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302 Evidence Handling (Revised 06-19-2013)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 302 SUBJECT: REVISION DATE SECTION: Evidence Handling June 19, 2013 Yellow I. PURPOSE To implement a system whereby evidence is handled in a manner consistent with legal requirements. II. METHOD The officer and administrative staff will be provided with procedures to properly enter evidence into the records system where it will be recorded and properly stored. III. PROCEDURE All Evidence will be processed and stored as indicated in the following steps: A. Evidence Security 1. Evidence must be stored and processed as indicated in procedure. 2. Inner Room to be used for evidence storage will be locked at all times and accessible to limited number of authorized police personnel. 3. Chain of Possession will be completed on Evidence Receipt whenever a change in possession occurs. B. POLICE PERSONNEL HANDLING EVIDENCE WILL FOLLOW DEPARTMENT PROCEDURE FOR PREVENTING THE SPREAD OF INFECTIOUS DISEASES TRANSMITTED BY BLOOD AND OTHER POTENTIALLY INFECTIOUS MATERIALS C. Entering Items Into Evidence 1. An EVIDENCE RECEIPT will be completed whenever an item is entered into evidence. a. The officer will complete the following: 1) Victim Name and Date of Birth 2) Defendants’ Name and Date of Birth (if known), 3) Date item is placed into evidence, 4) Report number, 5) Item number, with each evidence item: i) Listed separately, ii) Described completely, and iii) Numbered sequentially, beginning with “1” 6) Chain of Possession b. Original (WHITE) copy 1) If evidence is stored in the Evidence Room, the officer will leave the original (white) copy of the Evidence Receipt with the evidence. 2) If the evidence is not stored in the evidence room: i) the evidence location should be noted on the evidence receipt, ii) the original receipt should be left in an evidence locker where it will be processed by evidence personnel, iii) Evidence personnel will make a photocopy of the receipt and arrange to have it attached to the off-site item of evidence. 3) After evidence disposal, original receipt will be attached to the case file. c. YELLOW copy: 1) The officer will submit the yellow copy of Evidence Receipt to the report bin. d. If the original (white copy) of the evidence receipt is removed from the police department: 1) A photocopy of the evidence receipt indicating most current chain of possession must be retained in the designated bin in the evidence room. 2) The photocopy of the receipt should be destroyed when an original evidence receipt is returned to the police department. 2. All items of evidence will be LABELED by the officer. a. Whenever possible, labeling will be written with permanent marker directly on evidence item unless special conditions prohibit this. Labeling will include the following specifics: 1) Report number, 2) Date, 3) Item number, 4) Officer’s initials 5) Officer’s badge number b. When it is not appropriate or feasible to write directly on the item, specifics will be written on a stick-on pre-printed evidence label which will then be affixed to evidence item. 3. Evidence items should be PREPARED FOR STORAGE under the following specifications: a. All evidence items should be SEALED by officer in either a paper or plastic bag, unless special conditions prohibit this (size of item). b. Items which are odorous or may leak will be processed as follows: 1) Evidence in cans, glasses, and other containers without a screw-on cap: i) A portion of the liquid will be transferred by the officer to a provided plastic container, ii) The remainder of the liquid will be discarded by the officer, iii) Both the plastic container and empty container will be retained. iv) Heat-seal items in a plastic evidence bag, v) Initial seal, vi) On plastic bag, using permanent marker, the following should be indicated: (a) Report number, (b) Date, (c) Item number(s) enclosed, (d) Officer’s initials, (e) Officer’s badge number. 2) Bottles with screw—on caps and other types of odorous or leakable evidence will be processed as follows: i) Heat-seal item in a plastic evidence bag, ii) Initial seal, iii) On plastic bag, using permanent marker, the following should be indicated: (a) Report number, (b) Date, (c) Item number(s) enclosed, (d) Officer’s initials, (e) Officer’s badge number c. Items which are not odorous or leakable will be processed as follows: 1) Place item in appropriate-sized paper bag, 2) heat-seal item, 3) Initial seal, 4) On paper bag, using permanent marker, the following should be indicated: i) Report number, ii) Date, iii) Item number(s) enclosed, iv) Officer’s initials, v) Officer’s badge number d. Syringes must be placed in provided plastic containers before sealing in paper bag and identified with biohazard sticker e. Kegs will be processed by the officer as follows: 1) Photograph keg (photograph to be retained with case file), 2) Transfer a portion of the liquid from the keg to a provided plastic container, 3) Heat seal the plastic container. 4) Initial the heat seal, 5) On plastic bottle, using permanent marker, indicate the following: i) Report number, ii) Date, iii) Item number, iv) Officer’s initials, v) Officer’s badge number, 6) Enter keg into property book, 7) Place completed property tag on keg. 4. Evidence items will be STORED as followed: a. Smaller items of evidence will be placed by officer in an appropriate-sized evidence locker. b. Larger Items: 1) Evidence Items which are too large to fit in the lockers should be placed by officer in the evidence cabinet which is located under the sink in the outer evidence room. (Evidence sheet and cabinet key should be placed in a smaller locker after securing evidence in the cabinet.) Evidence personnel will transfer item to shelf of inner evidence room. 2) Evidence Items which are too large to fit in the lockers or evidence cabinet should be placed by officer on the floor or counter of outer evidence room. Evidence personnel will transfer item to shelf of inner evidence room. NOTE: If an item cannot be placed in a locker and is temporarily stored in the outer evidence room, the outer evidence room door should be locked. 3) Large items which are inappropriate for storage in the Evidence Room will be stored by officer in one of the following areas: i) Old property room (i.e. bikes, kegs), ii) Garage, utilizing evidence tape, iii) Within confines of City Garage fence. c. Combustible items will be stored at the City Garage. d. Firearms confiscated as property or evidence will be stored in the evidence room gun shelf. e. Ammunition confiscated as evidence will be stored in the evidence room gun shelf. f. Money taken as evidence, seizure, or property will be processed as follows: 1) Fill out an evidence sheet with the amount of money listed on the sheet. 2) A 2nd officer needs to count the money and initial the evidence sheet. 3) Fill out an evidence bag, place, money into the bag, and seal it. 4) both officers need to initial evidence bag that lists correct amount. 5) The evidence sheet (white copy) and evidence bag with money should be placed into one of the locked evidence lockers. g. Evidence personnel will process items from temporary evidence lockers as follows: 1) Remove item(s) from locker, 2) Check for proper processing, 3) Store item in inner evidence room on appropriate shelf, 4) File original Evidence Receipt by month in a 3-ring notebook in the inner evidence room. 5) Store any cash amount in the inner-evidence room safe. D. Evidence Retrieval 1. Officers will retrieve evidence items by the following method: a. Officer will fill out Request for Evidence log (located in Evidence room), filling in: 1) Date of Request, 2) Court Date, 3) Officer’s name, 4) Report number, 5) Item number(s) needed b. Evidence personnel will: 1) Assign a locker and padlock to the officer and fill in information on Request for Evidence log, 2) Leave the padlock key with the Request for Evidence log, 3) Place locking mechanism of locker in “Up” (locked) position, 4) Place evidence in assigned locker, 5) Complete Chain of Possession portion on Evidence Receipt, 6) Place Evidence Receipt in locker, 7) Place assigned padlock inside evidence locker. c. Officer will retrieve the padlock key from the evidence room and initial the Request for Evidence log. d. AFTER the Request for Evidence log has been initialed by the officer, evidence personnel will: 1) Place locking mechanism of locker in “Down” (unlocked) position, 2) Secure locker with assigned padlock. NOTE: If, at this point, the officer determines that the evidence is not needed, the officer should write an explanatory note to this effect, and leave the note, key and padlock inside the locker with the evidence. Evidence personnel will replace the evidence in the inner evidence room. e. To retrieve evidence from locker, officer will: 1) Unlock and remove padlock from locker handle, 2) Place padlock (with key in lock) on the INSIDE of locker on the door latch (to prevent door from accidentally being closed and locked), 3) Remove evidence from locker, 4) Complete Chain of Possession portion on Evidence Receipt, 5) Leave Evidence Receipt in locker, 6) Leave locker door OPEN. NOTE: Per III.C.1.d.1), if the ORIGINAL (white copy) of the evidence receipt is removed from the police department, a photocopy of the evidence receipt indicating most current chain of possession must be retained in the designated bin in the evidence room. f. To return evidence to evidence room, officer will: 1) Return evidence to assigned locker, 2) Remove padlock and key from door latch and place inside locker, 3) Complete Chain of Possession on Evidence Receipt (if evidence item can be destroyed officer will write “DESTROY” on Evidence Receipt and initial), 4) Close locker door (should be automatically locked). g. If evidence is to be retained, evidence personnel will: 1) Complete Chain of Possession, 2) Replace evidence, evidence receipt and padlock in proper storage place, 3) Place locking mechanism of locker in “Down” position, 4) Mark Evidence Request form to indicate padlock and key have been returned. E. Submitting Evidence for Analysis 1. Misdemeanor cases: a. Blood kits and urine kits for DUI reports will be submitted VIA mail to the Bureau of Criminal Apprehension (BCA) for analysis by the arresting officer. 1) Arresting officer will leave sealed kit at front desk mail bin. 2) ISU will deliver kit to Municipal Center Receptionist for mailing to BCA. b. Cases involving evidence other than blood and urine kits will be referred to investigation if submission to BCA lab is necessary. 2. Gross Misdemeanor and Felony case evidence (other than DUI blood and urine kits) will be submitted to the BCA by the assigned investigator. 3. Evidence other than blood and urine kits associated with routine DUI reports will be submitted to the BCA for analysis by the assigned investigator: a. Assigned investigator will: 1) Determine if evidence should be transported to BCA for analysis, 2) Arrange for a Community Service Officer (CSO) to transport evidence, 3) Provide CSO with copy of Incident Report, 4) Advise CSO which item(s) of evidence is to be transported to BCA. b. CSO (or transporting party) will: 1) Obtain evidence and evidence receipt from evidence personnel, 2) Complete chain of evidence portion of evidence receipt, 3) Place photocopy of evidence receipt in designated evidence room bin, 4) Transport evidence to BCA, 5) Inform BCA to return analysis results to assigned investigator, 6) Request BCA personnel to sign Chain of Possession section on Fridley Police Evidence Receipt, 7) Sign Chain of Possession section on BCA evidence receipt, 8) Leave report copy with BCA, 9) Return Evidence Receipt to the Fridley Police Department 10) Provide assigned investigator a photocopy of the Evidence Receipt which indicates BCA possession, 11) Destroy photocopy of evidence receipt, 12) Complete chain of evidence and return Evidence Receipt to designated bin in the evidence room. c. Evidence Personnel will: 1) File Evidence Receipt in evidence room if there are additional items of evidence listed on the Evidence Receipt, 2) Attach Evidence Receipt to case file if there are no additional items of evidence listed on the Evidence Receipt. 4. Results of BCA Analysis a. Lab results for alcohol analysis of blood and urine kits: 1) ISU will: i) Forward results to investigating officer 2) Investigating officer will: i) Review results ii) Proceed with any additional charges or follow— up iii) Forward all analysis results paperwork to ISU for processing. 5. BCA Permission to Destroy Evidence Letters a. Will be given directly to the officer or investigator who submitted the evidence. b. The submitting officer or investigator wil determine if evidence can be destroyed: 1) (DUI’s) Blood and urine kits submitted for DUI cases may be destroyed after analysis results have been completed. 2) (Non-DUI’s) Determination to destroy evidence which has been submitted for a non-DUI case should be made on an individual case basis. c. If the evidence can be destroyed: 1) The officer or investigator will: i) Complete the Permission to Destroy portion of the BCA letter, ii) Return the letter to ISU, 2) ISU will: i) FAX or mail a copy of the letter or send a teletype to the BCA lab, ii) Attach the letter to the case file. d. If the evidence should not be destroyed: 1) The officer or investigator will: i) Complete the portion of the BCA letter which indicates the evidence should be returned to the Fridley Police Department via mail, ii) Return the letter to ISU, 2) ISU will: i) FAX or mail a copy of the letter or send a teletype to the BCA lab, ii) Attach the letter to the case file. 6. Evidence being returned to police department a. Evidence returned via mail from the BCA will be forwarded to an evidence locker with accompanying paperwork. b. If evidence is to be retrieved from another location, transporting party will: 1) Obtain original Evidence Receipt from evidence room personnel, 2) Complete Chain of Possession section on Evidence Receipt upon receiving evidence, 3) Transport evidence to either evidence locker or requesting officer, 4) Complete Chain of Possession section on Evidence Receipt. c. Evidence personnel will: 1) Return evidence to inner evidence room, 2) Retrieve Evidence Receipt (when necessary) from case file, 3) Complete Chain of Possession section of Evidence Sheet. 4) Evidence requiring a frozen state will be kept in the evidence room refrigerator if the case has a felony status. This is to allow for re-analysis if needed. NOTE: BCA procedures for submitting drug evidence are posted in the evidence room. NOTE: Some agencies (BCA) do not retain our original evidence sheet and initiate their own chain of possession when receiving items of evidence. Both evidence sheets become part of the case file. Other agencies (CID) request our original evidence receipt when an item is turned over to them, and a photocopy is brought back for the case file. When picking up an item from CID, the evidence sheet would need to be picked up at the same time as the evidence. F. Evidence Retention Guidelines 1. For “Inactive” cases of a serious nature (homicides, fatalities, etc.) which remain unsolved, evidence will be retained permanently. 2. For “Inactive” or “Unfounded” cases that have had no activity within a year, evidence may be disposed of. 3. Misdemeanor/Felony charges issued: a. Evidence for cases with available disposition may be disposed of. b. Evidence for cases with no available disposition may be disposed of: 1) IF case was charged out 3 years previously, 2) IF no warrants (probation warrants excluded) are outstanding for defendant in MINCIS/NCIC. 4. For juvenile cases, evidence will be retained until disposition has been received from the county of juvenile’s residence and/or a period of 9 months for misdemeanors and Gross misdemeanors. If a felony, retain for a period of one year from the date of offense.. (If an adult has been charged, evidence should be held pending that disposition.) 5. For DUIs, evidence will be retained for Implied Consent Hearing: a. IF case has been reduced to careless, b. IF conviction is not for DUI. 6. For “personal” crimes where defendant has been sentenced, evidence will be held for at least 90 days pending an appeal. 7. Cases containing blood and urine kits: a. Destroy all misdemeanor and gross misdemeanor evidence. b. Retain all felony until disposition received. 8. For dismissed cases, evidence should be retained for one year and rechecked pending issuance of formal complaint. 9. Kegs and taps held where no charges are pending will be retained sixty (60) days before return to liquor store. G. Evidence Disposal 1. Alcohol will be poured down the evidence room sink, 2. Aluminum cans and glass bottles will be separated for recycling. 3. License plates will be destroyed. 4. Fireworks and old ammunition will be destroyed by the fire department or soaked in water until rendered useless. 5. Suspicious chemicals will be destroyed by the fire department. 6. Marijuana and other drugs in small quantities will be destroyed using a sealed evidence barrel. 7. Syringes will be destroyed following the department’s Potentially Infectious Material procedure. 8. A letter of disposal notification will be sent to owners of “items of value.” Owners will be allowed 30 days to retrieve property before disposal. 9. Items of value, except for items listed below, which are unable to be returned to the owner will be auctioned or retained for department use with permission of the Director of Public Safety. a. DRUG PARAPHERNALIA will be destroyed at via a sealed evidence barrel. b. KNIVES, BB GUNS and PELLET GUNS not claimed by owner after notification or because of court order will be destroyed in a sealed evidence barrel and destroyed at a designated facility. c. RADAR DETECTORS not claimed by owner after notification will be destroyed via a sealed evidence barrel. H. Prescription Drug Drop Box 1. The Prescription Drug Drop Box is a partnership program between the Fridley Police Department and Anoka County Sheriff’s Office that provides a secure collection point for unwanted or unused prescription drugs at the Fridley Police Department. The program is a free and anonymous service and is designed for use only by residents for disposal of their personal prescription drugs. The program does not accept prescription drugs from commercial businesses, medical waste, syringes, biohazard materials, or other hazardous waste. The Anoka County Sheriff’s Office will handle disposal of the unwanted prescription drugs. 2. When the Prescription Drug Drop Box needs to be emptied, no less than two employees of the police department shall open the box and remove the contents. 3. The contents of the Prescription Drug Drop Box shall be placed into an evidence box that has been lined with a plastic bag or similar impermeable barrier to prevent leakage. 4. The box shall be sealed and the seals shall have evidence tape applied. No less than two employees shall sign and date the seals. 5. A case number shall be obtained and applied to the box. A “Miscellaneous Public Assist” ICR shall be written. 6. An evidence receipt shall be completed showing chain of custody with the box identified as an item with the description “miscellaneous controlled substances”. A notation shall be made on the evidence receipt that the item is “to be destroyed”. 7. Arrangements shall be made with Evidence Intake at the Anoka County Sheriff’s Office to take the box. The Anoka County Sheriff’s Office will handle disposal of the unwanted prescription drugs.