Police Department Policy

iii-14-PropertyAndEvidence

St. Petersburg PD

Policy Text
General Order III -14 Revisions or modifications are highlighted 1 (06/23/2025 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: PROPERTY AND EVIDENCE Index as: Abandoned Property Baker Act Bicycles Cellular Phones, Seizure of Collection of Evidence Computers, Seizure of Contraband Crime Scene Protection Electronic Cigarettes Evidence Evidence, Handling and Storage Evidence, Unclaimed Firearms, Release of Found Property Lost Property Mobile D ata Devices, Seizure of Narcotics Evidence/Paraphernalia Preservation of Evidence Property and Evidence Property Held for Safe Keeping Release of Property and Evidence Return of Firearms Procedures Seizures Storage of Evidence and Property Unclaimed Evidence Vaporizer Pens Accreditation Standards: 82.3.2, 83.2.1, 83.2.2, 83.2.5, 84.1.1 , 84.1.2, 84.1.3, 84.1.7 CFA 15.10, 27.01, 27.02, 27.08, 27.09 Cross Reference: G.O. III -40, Mobile Video Recording Systems (MVRS) I.O. V.2:01, Handling and Packaging Controlled Substances USB SOP III -32, Identification Technician (IDT) Officer Program Legal Notice 2016 -034, Officer must obtain a warrant before searching an abandoned, password protected cell phone Legal Notice 2017 -001, Cell phone owner can be compelled to provide passcode to allow execution of search warrant §§ 394.463(d)3., 705, 790.08 , 823.11, 932.701(2), and 90.91 Florida Statutes United St ates v. Castleman, 572 U.S. 2014 Replaces : G.O. III -14, Pr operty and Evidence (April 29, 2024 ) This Order establishes guidelines for the proper handling, storage and disposition of property and evidence. It consists of the following sections: I. Definitions II. Crime Scene Protection III. Notifications IV. Collection of Evidence V. Preservation of Evidence VI. Seizure of Computers and Related Devices VII. Seizure of Cellular Phones and Mobile Data Devices VIII. Lost or Abandoned Property IX. Storage of Property and Evidence X. Release of Property and Evidence XI. Final Disposition of Property and Evidence XII. Motor Vehicles and Boats DATE OF ISSUE EFFECTIVE DATE NUMBER April 2016 Immediately III-14 Distribution: All Employees General Order III -14 Revisions or modifications are highlighted 2 (06/23/2025 ) I. DEFINITIONS A. Contraband – Any property, material or substance, the possession of which is illegal. B. Evidence – Any property, substance or matter which can be used in court to establish guilt or innocence or that a crime has or has not been committed. 1. Unclaimed Evidenc e – Any tangible personal property, including cash , and not included within the de finition of "contraband article " as provided in section 932.701(2), F lorida Statutes , seized by a law enforcement agency, that was intended for use in a criminal or quasi -criminal proceeding, and is retained by the law enforcement agency or the Clerk of the County or Circuit Court for 60 days after the final disposition of the proceeding , and to which no claim of ownership has been made [§ 705.101(6), F lorida Statutes ]. 2. This would appear to exclude any property seized ONLY for forfeiture under the Florida Contraband Forfeiture Act but does not address those cases where the property may be both criminal evidence and "contraband" subject to forfeiture. Therefore, property, inclu ding currency, which is evidence for a criminal case and/or forfeiture, will be simply marked as evidence. 3. The officer will make the determination as to an item being classified as property or evidence. C. Found Property – Property which has been lost or ab andoned and is not connected with any known or suspected criminal offense. 1. Lost Property – All tangible personal property , without an identifiable owner and which has been mislaid on public property, upon a public conveyance , on premises used at the time for business purposes ; or in parks, places of amusement, public recreation areas, or other places open to the public in a s ubstantially operable, functioning condition, or which, has an apparent intrinsic value to the rightful owner. If it works, is operable, or can be used, it is most likely "lost" property [§ 705.101( 4), Florida Statutes ]. 2. Abandoned Property – All tangible personal property , without an identifiable owner and which has been disposed of on public property in a wrecked, inoperative, or partially dismantled condition, or which has no apparent intrinsic value to the rightful owner. If it is broken, inoperative an d appears to have no value, it is most likely "abandoned" property. The term derelict vessels as defined in section 823.11, F lorida Statutes , and vessels declared a public nuisance pursuant to section 327.71(1)(aa) [§

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