Effective Date: 10/4/00

Series: Law Enforcement and Security

Part 446: Law Enforcement

Chapter 7: Evidence Handling and Storage

Originating Office: Office of Managing Risk and Public Safety

7.1 Purpose. This chapter sets forth the responsibilities, procedures and guidelines to ensure the integrity of the chain of custody of evidence that is collected, recorded, handled, safeguarded, stored and disposed of.

7.2 Policy. All evidence shall be collected in a manner that is consistent with pertinent laws, regulations, policies and established procedures. Each law enforcement program shall include procedures for the proper collection, recording, handling, safeguarding, storage and disposal of evidence, according to the bureau/office needs and applicable laws and regulations.

7.3 Responsibilities. All law enforcement bureaus/offices are responsible for safeguarding all property taken into custody until it is either released to the rightful owner according to established procedures or, if appropriate, disposed of in accordance with applicable laws and regulations.

A. Bureau/office heads are responsible for the safe and proper storage of evidence. They shall ensure that the appropriate procedures and guidelines are established, specific to the needs of the bureau/office, in accordance with the proper legal, administrative and evidentiary requirements.

B. Bureau/office Law Enforcement Administrators shall:

(1) Ensure the safe collection, handling, accountability and storage of all evidence. These procedures and guidelines should include additional safeguards for the accountability, handling and storage of cash, drugs, and other high value items.

(2) Establish procedures and guidelines for handling hazardous materials. Hazardous materials require special handling and, in general, these materials should not be handled by law enforcement personnel unless they have had specialized training and have the appropriate personal protective equipment necessary for the particular substance to be handled. These procedures and guidelines should ensure that special precautions are taken when collecting, handling, safeguarding and/or storing hazardous materials.

(3) Provide an evidence room, safe, locker and/or other appropriate secured area(s) deemed necessary to limit and control access to evidence.

(4) Ensure that only a limited number of law enforcement field personnel have access to the evidence storage area. These law enforcement personnel will be the primary contact to ensure that all evidence control logs and forms are properly completed and the evidence is properly stored. These law enforcement personnel shall conduct periodic inspections of the evidence seals and report any discrepancies in writing to the bureau/office Law Enforcement Administrators.

C. Each law enforcement officer is responsible for ensuring the safe and proper collection, handling, safeguarding, inventory and storage of all evidentiary items taken into custody.

7.4 Procedures. Each bureau/office Law Enforcement Administrator will establish written procedures and guidelines, specific to the needs of the bureau/office and which are in compliance with applicable laws and regulations, to ensure that:

A. Only properly trained law enforcement personnel shall be assigned the responsibility of collecting evidence, contraband and/or processing a crime scene.

B. Only properly trained and/or certified personnel shall be assigned to test and analyze evidence or contraband, if required.

C. All evidence, contraband and/or noncontraband items that have been seized relative to any criminal investigation shall be stored in a secured area isolated from all other items of property (i.e., lost and found property, property held for safekeeping or office equipment and supplies).

D. When feasible, all evidence stored in the secured area shall be properly packaged in a suitable container. Evidence labels and tape shall be affixed to the outside of the container. Evidence seals will be utilized to seal or re-seal packages, envelopes and the like.

E. Access to the secured evidence storage area shall be restricted to those persons designated by the bureau/office Law Enforcement Administrator. Each bureau/office Law Enforcement Administrator shall establish and maintain procedures to control and record access to the vault or secured area. An access log shall be maintained at the entrance to the vault or secured area. Any person entering the vault or secured area shall note in the log: the date, time, his/her name, the reason for access, any property removed or returned, and the time he/she departed and locked the area. The vault or secured area shall remain secured at all times when not occupied by authorized personnel.

F. Only those personnel authorized by the bureau/office Law Enforcement Administrator, or designee, are allowed to enter the vault or secured area unaccompanied. Bureau/office Law Enforcement Administrators should establish written procedures and guidelines for situations which would require unauthorized persons to enter the secured area accompanied by authorized personnel.

G. A completed evidence form shall be affixed to the outside of each evidence container. The form shall be properly annotated, as appropriate, each time the evidence seals are broken or the evidence container is removed from the secured storage area. An official shall certify on the evidence form the accuracy of the contents of evidence container.

H. An evidence log containing the following information shall be established and maintained: identification or description of the evidence, case number, name of defendant, date/time the evidence was seized, location where evidence was seized, name of the officer who seized the evidence, location where evidence is stored, and name of arresting officer.

7.5 Inspections. Bureau/office Law Enforcement Administrator, or designee, shall ensure that at a minimum, a semiannual inspection of the storage area is conducted to ensure that the evidence is present or accounted for and properly stored. Missing or otherwise unaccountable items of evidence will be immediately reported to the bureau/office Law Enforcement Administrator.

7.6 Evidence Disposal. The disposal of evidence or contraband shall be consistent with the Federal Rules of Evidence and in accordance with appropriate laws and regulations.

10/4/00 #3332

Replaces 9/21/93 #446-1