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HomeMy WebLinkAboutProperty and EvidencePolicy 803 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 448 Property and Evidence 803.1 PURPOSE AND SCOPE This policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of evidence and those persons authorized to remove and/or destroy property. 803.2 DEFINITIONS Property - Includes all items of evidence, items taken for safekeeping and found property. Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints. Safekeeping - Includes the following types of property: •Property obtained by the [Department/Office] for safekeeping such as a firearm •Personal property of an arrestee not taken as evidence •Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions Code § 5150 (mentally ill persons)) Found property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. 803.3 PROPERTY HANDLING Any employee who first comes into possession of any property, shall retain such property in his/ her possession until it is properly tagged and placed in the designated property locker or drop slot. Care shall be taken to maintain the chain of custody for all evidence. Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The report/log should reflect the return. Any employee who takes property for safekeeping shall: (a) Complete a Property Receipt form at the time the property is taken for safekeeping. (b) Provide the second copy of the Property Receipt form to the property owner. (c) Attach the original copy to the report. The Officer shall note in the comments section of the evidence screen that the owner of the property was provided with a receipt. At the time owner claims the property, a Release of Evidence/ Property Receipt will be completed and a release fee shall be assessed. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 449 803.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off-duty unless otherwise approved by a supervisor. Employees booking property shall observe the following guidelines: (a) Complete the CAD RMS evidence entry describing each item of property separately, listing all serial numbers, owner's name, finder's name, and other identifying information or markings. (b) Each item shall be packaged into an appropriate size container (i.e. evidence envelope, bag or wrapping). Each item shall be sealed with evidence tape. The employee shall write their initials and the date across the tape in a manner that the writing overlaps onto the packaging. (c) Items which are unable to be packaged shall have the appropriate evidence tag affixed. (d) Officers shall complete a CAD RMS entry, create a bar code evidence label and attach it to the upper right hand corner of each package or envelope. (e) The original property form shall be submitted with the case report. 803.3.2 NARCOTICS AND DANGEROUS DRUGS All narcotics and dangerous drugs shall be booked separately using a separate property record. Drugs that need to be sent for drug analysis are required to be booked in a lab envilope.Paraphernalia as defined by Health & Safety Code § 11364 shall also be booked separately. 803.3.3 EXPLOSIVES Officers who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives. Explosives will not be retained in the police facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials. 803.3.4 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: (a)Bodily fluids such as blood or semen stains shall be air dried prior to booking (b)License plates found not to be stolen or connected with a known crime, should be released directly to the Property and Evidence Clerk, or placed in the designated container for return to the Department of Motor Vehicles. No formal property booking process is required. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 450 (c)All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property should be placed in the bicycle storage area until the Property and Evidence Section Clerk can log the property. (d)All cash shall be counted according to the two person rule (counted by one and verified by another). A supervisor shall be contacted for cash in exess of $1,000. City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 803.4 PACKAGING OF PROPERTY Certain items require special consideration and shall be booked separately as follows: (a) Narcotics and dangerous drugs (b) Firearms (ensure they are unloaded and booked separately from ammunition) (c) Property with more than one known owner (d) Paraphernalia as described in Health and Safety Code § 11364 (e) Fireworks (f) Contraband 803.4.1 PACKAGING CONTAINER Employees shall package all property, in a suitable container available for its size. A bar code label shall be securely attached to the outside of all items or group of items packaged together. 803.4.2 PACKAGING NARCOTICS The officer seizing narcotics and dangerous drugs shall retain such property in his/her possession until it is properly weighed, packaged, tagged, and placed in an evidence locker or evidence drop slot. Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the officer's report. All drugs/narcotics associated with a drug charge shall be booked in a lab envelope with the front filled out and the chain of custody completed . The booking officer shall initial the sealed envelope and the initials covered with cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property. A bar code shall be attached to the outside of the container. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 451 803.5 RECORDING OF PROPERTY The Property and Evidence Section Clerk receiving custody of evidence or property shall record his/her signature, the date and time the property was received and where the property will be stored in the department's CAD RMS system. An evidence number shall be obtained for each item or group of items. The number will print on a bar code label which will be affixed to the item(s). Any changes in the location of property held by the Name of your jurisdiction: Police Department shall be noted in the Department's CAD RMS system. 803.6 PROPERTY CONTROL Each time the Property and Evidence Section Clerk receives property or releases property to another person, he/she shall enter this information into CAD RMS. When practical, officers desiring property for court shall contact the Property and Evidence Section Clerk at least two business days prior to the court day. When releasing audio from the department recording system the Property and Evidence Section Clerk shall make a separate copy of the recording and add it as evidence on all criminal cases. 803.6.1 RESPONSIBILITY OF OTHER PERSONNEL Every time property is released or received, an appropriate entry in CAD RMS shall be completed to maintain the chain of possession. Request for analysis for items other than narcotics or drugs shall be noted on the evidence packaging and/or in the CAD RMS Evidence Table comments field. 803.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY Items of evidence will be shipped to the lab. At that time the items will be noted/checked out in CAD RMS and a release form will be sent with the property. When a release form is returned the form will be scanned into the original report. 803.6.3 STATUS OF PROPERTY Temporary release of property to officers for investigative purposes, or for court, shall be noted in CAD RMS, stating the date, time and to whom released. A property release form should also be completed. The Property and Evidence Section Clerk shall obtain the signature of the person to whom property is released, and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity. The return of the property shall be noted in CAD RMS. 803.6.4 AUTHORITY TO RELEASE PROPERTY San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 452 The Investigating officer shall authorize the disposition or release of all evidence and property, except found or safekeeping property, coming into the care and custody of the Department. 803.6.5 RELEASE OF PROPERTY All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation. Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or detective and must conform to the items listed on the property form or must specify the specific item(s) to be released. Release of all property shall be documented on the property form. With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 90 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports. A Property and Evidence Clerk shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the original property form. After release of all property entered on the property control card, the card shall be forwarded to the Records Bureau for filing with the case. If some items of property have not been released the property card will remain with the Property and Evidence Section. Upon release, the proper entry shall be documented in the Property Log. Under no circumstances shall any firearm be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865. The Property and Evidence Section Supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and if so, the firearm should not be released to the person while the order is in effect. The [Department/Office] is not required to retain any firearm or other deadly weapon longer than 180 days after notice has been provided to the owner that such firearm or other deadly weapon is available for return. At the expiration of such period, the firearm or other deadly weapon may be processed for disposal in accordance with applicable law (Penal Code § 33875). 803.6.6 DISPUTED CLAIMS TO PROPERTY Occasionally more than one party may claim an interest in property being held by the [Department/ Office], and the legal rights of the parties cannot be clearly established. Such property shall not be San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 453 released until one party has obtained a valid court order or other undisputed right to the involved property. All parties should be advised that their claims are civil and in extreme situations, legal counsel for the [Department/Office] may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)). 803.6.7 CONTROL OF NARCOTICS & DANGEROUS DRUGS The Property and Evidence Clerk will be responsible for the storage, control, and destruction of all narcotics and dangerous drugs coming into the custody of this department, including paraphernalia as described in Health & Safety Code § 11364. 803.6.8 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm, the Property and Evidence Clerk shall return the weapon to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met unless the firearm is determined to be stolen, evidence in a criminal investigation or the individual is otherwise prohibited from possessing a firearm (Family Code 6389(g); Penal Code § 33855). 803.6.9 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS Firearms and other deadly weapons confiscated from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows: (a)If a petition for a hearing regarding the return of the weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the weapon shall be released or disposed of as provided by an order of the court. If the court orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and written notification from the California Department of Justice (DOJ) which conforms to the provisions of Penal Code § 33865. (b)If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the weapon is not retained as evidence, the [Department/Office] shall make the weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ which conforms to the provisions of Penal Code § 33865. (c)Unless the person contacts the [Department/Office] to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed or retained as provided in Welfare and Institutions Code § 8102. 803.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 454 the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120). If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the San Luis Obispo Police Department determines him/ her to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000. 803.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The Property and Evidence Clerk shall request a disposition or status on all property which has an adjudicated status or has been held past the filing deadline. 803.7.1 EXCEPTIONAL DISPOSITIONS The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction: • Weapons declared by law to be nuisances (Penal Code §§ 29300; 18010; 32750) • Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a) • Counterfeiting equipment (Penal Code § 480) • Gaming devices (Penal Code § 335a) • Obscene matter ordered to be destroyed by the court (Penal Code § 312) • Altered vehicles or component parts (Vehicle Code § 10751) • Narcotics (Health and Safety Code § 11474, etc.) • Unclaimed, stolen or embezzled property (Penal Code § 1411) • Destructive devices (Penal Code § 19000) 803.7.2 UNCLAIMED MONEY If found or seized money is no longer required as evidence and remains unclaimed after three years, the Department shall cause a notice to published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such notice shall San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 455 state the amount of money, the fund in which it is held and that the money will become the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051). Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055). If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this City and transferred to the City's General Fund. 803.7.3 PROPERTY FOR DIVERSION General Property for Departmental Use (Diverted Property) (a) Property may only be used by the City for training, work, or undercover operations if the property is diverted by the following procedures: 1. The Property Clerk or Employee requesting the property shall send a memo requesting the diversion of the property via chain of command. 2. No property is to be diverted for use by the City until after proper authorization has been received from the Chief of Police and/or the City Manager. (a) An exception to the required memorandum are the use of bicycles for City use. 3. Once the Chief of Police and/or City Manager have approved the memorandum the property may be diverted for Departmental use. Firearms for Departmental Use (Diverted Firearms) (a) Firearms may only be used by the City for training, work, or undercover operations if the property is diverted by the following procedures: 1. Firearms that have been unclaimed and marked for destruction may be examined by Range personnel in order to identify those which would be useful to the City for official use. 2. The Property Clerk or employee requesting the firearm(s) shall submit a memorandum through the chain of command to the Chief of Police requesting the diversion of the firearm for City use. 3. Once approved, the Chief of Police will forward the request for diversion to the City Manager for approval. 4. No firearm shall be diverted for City use until after proper authorization has been received from the Chief of Police and the City Manager. 5. Once approved by the Police Chief and City Manager, the firearm(s) make, model, serial number, caliber, and any other necessary descriptors shall be forwarded San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 456 to Communications so the firearm(s) may be entered into the Automated Firearm System (AFS) as being retained by the City for official use. 803.7.4 RETENTION OF BIOLOGICAL EVIDENCE The Property and Evidence Section Clerk shall ensure that no biological evidence held by the Department is destroyed without adequate notification to the following persons, when applicable: (a) The defendant (b) The defendant's attorney (c) The appropriate prosecutor and Attorney General (d) Any sexual assault victim (e) The Investigation Bureau supervisor Biological evidence shall be retained for a minimum period established by law (Penal Code § 1417.9) or the expiration of any sentence imposed related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Department within 90 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Investigation Bureau supervisor. Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor's office. Biological evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations. Even after expiration of an applicable statute of limitations, currently 10 years, the Investigation Bureau supervisor should be consulted and the sexual assault victim should be notified. Furthermore, the investigating officer or investigator should be consulted prior to disposal. 803.8 INSPECTIONS OF THE EVIDENCE ROOM (a) On a monthly basis, the supervisor of the Property and Evidence Clerk shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. (b) Unannounced inspections of evidence storage areas shall be conducted as directed by the Chief of Police. (c) A bi-annual audit of evidence held by the department shall be conducted by a Bureau Captain or Lieutenant (as appointed by the Chief of Police) not routinely or directly connected with evidence control. (d) Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual(s) not associated to the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2017/08/28, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 457 property room or function to ensure that records are correct and all evidence property is accounted for. 803.9 PROPERTY INTENTIALLY ABANDONED ON RENTAL PREMISES Whenever any landlord, owner, manager, or their agent, of any residential rental property calls to report property abandoned by a previous tenant at the rental, the situation should be assessed to determine if a reasonable belief exists that the property has been intentionally abandoned by the owner. If such reasonable belief exists, the owner, manager or agent should be referred to California Civil Code Sections 1980 through 1991 ("Disposition of Personal Property Remaining on Premises at Termination of Tenancy") for the civil process to dispose of the property. The responsible employee shall confirm through CLETS when possible that the property in question has not been reported stolen or lost. Department personnel will generally not respond on these types of calls unless directed by a Watch Commander, or if other extenuating circumstances exist that would necessitate a field response. Specific legal advice as it applies to these sections will not be given by Department personnel; Landlords should be instructed to consult with their attorney for any legal advice. .