Police Department Policy

104 SPECIAL EVIDENCE PROCEDURE - Copy

Village of El Portal Police Department

Policy Text
POLICY 104.0EVIDENCE/PROPERTY REQUIRING SPECIAL HANDLING REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 4/2019 A.NARCOTICS EVIDENCE When any narcotics are taken into custody, it will either be weighed on a scale provided or counted. The weighing/counting shall be verified by a supervisor, whenever possible, in the presence of the seizing officer. A Property Receipt will be immediately executed by the officer for any amount of narcotics taken into possession regardless how small. In order to enhance quality control, to be submitted and accepted, narcotic evidence: 1.Must not be submitted in the same package as non-narcotic evidence. 2.Must not be mixed with any other narcotic evidence. If several types are to be included in the same package, each must be individually packaged, sealed, clearly marked, and listed separately on the property receipt. 3.When large quantities of narcotics are seized, samples must be taken and submitted for testing. Storage for large seizures of narcotics, such as 10 bales of marijuana, should be coordinated with the Supervisor. Smaller quantities may be submitted as outlined in Section 105.1 E., EXCEPTION: If cocaine or heroin seized exceeds 1/2 pound, the supervisor will be notified. 4.The property receipt must show that the contents have been field-tested or valtoxed. 5.The package MUST be sealed with EVIDENCE TAPE and initialed. 6.All containers will be inspected to protect from contamination. 7.The Lab Analysis Form will be checked for any Controlled Dangerous Substances (CDS) evidence requiring analysis. The name of the arrestee must be recorded. If no arrest has been made and there is the likelihood of an arrest or the CDS evidence will be used to support an arrest/search warrant, the seizing officer's supervisor will record approval of the action on the face of the property receipt and indicate "Ongoing Investigation" in the space provided for the name of the arrested. 8.Narcotic evidence not held for trial evidence, or for follow up by the submitting officer, will be marked for destruction and disposal in accordance with governing status. Page 1 of 4 9.QUANTITY CONTROL. a.The submitting officer is responsible for properly packaging and weighing narcotics prior to submitting them to the Property Locker. b.Scales will be utilized for weighing of drugs. c.Weights shall be measured in grams and given as "approximately". If weights include baggies, a notation of this MUST be included on the Property Receipt. d.Capsules, pills, and tablets must be counted unless the volume/number creates an unreasonable task. In that event, the weight of the pills shall be recorded on the Property Receipt. e.Cannabis plants shall be counted and weighed based on the condition and number of plants. f.Accurate weight readings can be obtained from the Crime Lab at the time of analysis and will be reflected on the returned analysis report. g.A Supervisor must inspect all narcotics evidence being submitted to assure that proper procedures have been followed. Any discrepancies shall be reported to the supervisor so that corrective action can be taken. h.Any time narcotic evidence is temporarily released (court, lab, etc.), the Property Custodian will inspect the container before it leaves and after it is returned to assure that the seals are intact and no apparent tampering has occurred. In addition, the entire package containing narcotics shall be weighed when leaving and upon return to the Property Room to assure no significant change in weight has occurred (keeping in mind that weight may differ slightly after laboratory testing due to sample consumption). Any discrepancies shall be immediately reported in writing to the Supervisor. B.MONEY AND JEWELRY Money/Jewelry is to be handled in an effective and efficient manner to avoid questioning of the officer's integrity and to minimize the amount of cash to be stored. 1.General Guidelines a.All money will be separated from all other goods or evidence and submitted in a clear bag. b.ALL packages containing money or jewelry must be sealed with Evidence Tape and initialed. Page 2 of 4 c.Sufficient notations regarding denominations and sub totals should be made on the property receipt. In the case of jewelry, sufficient descriptions of the items, including denoting color of the metal or, stone NOT the metal or stone type. d.If known, the legal owner shall be listed. e.Witnesses must be present when money is counted to minimize the question of officer integrity, including a Supervisor and one other officer. f.A Supervisor must be contacted for amounts up to $2,000.00 or more. 2.Money as Evidence a.Money which is specifically needed as evidence should be marked as Trial Evidence. 3.Money to be Confiscated a.Money to be confiscated either prior to or after the criminal case has been settled must be marked in the forfeiture section of the property receipt and bin slip. NOTE: The Supervisor must be notified separately of monies, etc. marked for confiscation. Notation on the property receipt alone is not sufficient. Money seized by an Officer will not be confiscated or handled without the express permission of the Supervisor or his designee. b.The final disposition of monies marked for confiscation will be the responsibility of the Chief of Police. 4.Found Property Money a.Money found by a citizen, must be counted in the citizen's presence and a receipt (copy of the property receipt) issued to the citizen after signing. See Section 105.1. b.Found

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