?

********************

Dialogue between Sergeant Frank Moore, Gwinnett County (GA) Police Department, and IAPE Executive Director Joe Latta:

Moore: Joe, I hope that this finds you well. My folks, and others, are still talking about your class. You obviously made an impression. I wanted to ask your opinion about an issue that has come up recently.

We have had 3 incidents in the past couple of months where methamphetamine was turned into evidence, double bagged as per policy, and within a week of having it transported to the crime lab for analysis it liquefied. The substance also began to eat through the first bag. Upon arrival to the crime lab, this last trip, they would not accept it the way it was packaged. Their solution was for us to place the packages, as is, into an unlabeled aluminum paint can, seal and label it.

It's apparent that the bad guys who are making this crap have changed their ways and the chemical composition is breaking down within a couple of weeks of seizure. My Techs., along with me, are not chemists, we do not know how, nor have we been trained, to handle this stuff in a safe manner once it breaks down. Can you offer any suggestions on how we should be handling/packaging this stuff. I would appreciate any thoughts you may have. Thanks in advance.

Latta: Frank - I spoke with a close friend of mine who works on clandestine meth lab investigations all over Southern California. I asked him about the liquefaction of meth and that was the first time that he had ever heard of meth changing like that. Are you sure it was meth, or could it have been something else? 

His recommendation for a substance like you're describing is a two-step process, first placing the substance in a two oz. sample jar. See the website http://www.vwrsp.com for a source.

Second, place the sealed sample jar into a secondary containment using a Kapac plastic envelope to insure that any leakage is contained. One potential problem with aluminum cans, according to my source, is that certain chemical compounds can eat through metal. He suggested that you contact your local DEA agent or the lab that they use in your area.

********************

Dialogue between Evidence Officer Kim Massie, St Clair County (AL) Sheriff's Department, and IAPE Executive Director Joe Latta:

Massie: I recently attended your class in O'Fallon (IL). I don't have my binder with my note, and could not remember the name of the product that Wal-Mart has started using for tracking shipments of certain medications. It had a chip in it instead of using bar-code technology. Could you please let me know the name of the product, as I am interested in evaluating this technique. Thank you in advance for your assistance.

Latta: Kim, it's not a specific product, but a new technology. The generic term is Radio Frequency Identification (RFID). If you query an internet search engine for RFID technology and Wal-Mart you will be surprised at the hits you get.

I just ran "Wal-Mart RFID" without the quotes on Google, and got 3,700,000 hits. I only looked at the first page of entries, but they were all on Wal-Mart's use of RFID technology and the implications it has for them, on various economies, on other industries, etc. You can easily find more information on that topic than you can digest. Best wishes in your quest.

********************

Dialogue between Property Officer Anonymous, Guess Where Police Department, and IAPE Executive Director Joe Latta: 

Anonymous: Joe, I would like to know if you could give me a professional opinion on a situation that came up at two recent Homicide Scenes. It seems like such a fundamental procedure, I can't believe that it has become a major topic of argument between our agency and the local Major Crimes Task Force.

Here is the situation: The Task Force responds with their evidence personnel to process major cases upon our department's request. During the recent case they tried to turn over all of the evidence that they collected in open, unsealed bags. We refused to accept their evidence unsealed and they refused to seal the containers! They wanted us to seal them after we accept the items into our custody.

Another issue with the same task force personnel is their procedure of not marking any of the packaging with the initials of the collector, date and time that the item was collected, or even an item number. This is not an oversight by some individual officer - this is their procedure! Their teams of technicians all individually collect their items and then place in their report that all of those items were collected by one officer.

Our property officer at the scene finally refused to accept any of their evidence. Their evidence team supervisor begrudgingly agreed to seal and mark their packaging after much argument.

OK, right now you're probably thinking that this is a joke. Joe, I wish it was! The situation has become so serious that we requested a meeting with the administrators of the Task Force to discuss these collection and packaging issues. That meeting will be next week and we are going to present an opinion from our state property association that their procedure is inappropriate and against all accepted professional procedure. We would also like to present them with your opinion and/or that of the I.A.P.E. if you feel that is appropriate. Thank you for your consideration.

Latta: Based solely on your description of the incidents, it appears that the evidence practices fail to meet the most elementary standards. In fact, testimony from one of the participants that the evidence was collected by the designated person could be considered perjury.

********************

Dialogue between Evidence Custodian Naomi Roberts, Bloomfield (NM) Police Department, and IAPE Executive Director Joe Latta: 

Roberts: Several of the agencies in our area have purchased a digital camera system called Flashback. The program automatically downloads the patrol unit video onto a server, and then the officer later logs on and enters case information for the video clips that may be used in court. The software also allows photos or other media to be store digitally.

We are currently using a bar-code system to log evidence. Videos and photos were normally stored on a disk and placed into evidence with a bar code. If the DA or another attorney requested that evidence, a copy was made. With this new system, the information is stored in the server (and eventually purged onto a DVD). We have the ability to copy the case to DVD whenever needed. The system maintains a record of everything done to the video, including who's viewed it or copied it, etc.

The question is: when an officer thinks that he may be using the video as evidence, should he create a DVD and log it into our regular system. Or is it more sensible to leave it in the Flashback system and just create a copy when requested? And if that is the case, it seems like it would be sensible to input our photos into the Flashback system as well?

All of the agencies here are handling this issue differently. I would like your objective and knowledgeable opinion, so that I know I am "seeing the full picture". I feel there are possible situations or problems that I may not be considering. I appreciate your time and consideration.

Latta: That's an interesting question, Naomi. Although I'm not familiar with that particular system, my thought is that it would be much the same as storing your other photos, such as digital stills, 35 mm negatives, prints and slides, and Polaroid prints. Is the Flashback system secure, with limited access to the hardware, and appropriate safeguards on access to the files? If you store other photos outside of the Property Room now, then there doesn't seem to be much difference. The officer's testimony would be the same as with a hard copy print, i.e., that what is admitted accurately represents what he or she saw at the scene.

********************

Dialogue between Police Services Advisor Peter Osinga, Ministry of Community Safety and Correctional Services, Policing Services Division, Toronto, Ontario, Canada, and IAPE Executive Director Joe Latta: 

Osinga: Hi Joe: I have been having a debate with one of the members of my inspection team over storage of drugs. Big police services generally have separate storage for drugs, however some smaller services do not. Recently we inspected a police service with about 20 members. Drug envelopes were stored with regular property on a shelf. Although secured, it seems to me that best practices will suggest that even in a small police service, drugs be kept in a separate, secondary secure location.

Inspection members' opinion differ on this issue. What say the experts? Is this a non issue or have you run into this question before. One could argue the same for guns, cash, and valuable jewelry. Thanks!

Latta: Peter - You are right on! CALEA, IACP, California POST, and IAPE standards are all consistent on this issue. They and everything else that has ever been written about property and evidence recommends separating, guns, money and narcotics from other items, and placing them in more secure storage. Although a separate room is often used in larger agencies, a separate room is not necessary to have increased security.

For example, a single, secure Property Room could include a small safe for money, a locked file cabinet for narcotics (one or two drawers for Narcotics envelopes, and the balance for bulk narcotics would be sufficient for many small agencies), and a padlocked heavy plywood door over the shelves designated for firearm storage. Valuable jewelry could be placed in the safe with currency if desired.

To document the above, the CALEA and IAPE standards should be in your notebook from the class. The IACP concept paper which should be in your reference material also provides additional documentation for the same concepts.

********************

Dialogue between Evidence Technician Kathy Domesla, Greeley (CO) Police Department, and IAPE Executive Director Joe Latta:

Domesla: We are in the process of building a new police facility. The question has come up about humidity levels in the evidence storage area since we are considering using evaporative cooling. Can anyone tell us if there are standards for this? Any comments would be helpful.

Latta: Kathy - very little has been formally written about humidity. In January 2001, the Attorney General of California called together individuals from law enforcement, district attorney offices, and judiciary and forensic laboratories to form a Post-conviction Testing/Evidence Retention Task Force. Since it is the responsibility of governmental entities, including the courts, in felony conviction cases to retain evidence after conviction in a manner suitable for DNA testing, the Task Force report was to provide information on compliance with the law's mandate regarding biological evidence. 

This is one of the few documents that I have seen that refers to the topic of humidity. Take a look at this info, and then talk it over with your local crime lab before making the call on how they want items stored. I hope this helps!

Following are all of the references to "humidity" in the Attorney General's document:

In order to maintain the possibility of successful DNA testing with techniques currently in use, evidence containing biological material:

• Should be stored in a dried condition.
• Should be stored frozen, under cold/dry conditions, or in a controlled room temperature environment with little fluctuation in either temperature or humidity.
• Should not be subjected to repeated thawing or freezing.

 
Liquid samples, including liquid blood, collected in glass containers (e.g., blood collection tubes) should not be frozen. Freezing may cause the glass container to break. Liquid blood can be refrigerated for a short period of time. For long-term storage of liquid samples, the samples:

• Can be transferred onto clean cloth or filter paper
• Dried at room temperature
• Should be stored frozen, under cold/dry conditions, or in a controlled room temperature environment with little fluctuation in either temperature or humidity

Cold/dry storage conditions refer to storage of evidence at a temperature at or below °F (45°F) and humidity not exceeding 25% relative humidity.

Controlled environment refers to a storage environment that employs environmental controls (heating and air conditioning) that limit fluctuations in temperature and humidity.

Room temperature typically refers to a range of temperatures between 15.5°C (60°F) and 24°C (75°F). Humidity in the storage areas should not exceed 60% relative humidity.

Latta: Jessica - The document that I sent to you has all of the quotes above and below, but for the readers interested in temperature as well as humidity, here are quotes from the same document that relate to "temperature" without a mention of "humidity."

EXPERIENCE WITH STORAGE HAS SHOWN:

• Evidence containing biological material suitable for DNA testing is best stored in a dried condition.
• Storage of evidence containing biological material in a wet or moist condition may result in the degradation or loss of DNA evidence.
• Colder temperatures retard degradation better than warmer temperatures.
• When evidence containing biological material is in a dried condition and stored at room temperature, the biological material may be typeable much longer than one year.

RESULTS OF LABORATORY STUDIES

Controlled laboratory studies have shown that:

• When evidence containing biological materials is stored in a dried condition at room temperature, the biological material should still be typeable at one year or longer.
• Evidence that originally contained a minimal amount of biological material may not be typeable due to the amount of DNA rather than due to any degradation that occurs as a result of storage at room temperature.

DRY EVIDENCE

Wet or moist evidence containing biological materials should be removed from direct sunlight, air dried, and stored frozen, under cold/dry conditions, or in a controlled room temperature environment as soon as practicable after collection. Elevated temperatures (e.g., hair dryer) should not be used to expedite the drying of wet or moist evidence.

Room temperature conditions are satisfactory for drying evidence. Spreading the evidence items out and exposing them to room air can quicken the drying process of folded or bulky items. Care should be exercised to prevent transfer or loss of biological material or trace evidence during the drying process.

Dialogue between Property Officer Anonymous, Could-b-u Police Department, and IAPE Executive Director Joe Latta:

Anonymous: Joe, I am in need of some help! Our current (and new) Chief has mentioned getting a key to our evidence room! Currently only myself and my immediate supervisor have that key. We have both been to training and have practical working knowledge of the evidence room. Do you have any reference material I can get my hands on to document for the Chief why it would not be a good idea for him to have access into our room? Thanks!

Latta: Our IAPE standards actually address the concept of keeping everyone possible out of the Property Room, as do most recognized standards. Even though our standard doesn't specifically suggest keeping the chief from having access, the fact is that more and more and more chiefs are saying, "I don't want the key." The reason is that if something is missing, then every person with access is suspect. If the chief has a key, he or she must be listed in the report as a person with access, and should be interviewed just as the others with access would be.

As a separate issue, is it logical that a person with key access to the property room can be sufficiently impartial to be the deciding party on an internal investigation into a property room theft? Even worse, the chief makes decisions about criminal and administrative investigations related to Property Room thefts.

Even if the chief could remain completely impartial, the media would have a field day with the story that the chief with a key had decided that the other person with a key must have stolen a missing item. If the chief MUST have a key, try to convince him that he should NOT have the alarm deactivation code. That provides some "checks and balances" related to Property Room security.

Below is the applicable section of IAPE Standards, Chapter 8, Security and Alarms. The entire set of standards is available on the IAPE web site at www.IAPE.org.

POLICY

A written directive should require that only authorized personnel have access to the areas used by the agency for storage of property and evidence. Entry to property areas should be controlled to prevent the alteration, unauthorized removal, theft, or other compromise of property stored by the agency to maintain a chain of custody. No one other than property room personnel should have keys to the property storage areas. During non-business hours the department needs to establish a written protocol for entry into the Property Room. It is always suggested that the Property Officer be called-in for the entry. If this is not practical a two-person rule is necessary.

All extra keys should be sealed in an envelope that is kept in a safe location designated by the agency head. A log should be maintained to indicate the date, time, necessitating circumstances, employee, and supervising person using the key whenever the seal on the envelope is broken. Whenever these keys are used, a written record must be prepared to justify the use of the duplicate key.

ACCESS & SECURITY

The entry to the property or evidence storage areas must be controlled to ensure the evidentiary value of the items and to prevent the alteration, removal, theft, destruction, or the commission of other activities that might compromise the material. Ideally, no one should access the property/evidence room other than property/evidence room personnel. Occasions may arise when access to the property/evidence room is imperative in the absence of property/evidence room personnel. Agencies should consider establishing emergency access procedures that may include a two-person rule.

Key-holding personnel should be limited to only those persons who regularly work in the room, and the Division Commander who is in the direct chain of command should keep a spare key. The Division Commander should be responsible for supervising when locks are changed. Under no circumstances should a key to the main property room be kept in the Watch Commander's office.

********************

Dialogue between Randy Moormann, of the Jefferson County (AL) Sheriff s Department, and IAPE Executive Director Joe Latta:

Moormann: After a murder has been solved, the individual jailed for life without parole, how long do you keep the evidence?

Latta: Randy - In some states it is governed by statute, but in most it relies on the decision of the prosecutor, so I would check with him or her. Since DNA evidence is being used to free people every few days, many prosecutors are hesitant to get rid of evidence that would be beneficial if a retrial were to be ordered or a judge were to order testing (one-testing) of remaining evidence. Check the website at http://www .innocentproject.org/ for many accounts of prisoners, including death row inmates, being freed based on DNA evidence examinations. 

*************

Dialogue between Property and Evidence Coordinator Michelle Ness, Rochester (MN) Police, and IAPE Executive Director Joe Latta:

Ness: Mr. Latta, Hi again! We're moving ahead with construction of the vault. Bud Stolpa from Red Wing, MN, created some gun racks some time ago that were featured in The Evidence Log© [Vol. 2004, No. 1]. We just made some shelves ourselves using his design, and the new racks will hold MANY more guns than we first thought - as many as four guns per slot, and we have about 115 slots. (Quick math gives us about 450 guns.)

The floor space it takes up is only about 5 feet wide and 11 feet long. I love the way it came out and would gladly show it off. And all of that is at the amazing cost of $76 for parts and a few hours of a Captain's wage. He wasn't doing anything else this week anyway (Ha!).

If anyone else is looking for motivation or a design idea, here are some pictures to share. Just make sure Bud Stolpa gets proper credit ... and our THANKS!

Latta: Enough said! Thanks, Bud!