July 1, 2005 To establish policies and guidelines for receiving, storing, releasing and disposing of property seized as evidence and property held for safekeeping. Moreover, it establishes procedures for maintaining department-owed property (e.g. material and financial assists) and guidelines for issuing supplies to APD employees.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

April 26, 2010

 

APD.SOP.6030

Property and Evidence Control

Applicable To: Bureau, division, section, and unit commanders; Property Control employees; sworn employees

Approval Authority:  Interim Chief George N. Turner

Signature:  Signed by GNT

Date Signed: 5/10/10

 

  Table of Content    
 

1.          PURPOSE  PAGEREF _Toc262110411 \h 1

2.          POLICY   PAGEREF _Toc262110412 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc262110413 \h 2

3.5           Property Control Unit PAGEREF _Toc262110414 \h 2

4.          ACTION  PAGEREF _Toc262110415 \h 3

4.1           Property Control Unit Operations  PAGEREF _Toc262110416 \h 3

4.1.1        Hours  PAGEREF _Toc262110417 \h 3

4.1.2        Central Cashier PAGEREF _Toc262110418 \h 4

4.1.3        Security in Property Control PAGEREF _Toc262110419 \h 4

4.2           Submitting Property and Evidence  PAGEREF _Toc262110420 \h 5

4.2.2        Receiving Evidence and Property  PAGEREF _Toc262110421 \h 9

4.2.3        Release of Property and Evidence: PAGEREF _Toc262110422 \h 9

4.2.4        Remote Property / Evidence Pickup System   PAGEREF _Toc262110423 \h 13

4.3           Locating-Storing-Retrieving-Disposing-Evidence/Property  PAGEREF _Toc262110424 \h 14

4.3.3        Evidence to Court (Non- Drug Evidence) PAGEREF _Toc262110425 \h 15

4.3.5        Remove Items from evidence as follows: PAGEREF _Toc262110426 \h 15

4.3.6        Weapons  PAGEREF _Toc262110427 \h 16

4.3.7        Disposition of Alcoholic Beverages  PAGEREF _Toc262110428 \h 17

4.3.8        Condemning Money  PAGEREF _Toc262110429 \h 18

4.3.9        Disposition of Money  PAGEREF _Toc262110430 \h 18

4.3.10      Returning Property to Owner PAGEREF _Toc262110431 \h 19

4.3.11      Locating Missing Property/Evidence  PAGEREF _Toc262110432 \h 20

4.3.12      Holding Currency and Personal Property  PAGEREF _Toc262110433 \h 20

4.4           Field Drug Testing  PAGEREF _Toc262110434 \h 23

4.4.7        Disposal of Field Tests  PAGEREF _Toc262110435 \h 24

4.5           Securing Narcotics Evidence  PAGEREF _Toc262110436 \h 24

 

 

4.5.4        Recording Information on Evidence Bags  PAGEREF _Toc262110437 \h 25

4.5.6        Submitting Drug Paraphernalia  PAGEREF _Toc262110438 \h 26

4.5.7        Storing and Disposition of Drugs  PAGEREF _Toc262110439 \h 27

4.5.8        Requesting Narcotics for Training Purposes  PAGEREF _Toc262110440 \h 27

4.5.9        Requesting narcotics thru DEA/Training Purposes  PAGEREF _Toc262110441 \h 27

4.5.10      Processing new narcotics evidence  PAGEREF _Toc262110442 \h 28

4.5.11      Narcotics evidence to Crime Lab  PAGEREF _Toc262110443 \h 29

4.5.12      Movement of drug evidence  PAGEREF _Toc262110444 \h 29

4.5.13      Purging old narcotics evidence  PAGEREF _Toc262110445 \h 29

4.6           Disposition of Unclaimed Property  PAGEREF _Toc262110446 \h 30

4.6.3        Conversion to inventory  PAGEREF _Toc262110447 \h 30

4.6.4        Police Auction  PAGEREF _Toc262110448 \h 30

4.7           Impounded Vehicles  PAGEREF _Toc262110449 \h 31

4.7.4        Release of a vehicle  PAGEREF _Toc262110450 \h 31

4.7.5        Holds on impounded vehicles  PAGEREF _Toc262110451 \h 32

4.7.6        Outstanding parking tickets  PAGEREF _Toc262110452 \h 33

4.7.9        Disposition of unclaimed vehicles  PAGEREF _Toc262110453 \h 33

4.8           Issuing Firearms  PAGEREF _Toc262110454 \h 34

4.9           Lost or Stolen City–Issued Service Weapons  PAGEREF _Toc262110455 \h 34

4.9.2        City-Issued Second Weapon  PAGEREF _Toc262110456 \h 35

4.10         Personal Equipment PAGEREF _Toc262110457 \h 35

4.11         Weapon Storage Area  PAGEREF _Toc262110458 \h 36

4.12         Audit and Inspection  PAGEREF _Toc262110459 \h 37

5.          DEFINITIONS  PAGEREF _Toc262110460 \h 38

6.          CANCELLATIONS  PAGEREF _Toc262110461 \h 39

7.          REFERENCES  PAGEREF _Toc262110462 \h 39

 

 1.               PURPOSE

 

This directive establishes policies and guidelines for receiving, storing, releasing and disposing of property seized as evidence and property held for safekeeping and for issuing supplies to APD employees.

 

2.               POLICY

 

The Department will securely store all evidence, contraband and other property coming into its custody; maintain the chain of evidence, and promptly dispose of items in accordance with Federal and State law.  Atlanta Police Department employees, particularly those in Property Control, will actively assist the public in recovering their rightful property and make every effort to maintain, it in the same or similar condition in which it was received by the Department.

 

3.               RESPONSIBILITIES

 

3.1              Bureau, division, section and unit commanders are responsible for the implementation of this directive within their commands.  .

 

3.2              The Support Services Division and Corporate Services Section commanders will monitor the implementation of this directive.  They will issue such command memoranda as necessary to guide the property control function, including the responsibilities of APD employees turning in property and evidence, requesting supplies, and maintaining the inventory.

 

3.3              APD employees are responsible for the safekeeping of evidence, property, and contraband until it is entered on the File on Q software, bar-coded, and turned in to the Property Control Unit.  The employee is also responsible for maintaining the chain of custody, for notifying the Property Control Unit when evidence is no longer needed for prosecution, and for making a concerted effort to identify and notify the owner or custodian of property.

 

3.4              Supervisors will monitor their subordinates’ compliance with this directive.

 

3.5              Property Control Unit

 

3.5.1           The PCU is the Property and Evidence custodian for the Atlanta Police Department.

 

3.5.2           The Property Control Unit is responsible for securely storing all contraband, evidence and property turned in by APD employees.  Property Control Unit employees are responsible for keeping the property in the same or similar condition in which it was received and for maintaining the chain of evidence.  Property Control Unit employees will also be responsible for releasing or otherwise disposing of property in accordance with the procedures set forth in this directive. Property Control is not responsible for fingerprint and photographic evidence kept by the Identification Unit.  Property Control has limited responsibility regarding impounded motor vehicles, as specified hereafter.

 

3.5.3           The Property Control Unit commander is responsible for the effective implementation of this standard operating procedure within the unit and for property held in custody, and for found, recovered, and evidentiary property.  The PCU commander is accountable for the control of all property accepted by or stored in the Property Control Unit.  Under the provisions of this directive, the PCU commander is authorized to release impounded vehicles, items from evidence, property to owners or custodians, and for the distribution or auction of property according to State laws and City ordinances provided reasonable efforts have been made to return property to the rightful owners. The PCU commander is responsible for ensuring that all Property and Evidence received must be accounted for and maintained in the same or similar condition as it was received.  The Property Control Unit commander will designate two employees as Narcotics Evidence Custodians.

 

3.5.4           The Narcotics Evidence Custodian’s primary responsibility will be to provide and maintain a system of storage for all of the Department’s drug evidence, while documenting and preserving the chain of custody of the drug evidence.

 

3.5.5           Employees assigned to the Property Control Unit are responsible for complying with all provisions in this directive, including properly logging on/off of their assigned computers. Special emphasis will be placed on the Central Cash Register.

 

3.6              The Fleet Management Unit commander is responsible for the acquisition, inventory, maintenance, and disposal of Department-owned motor vehicles; the inspection of impound lots; and the collection of fees from wrecker companies.

 

3.7              The Department's contract wrecker services are responsible for the storage of impounded motor vehicles and will release them at the direction of the Property Control Unit.

 

3.8              The Identification Unit is responsible for the storage and release of fingerprint and photographic evidence.  They are also responsible for the collection and packaging of evidence that will be submitted to the GBI Crime Lab.

 

3.9              The SWAT Unit is responsible for storage and destruction of explosive and incendiary material encountered in their operation. The Unit may transfer such evidence to the appropriate investigating agency.

 

3.10            The Communications Section commander is responsible for the inventory of 2- way radios.

 

3.11            The Department of Information Technology is responsible for the distribution, maintenance, and inventory of computer hardware and software, digital / video cameras and cell phones.

 

3.12            The Procurement Officer will supply badges to the Uniform Depot for distribution to the Academy for newly trained police officers.

 

3.13            The Personnel Services Unit is responsible for forwarding copies of all personnel orders to the Property Control Unit commander, and for updating personnel databases and keeping personnel assignment records current.

 

3.14            The Financial Investigations Unit (FIU) is responsible for coordinating the RICO seizure process for the Department in conjunction with Fleet Management and the Property Control Unit.  The FIU will act as the liaison between the courts and the Department.  All property and evidence recovered from seized vehicles will be collected and turned over to the Property Control Unit (PCU). The PCU commander will notify the FIU commander of these seized items.

 

4.               ACTION

 

4.1              Property Control Unit Operations

 

4.1.1           Hours

 

1.    The receiving area will be staffed and operational 24 hours every day. The release area will be staffed 8A.M. – 4P.M., seven days a week. Vehicles will be released seven days a week and property will be released Monday- Friday, except legal holidays.
(CALEA 5th ed. standard 84.1.3).

 

2.    The Uniform Depot Supply Office is staffed and operational Monday through Thursday, except legal holidays, from 6:00 A.M. to 4:00 P.M. The Property Control Unit commander will post these hours of operation in the receiving area and on Horizon. Employees needing access to the Uniform Depot on Fridays will go to the Supply Office for assistance.

 

3.    The Property Control Unit administrative office is staffed and operational Monday through Friday, except legal holidays. The Property Control Unit commander will determine their hours of operation.

 

4.1.2           Central Cashier

 

The cash register will operate 8 A.M. to 4P.M., Monday through Friday.  The watch supervisor will assign a cashier who will be responsible for cash transactions during the watch.  When the register is not in use, the cashier will lock the cash drawer and will have the register key on his or her person and will not leave it in the cash drawer. (APD.SOP.6061 “Revenue Reporting”)

 

1.    The cashier will enter all money in the register and will give a receipt to the person turning in the funds.

 

2.    At the end of the watch, the cashier will check the register, count the money, and sign the cash register printout.  A Property Control supervisor will verify that the money and the register’s transactions balance; if they do not balance, the supervisor will immediately make every attempt to reconcile the difference and will report the outcome of the discrepancy to the Property Control Unit commander in writing.

 

3.    No forms of payment are received by the Property Control Unit other than monies coming from other revenue receiving units within the Atlanta Police Department. Revenue is verified and placed in the safe. The accounting technician verifies revenue and prepares revenue for transport to the Finance Department weekly.

 

4.    The Property Control Unit commander or his/her designee will deliver the daily receipts report and the cash register printout to the Fiscal Unit promptly after 10:00 am daily except weekends and holidays.

 

5.    The Fiscal Unit will prepare the revenue report. The Property Control commander or a designee will verify that funds balance with the revenue report. The revenue report along with the money will be delivered to City Hall’s Treasury once a week.

 

4.1.3           Security in Property Control

 

1.    The PCU commander controls the building space assigned to the Property Control Unit.  All property and evidence will be stored in secured areas. PCU employees, when reporting for or leaving from duty must do so at entry/exit points established by the Property Control Unit commander.  Only PCU employees and persons identified and posted in writing may enter restricted areas unattended.  Doors and windows allowing entry into these areas will be locked or guarded at all times.  The drug vault, valuables vault, and weapons room will be locked at all times, except when occupied by authorized personnel.

       (CALEA 5th ed. standard 84.1.2)

 

2.    The commander of the Property Control Unit will ensure that a supervisor is always on duty or will notify the section commander when one is not available.

 

3.    All non-Property Control Unit employees desiring to enter secured work areas, such as the receiving area, release area, and the supervisor's office, must have permission from an on-duty PCU supervisor before going beyond the counter area.  The person granted authorization will be escorted by a PCU employee to their destination within the work area.  These areas are work areas between the counters and restricted area access points.

 

4.    Access to storage areas for in-custody or evidentiary items will be limited to authorized personnel only. All non-Property Control Unit employees, unless authorized by written posted authorization from the Property Control Unit commander, will sign the entry log posted at the access point to the restricted area and will fill in all spaces.  The on-duty Property Control Unit supervisor(s) will check that the log is filled out completely and all persons entering on their shift have signed in and out.  When all available spaces on the log form have been utilized, the log form will be forwarded to the PCU commander for filing.  A Property Control Unit supervisor or his or her designated employee must escort all non-Property Control Unit employees entering a restricted area (such as secured evidence/property storage area).  An additional log must be completed when entering the disposal storage area, weapons storage area, or drug storage area. The supervisor assigned to these areas will monitor the log and forward completed pages to the Property Control Unit commander as outlined above.

 

5.    The Property Control Unit commander will establish a system of access control to account for access to all areas of the Property Control Unit with emphasis placed on secured areas. The Property Control Unit commander will monitor access to the drug and valuables vaults by recorded video cameras and through the Alarm Board in Communications.

 

6.    The Narcotics Evidence Custodian(s) will each be provided with a key to the drug storage vaults, as well as a code for the drug storage vault TAC alarm and magnetic keypad. The Department’s drug evidence will be stored in the storage vaults located in the Property Control Unit.

 

4.2              Submitting Property and Evidence

 

4.2.1           Police officers will, as soon as possible and before the end of their tour of duty:

                  (CALEA 5th ed. standard 84.1.1 b)

 

1.    All property and evidence taken into custody must be entered on the File on Q software system as soon as possible (CALEA 5th ed. standard 84.1.1 a).  A new record / barcode is then generated for each package / item turned in.  Include the incident number, owner’s name, address, zip code and phone number, if known.  This information is vital to ensure future notification to the owner when their property is available for pick up.  Be sure to indicate in the incident report a detailed account of the circumstances by which the property came into APD’s possession such as, who found the property or evidence, specifics on where each item was found, and a description of each item of property obtained

       (CALEA 5th ed. standard 84.1.1 c)

 

2.    After entering all appropriate data into the File on Q software. The employee will print a barcode for each package and place the barcode on it. Use the appropriate property / evidence tag for large items and put the printed barcode for large items on the item(s).

 

3.    Turn into the Property Control Unit:

 

a.    all evidence must be packaged separately and labeled with the following: incident number, barcode number, owner’s/ suspect name, and brief description of item.

 

b.    all weapons, evidence, or non-evidence, and other items that might be used as a weapon.  All firearms must be unloaded/ cleared before entering the Property Control Unit facility. 

 

c.    certain property belonging to an arrested person. Personal property such as money, jewelry, wallets, pocketbooks, and the contents thereof will remain with the arrested person.  Pocketbooks must be searched for weapons.  All weapons, or property that might be used as weapons, and property other than described as personal will be turned into the Property Control Unit.

 

d.    all evidence envelope seals must be signed or initialed by the seizing officer , when submitting evidence to the PCU.

 

4.    When requested by a supervisor, list property and evidence taken into custody on the Property and Evidence Receipt form (Form APD-006). (CALEA 5th ed. standard 84.1.1 a) Include the owner’s name.  Be sure to indicate in the incident report a detailed account of the circumstances by which the property came into APD’s possession such as, who found the property or evidence, specifics on where each item was found, and a description of each item of property obtained. (CALEA 5th ed. standard 84.1.1 c)

 

5.    When requested by a supervisor, provide the owner's copy of the itemized Property and Evidence Receipt form to the owner of the property or evidence when it is taken into police custody.

 

6.    Do a complete inventory, properly package and tag all property and evidence before turning them over to the Property Control Unit.

7.    Employees will use the following guidelines for packaging and labeling evidence and property (CALEA 5th ed. standard 84.1.1 d):

 

a.    Whenever possible, evidence should be placed in sealed paper evidence bags with identifying markings placed on the evidence container. Upon sealing any evidence, the collecting officer will initial the bag, evidence tape or container.

 

b.    If the evidence is such that a paper evidence bag cannot be used, a larger or more appropriate bag or container may be used provided it is sealed and properly identified.

 

c.    Property Envelopes, Red Evidence Tags, and White Property Tags

 

(1)   Red Evidence Tags: are to be used for evidence firearms and all items that can be considered evidence that are too large or bulky for a property envelope. Attach barcode label to tag.

 

(2)   White Property Tags: are to be used for non-evidence firearms and all other non-evidence property too large or bulky for property envelopes. Attach barcode label to tag.

 

(3)   Property Envelopes: are to be used for evidence and non-evidence property except firearms. Evidence and non-evidence property must not be mixed in the same property envelope.  Money (U.S. currency) will be packaged separately from other evidence and non-evidence in a currency envelope.

 

d.    Bags or containers will include the Case Number (Incident Number), Officer ID Number, and label (with a File on Q barcode). The information will be placed in the appropriate location on the containers as follows:

 

 

 

 

 

                          

          Small Property Envelope        Medium Property Envelope              Evidence Envelope

 

 

                            

 Red Evidence Tag             White Property Tag                   Large Property Envelope

 

 

e.    Checks, credit cards, money orders, cashier's checks, jewelry, and other exceptional, valuable, or sensitive items, whether evidence or non-evidence will not be mixed in the same property envelope with other evidence and non-evidence. Officers will seal the property envelope and initial the seal before turning it over to the Property Control Unit.  (CALEA 5th ed. standard 84.1.1 e) Jewelry consisting of precious metals, precious stones, and/or semi- precious stones will be handled with enhanced security measures consistent with its perceived value. Each piece of fine jewelry or suspected fine jewelry will be documented individually and packaged individually. This will allow the APD to track and account for each piece of jewelry. In addition, jewelry will be stored in the currency vault due to its potential value.

 

f.     Jewelry is considered articles of gold, silver, precious stones, etc, for personal adornment. In addition, any ornaments for personal adornment which include necklaces, cufflinks, tie pins, bracelets, rings (made of precious metals set with gems or imitation gems), and watches, including those of base metals, glass, plastic or the like. This will not include obvious costume jewelry or toy jewelry.

 

8.    No evidence will be stored in desks, offices, personal lockers, case files or other unauthorized places. All evidence will be turned over to the property and evidence custodian as soon as possible.

 

9.    Follow procedures in Section 4.5 when turning in drugs. Only Property Control Unit drug custodian employees will take custody of drugs. 

 

10.  Follow these procedures when turning in U. S. currency under $10,000.00:

 

a.    Enter the information as normal into the File on Q and print out the barcode label.

 

b.    Go to the cash validating machine and press “Insert Bills” on the touch screen.

 

c.    When prompted enter in the PIN Code “1111”.

 

d.    Place a stack of bills in one of the two intake slots.

e.    When all of the bills have been accepted press “Done”.

 

f.     A receipt will print out with your total on it. Write your incident number on the receipt. 

 

g.    Fill out a currency envelope as normal and place the receipt along with any loose change in the currency envelope.  Attach barcode label, seal the envelope and turn it in as normal.

 

11.  Follow these procedures when turning in U. S. currency over $10,000.00:

 

a.    Police officers will separate all money by denomination and coin(s), then count and total them by denomination.  The Property Control Unit Technician will then count and verify the amount in the same manner.  The total number of bills by denomination and the total money amount will be entered on the currency envelope.  The money will then be placed in the currency envelope, sealed, and the initials of both persons handling the money will be written over the sealed area of the bag.

 

b.    All monies in excess of $10,000.00 will be brought to the Property Control Unit unsealed.  The on-duty Property Control Unit supervisor will count and verify the monies contained in the package. The PCU supervisor will initial the property envelope verifying the monies contained in the package.

 

12.  Under exceptional circumstances, the officer may not be able to turn in evidence or property before the end of the tour of duty. The exceptional circumstances must be   authorized by directive and documented in the officer’s report. The Property Control Unit commander will notify the chain of command of items of property or evidence that were not turned in by the end of the officer’s tour of duty and do not meet one of these exceptions:

 

a.    Another law enforcement agency has responsibility for the investigation and had custody of the evidence and/or property.

b.    Articles that are wet with blood or other bodily fluid and must be dried prior to submission.

 

c.    Explosives, flammable liquids, and other hazardous substances will not be turned in to Property Control, but the officer will document their custody and disposition in his or her incident report or supplement.

 

4.2.2           Receiving Evidence and Property

 

1.    Property Control Unit employees assigned to the Intake Area will review all packaging turned in for accuracy.  If the packaging method does not meet the property room standards, the clerk will refuse to accept the package and notify their immediate supervisor. This principle is known as the “RIGHT OF REFUSAL”.  If an item is not acceptable, the Property supervisor will explain to the officer what must be done before the item will be accepted. If the officer cannot resolve the issue, he or she will contact his or her supervisor to rectify the problem so that the article will be acceptable to turn in to the Property Control Unit Intake Area.  This will be documented in writing and forwarded to the Property Control Unit commander by the end of the watch.

 

2.    The Property Control Unit will accept in the intake area all evidence, contraband, and other non-perishable property coming into the custody of Atlanta Police Department employees.  A representative of another agency who brings items must be accompanied by the responsible APD employee, and provide the identification and contact information for the transporting person.

 

3.    For safety and security, no item will be accepted by Property unless the contents have been checked and verified by the officer turning in the item.  The Property Control Unit employee will accept sealed packaging (except currency) that meets the standards of the Property Control Unit.  The responsibility for the contents of a sealed package accepted by the Property Control Unit rest solely with the employee who sealed the packaging, not  the Property Control Unit.

 

4.    The receiving technician will scan the barcode of the item, and then take custody of the item.  The Property Control Unit technician will stamp all sealed packages “Received Sealed” when accepting a properly sealed package.

 

5.    Crime Scene Technicians or investigators who collect evidence that is being submitted to the Georgia Bureau of Investigation’s Division of Forensic Sciences (DOFS) for testing, will bring the packaged items to the Property Control Unit in order to ensure the items are on the File on Q database.  The Property Control Unit employee will then scan the item out to the GBI, have the Crime Scene Technician or investigator sign for the item and then release the item for delivery.  In addition to the main label, a GBI label and/or required form(s) will be printed and attached to the outside of the evidence package. In accordance with the submission requirements of GBIFS, the sealed evidence packaging will not be opened by Property Control Unit employees.

 

4.2.3           Release of Property and Evidence:

                  (CALEA 5th ed. standard 84.1.1g)

 

1.    Temporary Release: Property or evidence may be temporarily removed from the Property Control Unit for:

 

a.    Transmittal to the Atlanta or GBI Crime Lab for examination;

 

b.    Examination by the prosecuting attorney;

 

c.    Presentation in a trial or hearing;

 

d.    Release to an officer to be shown to a victim or possible owner.

 

2.    Permanent Release: Property or evidence may be permanently removed from the Property Control Unit for:

 

a.    Transmittal to the GBI Crime Lab for examination and storage;

 

b.    Examination by the prosecuting attorney and storage;

 

c.    Presentation in a trial or hearing and permanent storage;

 

d.    Release to an officer of another agency;

 

e.    Return to an owner, or other claimant; 

 

f.     Sale, retention for City use, or discarded/destroyed as authorized by law.

 

3.    Transfer of Custody: Any employee of this Department who assumes custody of evidence or property from the Property Control Unit will bear full responsibility for ensuring its security, proper storage and maintenance, and for the ready retrieval of such item upon demand by the PCU commander.

 

4.    When notified, the Disposal employee(s) will collect the property and evidence from the GBI Crime Lab.

 

5.    Authorization for Release:

 

a.    Items held as property may be released to the owner or other claimant by written authorization or notification through the File on Q software from the seizing officer or investigator assigned to the case, the Office of the District Attorney or Solicitor, or by court order. 

 

b.    Evidence may be released only when it is no longer needed for evidentiary purposes. The seizing officer, investigator assigned to the case or prosecuting attorney will notify the Property Control Unit as soon as it is determined that evidence is no longer needed for evidentiary purposes and may be disposed of pursuant to State Law and policy.

 

c.    The request for release can be made through the File on Q software by following the procedure listed below:

 

(1)   To submit a request for evidence, first search from the home screen for the item(s) wanted by entering the case number or barcode number of the item. If several items display, click on the browse icon and choose the item(s) from the list.

  

(2)   Click on the icon that says “Request” on the toolbar as indicated below:

 

 

(3)   The following box will appear.  Click on “Select” as indicated below:

 

 

 

(4)   Choose the desired action from the list:

 

 

(5)   Choose the date and time for the action to occur, and any notes that are necessary.  Click OK.    If requesting several items, place a check mark in the REQUEST ALL box.  Click on OK and the request goes immediately to Property Control as indicated below:

 

                     

 

d.    When an employee receives an aging evidence report, he or she will update the record using the File on Q software using the instructions on aging evidence report.

 

6.    Documentation: Whenever property or evidence is either permanently or temporarily removed or released, the Property Control commander will ensure that all records, documents, property/evidence control records and files reflect the release or removal.

 

7.    Final Disposition:

 

a.    All evidence no longer needed for evidentiary purposes in felony cases (with the exception of contraband) will be returned to its lawful owner unless other disposition is directed by law or by court order to the Department. If the lawful owner fails to claim the evidence or property, an application will be made to the Superior Court to dispose of it by: (O.C.G.A. 17-5-54)

 

(1)   Discarding;

 

(2)   Sale;

 

(3)   Destruction; or

 

(4)   Retention by the agency for official law enforcement purposes.

 

b.    Any property or evidence condemned through either Federal or State asset forfeiture procedures will be disposed of in accordance with Federal instructions or State court order.

 

c.    Unclaimed currency and the proceeds received from the sale of any personal or tangible property will be transferred to the City of Atlanta’s General Fund.

       (O.C.G.A.17-5-54)

 

d.    The final disposition of found, recovered, and evidentiary property will be accomplished within six months after legal requirements have been met.

       (CALEA 5th ed. standard 84.1.7)

 

8.    Disposal of Evidence with Court Dispositions

 

a.    The PCU will change the status of evidence to property when a court disposition for the individual case/incident has been determined, with the exception of narcotics evidence.

 

b.    The change in the status of the property/evidence will give the PCU commander the authority to release or discard former evidence that is no longer needed for court and has a disposition on record.

 

c.    The PCU will work in conjunction with all judicial court systems, to obtain dispositions in order to release/destroy evidence that is no longer needed for court.

 

(1)   The PCU commander may convert evidence to property once a disposition has been obtained on record from the court.

 

       (a)     In cases with multiple defendants, the evidence will not be converted to          property until all defendants have a disposition on record.

 

       (b)     The disposition will be entered into the comments section of the PCU             tracking software.

 

       (c)     The property will then be discarded in accordance with Section 4.3

                of this directive.

 

4.2.4           Remote Property / Evidence Pickup System

 

1.    Officers, Investigators, and Crime Scene Technicians Responsibilities:

 

a.    Officers, Investigators, and Crime Scene Technicians will enter eligible items of property / evidence in their custody into the File on Q system at the Zone Precincts, the SOS Precinct, the Airport precinct, and the Public Safety Headquarters.

 

b.    After entry into the File on Q system, the Officers, Investigators, and Crime Scene Technicians will print a barcode and place it on the item as identified in 4.2.1. 7 d of this SOP.

 

c.    The Officers, Investigators, and Crime Scene Technicians will place the following information in the log book by the remote lockers:

 

(1)   Date / Officer Name / Case Number / Barcode Number / Locker Number

 

d.    The Officers, Investigators, and Crime Scene Technicians will close and secure the locker before leaving them (the lockers).

 

2.    The Property Control Unit Employee Responsibilities:

 

a.    The PCU will dispatch the property / evidence transport vehicle form the Public Safety Annex.

 

b.    The truck will be manned by a minimum of two APD PCU employees at all times.

 

(1)   One of the APD PCU employees will be sworn and the other employee will be a civilian.

 

c.    The property / evidence transport vehicle will go to each Zone precinct, SOS, the Airport precinct and the Public Safety Headquarters to pick up any eligible items of property and / or evidence stored by officers, investigators, and crime scene technicians.

 

d.    The PCU employee will check the contents of the locker against the log book filled out by the officers, investigators, and crime scene technicians.              The PCU employee will place his initials in the log book by each item that they pick up indicating they have taken possession of the item.

 

e.    Any discrepancies between the log book and items in the locker will be immediately brought to the attention of an on duty supervisor in the location in which the iscrepancy occurs.  A notation will be placed in the log book as to the discrepancy and who was notified.  The notified party will initial the logbook.

 

f.     The PCU employee will also fill out a Property / Evidence Non- Compliance     form (Form APD 517) and turn it into their PCU supervisor immediately             when they return to the Property Control Unit.  The notified supervisor will sign this form.

 

g.    Afterwards, it will be the responsibility of the notified supervisor to investigate the discrepancy or notify the appropriate supervisor for    investigation.

 

h.    A PCU supervisor will contact the notified supervisor within 24 hours in an attempt to ascertain a resolution to the discrepancy.   

 

i      Each item picked up will be scanned to the custody of the PCU when taken out of the locker.

 

j.     Any item(s) not properly labeled, ineligible for transport, or mishandled, will     not be transported.

 

k.    Any item(s) not being transported will be placed in a designated locker, with   a note, describing why the item(s) was/were not accepted for transport. The Zone supervisors will check their designated lockers daily for items left by the PCU employees.

 

l.     The PCU employee will then load the eligible item(s) of property / evidence into the property / evidence transport vehicle.

 

m.   Once the PCU transport vehicle is loaded with any property and/or     evidence, it will not be left unattended for any reason.

 

n.    Ineligible Items for PCU Transport

 

o.    The following items are ineligible for transport and remote locker storage         and they will be transported to the PCU by the Officers, Investigators, and Crime Scene Technicians who took custody of the items:

 

(1)   Narcotics;

 

(2)   Currency;

 

(3)   Firearms;

 

(4)   Hazardous Materials (Blood, Body Fluids, Rape Kits, etc.);

 

(5)   Oversized Items that will not fit in locker;

 

(6)   Items needing to be kept refrigerated;

 

4.3              Locating, Storing, Retrieving, Disposing of Evidence/Property

 

4.3.1           The Property Control Unit commander may authorize the destruction of volatile, explosive, corrosive, or perishable materials.  Explosive or volatile materials will be directed to SWAT for storage or destruction.

 

4.3.2           A PCU employee who finds property within the Property Control Unit that has no affiliated property paperwork will submit a found property report. The purpose of this procedure is to create a paper trail for the found item(s) and to subsequently enable the Property Control Unit to properly dispose of the item.

 

4.3.3           Evidence to Court (Non- Drug Evidence)

 

1.    Evidence will be released to the reporting officer, case investigator, or prosecutor or his or her designee for presentation in court. The request will be made at least 24 hours in advance. The officer or prosecutor must sign the property release form and will be given a copy.  The receiving technician will document in the evidence database the date of release and to whom it was released.

 

2.    Evidence will be returned in original packages with tags attached.  Should the court retain the evidence, officers will return the computer-generated property release form signed by the appropriate prosecutor or court officer.

 

3.    Officers should release items from evidence to Property Control within 24 hours after being notified of the disposition of the case in court if it is no longer necessary to the prosecution of the case.

 

4.    When evidence is returned, the receiving technician will document in the evidence database the date of return and who returned the evidence.

 

4.3.5           Remove Items from evidence as follows:

 

1.    The reporting officer, or the officer's immediate supervisor, signs the Property Control master logbook or the blue “aged evidence report” authorizing the release.  Only a supervisor in the investigation unit may release evidence in a case involving a Part I crime, traffic fatality, or hit- and-run.  The reporting officer or his/her immediate supervisor should release the evidence as soon as possible after the case is disposed of in court.  The officer will notify the owner that the property must be claimed within 60 days. The Property Control Unit commander will notify officers through the chain of command who have evidence in Property past 90 days.  Through the blue “aged evidence report,” officers will be asked to release any evidence that is not needed in court.  Division, section, and unit commanders will ensure that aged evidence reports are returned to the Property Control Unit in a timely manner

 

2.    Court Ordered Releases and Holds for Property and Evidence

 

a.    A court of competent jurisdiction authorizes the release by court order.  Bring the original court order to Property Control. When a court order is received for any property with a hold for FIU, the court order must be sent to FIU in accordance with

       Section 4.3.12 “Holding Currency and Personal Property” of this SOP.

 

City ordinance violation

Municipal Court judge or higher authority

State misdemeanor

State Court judge or higher authority

Felony

Superior Court judge or higher authority

 

b.    The Property Control Unit will hold all evidence associated with City ordinance violations and misdemeanor crimes until it is no longer needed for prosecution or until a reasonable period of time has elapsed.

 

       (1)      If evidence is found to be more than two years old and associated with a city          ordinance violation, the property or evidence will be pulled for disposal.

 

       (2)      If evidence is found to be more than four years old and associated with a          state misdemeanor, the property or evidence will be pulled for disposition.

 

       (3)      If an item of evidence is entered into the File on Q system where the owner           and victim fields are listed as “Unknown”, the Property Control Unit will hold           this evidence for a period of one year.  At the conclusion of one year, if the           owner and victim fields remain “Unknown”, the Property Control Unit               Commander has the authority to change the status of the items from           Evidence to Property and pull the items for disposition.

 

       (4)      If evidence is found to be from a non-violent felony and is more than four           years old, the evidence will be pulled for disposition. 

 

       (5)     The Property Control Unit commander will notify the City of Atlanta’s and the

                Fulton, DeKalb and Clayton County’s Solicitor’s Office in writing each time          that evidence from a case is to be pulled.  The Property Control Unit will          request notification if the solicitor’s offices feel that the disposal of                    property or evidence will jeopardize any case.

 

       (6)      The Property Control Unit will obtain a court order for the disposal of any           evidence associated with the violation of City ordinances or misdemeanor     crimes.

4.3.6           Weapons

 

1.    The PCU employee will receive all firearms and assign a permanent storage location and place it in the Firearms Locker.  The Armorer will assign a long term storage location.  The Firearms Locker is to remain locked at all times.

 

2.    The Property Armorer will check all firearms to ensure they are unloaded for safety and to prevent any accidental discharge when removing them from the Firearms Locker.  If any firearms are loaded, the Property Armorer will contact SWAT or the APD Crime Lab Firearms Examiner for assistance. The Property Armorer will complete a GCIC check on each firearm.  Upon completion of the GCIC check, the firearms will be stored on the Bureau of Alcohol, Tobacco, and Firearms (ATF) cart.

 

3.    The Property Armorer or the responsible supervisor will give representatives from ATF workspace and access to the cart so that the data on each firearm to perform Trace Evidence checks is completed.  After completing this process, the Property Armorer or responsible supervisor will place long guns in their permanent storage locations.  The APD representative assigned to the GBI Crime Lab will transport all handguns to the GBI Crime Lab facility.

 

4.    The APD Crime Lab will test fire each evidence weapon and recover the bullets and cartridge cases for entry into NIBIN. Once test fired, the firearms are returned to Property Control and placed in their permanent storage locations. The test fired bullets and cartridge cases will be stored at the APD Crime Lab.

 

5.    Before releasing a firearm to an owner, the Property Armorer or responsible supervisor will perform a criminal history check of the owner, through the Atlanta Criminal Information Center (ACIC) to check for any felony convictions. If an evidence firearm is returned to any member of the public, the Property Control Unit supervisor must notify the APD Crime Lab so that the case status can be updated in the NIBIN system.

 

6.    Pursuant to City Code Section 98-48 (b), the Property Control Unit will destroy "any dangerous or deadly weapon used in the commission of a crime," including firearms and knives, after a year has passed since the conviction or the exhaustion of any appeals in the case. In a Part I crime, traffic fatality, or hit-and-run investigation, only a supervisor in the investigative unit may release evidence in that case.

 

a.    Upon notification of conviction, a Property Control technician will pull the weapon, mark the computer record for destruction, and date it.  The technician will store the weapon in the weapons vault.

 

b.    During the year waiting period, the weapon can be released only by a court order.  Court orders will be filed in the released-property-and-evidence file.  The Federal Brady Law and applicable state laws require Property Control Unit employees to perform criminal history checks through the Atlanta Criminal Information Center (ACIC) to check for any felony conviction when any released firearm is received.

 

7.    Pursuant to City Code Section 98-48 (c), the Property Control Unit will destroy "pistols, knives, metal knuckles and similar weapons" that have not been claimed by their owners.

 

8.    A Property Control technician will pull the weapons identified in paragraphs 6 and 7, and process them.

 

a.    The technician will record the weapons, showing owner's name, serial number, incident number, date acquired and a brief description of the weapon.  If the weapon is to be destroyed pursuant to City Code 98-48 (b), the technician will also list the incident number.

 

b.    A Property Control employee will obtain a court order authorizing the destruction of the weapons.

 

c.    Two Property Control employees will maintain custody of the weapons until they are destroyed and will witness the destruction. They will document the destruction and file the documentation within the unit.

 

4.3.7           Disposition of Alcoholic Beverages

 

1.    Illegal alcoholic beverages not classified as evidence will be destroyed immediately.

 

2.    Legal alcoholic beverages will be held for 90 days like other property.  If they are not claimed after 90 days, the Property Control Unit will destroy alcoholic beverages that are open or have broken seals.  The Property Control Unit will notify the Georgia Department of Revenue that legal alcoholic beverages with intact seals are available for disposal. If the Department of Revenue picks up the alcohol, then obtain a signed receipt and file the receipt. If the Revenue Department directs the City to destroy the alcoholic beverages, do so.

 

3.    The destruction of alcoholic beverages will be witnessed by two Property Control employees and will be documented in the evidence database.

 

4.    The supervisor assigned to the Disposal component of the Property Control Unit will make a monthly report to the Property Control Unit commander, stating the amount and kinds of alcoholic beverages destroyed or transported to the Department of Revenue.

 

4.3.8           Condemning Money

 

1.    When an officer turns in money derived from drug, gambling, or illegal whisky offenses, the property receiving technician will mark it as drug, gambling, or illegal whisky money in the evidence database.

 

2.    Only the Financial Investigations Unit can authorize the release of money that is placed in “hold” status.  After the FIU has released its hold, if the money is still evidence, the officer or prosecutor will also have to release it.

 

3.    For further guidance on money held as property or evidence, see APD.SOP.6031 “Holding Currency and Personal Property.”

 

4.3.9           Disposition of Money

 

1.    After money has been in evidence for thirty days, the disposal supervisor will pull a thirty-day report from the evidence database.  Members of the Counting Team assigned to Fiscal will open and count the contents of the property envelopes identified in the report after having the Disposal supervisor pull it.  After counting the monies in each property envelope, a member of the counting team and the Disposal supervisor will complete the appropriate paperwork, and then transport the funds to the bank for deposit in the Evidence /Prisoner Fund Checking Account. Funds can also be transported by the authorized Armored Car Company and deposited in the bank.

 

2.    Damaged and Counterfeit Money

 

a.    Damaged currency will be exchanged at the Federal Reserve.  If the reporting officer asks to retain the actual currency, it will be kept in the vault.

 

b.    When counterfeit currency is found during the count or deposit at the bank, the Disposal supervisor will write and submit a police supplement report utilizing the original complaint number. Forward copies of the supplemental report to the Property Control Unit commander, the police employee that turned the currency in, and the employee’s section commander.

 

c.    Any counterfeit currency found during the count will be placed in a new property envelope along with the original property envelope and held for the U. S. Secret Service.  The Disposal supervisor will enter the change in the amount on the evidence database utilizing the original report number.  The comment field will contain all parties present on the counting team and the date found.  A copy of the print out will be forwarded to the Property Control Unit commander.

 

d.    Any counterfeit currency found during the deposit at the bank will be kept by the bank and held for the U. S. Secret Service.  A copy of the bank form showing the funds were kept will be obtained from the bank by the Disposal supervisor.  The Disposal supervisor will enter the change in the amount on the evidence database utilizing the original report number.  The comment field will contain all parties present at the bank and the bank representative finding the counterfeit funds and the date found if not included on the bank report.  A copy of the print out and the original bank report will be forwarded to the Property Control Unit commander.

 

3.    The disposal supervisor will deposit money that is taken for safekeeping from arrestees in the Prisoner Fund checking account in accordance with Section 4.3.9 (1) above. When writing checks to return money to arrestees, the following policy will be followed: When a check is greater than $1,000.00, two supervisors must sign the check. For checks greater than $5,000.00, the Unit commander must be one of the two signing supervisors.

 

4.    Only the day watch Property Control Unit supervisors may write checks from the Prisoner Fund Account.

 

5.    Only the Property Control Unit commander and the Administrative Sergeant may write checks from the Evidence Fund Account.

 

6.    The Fiscal Unit will balance the checkbook accounts monthly on receipt of the bank statements.

 

4.3.10         Returning Property to Owner

 

1.    If possible, the officer should contact the rightful owner or claimant of stolen, lost, misplaced or abandoned property and return the property to them; or notify them to pick it up at the PCU.

 

2.    In the event the owner cannot be determined, located, or contacted and the property cannot be returned, the property will be released to the Property Control Unit for security and disposition.

 

3.    The Property Control Unit will make every effort to notify the rightful owner of property prior to its disposal.

 

4.    To obtain the release of property, a person must show proof of identity such as a current driver’s license or other acceptable identification with photograph (approved by supervisor). The person must also provide proof they have a right to have the property.

 

5.    When someone other than the owner seeks the release of property, he or she must present an original notarized letter of authorization from the owner authorizing the bearer to take custody and listing the property to be released. This individual must also provide proof of identity such as current driver’s license or other acceptable identification with photograph approved by the supervisor.

 

6.    After property has been held for 60 days, the Property Control Disposal Unit supervisor will print a Disposal Notice from the evidence database.

 

7.    The Disposal Notice will be mailed to the owner reminding them to claim it, including the scheduled date of disposal in accordance with the City of Atlanta’s Code of Ordinances. (CALEA 5th ed. standard 84.1.1f)

 

4.3.11         Locating Missing Property/Evidence

 

When property and/or evidence cannot be located, the following process will be initiated by the PCU commander:

 

1.    The PCU commander will initiate and direct an immediate search for missing property and/or evidence.  The search will include, but is not limited to, creating a file for the item and reviewing the records in the PCU database and manual files.  Copies of all paperwork and actions taken will be made a part of the file and kept by the PCU commander.

 

2.    If the item is located, the PCU commander will close the file indicating where the item was located and any actions taken for the item not being in its proper location.  If the item is not located and all methods used have been exhausted and documented in the file, then the Office of Professional Standards (OPS) will be contacted by the PCU commander and they may conduct an investigation and recommend actions based on their investigation

 

3.    When property is requested by a citizen and it is not located and all means to locate the item have been exhausted, the PCU commander will give the citizen a “Clerk of Council” Claim Form (City of Atlanta Law Department form) and the number to the City Attorney’s office (404-330-6400) in addition to calling OPS.  All shall be documented in the file.

 

4.    The PCU commander will explain to the citizen to attach a brief letter describing the item that could not be located, an estimated value and any proof of the value such as a sales receipt or quote.  This procedure can also be obtained by going to the main City of Atlanta (COA) website (http://www.Atlantaga.gov/).  Click on Departments, then Law, and select Frequently Asked Questions (FAQ).  It is the first question asked and answered.

 

5.    The PCU commander will be the liaison on behalf of the Atlanta Police Department and the Department of Law until the claim is settled.  The PCU commander shall familiarize him/herself with the appropriate city attorney assigned by the Department of Law to handle claims of this nature, initiate the call to report the citizen’s claim, and send any requested documents to the Department of Law representative in a timely manner.

 

6.    For items of Evidence that are not located, the PCU commander will appear in the appropriate court and testify when requested and attest to the actions taken to locate the  item(s) of Evidence and the procedures of the PCU.

 

7.    All files created for items not located become a part of the chain of custody and therefore must be maintained indefinitely.

 

8.    The search for items that are not located will be ongoing and documented in the file(s). If an item of Property is located after a claim is settled with a citizen, the item is considered city property and will be handled in accordance with O.C.G.A. 17-7-50 et al. If the item is Evidence, the appropriate officer, investigator, or the District Attorney’s office shall be contacted immediately and notified of such.

 

4.3.12         Holding Currency and Personal Property

 

1.    All Department employees will follow all of the guidelines for releasing and holding currency and personal property seized as a result of illegal narcotics and gambling involvement. 

 

2.    The Atlanta Police Department's Financial Investigations Unit (FIU) will investigate all cases   involving the seizure of monies and personal property involved in illegal drug and gambling activities.   All cases that meet state and federal guidelines for seizure will be processed through the Financial Investigations Unit.

 

a.    Division and section commanders will ensure that this directive is adhered to in their respective command.

 

b.    Sworn employees will turn in all monies and personal property subject to seizure by the Financial Investigation Unit to the Property Control Unit.

 

c.    The Property Control Unit will receive, secure, maintain, release and dispose of property seized as evidence and property held for safekeeping.

 

(1)   The Property Control Unit will ensure that a “hold” is placed on all currency, and personal items confiscated during an arrest for illegal narcotics activity.

 

(2)   The Property Control Unit's Assets Forfeiture Coordinator will create files for all forfeiture cases by names and complaint numbers.

 

d.    The Criminal Investigations Division commander will ensure that all items seized meeting state and federal forfeiture guidelines are processed in a timely manner and those items seized that do not meet state or federal guidelines are released.

 

e.    The Central Records Unit will ensure that a copy of all drug related incident reports involving seized currency, and/or personal property is forwarded to the Financial Investigations Unit within three days of the incident.

 

3.    Sworn employees will turn in all monies and personal property subject to seizure to the Property Control Unit.  They will place a "Hold" for FIU on items or on impound vehicle reports. They will attach a copy of the police report and photo of all monies seized over $500.00 to the property/evidence report.

 

4.    The PCU’s Duties in Regard to Holding Currency and Personal Property

 

a.    Property Control will create a file for each currency case in which FIU advises that it will “Hold” or “Release”.  The file will contain the “HOLD or RELEASE” memorandum, a printout from the property/evidence data base of the confiscated monies or property, and a copy of the condemnation request form and/or when applicable, a final order of forfeiture/default judgment from Superior Court.

 

b.    Property Control will give FIU a receipt for all “HOLD or RELEASE” memoranda, copies of condemnation requests, and final orders of forfeiture that FIU submits to Property Control.  If Property Control does not have the proper documentation from FIU to hold drug monies after 20 days for State seizures and 60 days for Federal seizures, and gambling monies of $500.00 or more after 10 days, the Property Control Unit will release the currency and property (provided all other conditions of release have been satisfied).  The Financial Investigations Unit will be notified before any currency or property with a drug hold is released.

 

c.    The Property Control Unit will hold copies of reports submitted by confiscating officer for FIU pick up each working day.  This will serve as notification that the monies or property has been processed.

 

d.    The Property Control Unit will notify the Financial Investigations Unit within 24 hours after currency has been processed.

 

e.    The Property Control Unit may place a sixty (60) day "Hold" after being directed by the Financial Investigation Unit on seizures forwarded to the Drug Enforcement Administration (DEA).

 

f.     The receiving clerk will forward copies of the police reports and photograph submitted by sworn personnel to the Property Control Unit's Asset Forfeiture Coordinator.

 

g.    The Property Control Unit will update the Property Control Unit's computer to indicate pending district attorney's actions and file copies of forfeiture action documents in the asset forfeiture pending case files. 

 

5.    The FIU’s Duties in Regard to Holding Currency and Personal Property

 

a.    The Financial Investigations Unit will pick up from Property Control each working day, copies of reports submitted by the reporting officer concerning confiscated money or property.  FIU will review all drug related incident reports to determine whether or not they meet state or federal guidelines. 

 

b.    The Financial Investigations Unit will, within 20 days from the date of drug money seizures and 10 days of gambling money seizures, fax a memorandum to the Property Control Unit to “Hold” or “Release” currency over $500.  The FIU will indicate in the memorandum, if applicable, whether the seizure is a State or Federal seizure (cases forwarded for state or Federal seizures can be held up to 60 days from seizure).

 

c.    The Financial Investigation Unit will fax the Property Control Unit a copy of the condemnation request when the case is ready to be filed with the District Attorney's office or the U. S. Department of Justice.    

 

d.    The Financial Investigations Unit will, within 3 days after receiving the court's final disposition, fax a copy of the final order of forfeiture/default judgment from the "Courts of Jurisdiction" to Property Control Unit.

 

6.    Release of Currency Holds

 

a.    All monies being held pending court actions will not be released without a court order from the Court of Jurisdiction.

 

b.    Monies being held as evidence and being released by the Financial Investigations Unit must also be released by the seizing officer or the officer's supervisor.

 

c.    All monies being held pending ten (10), twenty (20) or sixty (60) days "Holds" will be subject to release if the forfeiture action was not filed within the time period required by law.

 

d.    The Property Control Unit accountant or designee will disburse funds in accordance with court orders.  Copies of the final order of forfeiture/default judgment and records of disbursements will be maintained in the forfeiture action case file.

 

e.    A Property Control Unit supervisor will review all releases of seized funds and will ensure that releases follow guidelines within this policy.

 

f.     A Property Control Unit supervisor will approve all disbursements of funds and will sign all checks in accordance with guidelines set forth in APD.SOP.6061 “Reporting Revenue”.

 

4.4              Field Drug Testing

 

4.4.1           The Property Control Unit will maintain adequate supplies of “Drug Testing Kits” and accessories to test Cocaine, Heroin, LSD, Marijuana, Methamphetamine and Ecstasy.

 

4.4.2           Sworn employees making a drug arrest may test confiscated drugs at the Property Control Unit‘s intake area.  They will follow section 4.5 of APD.SOP.6030 (Property and Evidence Control) directive on “Securing Narcotics Evidence” when turning in evidence and contraband.

 

4.4.3           Sworn personnel making a drug arrest may utilize the appropriate drug testing kit to determine positive or negative results on sampled evidence confiscated in drug arrests.  Uniform officers will request respective drug kits from the Property Control Unit when turning in evidence and contraband.  The kits are listed as follows:

 

1.    Cocaine Test Kit G

 

2.    Heroin  Test Kit B

 

3.    LSD Test Kit D

 

4.    Marijuana Test Kit E

 

5.    Methamphetamine and Ecstasy – Kit U

 

4.4.4           Officers conducting field drug tests will make every effort to prevent evidence from being exposed to direct sunlight or tested on contaminated surfaces when packaging drug samples.

 

4.4.5           Sworn employees making drug arrests will list in the narrative of their APD Incident reports the step-by-step procedures followed to arrive at positive or inconclusive results from field tested drug evidence samples after the remaining contraband has been secured in the Department’s drug evidence locker.

 

4.4.6           When using drug testing kits, officers are reminded that a small test sample provides a better color reaction and the opportunity for any inconclusive reaction to occur is minimized.

 

4.4.7           Disposal of Field Tests

 

1.    When disposing of used field drug kit ampoules (pouches), officers will always use disposable latex gloves.  Upon completion of each test, the officer will open the pouch and pour a tablespoon of baking soda into the ampoule.

 

2.    Officers will allow for the acid neutralizer (baking soda) to work with the top of the pouch off for two minutes and then reseal the pouch. Holding the pouch in his or her hand, the officer will pull one disposable latex glove inside out so the pouch is contained inside the glove.

 

3.    Officers will discard the used gloves and drug test kit (pouch) into a disposable trash container located within the Property Control Unit’s Intake Area.

 

4.    Officers will not place used drug test kits into the Property Control Unit’s narcotics evidence locker.

 

4.5              Securing Narcotics Evidence

 

4.5.1           When turning in drug evidence and contraband, the officer will deliver the items to the Property Control Unit as soon as possible and before the end of his/her tour of duty.

 

1.    A narcotics evidence locker, located in the Property Control Unit, will be used for storing narcotics evidence.

 

2.    The seizing officer is responsible for maintaining the chain-of-custody of drug evidence until it is deposited in the narcotics evidence locker.  The seizing officer will be responsible for packaging and labeling all drug evidence that is being submitted for analysis in accordance with the State’s Division of Forensic Science (DOFS) and the Atlanta Police Department guidelines. The seizing officer will sign or initial the evidence envelope seal when turning in drugs to the PCU. The seizing officer will complete the procedure on the File on Q in its entirety and generate the barcode label.  The label will be affixed to the evidence envelope by the officer.   The officer will affix the barcode in the appropriate location on the drug envelope as follows:

 

 

 

 

3.    All drug evidence will be submitted in a clear sealed outer plastic evidence bag and a secured inner plastic bag.  Do not use the manila or light blue evidence envelopes to package drug evidence.

 

a.    Loose drug material, i.e.; powders, tablets, capsules, crack cocaine, and marijuana, will be placed in a smaller clear plastic bag (i.e., sandwich bag) and secured before placing it in the outer plastic evidence bag.

 

b.    If the material is already packaged, for example: if marijuana is in small manila envelopes or crack cocaine is in smaller glassine bags, place them as packaged into the outer plastic bag.  

 

c.    Liquid drug evidence will be submitted in a leak-proof screw-capped bottle and then placed in the outer plastic evidence bag. 

 

d.    Seal the outer plastic bag in a manner that prevents leakage and establishes a “tamperproof” seal.

 

4.5.2           The exceptions to packaging drug evidence in clear plastic evidence bags are as follows:

 

1.    Any wet plant material such as marijuana plants, leaves, and mushrooms will be packaged in paper bags.  Trapped moisture will cause the evidence to rot and become unsuitable for analytical testing.

 

2.    Large bales of marijuana, kilos of cocaine, large plants, etc. may be submitted in large bags or packaged as seized.  In these cases, use a red evidence tag to record the necessary information and affix it securely to the evidence. If the suspected drug material is removed from any area of possible contamination, it should be marked with a BIOHAZARD sticker.  The File on Q barcode label will be affixed to the evidence envelope by the officer, as indicated below:

 

 

3.    LSD is light sensitive and will be placed in a paper sack or small manila envelope before being placed in a clear plastic bag.

 

4.5.3           Do not co-mingle different types of drug evidence in a single plastic evidence bag, even if different drugs are packaged separately in smaller bags.  All drugs will be packaged separately in evidence bags.  Do not overfill the outer plastic evidence bag. Use additional outer plastic bags if necessary.  The Crime Lab must be able to reseal the outer plastic bag upon completion of scientific analysis.

 

4.5.4           Recording Information on Evidence Bags

 

1.    Information on the evidence bags must be legible.

 

2.    The sealing officer’s initials will be written on or under the plastic evidence bag’s tamperproof seal.  The officer will indicate if the drug evidence was obtained from any area of possible contamination, such as toilets, mouth, etc. Officers are responsible for completing the File on Q home page in its entirety and affixing the barcode label to the evidence bag.  A second label will be added by the Evidence Custodian once the item is reconciled with the Drug Logbook.  The second label will contain the additional information that was entered by the officer such as: Incident Type, Item Number, date, and location of recovery, recovering officer, investigating officer, drug type and quantity.  The officer has the option of handwriting this information on the evidence bag if he/she wishes.

 

4.5.5           Do not log non-narcotics items in the drug logbook.  Only drugs are entered in the drug logbook.  All entries will be legible.

 

1.    Each entry into the drug logbook will indicate one suspect and one type of drug per line.  If there is one suspect with more than one drug item, each item will be entered on a separate line.

 

2.    In cases where there is one suspect and multiple bags of drug evidence, label each bag with the total number of bags, for example: 1 of 3, 2 of 3, and 3 of 3, then staple all bags together.  Follow the same numbering method when listing narcotics in the drug logbook.

 

3.    Drug evidence will be separated for individual cases according to suspect and date/time of seizure.  Each undercover “Buy” will be packaged and logged separately.

 

4.    In a case in which the defendant is unknown and there is no expectation of identifying a suspect, complete the information required in Section 4.5.4 above.  Write "unknown" for the defendant's name and "to be destroyed" instead of a date of arrest.

 

5.    When the defendant is unknown, and the officer wants the drugs analyzed, write an alias name for the suspect. (Example: If the evidence was seized at 123 Main Street, the word “Main” could be entered in the suspect field). The Crime Lab will analyze the drugs, but the officer must give the Crime Lab the defendant's real name in order to get the report.

 

4.5.6           Submitting Drug Paraphernalia

 

1.    The Division of Forensic Science (DOFS) will not accept razor blades, syringes or wet water pipes for analysis.  If a razor blade is needed as evidence, it will be packaged separately and turned into Property Control as non- drug evidence.

 

2.    Syringes brought to Property Control will be deposited in the PCU provided container on site for syringes and not in the drug evidence box.  The officer must write the following information legibly on the syringe container.

 

a.    The number of syringes.

 

b.    The incident number of the report.

 

c.    The suspect’s full name.

 

d.    The location where the syringe was found.

 

3.    If the officer wants the contents of the syringe to be analyzed, he or she must empty the liquid into a “stopper bottle” (supplied by Property Control) and label the evidence as a “biohazard”. The stopper bottle and its contents are submitted as described in section 4.5.1, paragraph 3 of this directive.

 

4.5.7           Storing and Disposition of Drugs

 

1.    The Narcotics Evidence Custodian(s) will monitor the contents of the drug evidence lockers in a manner that is sufficient to maintain the integrity of the evidence.

 

2.    The Narcotics Evidence Custodian(s) will store the narcotics evidence in the drug vault in the Property Control Unit

 

3.    The Narcotics Evidence Custodian(s) is responsible for the disposition and destruction of drug evidence.

 

4.5.8           Requesting Narcotics for Training Purposes

 

1.    Personnel requesting narcotics from training will submit their request through the Department’s Narcotics Evidence Custodian on an Atlanta Police Department “Transfer of Drug Evidence for Training Purpose” form (Form APD 520). They will state the reasons for their request.

 

2.    Once the request has been approved, the Evidence Custodian will select the requested        items from evidence that is scheduled for destruction. The items will be entered in the drug evidence database as being signed out by the person(s) requesting the drugs. Each item will be inventoried and weighed. All drugs will be returned at the close of the business day.

 

3.    The individual requesting the drugs along with a witness will transfer the narcotics to the training academy or to the K-9 Unit for training purposes. Each item will be inventoried and weighed upon being returned to the Evidence Custodian. All weights will be recorded and all discrepancies will be noted in writing. The narcotics will be returned to the “to be destroyed” section.

 

4.5.9           Requesting narcotics through DEA for Training Purposes

 

1.    The Sergeant assigned to the Red Dog K-9 Squad will obtain his or her “State of Georgia Researcher License”. Once the sergeant has obtained his or her license, he or she will provide their license number to the Drug Enforcement Administration.

 

2.    Once the DEA has confirmed the sergeant’s license, the DEA will forward DEA narcotics forms, allowing the APD K-9 Squad supervisor to order narcotics through the mail. Only 28 grams of each narcotic will be ordered at a time.

 

3.    Upon the delivery of the narcotics to property by the carrier service, the receipt must be signed before they will be released to the Red Dog supervisor.

 

4.    All drugs will be weighed and logged into the log book and stored in the K-9 safe. All narcotics used for training purposes will be logged out daily by the K-9 trainer. The drugs will be weighed when they are logged out and logged in for accountability. All drugs will be kept for one year; after one year, the drugs will be destroyed. This process is done by completing DEA Form 41 and an APD Incident Form (APD Form 001).

 

5.    After all the forms have been completed by the K- 9 supervisor, he or she will take the drugs to the Property Control Unit to be destroyed. Afterward, the K-9 supervisor will send DEA Form 41 to the Drug Enforcement Agency.

 

4.5.10         Processing new narcotics evidence

 

1.    The Department’s drug evidence will be stored in the storage vaults located in the Property Control Unit.

 

2.    Each evidence envelope will be signed and dated by a DEC and another Property employee, as it is removed from the lockbox.

 

3.    Each evidence envelope will be reconciled and signed for in the Property Control Unit drug logbook.

 

4.    All evidence will be taken to the DEC work area and will be scanned into the DEC custody utilizing the File on Q evidence tracking software. This procedure will be completed by the designated DEC.

 

5.    On a regularly scheduled basis (preferably on a daily basis excluding off days and holidays),the Drug Evidence Custodian(s) will inventory the contents of the drug evidence lockers.  Two PCU employees will inventory the contents of the drug evidence lockers; one of which must be an appointed Drug Evidence Custodian.

 

6.    Each evidence envelope should be reconciled with the logbook. The Drug Evidence  Custodian should initial the logbook, indicating that the logbook entry is consistent with the evidence envelope that has been removed from the locker. The Drug Evidence Custodian and the second PCU employee will examine the tamperproof seal to determine if it is intact. It discrepancies are observed, the Drug Evidence Custodian(s) should notify the PCU commander. The drug evidence is then classified into two categories: scheduled drug evidence and leafy material evidence, and will be handled as follows:

 

a.    The scheduled drug evidence is to be transported by a DEC and another PCU employee to the Georgia Bureau of Investigation (G.B.I.) Crime Lab for analysis. The date of transport will be noted on the tamperproof seal. The evidence will be transported on a regularly scheduled basis, preferably once each week, accompanied by a receipt that is generated by the File on Q software.             

 

b.    The leafy material evidence will be stored in the drug storage vault until requested for analysis.  Leafy material evidence will remain in the drug storage vault until requested by the A.P.D. Crime Lab for analysis. Once a leafy material exhibit is requested for analysis, it will be deposited in the A.P.D. Crime Lab locker. Movement of this evidence will be documented to preserve the chain of custody

 

7.    On occasion, officers will submit drug evidence that has no suspect affiliated with it. In this instance, the envelope will be documented by the Drug Evidence Custodian, on the submission form reserved for evidence destruction.

 

8.    When delivering drug evidence to the G.B.I. Crime Lab, the Drug Evidence Custodian(s) will deposit the scheduled drug evidence along with the time-stamped submission forms in the evidence intake locker designated by the G.B.I. Crime Lab, located at the G.B.I. Crime Lab, 3121 Panthersville Road, Decatur, Georgia 30034.

 

9.    The Drug Evidence Custodian(s) will transport analyzed drug evidence back to the A.P.D. drug storage vaults where it will be inventoried and stored in the vault. A receipt will be obtained from the D.O.F.S., listing all drug evidence released back into the custody of the Drug Evidence Custodians. The analyzed drug evidence will be stored in the narcotics storage vaults in a manner that will make it readily accessible for future judicial proceedings.

 

10.  The Drug Evidence Custodians will maintain the drug evidence logbook, to be located on  the counter in the PCU intake area. Drug evidence logbooks will be stored in a secure location once they have been completed.

 

4.5.11         Narcotics evidence to Crime Lab

 

1.    The Drug Evidence Custodian(s) will then deliver the reconciled drug evidence to the State Crime Lab (leafy material evidence excluded). The reconciled drug evidence will be placed in the State Crime Lab lockbox, along with a “date and time- stamped” copy of the inventory sheet/ submission form(s). Leafy material evidence is stored in the drug evidence vault until a request for analysis has been made by the Atlanta Police Department’s Crime Lab.

 

2.    The Drug Evidence Custodian will contact the G.B.I. crime lab supervisor on a weekly basis to determine if analyzed drug evidence is ready for pick up. The Drug Evidence Custodian along with an officer/ investigator will go to the crime lab to pick up analyzed drug evidence.

 

3.    Crime lab personnel will provide the Drug Evidence Custodian with an inventory receipt, which lists the contents of the container by the crime lab case number. Both, the Drug Evidence Custodian and the accompanying officer/ investigator will sign the receipt. The receipt will be kept on file in the Property Control Unit to preserve the chain- of – custody. The drug evidence will be transported back to the Property Control Unit where the Drug Evidence Custodian, along with the officer/ investigator will reconcile the exhibits with the State Crime Lab inventory receipt.

 

4.    Any discrepancies (missing evidence, evidence not documented on the receipt, improperly sealed evidence) between the receipt and the drug evidence should be brought to the attention of a state crime lab supervisor. Additionally, the discrepancy should be documented in the form of a memorandum to the Property Control Unit commander, and a copy of the memorandum kept with the state crime lab receipt.

 

5.    The drug evidence will then be taken to the drug storage vault where it will be stored pending the disposition of any judicial proceedings. The Drug Evidence Custodians will establish storage method(s) that will provide for the retrieval of evidence in a timely manner.

 

4.5.12         Movement of drug evidence

 

1.    Movement of drug evidence to and from the drug storage vault will be documented by the Drug Evidence Custodians so as to maintain chain- of custody documentation.

 

4.5.13         Purging old narcotics evidence

 

1.    The Drug Evidence Custodian will contact the GBI crime lab supervisor and arrange a time for the use of the incinerator. The DEC will prepare an inventory sheet listing the drug evidence to be destroyed by the DOFS lab number or the APD incident number. The Drug Evidence Custodian and an officer/investigator will then transport the drug evidence to the crime lab where it will be loaded into the incinerator. The Drug Evidence Custodian will maintain the inventory sheet.  An incident report will be generated to document the destruction of the evidence.

 

2.    The PCU commander can destroy any contraband that is not associated with a criminal or civil complaint.  

 

4.6              Disposition of Unclaimed Property

 

4.6.1           Pursuant to City Code Section 98-49, property that is not classified as evidence, or has not been claimed within 90 days and does not require disposition according to Sections 4.3.6 and 4.3.7 may be disposed of by destruction, conversion to Department inventory or sale through the PropertyRoom.comTM website.  Motor vehicles are processed as specified in Section 4.7.9

 

4.6.2           The PCU commander will provide for the sorting of three-month-old property into four categories:

 

1.    Needed by the Department or another City agency; to be converted to inventory.  Divisions, sections, and units must notify the Property Control Unit (PCU) commander in writing requesting with justification the items needed by their area.  The PCU commander and Disposal supervisor have a responsibility to check with appropriate areas when items are listed in this category that are useful and could save the Department money.

 

2.    Salable; to be sold at auction.

 

3.    Property confiscated under RICO.

 

4.    Broken, not needed, or salable, or a health hazard; to be discarded.

 

4.6.3           Conversion to inventory

 

1.    Enter property that is needed by the Department on the inventory.  The cost center will be "conf."

 

2.    Notify Department and other City agencies by telephone that the property they need is available.  The representative of the agency picking up the property must sign a receipt for it.

 

3.    An item returned from inventory will be processed for sale or destruction.

 

4.6.4           Police Auction

 

1.    By command memorandum, the SSD or CSS commander will establish the process for storing, selling, and documenting the items to be sold on the PropertyRoom.comTM website, or other auction service, as contracted with the City.

 

2.    PropertyRoom.com Facilitated Auctions

 

a.    PropertyRoom.com's TM Internet site is a public meeting place where persons can sell and buy property. The PropertyRoom.comTM website is primarily a venue for law enforcement and other government agencies to conduct auctions and bidders to bid on auctions.

 

b.    Unless otherwise expressly stated by PropertyRoom.comTM, PropertyRoom.comTM is involved only as a facilitator and agent in the transaction between buyers and sellers. As a result, PropertyRoom.comTM has limited control over the ability of buyers to engage in any transaction over the Website.

 

c.    PropertyRoom.comTM cannot and does not control whether buyers will complete the purchase or sale of items upon which they have bid. Because user authentication on the Internet is difficult and many times impossible, PropertyRoom.comTM cannot and does not confirm that each user is who he or she claims to be.

 

3.    All items sold must first be entered on the PCU database.

 

4.    Upon inquiry, to verify that an item was sold, a Property Control employee will have ready access to the following information and may release it:

 

a.    the date the item was originally received by Property Control,

 

b.    the date the item was placed in storage and removed from storage and

 

c.    the date sold and the amount it was sold for.

 

5.    All money received from the police auction will be deposited with the Commissioner of Finance with the exception of RICO items sold.  These funds will be kept separate per court order and deposited into the Police Evidence Fund Account.  A separate check will be completed by the Property Control Unit commander and forwarded to Fiscal for deposit in the City of Atlanta RICO Account.

 

4.6.5           No employee, immediate family member, or representative of any employee of the City of Atlanta Police Department will participate in police auctions that dispose of seized property (Ethics Board FA02005-1 Police Auctions).

 

4.7              Impounded Vehicles

 

4.7.1           All sworn employees impounding or seizing vehicles will inventory all property and evidence prior to turning the items in to the Property Control Unit.

 

4.7.2           The Property Control Unit commander will establish procedures for receiving and recording information on impounded vehicles; for holding vehicles for investigators; and for releasing vehicles to their owners.  Releases will be documented with the signatures of the releasing employee and the person to whom it was released.

 

4.7.3           The Property Control Unit will enter each impounded car, truck and motorcycle on the appropriate computer files.

 

4.7.4           Release of a vehicle

 

To obtain the release of an impounded vehicle, a person must show proof of identity such as a current driver's license or other acceptable identification with photograph and proof of valid vehicle insurance.  The person must also show proof of a right to have the vehicle, as follows:

 

1.    The owner must present the title in the owner’s name, the current tag registration in the owner's name, or a bill of sale to the owner less than 30 days old.  The PCU supervisor may authorize acceptance of other proof of ownership.

 

2.    If a vehicle was impounded for no proof of insurance, proof of insurance must be shown before the vehicle may be released. An exception can be made when the vehicle is non- drivable. In the case of a non- drivable vehicle, the PMT will write on the release form that the release is conditional in that the vehicle MUST be towed from the impound lot. Additionally, the PMT will call the impound lot and advise them verbally that the vehicle may only be released if towed from the impound lot.

 

3.    When someone other than the owner seeks the release of an impounded vehicle, he or she must present proof as in paragraph 1 and an original notarized letter of authorization from the owner authorizing the bearer to take custody and completely describing the vehicle to be released.  A copy of the notarized letter format is available upon request.

 

4.    When seeking the release of an impounded vehicle registered in a company name, a representative of the company must present proof as in paragraph 1.  Alternatively, an officer of the company may send an original notarized letter on company stationery naming the bearer as the person to whom the car is to be released.

 

5.    When seeking the release of an impounded leased vehicle, the person may present current lease papers and tag registration for the particular vehicle.  Otherwise, the vehicle can only be released to the leasing company.

 

6.    A Property Control Unit supervisor may accept other documentation as sufficient proof, such as G.C.I.C computer files, showing current ownership and that the person has a right to have the vehicle.  This will expedite the release of a vehicle and provide quality customer service. Property supervisors may instruct Property Technicians to utilize the State of Georgia Department of Motor Vehicle Services (DMVS) files by running the registration by tag and VIN through G.C.I.C.  Both the registered owner and titled owner can be used in verifying the owner of a vehicle as well as the tag registration.  This information can be crossed referenced with information on the impound report.  Property supervisors will make every effort to expedite the release of a vehicle through reasonable efforts in order to reduce liability and return vehicles back to their owners.

 

4.7.5           Holds on impounded vehicles

 

1.    Vehicles impounded for drugs, illegal alcoholic beverages, lottery, or gambling devices will be held for ten days.  During that time, they may be released only with the authorization of the FIU commander from the Special Enforcement Section.  SES may ask Property Control to have the person sign a “hold harmless” agreement before releasing the vehicle.

 

2.    When the Department has filed for condemnation, only the Fleet Management commander, can release an impounded vehicle.  Before the release can be granted, the Fleet Management commander must receive authorization from the District Attorney (DA).  The Fleet Management commander will file the original release form approved by the District Attorney.

 

3.    A hold placed on an impounded vehicle by another police agency may be cleared with authorization from the other agency.  If the agency designates to whom the vehicle should be released, that person must have appropriate identification in compliance with section 4.7.4.

 

4.    Other holds placed on impounded vehicles must be released by the agency or unit placing the hold before the Property Control Unit releases the vehicle.

 

5.    To reduce possible liability issues, field supervisors are responsible for checking whether or not holds are justified and in accordance with existing policy.

 

a.    Supervisors approving holds on vehicles in the field will ensure that holds are proper   and that the appropriate unit or squad has been properly indicated on the impound report and copies of appropriate paperwork are forwarded to the affected squad or unit.

 

6.    Property Control Unit Technicians receiving impound reports with vehicle holds will check the established guidelines to ensure a “hold” is proper.  If unsure about the hold, the Property Control Technician will take the report to the on-duty Property supervisor for a decision.  The request to “hold” a vehicle must be approved before placing it on the system. The Property supervisor will make contact with the impounding officer or supervisor approving the hold before placing the hold in the system.

 

7.    After investigating the situation, Property Control Unit supervisor may release the hold.

 

4.7.6           Outstanding parking tickets

 

1.    If an impounded vehicle has outstanding parking tickets, it can only be released after the outstanding tickets are paid or a cash bond in the amount of the unpaid tickets is made at Municipal Court.  This provision applies only if the registration shows that the current owner owned the vehicle when the tickets were issued. 

 

2.    If the person pays the tickets at Property Control, the technician will give the person a cash register or hand receipt.

 

3.    If the person does not pay the tickets at Property Control, a Property Control officer may write a traffic citation to the owner, stating that it is for outstanding parking tickets and stating the amount owed.

 

4.7.7           When a PCU supervisor has a complaint involving a fee dispute, they are to provide a Fee Adjustment Complaint Form (City of Atlanta form) to the owner.  The PCU supervisor will ensure the form is completely filled out and is legible.  Copies of all paperwork related to the vehicle will be attached to the form, which will be forwarded to the Contract Compliance Officer assigned to the Wrecker Compliance Office.  For APD supervisory personnel needing a fee waiver or adjustment, they should prepare a detailed memorandum outlining the reason and justification for the request. Any relevant paperwork (Impound Report) should be attached and forwarded to the Wrecker Compliance Supervisor for action.

 

4.7.8           Any deviation from this procedure must be authorized by the Property Control Unit commander.

 

4.7.9           Disposition of unclaimed vehicles

 

1.    The Fleet Management Unit, Wrecker Compliance employee collect the City’s portion of the sales of vehicles, pursuant to Title 40, Chapter 11 of the Code of Georgia, from the wrecker companies.  The wrecker companies notify the Department of the sale of vehicles.  The funds are turned in to the Financial Management Unit.

 

2.    The Fleet Management Unit, Wrecker Compliance employee will collect the City’s fee for each impound release (currently $25) and turn the money in to the Financial Management Unit.

 

4.8              Issuing Firearms

 

4.8.1           The PCU supplies service pistols to the Training Section for issuance to new Officers. The Training Section will notify the PCU of which pistols are assigned to which officers. When an officer is sworn in, the armory officer or a supervisor of the Property Control Unit will issue the officer a Department-approved service pistol. The armory officer will list the service pistol on the armory database, showing the serial number and city number; on a name card for the officer; and on a serial number card.  The Property Control Unit armory officer will maintain an accurate database of the weapons issued to individual employees.

 

4.8.2           Division and section commanders will inventory the service weapons and crowd control gear issued to the command annually according to a schedule set by the SSD commander.  Division and section commanders will maintain the equipment and keep it ready for use.

 

4.8.3           Officers will be responsible for properly maintaining their City-issued service weapons as established by their firearm training and Departmental written directives.  Sworn employees will request the replacement of their service weapons when necessary.  In addition, a sworn employee may request the issuance of a second service pistol for a valid law enforcement purpose.

 

4.9              Lost or Stolen City–Issued Service Weapons

 

1.    Officers authorized to carry a City-issued service weapon will act immediately to replace a lost or stolen City-issued weapon.

 

2.    Officers will submit a copy of the APD incident report to the Property Control Unit commander or his or her designee when requesting the replacement of a lost or stolen city-issued service weapon. If a service weapon is damaged or lost, the officer must turn in a copy of the damage or loss report to the commander of the Property Control Unit before a replacement is issued.  If the damage or loss is due to the officer's negligence, the officer must pay for the repair or replacement. The damage or lost of the service weapon will not exceed $500, as indicated in APD.SOP. 2020 “Disciplinary Process” Section 4.14.

 

4.9.1           Damaged or Malfunctioning City-Issued Weapon

 

1.    When an officer’s City-issued weapon is damaged or malfunctioning, he or she will immediately take the weapon to the Firing Range supervisor or a member of the Firing Range staff.  The condition of the service weapon will be evaluated, and it will be repaired as soon as possible. 

 

2.    If the sworn employee’s City-issued service weapon cannot be immediately repaired by the Firing Range staff member, another City-issued service weapon will be loaned to the employee on a temporary basis.  When the Firing Range staff member repairs the service weapon, the employee’s originally issued service weapon will be returned to the sworn employee. The Property Control armory officer can issue a temporary replacement, noted on the armory computer, name card and serial number card.

 

3.    If the officer’s City-issued service weapon cannot be repaired:

 

a.    The Firing Range supervisor will notify the Property Control Unit commander to issue the sworn employee another service weapon by telephone, as well as by memorandum. 

 

b.    The Property Control Unit commander or his or her designee will issue a replacement service weapon to the sworn employee, recover the damaged service weapon, and file the memorandum from the Firing Range supervisor authorizing the issuance of a replacement service weapon.

 

4.9.2           City-Issued Second Weapon

 

1.    A sworn supervisor, officer or investigator may request the issuance of a second weapon by completing a Request for Second Weapon (form APD-713) and forward the request through the chain of command to his or her division commander.

 

2.    The sworn employee’s division commander will forward approved requests to the SSD division commander for final approval. 

 

3.    The SSD division commander will forward all approved requests to the Property Control Unit commander or his or her designee, who will notify the requestor to pick up the second weapon.

 

4.    All sworn employees issued a second weapon by the Department must qualify at the Firing Range with the City-issued service weapon before being authorized to carry the weapon.

 

5.    The requesting employee will sign for the second weapon when the weapon is picked up and will surrender it upon his or her separation from the Department.

 

6.    The armory officer will make the appropriate changes to the armory database, name card and serial number card.

 

4.10            Personal Equipment

 

4.10.1         The collection of equipment is covered by APD.SOP.2131 “Collection of Department owned equipment”.

 

4.10.2         Employees being suspended or relieved from duty, will have their equipment collected by the disciplinary authority in accordance with APD.SOP.2020 “Disciplinary Process”, section 4.10.2 and 4.10.3.

 

4.10.3         Employees separating from the Department for disciplinary reasons will turn in Department-issued equipment and property to the OPS supervisor or a designee.  The OPS supervisor or a designee will verify with Property Control if the separated employee has any special equipment assigned to him or her and will itemize the equipment received from the separating employee.  The following items will be collected, but are not limited to:

 

1.    All City issued firearms (primary and secondary weapons), ammunition and magazines;

 

2.    Breast and hat badges;

 

3.    Identification cards;

 

4.    Expandable baton and handcuffs;

 

5.    OC gas canisters;

 

6.    Portable radio and battery chargers;

 

7.    Vehicle keys;

 

8.    City-issued cellular telephone and pager;

 

9.    Leather accessories and duty gear (utility belt);

 

10.  Flashlight and charger, and

 

11.  All police uniforms in the employee’s possession.

 

4.10.4         If any equipment is not returned by the separated employee, the OPS commander or a designee will direct the employee to return the equipment.  If the equipment is not returned within 30 days, an incident report will be written by the OPS commander or a designee listing the items not returned.  The report will describe the circumstances associated with the items not being returned as instructed.

 

4.10.5         The OPS supervisor will turn the equipment, property, and itemized list into Property Control.

 

4.11            Weapon Storage Area

 

4.11.1         In addition to the weapons kept by each line unit, the Property Control Unit keeps a reserve of weapons, ammunition, and related equipment in secure storage.

 

4.11.2         The Property Control armory officer will keep this equipment clean, in good repair and ready for swift issue in an emergency.  A tag will be attached to each item of equipment, with all of the information needed for a record of emergency issue and a place for the officer's signature.

 

4.11.3         The Property Control commander, or the supervisor in charge, will issue equipment from the gun vault and other secure storage only in an emergency.

 

1.    A deputy chief or higher authority, must verify the emergency by telephone or through Communications.  A deputy chief or higher authority must specify what equipment is to be issued to what units.

 

2.    A Property Control supervisor will issue the specified equipment to supervisors of the authorized units, require the recipients to sign the receipt for weapons, and note the other equipment issued.

 

4.11.4         A Property Control supervisor will monitor the return of emergency equipment.

 

1.    The unit to which emergency equipment was issued must return it or explain its loss in a report.  Damage to equipment and the use of expendable items such as ammunition must also be explained in a report.  Equipment must be cleaned prior to its return to Property Control.

 

2.    A Property Control employee will give a receipt for the equipment returned and will record the date and the equipment returned.

 

3.    The Property Control armory officer will examine all equipment and store it.

4.12            Audit and Inspection

                  CALEA 5th ed. standard 84.16

 

4.12.1         At least semi-annually, the Property Control Unit commander or designee will inspect to determine adherence to procedures governing the control of property and evidence.  The inspection is conducted to determine that the storage areas are being maintained in a clean and orderly fashion, that the integrity of the property is being maintained, that provisions of Department, division, and section directives concerning the Property Control Unit 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 PCU commander will forward a copy of the inspection report to the SSD, CSS, SIU, and PRAU commanders and will keep copies on file for five years.

 

4.12.2         When a new commander is assigned to the Property Control Unit, the new commander and a representative of the Staff Inspections Unit will conduct an inventory of property to insure that records are correct and properly annotated.  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 will be reviewed carefully with respect to proper documentation and accountability to the satisfaction of the incoming commander.  The newly appointed commander should ensure that all records are current and properly annotated and should record all discrepancies prior to the assumption of property accountability.  The PCU commander will forward a copy of the inventory report to the SSD, CSS SIU, and PRAU commanders and will keep a copy on file until a new Property Control commander is appointed or for five years, whichever is longer.

 

4.12.3         Annually, the Staff Inspections Unit will audit property and evidence held by the Department. The purpose of the audit is to ensure the integrity of the property control system, not to account for every item of property.  The audit will include a random sampling of property and evidence to establish that policies and procedures are being followed.  The Staff Inspections Unit will give copies of the audit to the SSD, CSS, PRAU and PCU commanders and will keep copies of these audits for five years.

 

4.12.4         The Staff Inspections Unit will conduct unannounced inspections of property storage areas at least once per year. The inspection will focus on property accountability procedures and security and will include a comparison of randomly selected records with the property. These spot inspections will target various areas and procedures, in support of the other inspections and inventories. The Staff Inspections Unit will give copies of the inspection reports to the SSD, CSS, PRAU and PCU commanders and will keep copies of these reports for five years.

 

4.13            The Uniform Depot is responsible for accounting for, storing, and distributing personal equipment except for firearms, OC and expandable batons. The Uniform Depot is also responsible for the following functions:

 

1.    Keeping files on sworn and civilian employees that have been issued city equipment.

 

2.    Keeping records of equipment turned in when employees depart from the Department. Keeping files on all badges, parking cards, and Body Armor.

 

4.    Accommodating the Honor Guard with needed equipment.

 

5.    Warehousing used Department issued uniforms and uniform equipment.

 

6.    Conducting inventory once a year on all equipment.

 

5.               DEFINITIONS

 

5.1              Accessories:  Items such as soda ash, baking soda, latex gloves and disposable trash containers require by the Property Control Unit to maintain in stocks for field drug testing.

 

5.2              Acid Neutralizers:  Soda ash or baking soda used before disposing of ampoules from used field drug kits.

 

5.3              Ampoules:  A clear plastic pouch containing a chemical and cylinders assembled for mixing to determine positive or negative results for illicit drugs.

 

5.4              Cost Center:  The basic component of the Department for the purpose of budgeting and cost accounting.  The Department's cost centers are the zones, the sections, the Executive Protection Unit, Division of Taxicabs and Vehicle for Hire, the School Detectives Squad, and the administrative offices of the Department and the divisions.  An additional cost center is used for major equipment purchases

 

5.5              Court of Jurisdiction: The court having jurisdiction in the county where the seizure was made.

 

5.6              Immediate Family:  The spouse, domestic partner registered under section 94-133 of the City of Atlanta Municipal Code, and dependents, natural or adopted children of an official or employee for the City.

 

5.7              Inventory:  Those items and materials that are owned by the City and assigned to the Department, that are not consumable, such as desks, motor vehicles, and computers; personal equipment is not included in "inventory."

 

5.8              Personal Equipment:  The uniform and related items that are issued to be worn or carried by one employee.

 

5.9              Special purchase items:  Items for which the Department has no regular vendor.

 

5.10            Supplies:  Those items and materials that are owned by the City and assigned to the Department that are expendable, such as pens, forms, batteries and gloves; personal equipment is not included in "supplies."

 

5.11            File on Q Software System:  the electronic software system that manages property and evidence for the Department.

 

6.               CANCELLATIONS

 

                  APD.SOP. 6030 “Property and Evidence Control”, issued March 30, 2009

                  APD.SOP. 6031 “Holding Currency and Personal Property”, issued July 1, 2004

 

7.               REFERENCES

 

                  Georgia Code Title 40, Chapter 11; and sections 3-10-11, 16-12-32, and 16-13-49

                  City Code Sections 98-48 and 98-49

                  Commission on Accreditation for Law Enforcement Agencies, Inc., 5th Edition Standards

                  Chapter 84 (Property and Evidence Control, Standards 84.1.1, 84.1.2, 84.1.3, 84.1.5, 84.1.6, 84.1.7

                  APD.SOP.2131 “Collection of Department Equipment”

                  APD.SOP.3091, “Marijuana Handling Procedures (Less than one ounce)”

                  APD.SOP.6061 “Reporting Revenue”