Evidence 101

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Evidence 101

• Presented by
• Bob Huestis-Lakewood PD
• Tony Wilbon-Aurora PD

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Introduction

• We will examine what evidence is
• We will learn how to properly book, package and
  document property

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Agenda

• Accreditation Standards
• Policies and Procedures
• Legal Issues in Property Management
• A View of Lakewood and Aurora Evidence rooms

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Legal Issues
Purse
Cash

• Property is held in Police Custody
• for 4 Reasons
• The investigation of a crime
• Recovery of lost or stolen items
• Safekeeping and return to owner
• Abandonment by the owner

Guns
Coat
Fiber
Drug
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Evidence

• Evidence is property that has significance as a
  means of determining the truth as an alleged
  matter of fact.

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PROPERTY

• Property is everything that is subject to
  ownership, not coming under the denomination of
  real property.
• Police custody of property implies a
  responsibility on the part of the police agency,
  to care, preserve, and secure the property while
  it is under our control.
• Possession of property gives the police
  agency only temporary rights to that property.

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FOUND PROPERTY

• Most found property is non-evidentiary. Found
  property is held for 30 up to 60 days or until
  ownership can be determined. All non-evidence
  must be authorized for release when booked.
• A finder may claim finders rights
• for any unclaimed property which is not
  contraband or potentially dangerous in nature.

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Chain of Custody

• The chain of custody is necessary in order to
  establish the legal sufficiency of evidence once
  it has come into the custody of the police
  agency. That is to say that the evidence has not
  been lost, that no tampering of the evidence has
  occurred, and the evidence has not been
  contaminated, either by other evidence stored
  nearby, or the container in which the evidence is
  stored.

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Maintaining the Chain of Custody

• The number of persons handling evidence from the
  time it is secured should be limited.
• Individuals who handle the evidence should affix
  their names and badge numbers on the seals to
  the package containing the evidence and the chain
  of custody sign in and out form/log.

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BOOKING PROPERTY

• Policies and Procedures
• Packaging
• Evidence Seals
• Securing Evidence
• Documentation

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Legal Requirements

• The property control system must meet all legal
  requirements. These include federal, state, and
  local laws and ordinances. These statutes and
  ordinances very often dictate the methods and
  procedures for handling, storage and disposal of
  property.

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Policies and Procedures for booking are available
for reference in the work area.
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Property Technicians will assist you with
property booking questions.
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Money
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Incorrectly booked property will be held in the
locker for you until you respond to make
corrections.
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• Packaging and
• handling of evidence

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V. PACKAGING AND HANDLING OF EVIDENCE

• A. EVIDENCE ASSOCIATED WITH ANY CRIME CAN BE SO
  VARIED IN TYPE, PHYSICAL STRUCTURE, ETC, AND IT
  IS SO SUSCEPTIBLE TO CHANGE THAT NO SET OF
  STANDARD RULES OR PROCEDURES CAN ADEQUATELY
  DESCRIBE HOW EACH AND EVERY ITEM SHOULD BE
  PACKAGED AND SUBMITTED.

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• B. FAILURE TO COLLECT AND PROPERLY PACKAGE OR
  PRESERVE YOUR EVIDENCE CAN SOMETIMES AFFECT THE
  OUTCOME OF YOUR CASE.

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• C. EVIDENCE MATERIAL SHOULD BE PACKAGED, STORED
  AND PRESERVED IN THE SAME CONDITION IN WHICH IT
  IS FOUND IN ORDER TO MAINTAIN ITS EVIDENTIARY
  PROPERTIES.

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• D. EVIDENCE MUST BE PACKAGED AND TREATED IN A
  MANNER THAT WILL REDUCE TO A MINIMUM ANY
  INFLUENCE WHICH THREATENS ITS EVIDENTIAL VALUE.
• E. WHEN SELECTING CONTAINERS FOR PACKAGING,
  CERTAIN FACTORS SHOULD BE CONSIDERED

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• CLEANLINESS OF YOUR CONTAINERS
• CONTAINERS OF A SUFFICIENT SIZE FOR THE EVIDENCE.
  
• THE CORRECT CONTAINER FOR THE EVIDENCE,E.G,
  PLASTIC, PAPER, ETC.
• STORAGE OF LIQUID SAMPLES SHOULD BE SUBMITTED IN
  A PLASTIC BOTTLE ENCLOSED IN A PLASTIC BAG,
  SEALED IN AN EVIDENCE ENVELOPE/ BAG.
• EACH EVIDENCE PACKAGE SHOULD BE PROPERLY LABELED
  FOR IDENTIFICATION.

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VI. PROPERTY TAG

• A. PROPERTY TOO LARGE FOR AN EVIDENCE ENVELOPE
  MUST HAVE AN ATTACHED PROPERTY TAG.
• B. THE SAME PERTINENT INFORMATION THAT IS ON THE
  PROPERTY REPORT MUST ALSO BE FILLED OUT ON THE
  ATTACHED PROPERTY TAG.
• C. THE EVIDENCE ENVELOPES, PROPERTY TAGS AND THE
  PROPERTY REPORT FORMS ARE THE SOURCE DOCUMENTS
  FOR ALL PROPERTY HELD BY THE PROPERTY SECTION.

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• Special handling for
• controlled
• substances

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VIII. SPECIAL HANDLING FOR CONTROLLED SUBSTANCES

• A. EVIDENCE IN THE FORM OF A CONTROLLED SUBSTANCE
  WILL BE IN A SEALED CONTAINER, PLASTIC BAG, ETC.,
  AND GROSS WEIGHT PLACED IN AN EVIDENCE ENVELOPE
  AND SEALED WITH EVIDENCE TAPE BY THE SUBMITTING
  OFFICER
• 1. OTHER SUBSTANCE ITEMS SUCH AS PILLS AND
  CAPSULES WILL BE COUNTED
• 2. ALL SUSPECTED CONTROLLED SUBSTANCES SHALL BE
  PACKAGED SEPARATELY FROM ALL OTHER TYPES.

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• Protected items packaging
• i.e.,
• firearms, drugs, jewelry and currency

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VII. PROTECTED ITEMS PACKAGING FIREARMS, DRUGS,
JEWELRY AND CURRENCY
.

• A. PROTECTED ITEMS MUST ALWAYS BE PACKAGED
  SEPARATELY FROM ALL OTHER PROPERTY
• B. MONEY AND CONTROLLED SUBSTANCES ARE
  DESIGNATED AS BELONGING TO DIFFERENT PROTECTED
  ITEM GROUPS AND REQUIRE SEPARATE PACKAGING

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• B. UPON RECEIPT OF ITEM PROPERTY PERSONNEL WILL
  INSPECT THE SEALED EVIDENCE ENVELOPE FOR ANY
  SIGNS OF TAMPERING

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• Firearms
• require special
• handling

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IX. FIREARMS - REQUIRES SPECIAL HANDLING

• A. ANY PERSONNEL DELIVERING A FIREARM TO PROPERTY
  MUST MAKE CERTAIN THE FIREARM HAS CLEARED
  CCIC/NCICC AND FIREARM IS UNLOADED AND SAFE.
• B. THE EVIDENCE ENVELOPE MUST HAVE IN WRITING
  ACROSS ENVELOPE "FIREARM IS UNLOADED AND CLEARED
  CCIC/NCICC, BEFORE DEPOSITING THE FIREARM WITH
  THE PROPERTY SECTION.

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• C. HANDGUNS, MAGAZINES AND UNFIRED AMMUNITION
  MUST NOT BE PLACED INTO THE SAME EVIDENCE
  ENVELOPE. HANDGUNS AND EMPTY MAGAZINES MAY BE
  PLACED INTO THE SAME EVIDENCE ENVELOPE, PROVIDING
  THE MAGAZINES ARE ENCLOSED IN A SMALLER PLASTIC
  BAG.
• D. FIREARMS THAT ARE PLACED IN THE PROPERTY
  SECTION MUST HAVE THE SERIAL NUMBER OF THAT
  WEAPON RECORDED ON THE PROPERTY REPORT EVIDENCE
  ENVELOPE AND PROPERTY TAG.

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• Bio-hazardous
• evidence

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X. BIO-HAZARDOUS EVIDENCE

• A. ALL BIO-HAZARDOUS EVIDENCE THAT IS STAINED
  OR CONTAMINATED WITH BODY FLUIDS THAT MAY OR MAY
  NOT BE BIO-HAZARDOUS SHOULD BE TREATED AS THOUGH
  REAL DANGERS EXIST.
• B. EVERY PROCEDURE AND PRECAUTION SHOULD BE
  APPLIED WITH COMMON SENSE DICTATED BY "BETTER
  SAFE THAN SORRY".

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• C. ALL EVIDENCE INVOLVING BLOOD OR OTHER BODY
  FLUIDS, BODY TISSUE, BONE, CLOTHING AND OTHER
  ITEMS THAT MAY HAVE BEEN CONTAMINATED BY ANY OF
  THE ABOVE WILL BE CONSIDERED AS BIO-HAZARDOUS .
• D. ALL LIQUID SAMPLES MUST BE ENCASED IN THE
  PROPER CONTAINERS BLOOD TUBES, PLASTIC JARS,
  ETC.

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• E. ALL SHARP INSTRUMENTS SUCH AS SCISSORS,
  KNIVES, SCALPELS, RAZORS, BROKEN GLASS AND HYPO
  NEEDLES WILL BE PROTECTIVELY COVERED AND LABELED
  SHARP INSTRUMENT - IF THEY HAVE BLOOD OR BODILY
  FLUIDS ON THEM, THEY WILL BE PLACED IN BAGS
  SEALED AND APPROPRIATELY LABELED "BIO-HAZARDOUS".
  

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• F. ALL FIREARMS OBSERVED TO BE OR SUSPECTED OF
  BEING CONTAMINATED WITH BLOOD AND/OR TISSUE WILL
  BE LABELED BIO-HAZARDOUS.
• G. ALL PACKAGES WILL BE CLEARLY MARKED AND
  LABELED AS BIO-HAZARDOUS. ANY BIO-HAZARDOUS
  EVIDENCE THAT IS FORWARDED TO THE PROPERTY
  SECTION IMPROPERLY PACKAGED AND NOT LABELED WILL
  BE RETURNED TO THE SUBMITTING OFFICER.

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• Disposition
• of
• evidence

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XI. DISPOSITION OF EVIDENCE

• A. THE PROPERTY CUSTODIAN IS RESPONSIBLE FOR
  THE RELEASE OR DISPOSAL OF EVIDENCE WHEN HE
  RECEIVES A RELEASE FORM.
• 1. ADJUDICATION IN COURT
• 2. OFFICER HANDLING THE CASE
• 3. FOUND PROPERTY
• 4. PERSONAL PROPERTY/ UNCLAIMED PROPERTY

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• Release
• of
• Property

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XII. RELEASE OF PROPERTY

• A. REQUEST FOR THE RELEASE OF PROPERTY IS
  INITIATED THROUGH THE APPROPRIATE POLICE
  DEPARTMENT CASE NUMBER.
• B. A RECORD OF ALL RELEASE TRANSACTIONS IS TO BE
  MAINTAINED ON THE CHAIN OF CUSTODY FORM.

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• C. THE RELEASE OR DISPOSAL OF PROPERTY/EVIDENCE
  MAY BE ACHIEVED THROUGH NOTIFICATION OF THE
  PROPERTY SECTION BY THE COURTS INVESTIGATING OR
  RESPONSIBLE OFFICER, THROUGH THE PROPERTY SECTION
  COMPUTER SYSTEM OR AT THE END OF THE 30 DAY
  RETENTION PERIOD FOR FOUND PROPERTY OR PERSONAL
  PROPERTY.

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BICYCLES
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XV. BICYCLES

• A. BICYCLES WILL BE TREATED THE SAME AS ANY OTHER
  PIECE OF PROPERTY/EVIDENCE. PROPERTY
  DOCUMENTATION (PROPERTY TAG, PROPERTY REPORT,
  ETC.) WILL ACCOMPANY EACH BICYCLE WHEN IT IS
  PLACED IN THE CUSTODY OF THE PROPERTY AND
  EVIDENCE UNIT.

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Common problems thatrequire corrections by
officers

• Incorrect report numbers.
• Failure to attach a Property Report to item.
• Failure to list all items on envelope or bag.
• Property Report not completed properly.
• Failure to identify items as found, personal
  property or evidence.
• Incorrect status codes.
• Improperly packaged items.
• Packaging money and jewelry together

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This concludes our presentationQuestions??????