| International Association for Property
and Evidence, Inc. |
Evidence Log - Volume 2006 Number 3
|
Dialogue - Reader Correspondence
Judith Healy
Drug Enforcement Agency
Alexandria, VA
COMMENT:
Do you have standards that specifically address the ventilation in
drug and non drug evidence rooms (e.g. dedicated ventilation under negative
pressure so that nothing escapes from the room ... 20 air changes per hour,
etc.)? I am looking for a specific standard for our facilities person to
use in construction. They don't believe that ventilation is needed for
these rooms!
RESPONSE:
Judith - There are no written standards other that what IAPE has suggested.
Our standard (came from a mechanical engineer) who suggested 7-10 changes
per hour. Twenty (20) changes per hour would be great as it would probably
guarantee the odors being removed. There are some commercial air filtering
systems - visit our website www.iape.org (advertisers). There have been
a number of property rooms across the country that have been closed or
had to be completely decontaminated due to mold. It is an absolute necessity
in a new or remodeled facility. I have also seen worker compensations claims
related to quality of air in property.
Michelle Wharton
EI Cajon Police Department
El Cajon, CA
COMMENT:
Do you have any contacts that will dispose of gas cylinders, aerosols,
gasoline, etc.? Thank you!
RESPONSE:
Michelle - this is a first - and no I don't! Have you checked with
the fire department? Consider contacting the vendors that sell the gas
cylinders - that may be an option.
Rebecca McGregor
Tukwila Police Department
Tukwila, WA
COMMENT:
Even if pictures are taken and processed according to departmental
policies and procedures, should Officers be using their personal digital
cameras to take photos, or should they be using departmental equipment?
RESPONSE:
Rebecca - interesting question. With today's ever changing technology
we have created some interesting challenges. I really like the ability
of law enforcement to take photos at crime scene as quickly as possible
to document the incident. Some questions: Are the officers using their
own because there is only one camera available for all officers on duty
or are they using them because they like theirs better?
My biggest problem with officers using their own is that it becomes
almost impossible to ensure that the images aren't being retained for personal
use, diary, showing friends or for personal gain. Can you imagine an officer
with his own personal camera taking a photo in a case such as the Lacy
Peterson Case, OJ Simpson case, etc. and later selling it to the press?
Wow! I guess I have some problems with the process if it's not mandated
by policy and enforceable that the images shall be stored / retained by
the department only!
Cathy Nevara
Oswego Police Department
Oswego, IL
COMMENT:
I was wondering if you have any plans to create a message board for
IAPE
members.
RESPONSE:
Cathy - We will discuss with the IAPE Board and our webmaster.
Susan Harrison
Loudon County Sheriff's
Office Lenoir City, TN
COMMENT:
I attended your class in Pigeon Forge and was hoping for some guidance
on a matter. I have some tapes that are received daily from the surveillance
system of the jail and building. We keep these tapes for 120 days and then
rotate them back into the system. We now have some that we feel have been
taped over enough that they should be destroyed. I do not have all of my
policy written as far as tapes are concerned. Should I have a judge sign
off on this destruction? Since it is technically not evidence or will not
be used in the future as evidence can they be destroyed if it states this
as a procedure in our policy?
RESPONSE:
Susan - we really like staying aware from giving advice in situations
like this when there may be some legal issues that we aren't aware of.
I would consult with your county attorney and ask for a written legal opinion.
I know in the department I worked at when the tapes wore out we just tossed
them. We didn't consider them evidence. However if they had data on them
that documented a crime or jail incident that needed to be retained we
would actually book them into the property room as evidence and then dispose
in accordance with our polices with evidence.
Jim Hunter
Tulsa Police Department
Tulsa, OK
COMMENT:
Do you have any data on who does the research to determine if the case
is adjudicated and the evidence/property can be purged? Our detectives
do the research right now and I was wondering if that is how it is done
in most agencies. If you do not have that data then I would submit it as
a poll question. The options would be detectives, detective supervisors,
property room personnel, or any others that you think may apply.
RESPONSE:
The answers are generally all over the place. Regardless of who does
the research - the detective or officer needs to make the final decision.
One advantage of property doing the research is that they have a motive
for getting the evidence moving. However if property does the research,
your staffing may need to increase 30 - 50% or more due to the tremendous
amount of time it takes in getting the necessary info back from courts,
prosecutors, probation, etc. One relatively large department here in California
had 5 people working in property; two of whom spent their entire 40 hour
weeks doing the research (nothing else) and they were way behind in the
purging process. In some cities the info is relative easy to track down
while other departments require numerous phones, emails, personal visits,
databases, etc. The availability and ease of retrieval makes a big difference.
Back to Table of Contents
Copyright © 2006 International
Association for Property and Evidence, Inc.
Reprinted from the Evidence Log,
Volume 2006, Number 3, Page 21
|