84

PROPERTY AND EVIDENCE CONTROL

The property and evidence control function should provide for the security and control of seized, recovered, and evidentiary property as well as abandoned, lost, or found property in the custody of the agency. This is critically important in supporting investigations, in helping to guarantee successful prosecution at criminal/civil trials, in facilitating the timely return of property to its rightful owners, and in establishing the agency’s reputation as an honest, reputable agency worthy of the public’s confidence and trust.

It is critical that a law enforcement agency’s property and evidence control function develop and maintain strict measures for the receipt, handling, security, and disposition of property.

 

84.1 Administration and Operations

84.1.1 A written directive establishes procedures for receiving all in-custody and evidentiary property obtained by employees into agency control, to include:

a. requiring all property to be logged into agency records as soon as possible;

b. requiring all property to be placed under the control of the property and evidence control function before the officer ends his/her tour of duty;

c. requiring a written report detailing the circumstances by which the property came into the agency’s possession and describing each item of property obtained;

d. providing guidelines for packaging and labeling property prior to storage;

e. establishing extra security measures for handling exceptional, valuable, or sensitive items of property;

f. requiring an effort to identify and notify the owner or custodian of property in the agency’s custody; and

g. establishing procedures for the temporary and final release of property items from the control of the property and evidence function.

Commentary: The agency should not lose sight of its responsibility to protect all property coming into its control and custody or of its ongoing obligation, in some situations, to maintain an uninterrupted chain of custody. The agency should establish specific controls and ensure strict adherence to all of its policies and procedures governing in-custody and evidentiary property. This should protect both the officer and the agency.

All employees should complete a descriptive inventory of every item of property coming into their possession as a result of their official duties and responsibilities as soon as practical. Initially, every item of property obtained by an employee during a shift should be placed under the control of the property and evidence function prior to shift’s end. This should allow the property to be officially inventoried and recorded in the agency’s records in a timely manner. The agency may authorize exceptions to these procedures; however, supervisory approval should be obtained and a descriptive inventory should be accomplished verbally or through other electronic means if distance is a factor.

The property should be entered into storage in a uniform manner. Methods for preparing, labeling, and recording property should be established. Responsibility for these tasks may be assigned.

Extra security measures for handling and receiving should be taken when, from whatever source, items are considered to be sensitive, high in value, or otherwise constituting an increased security risk. Guidelines are provided for handling items such as money, firearms and weapons, blood and other body fluids, and drugs. Drugs should be packaged in tamper-proof protective packaging whenever they are received by, released by, or returned to the property custodian. The intent of this packaging system is to ensure that the property custodian does not have to open a submitted drug package for the purpose of verifying contents whenever the package leaves the property section for court, crime lab, or other authorized purposes. All containers and packages should be inspected for tampering as a safeguard against substitution. These procedures need to conform to OSHA (Occupational Safety and Health Administration) standards.

Written reports should be submitted, listing the property obtained and detailing the circumstances associated with the custody. Case numbers may be used to cross-reference the property.

Once the property has been officially placed under the agency’s control, a procedure for removing the property for further investigation, court, release or other official purpose should be established. A written document ensures accountability and/or uninterrupted chain of custody until final disposition. Employees should be prohibited at all times from storing property in their personal desks, lockers, vehicles, homes, or other places that are not secure or would interrupt the chain of custody. Personal use of any property should also be strictly prohibited.

A reasonable attempt should be made to locate owners of property in the custody of the agency and notify them of its status. If possible, release back to the owner should be effected as expeditiously as is consistent with applicable law.

(M M M M)

 

84.1.2 All in-custody property and evidence is stored within designated, secure areas.

Commentary: Administrative and physical security procedures are mandatory to ensure that all property taken into custody and stored by the agency in any manner is properly controlled and protected while in agency custody.

Some items of in-custody property, by their very nature, require extra protection, security, and handling precautions. Items such as money, precious metals, jewelry, firearms, and drugs are some that should be considered. The agency may set its own guidelines and determine the degree of extra security required. Providing locked containers, such as vaults, lockers, or interior rooms, should satisfy the requirements of the standard. Further restrictions on access to certain areas also enhance security precautions. It is not necessary however, for each type of item to have its own separate secure area.

The agency should have access to secure refrigerated storage for perishable items, such as blood and urine specimens. If the agency maintains a lockable refrigerator on its premises for this purpose, use should be restricted to in-custody property and evidence.

In addition to the general property room(s) or facilities, the agency needs to provide secure storage for large items such as vehicles, bicycles, appliances, and the like. Special areas and/or procedures should be provided. External areas, such as impoundment lots, are vulnerable. When assessing the degree of security to provide, the agency should weigh the importance of the property it is placing in these areas and the consequences if the property is stolen, damaged, or contaminated while in-custody.

(M M M M) Compliance may be OBSERVED.

 

84.1.3 Secure facilities are provided for storage of in-custody or evidentiary property during periods when the property room is closed.

Commentary: Provisions should be made for securing items of property when the property room is closed. Several methods can be followed to achieve this objective, such as installation and use of one-way drop boxes, lockers, and specially designed containers.

(M M M M) Compliance may be OBSERVED.

 

84.1.4 A written directive requires that only authorized personnel have access to areas used by the agency for storage of in-custody or evidentiary property.

Commentary: Entry to property areas should be controlled to prevent the alteration, unauthorized removal, theft, or other compromise of property stored by the agency and to maintain chain of custody.

(M M M M)

 

84.1.5 Records reflect the status of all property held by the agency.

Commentary: Fundamental to the operation of the property room is a records system that reflects the location of the property; date and time when the property was received or released; character, type, and amount of property on hand; and chain of custody from the time the property was stored until its destruction or other final disposition. Many agencies have successfully installed a "bar coding" system for property management.

(M M M M)

84.1.6 The following documented inspections, inventory and audits shall be completed:

a. an inspection to determine adherence to procedures used for the control of property is conducted semi-annually by the person responsible for the property and evidence control function or his/her designee;

b. an inventory of property occurs whenever the person responsible for the property and evidence control function is assigned to and/or transferred from the position and is conducted jointly by the newly designated property custodian and a designee of the CEO to ensure that records are correct and properly annotated;

c. an annual audit of property held by the agency is conducted by a supervisor not routinely or directly connected with control of property; and

d. unannounced inspections of property storage areas are conducted as directed by the agency’s chief executive officer.

Commentary: The inspection is conducted to determine that the property room is being maintained in a clean and orderly fashion, that the integrity of the property is being maintained, that provisions of agency orders or other directives concerning the property management system are being followed, that property is being protected from damage or deterioration, that proper accountability procedures are being maintained, and that property having no further evidentiary value is being disposed of promptly.

The purpose of the inventory is to ensure the continuity of custody and not to require the accounting of every single item of property. The inventory should be sufficient to ensure the integrity of the system and the accountability of the property. During the joint inventory, a sufficient number of property records should be reviewed carefully with respect to proper documentation and accountability. The person assuming custody of the property should ensure that all records are current and properly annotated. All discrepancies should be recorded prior to the assumption of property accountability by the newly appointed custodian.

The purpose of the standard is to ensure the integrity of the system, not to require an accounting for every item of property. The annual audit should be a random sampling of property held to satisfy the auditor that policies and procedures are being followed. The person named to conduct the inventory should be appointed by the agency’s chief executive officer. Under no circumstances should that inspector be appointed by supervisory or command officers having the property function under their control.

(M M M M)

 

84.1.7 Final disposition of found, recovered, and evidentiary property is accomplished within six months after legal requirements have been satisfied.

Commentary: Prompt, authorized property removal (final disposition/destruction) prevents an overload on the property management system and reduces the requirement for additional storage space. Also, the lack of prompt disposition procedures further deprives owners of the use of their property. Law enforcement agencies should establish procedures for the prompt photographing and return of property to victims, with the prosecutor’s approval.

(O O O O)