Police Department Policy

OAKLAND_TB_II_D_Disposition_of_Confiscated_Bulk__831

Oakland PD

Policy Text
TRAINING BULLETIN Evaluation Coordinator: Commander Automatic Revision Cycle: Years partment Training Bulletins shall be used to advise members of current police techniques and procedures and shall constitute official policy.” Index Number: II-D Alpha Index: Disposition of Confiscated Bulk Marijuana Date of Issue / Revision 28 Feb 03 “De Disposition of Confiscated Bulk Marijuana Introduction 1n order to make best use of its limited storage space for narcotics evidence, the Department stores and disposes of confiscated bulk marijuana in accordance with Section 11479 of the California Health and Safety Code. Section 11479 of the California Health & Safety Code allows the Department to destroy any amount of seized marijuana in excess of ten pounds gross weight in accordance with the steps outlined in this Training Bulletin. 2 Disposition of Confiscated Bulk Marijuana, Index Number II-D Procedure for Disposition of Confiscated Bulk Marijuana 1. The officer discovering the bulk marijuana reque sts an Evidence Technician to the scene to take photographic evidence. If an Evidence Technician cannot respond in a reasonable time, any officer or employee may take photographs of the marijuana under the direction of the requesting officer. To assist with security, at le ast one armed officer remains at the scene with the photographer throughout the process. 2. The Evidence Technician takes photographic documentation to depict the total amount of marijuana seized and all criti cal aspects of the seizure. If the bulk marijuana is found in a vehicle, for example, the Evidence Technician takes pictures of the vehicle, the location of the bulk marijuana in the vehicle, and the amount of bulk marijuana seized. The Evidence Technician forwards copies of the photographs to the Criminalistics Division under the RD number. 3. The officer discovering the bulk marijuana supervises its transport to the Criminalistics Division. 4. The Criminalistics Division determines the gros s weight of the seized marijuana by weighing the material or by estimating the weight after taking dimensional measurements. 5. The Criminalistics Division retains one ten-pound sample-which may include stalks, branches, or leaves-and five additional represen tative samples consisting of leaves or buds for evidentiary purposes from the total amount of marijuana seized. 6. The Criminalistics Division cont acts the Vice and Narcotics Section to initiate destruction of all seized marijuana excluding the one ten-pound sample and the five additional repre- sentative samples. 7. Within thirty days subsequent to the destruction of the marijuana, the Criminalistics Division files an affidavit in the court which has juri sdiction over any pending criminal proceedings pertaining to the seized marijuana, detailing the completion of steps 2, 4, 5, and 6 above; identifying the difficulty of transporting and st oring the entire quantity of marijuana seized; and specifying the date and time of the destruction of any bulk marijuana. In the event there are no crim inal proceedings pending which pertain to the marijuana, the affidavit may be filed in any court within the county which might have jurisdiction over a person against whom those criminal charges might be filed.

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