Applicable To: Sworn employees and Property Control Unit

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  5/24/07

1.               PURPOSE

The intent of this directive is to establish procedures for the storage, documentation, preservation, and disposal of counterfeit materials.

2.               POLICY

The Atlanta Police Department seeks to satisfy O.C.G.A. 16-8-60 and O.C.G.A. 16-8-60 (1) by processing, storing, and preserving counterfeit materials.

3.               RESPONSIBILITIES

3.1              Division and section commanders will monitor the implementation of this directive in their commands.

3.2              The Property Control Unit commander will implement this directive.

3.3              The investigating officer is responsible for documenting the counterfeit material and for determining the sample for prosecution.  Seek guidance from the prosecutor if necessary.

4.               ACTION

4.1              The State of Georgia defines procedures for the confiscation and preservation of counterfeit materials. Upon confiscating counterfeit materials, employees of the Atlanta Police Department will properly transport and release all counterfeit materials to the Property Control Unit for storage, preservation and disposal.

4.1.1           In the case of confiscated counterfeit materials, the lead investigator will be responsible for processing a sample of the evidence for court proceedings.

4.1.2           In order for the sample to withstand a judicial hearing, the lead investigator or officer must do the following:

1.    Photograph the counterfeit items to show:

·         Intent (see O.C.G.A. 16-8-60)

·         Quantity

·         Packaging Methods

·         Value

2.    Inventory the counterfeit items (Form APD 514) to estimate the value and prove the scale of operation.  Indicators that may establish proof that recordings are counterfeit should be noted on the inventory sheet.  Some common indicators are:

·         Prices well below retail value

·         Shrink wrap that is not factory grade

·         Incorrect, fictitious, or missing name and address of manufacturer

·         Misspelled words

·         No barcode on packaging

3.    Take a representative sample of the counterfeit items.  This sample needs to show packaging methods and the indicators by which the investigator knew the items were counterfeit.  This sample should include ten to twenty items that are representative of the entire set of material.  Larger representative samples need to be approved by the Property Control Unit commander or his/her designee.

4.1.3           Once the counterfeit items have been photographed and inventoried, turn the representative sample over to the Property Control Unit for storage. 

1.    The investigating officer and the Property Control representative will sign the inventory sheet

2.    A copy of the inventory sheet will be given to the investigator.

3.    The Property Control Unit commander will store the sample as evidence and the remainder pending destruction.   

4.2              The Property Control Unit commander will assign a Property Control supervisor and another employee to destroy the remainder of the counterfeit material and to document its destruction. See section 4.3.4, paragraph 3 of APD.SOP.6030, “Property and Evidence Control.”

5.               DEFINITIONS

5.1              Counterfeit:  Reproduction for the purpose of defrauding.

6.               CANCELLATIONS

                  None

7.               REFERENCES

                  O.C.G.A 16-8-60 (1)

                  APD.SOP.6030, “Property and Evidence Control”