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P R E S E N T E D B Y T H E M A N A G E M E N T C O U N S E L I N G / L E A D E R S H I P D E V E L O P M E N T B U R E A U
Law Enforcement
C A L I F O R N I A C O M M I S S I O N O N
P E A C E O F F I C E R S TA N D A R D S
A N D T R A I N I N G
32-Hour Evidence &Property Function
Management Course
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Introduction
Block 1
Course Purpose
� Policies and procedures
� Documentation and forms
� Safety, security, and storage
� Disposition and purging
� Laws and liabilities ♦
To provide E/P personnel with an understanding of:
� Audits, inventories, and inspections
SLIDE 4 – BLOCK 1: INTRODUCTION
� Organizational considerations
� Handling procedures
Course Overview
� Instructor introduction
� POST Evidence & Property
Management Guide ♦
SLIDE 5 – BLOCK 1: INTRODUCTION
Student Introductions
� Name and agency
� Sworn or civilian
� E/P background and experience
� Hobbies
� What do you want to gain from this class? ♦
Learning Activity 1.1
SLIDE 6 – BLOCK 1: INTRODUCTION
Organizational Considerations
Block 2
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Organizational Structure
� Have a clearly defined chain of command.
SLIDE 8 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
� Eliminate conflicts of interest by placing the E/P function under Support Services –
not under Operations. ♦
ADMINISTRATIVE BUREAU
Lieutenant
River City Police Department
FY 2013 – 2014
OPERATIONS BUREAU
Captain
PATROL DIVISION
LieutenantPATROL DIVISION
LieutenantFISCAL AFFAIRS &
PROFESSIONAL STANDARDS
Analyst & Two Sergeants
FISCAL AFFAIRS & PROFESSIONAL STANDARDS
Analyst & Two Sergeants
INVESTIGATIONS DIVISION
LieutenantINVESTIGATIONS DIVISION
Lieutenant
E/P TechniciansE/P Technicians
Lead Correctional Officer
Lead Correctional Officer
DISPATCH & EVIDENCE/PROPERTY
Manager
DISPATCH & EVIDENCE/PROPERTY
ManagerCOMMUNITY SERVICE
OfficersCOMMUNITY SERVICE
Officers
POLICE RECORDS
SupervisorPOLICE RECORDS
SupervisorPolice Records ClerksPolice Records Clerks
ANIMAL SERVICES
SupervisorANIMAL SERVICES
SupervisorAnimal Services
OfficersAnimal Services
Officers
Senior PoliceAdministrative Clerk
Senior PoliceAdministrative Clerk
Senior Police Administrative Clerk
Senior Police Administrative Clerk
SERVICES BUREAU
Captain
CHIEF OF POLICE
Dispatch SupervisorsDispatch Supervisors DispatchersDispatchers
TECHNICAL SERVICES
LieutenantTECHNICAL SERVICES
Lieutenant
Investigations SergeantInvestigations Sergeant
Investigations CorporalInvestigations Corporal
Investigation OfficersInvestigation Officers
CODE ENFORCEMENT
OfficersCODE ENFORCEMENT
Officers
Patrol SergeantPatrol Sergeant
Patrol CorporalPatrol Corporal
Patrol OfficersPatrol Officers
PARKING ENFORCEMENT
OfficersPARKING ENFORCEMENT
Officers
Correctional OfficersCorrectional Officers
Sample Org Chart
BLOCK 2
Video:
Block 2 Organizational Considerations
Police Officer Charged with Stealing Drugs
Slide 10_Peace Officer Charged (Slide 10_Peace Officer Charged.mp4)
Personnel Assignment, Staffing, and Training
� Make E-P Manager (EPM) a mid-level management
position.
� Outline desired qualifications.
� Establish adequate staffing (PC 1413).
� Ensure all personnel are trained to remain current
on best practices, statutes, and regulations. ♦
SLIDE 11 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Learning Activity 2.1
Facility Access/Hours of Operation
� Restrict access to your facility and track key control.
� Establish a call-out procedurefor after-hours emergencies.
� Establish public and internal
hours of operation. ♦
SLIDE 12 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Emergency and Disaster Planning
� Duress alarm the E/P facility.
� Establish procedures for removal, transportation, and relocation of personnel and/or E/P items in the event of evacuation.
� Identify alternate storage facility.
Handout 1: New Orleans
Handout 2: New York ♦
SLIDE 13 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Learning Activity 2.2
Budget Allocation/Tracking
� Separate budget for E/P function.
� EPM should have input on spending. ♦
SLIDE 14 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Policy and Procedures Development
� Every agency should have a policies and procedures manual.
� Every agency should have an E/P packaging manual.
� Manuals should be updated annually.
� Personnel safety should always be taken into consideration.
SLIDE 15 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Handout 3: SAMPLE Policies for Department E/P Manual
Handout 4: SAMPLE Evidence Packaging Manual ♦
Identifying and Mitigating Security, Storage, and Safety Concerns
� Establish procedures for reporting/correcting issues
relating to the E/P function. ♦
SLIDE 16 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Learning Activity 2.3
Block 2: Law Review
SLIDE 17 – BLOCK 2: ORGANIZATIONAL CONSIDERATIONS
Reference:
POST Evidence/Property Management Guide
Section 1 – Organizational Considerations ♦
� PC 1413
Documentation & Forms
Block 3
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Property Receipts
� What elements are included in a property receipt? ♦
SLIDE 19 – BLOCK 3: DOCUMENTATION & FORMS
� Case Number
SLIDE 20 – BLOCK 3: DOCUMENTATION & FORMS
� Crime Classification
� Date/Time Collected/Submitted
� Submitting Employee’s Name/Number
� Involved Party’s Name(s)
� Designated Relationship
� Type of Evidence
� Item Description
� Location Found
� Storage Location
� Chain of Custody
� Declaration of Ownership
� Receipt Requirements (Status) ♦
� Release Information
Property Receipts cont’d
Legal Requirements for Receipts
� Review assigned statute and summarize for class:
• Penal Code (PC) 1412
• PC 1413
• PC 1535
• PC 18250
• Civil Code (CIV) 2080.10
• Welfare & Institutions Code (WIC) 8102
• WIC 8103 ♦
SLIDE 21 – BLOCK 3: DOCUMENTATION & FORMS
Learning Activity 3.1
Chain of Custody
� Capture all names and signatures of personnel having control of the evidence/property.
� Utilize a unique number associated with all items.
� Maintain all items in a secure location at all times.
� Ensure all packages have an initial and date across the seal. ♦
SLIDE 22 – BLOCK 3: DOCUMENTATION & FORMS
Firearms Documentation & Forms
� Firearms are a unique part of the E/P function and require special handling and documentation.
� Follow legal statutes and maintain up-to-date forms to satisfy those legal requirements.
SLIDE 23 – BLOCK 3: DOCUMENTATION & FORMS
Just forms for now… more on firearms later.
Website: CA Dept of Justice > Firearms Divisionwww.oag.ca.gov/firearms
Also see: Handout 5: Contact Information for California DOJ
Guidelines 2.4 and 6.3 (POST E/P Management Guide) ♦
Evidence/Property Release
� All releases of evidence/property require thorough documentation.
• Property release includes: • Return to owner – take photo of item(s) / get signature
• Diversion for official use
• Auction (separate storage / online auction vendors)
• Destruction
• Evidence release includes: • District Attorney
• Officers for court ♦
SLIDE 24 – BLOCK 3: DOCUMENTATION & FORMS
Annual Forms/Procedures Review
� Conduct an annual review of all E/P forms.
� A representative from all departments utilizing forms should be involved in the process. ♦
SLIDE 25 – BLOCK 3: DOCUMENTATION & FORMS
Visitor’s Log
� Any person (other than assigned E/P personnel) entering and leaving the facility should be required to sign a visitor’s log.
� All visitors must be escorted at all times. ♦
SLIDE 26 – BLOCK 3: DOCUMENTATION & FORMS
Automated Property Management
� Best practice is to have an electronic property management system that integrates with the agency’s
records management system (RMS). ♦
SLIDE 27 – BLOCK 3: DOCUMENTATION & FORMS
Learning Activity 3.2
Block 3: Law Review
Reference:
POST Evidence/Property Management Guide
Section 2 – Documentation and Forms
SLIDE 28 – BLOCK 3: DOCUMENTATION & FORMS
� PC 1412, 1413, 1535, 18250
� CC 2080.10
� WIC 8103 ♦
SLIDE 30 – REVIEW: BLOCKS 1, 2 & 3
Day 2
2. Name four staffing considerations discussed.
Review of Day 1
1. Where does POST recommend the E/P Room function be located in the organization?
4. What are three things you need to consider in an E/P emergency or problem situation? ♦
continues
3. What are two things we discussed about the hours of operation in the E/P Room?
SLIDE 31 – REVIEW: BLOCKS 1, 2 & 3
Day 2
6. Why are policies and procedures necessary?
Review of Day 1 cont’d
5. What are three things we discussed about budget?
9. How often should you conduct a forms review? ♦
7. List the code sections discussed that require a property receipt.
8. Name five things that should be listed on a property receipt.
Safety, Security & Storage
Block 4
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Temporary Storage
� Lockers and refrigeration:
• Ideally, these are self-locking pass-thru lockers where only authorized staff can access items for processing.
• Lockers should be of
various sizes. ♦
SLIDE 34 – BLOCK 4: SAFETY, SECURITY & STORAGE
Receiving & Processing Areas
� Provide an area used solely for the processing and packaging of evidence/property.
SLIDE 35 – BLOCK 4: SAFETY, SECURITY & STORAGE
Receiving & Processing Areas cont’d
� Provide appropriate supplies and personal protective equipment (PPE).
SLIDE 36 – BLOCK 4: SAFETY, SECURITY & STORAGE
� Gloves
� Goggles
� Masks
� Tyvek suit / booties
Personal Protective Equipment (PPE)
SLIDE 37 – BLOCK 4: SAFETY, SECURITY, & STORAGE
Additional equipment:
� Eye wash station
� Decontamination station ♦
Safety Policies/Procedures
� Hazardous and biohazardous materials:
• Provide syringe and biohazardous materials disposal containers.
• Facilitate pick-up of containers by outside
vendors. ♦
SLIDE 38 – BLOCK 4: SAFETY, SECURITY & STORAGE
Special Storage Concerns
� Found/Safekeeping items
� High-risk items
• Firearms
• Currency/High-value items
• Narcotics
� DNA/Biological evidence
SLIDE 39 – BLOCK 4: SAFETY, SECURITY & STORAGE
Reference:
NIJ “Biological Evidence Preservation Handbook” ♦
Special Storage Concerns cont’d
� Homicide evidence
� Bulk items/bicycles
� Electronic media/Photos/Digital
� Hazardous materials
� Vehicles ♦
SLIDE 40 – BLOCK 4: SAFETY, SECURITY & STORAGE
Facility Design & Storage Areas
� Design/construct with security and safety in mind
SLIDE 41 – BLOCK 4: SAFETY, SECURITY & STORAGE
� Locate workstations adjacent, but apart, from the storage locations.
� Maintain high-risk items in a separate locked and secured area within the main E/P facility.
� Consider providing a controlled area for the viewing of evidence by the DA, investigator, and the public. ♦
Video:
Block 4
Lake Charles PD
Safety, Security, & Storage
Slide 37_Lake Charles PD (Slide 37_Lake Charles PD.mp4)
� What challenges do YOU face in your E/P room?
� Designing a well-functioning E/P room. ♦
Flip this Evidence/Property Room!
SLIDE 43 – BLOCK 4: SAFETY, SECURITY & STORAGE
Learning Activity 4.2
Video:
Block 4
Breaking Bad
Safety, Security, & Storage
Slide 39_Breaking Bad (Slide 39_Breaking Bad.mp4)
Security Policies/Procedures
� Facilities should be alarmed and video monitored.
• Limited access!
� Equip with fire and carbon monoxide detectors.
� Secure all access doors at all times. ♦
SLIDE 45 – BLOCK 4: SAFETY, SECURITY & STORAGE
Block 4: Law Review
Reference:
POST Evidence/Property Management Guide
Section 3 – Safety, Security, and Storage ♦
SLIDE 46 – BLOCK 4: SAFETY, SECURITY & STORAGE
� GC 34090.6
Handling Procedures
Block 5
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Intake: Packaging
SLIDE 48 – BLOCK 5: HANDLING PROCEDURES
Learning Activity 5.1
Would you accept this?
Best practice.The package contains marijuana, Top Ramen, crayons, child’s toy, sweatshirts, brown paper bag, and a box.
Intake: Packaging
SLIDE 49 – BLOCK 5: HANDLING PROCEDURES
Learning Activity 5.1
Would you accept this?
Best practice.The package contains marijuana, Top Ramen, crayons, child’s toy, sweatshirts, brown paper bag, and a box.
General Handling Procedures
� Evidence/property intake:
• Ensure chain of custody is established and maintained at all times
• Establish a dedicated area for processing and packaging with all necessary supplies
• Determine personnel responsible for entry of serialized property
• “Two-person” rule for currency/high-value
• Right of Refusal / Corrections notices ♦
SLIDE 50 – BLOCK 5: HANDLING PROCEDURES
General Handling Procedures cont’d
� Notification to property owner.
� Receipt to person from whom the property was taken:
• Statutory requirements ♦
SLIDE 51 – BLOCK 5: HANDLING PROCEDURES
� Identify step-by-step handling procedures for each E/P category. ♦
Intake, Storage & Handling
SLIDE 52 – BLOCK 5: HANDLING PROCEDURES
Learning Activity 5.2
SLIDE 53 – BLOCK 5: HANDLING PROCEDURES
� Establish chain of custody.
� Isolate from general evidence and property for safety purposes. ♦
HAZARDOUS MATERIALS
Intake, Storage & Handling
Learning Activity 5.2 cont’d
CATEGORY:
Intake, Storage & Handling
SLIDE 54 – BLOCK 5: HANDLING PROCEDURES
Learning Activity 5.2 cont’d
� Ensure field personnel photograph serial number(s) and render safe.
� Verify serialized data entries.
� Store in a separate, secured, alarmed, and monitored location within property room.
� Submit for lab analysis.
� Notify owner. ♦
FIREARMSCATEGORY:
� Establish chain of custody.
SLIDE 55 – BLOCK 5: HANDLING PROCEDURES
� Establish chain of custody.
� Field personnel conduct presumptive testing and provide weight.
� Ensure items are properly dried.
� Ensure proper packaging.
� Submit for lab analysis. ♦
� Store in a separate, secured, alarmed, ventilated, and monitored location within property room.
Intake, Storage & Handling
Learning Activity 5.2 cont’d
NARCOTICSCATEGORY:
SLIDE 56 – BLOCK 5: HANDLING PROCEDURES
� Verify “two-person” rule.
� Ensure proper packaging.
� Store in a separate, secured, alarmed, and monitored location within property room. ♦
Intake, Storage & Handling
Learning Activity 5.2 cont’d
CURRENCY/HIGH-VALUE ITEMSCATEGORY:
� Establish chain of custody.
SLIDE 57 – BLOCK 5: HANDLING PROCEDURES
� Ensure proper packaging.
� Store in a separate storage location, away from magnetic fields. ♦
Intake, Storage & Handling
Learning Activity 5.2 cont’d
ELECTRONIC MEDIA/PHOTOS/DIGITALCATEGORY:
� Establish chain of custody.
SLIDE 58 – BLOCK 5: HANDLING PROCEDURES
� Ensure proper packaging.
� Verify field personnel apply proper biohazard warning label.
� Place in temperature-controlled storage (if applicable). ♦
Intake, Storage & Handling
Learning Activity 5.2 cont’d
DNA/BIOLOGICAL MATERIALCATEGORY:
� Establish chain of custody.
Evidence/Property Storage
SLIDE 59 – BLOCK 5: HANDLING PROCEDURES
� Long-term and short-term storage considerations
Long-term storage Short-term storage
Hazardous Materials Handling Procedures
� Handle and store flammables, explosives, pyrotechnics, and ammunition in a manner approved by the fire department, bomb squad, and agency rangemaster.
� Remove ammunition and store separately from the firearms in an approved fireproof locker.
� Dispose of hazardous materials in accordance with local and state environmental health and OSHA regulations. ♦
SLIDE 60 – BLOCK 5: HANDLING PROCEDURES
Narcotics/Controlled Substances Handling Procedures
� Establish and maintain chain of custody.
� Field personnel must conduct presumptive testing and weighing – as opposed to E/P staff.
� Package in tamper-proof protective packaging.
� Dry and package green, wet, or fresh plant material.
� Store separately in a ventilated, secured, alarmed, and monitored location. ♦
SLIDE 61 – BLOCK 5: HANDLING PROCEDURES
Narcotics/Controlled Substances Handling Procedures cont’d
SLIDE 62 – BLOCK 5: HANDLING PROCEDURES
Stored by case number.
Currency/High-Value Items Handling Procedures
� Establish and maintain chain of custody.
� Provide detailed descriptions of high-value items.
� Use “two-person” rule for
handling of items. ♦
SLIDE 63 – BLOCK 5: HANDLING PROCEDURES
Currency/High-Value Items Handling Procedures cont’d
� Deposit currency.
� Maintain a running balance of all currency stored.
� Store separately in a secured, alarmed, and
monitored location. ♦
SLIDE 64 – BLOCK 5: HANDLING PROCEDURES
Electronic Media/Photos/Digital Handling Procedures
� Use anti-static bubble wrap or Faraday bags (pictured).
� Store in separate location.
� Use shared system for storing digital media.
� Properly dispose of waste.♦
SLIDE 65 – BLOCK 5: HANDLING PROCEDURES
Biological/DNA Evidence Handling Procedures
� Biological material intake:
• Wear personal protective equipment
• Establish an exposure plan
• Ensure proper packaging and labeling
• Ensure all items are completely dry prior to packaging
• Do not freeze liquid blood ♦
SLIDE 66 – BLOCK 5: HANDLING PROCEDURES
Biological/DNA EvidenceHandling Procedures cont’d
� Evidence/property storage and disposal:
• Store in a temperature-controlled environment.
• Understand statutory requirements and maintain items as required.
• Safely dispose of biohazardous materials pursuant to statutory requirements. ♦
SLIDE 67 – BLOCK 5: HANDLING PROCEDURES
SLIDE 69 – REVIEW: BLOCK 4 AND PARTIAL 5
Day 3
2. What are three things you should look for when purchasing an automated property management system?
Review of Day 2
1. Name three PPE items you should have in place.
4. What were two things discussed on how to deal with bicycles? ♦
continues
3. How should you store biological evidence?
SLIDE 70 – REVIEW: BLOCK 4 AND PARTIAL 5
Day 3
6. Name three important things needed when considering an E/P room layout.
Review of Day 2 cont’d
5. Where should you store homicide evidence?
7. What rule should you use when handling currency?
8. Name three things to consider before releasing property back to the owner. ♦
Temporary Storage Conditions Matrix
SLIDE 71 – BLOCK 5: HANDLING PROCEDURES
Table 4.1 (from POST E/P Management Guide – DNA/Biological Evidence)
Long-Term Storage Conditions Matrix
SLIDE 72 – BLOCK 5: HANDLING PROCEDURES
Table 4.2 (from POST E/P Management Guide – DNA/Biological Evidence)
Blood Drying & Wet Evidence Drying Equipment
� Establish procedures for when to use the equipment.
� Provide detailed instructions on equipment use.
� Provide detailed instructions and documentation on equipment cleaning to prevent cross-contamination.
� Establish procedures for packaging/submitting items after drying process is complete. ♦
SLIDE 73 – BLOCK 5: HANDLING PROCEDURES
Block 5: Law Review
Reference:
POST Evidence/Property Management GuideSection 4 – Evidence and Property Handling Procedures
SLIDE 75 – BLOCK 5: HANDLING PROCEDURES
� CC 2080–2080.10
� PC 680 – Cal-DNA Databank / Combined DNA Index (CODIS)
Also PC 261, 261.5, 262, 286, 288(a), and 289
� PC 803, 803(C)Also PC 290(C) ♦
Block 5: Law Review cont’d
Reference:
POST Evidence/Property Management GuideSection 4 – Evidence and Property Handling Procedures
SLIDE 76 – BLOCK 5: HANDLING PROCEDURES
� LEGR Application ♦
� PC 1417(a), 1417.9(a)
� PC 33855
More on Firearms
Block 6
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Firearms Intake Procedures
� Establish and maintain chain of custody.
� Ensure field personnel photograph firearm serial umber and packaging condition prior to booking.
� Require proper packaging.
� Verify completed data entries.
� Provide receipts to person from whom the firearm was taken. ♦
SLIDE 79 – BLOCK 6: MORE ON FIREARMS
Firearms Processing & Storage
� Be aware of special handling procedures and processing requirements.
� Store separately in a secured, alarmed, and monitored location.
� Submit all firearms unloaded and rendered safe. ♦
SLIDE 80 – BLOCK 6: MORE ON F IREARMS
SLIDE 81 – BLOCK 6: MORE ON F IREARMS
ATF & eTrace
� ATF: The Bureau of Alcohol, Tobacco, Firearms and Explosives
� eTrace: Electronic firearms tracking ♦
SLIDE 82 – BLOCK 6: MORE ON F IREARMS
About ATF
� ATF is a law enforcement agency in the US Department of Justice which protects communities from:
• Violent criminals
• Criminal organizations
• Illegal use of trafficking of firearms
• Illegal use of storage of explosives
• Acts of arson and bombings
• Acts of terrorism
• Illegal diversion of alcohol and tobacco products ♦
SLIDE 83 – BLOCK 6: MORE ON F IREARMS
About ATF cont’d
� It is also the federal agency that is authorized by Congress to stem firearms-related violent crime and to regulate the firearms industry in America.
� ATF’s National Tracing Center (NTC) assists domestic and international law enforcement agencies by tracing the origin of firearms that have been recovered in criminal investigations. ♦
SLIDE 84 – BLOCK 6: MORE ON F IREARMS
About ATF cont’d
� Pursuant to the Gun Control Act of 1968, ATF is the sole federal agency that is authorized to conduct firearms tracing.
� The NTC is authorized to trace a firearm for a law enforcement agency that is involved in a bona fide criminal investigation. ♦
SLIDE 85 – BLOCK 6: MORE ON F IREARMS
What Is Firearms Tracing?
� Firearms tracing is the systematic tracking of the movement of a firearm recovered by law enforcement officials from its first sale by the manufacturer or importer through the distribution chain (wholesaler or retailer) to the first retail purchaser.
� Comprehensive firearms tracing is the routine tracing of every crime gun recovered within a geographic area or specific law enforcement jurisdiction. ♦
SLIDE 86 – BLOCK 6: MORE ON F IREARMS
Firearms Tracing cont’d
� Distribution of eTrace to the law enforcement community began in January 2005.
� To date, more than 5,080 US law enforcement agencies and 41 foreign countries actively use eTrace in their investigative work.
� The NTC processed more than 340,000 trace requests in fiscal year 2013. ♦
SLIDE 87 – BLOCK 6: MORE ON F IREARMS
Firearms Tracing cont’d
� ATF’s tracing system can only trace guns made within the US, or legitimately imported into the US, by a licensed importer in recent years.
� Guns imported prior to 1968 are extremely difficult or impossible to trace. War trophy firearms brought back by returning vets are impossible to trace. However, if such a gun was sold in recent years through a dealer who went out of business, it might be traced.
� The basis for ATF to trace a firearm is Make, Model, and Serial Number. ♦
SLIDE 88 – BLOCK 6: MORE ON F IREARMS
Firearms Tracing cont’d
� eTrace is a paperless firearms trace submission system.
� It is readily accessible through the internet and provides the necessary utilities for submitting, retrieving, storing, and querying all trace-related information relative to the requestor’s agency.
� eTrace website ♦
SLIDE 90 – BLOCK 6: MORE ON F IREARMS
Firearms Tracing cont’d
� eTrace provides real-time capabilities that allow law enforcement agencies to:
• Submit electronic firearms trace requests
• Monitor the progress of traces
• Retrieve completed trace results
• Query firearms trace-related data in the FTS database ♦
SLIDE 91 – BLOCK 6: MORE ON F IREARMS
Benefits of eTrace
� Develop investigative leads.
� Significantly reduce the turnaround time required to process a trace request.
� Improve quality of trace-related information because of real-time data validation.
� Monitor the status of traces.
� View/print completed trace results.
� Generate statistical reports and perform online analytical research. ♦
SLIDE 92 – BLOCK 6: MORE ON F IREARMS
eTrace & Federal Firearm Licensee
� In 1998/1999, ATF repeatedly published the following disclaimer:
“ATF emphasizes that the appearance of a Federal firearms
licensee (FFL) or a first unlicensed purchaser of record
in association with a crime gun [i.e. traced gun] or in
association with multiple crime guns [i.e. traced guns]
in no way suggests that either the FFL or the first purchaser
has committed criminal acts.”
� In 2002, ATF reported:
“A crime gun trace alone does not mean that an FFL or
firearm purchaser has committed an unlawful act.” ♦
SLIDE 93 – BLOCK 6: MORE ON F IREARMS
eTrace & Federal Firearm Licensee cont’d
� Both previous statements have disappeared from more recent ATF publications and reflects a shift in the official ATF position.
� ATF now considers individuals and dealers associated with multiple traces more likely to have committed criminal acts. ♦
SLIDE 94 – BLOCK 6: MORE ON F IREARMS
eTrace & Federal Firearm Licensee cont’d
� Despite that many traces (if not most) are NOT directly connected to a crime, the 2010 ATF eTrace Presentation to a United Nations Firearms Workshop publicly stated:
“When you find several traces associated with multiple
sales, you may have identified a straw purchaser.”
“Identify FFL’s [dealers] in your area who may cater to
criminals. By utilizing the Top Source Dealer report, you
can potentially identify FFLs who are known as a criminal
friendly FFL.” ♦
SLIDE 95 – BLOCK 6: MORE ON F IREARMS
Straw Purchaser
� DEFINITION: A person who makes a purchase on behalf of another person.
� A straw buyer is used when the real buyer cannot complete the transaction for some reason.
� It is not necessarily illegal to use a straw buyer except where the transaction involves fraud or purchasing goods for those people who are legally barred from making the purchase themselves. ♦
SLIDE 96 – BLOCK 6: MORE ON F IREARMS
Serial Numbers
� Serial numbers on guns are not sacrosanct. Recording of serial numbers by ATF, police, or dealers is subject to human error, as it is easy to misread a serial.
� For example:
– Confusing the number 0 with the letter O
– Or 2 with Z
– Or 5 with S
– Omitting number(s)
– Transposing numbers ♦
SLIDE 97 – BLOCK 6: MORE ON F IREARMS
Serial Numbers cont’d
� Similar errors, when entering a serial into eTrace, result in false traces. Certain firearm categories will provide false results because of multiple duplicate numbers (e.g., German Luger pistols, P.38 pistols, K.98 rifles).
� To further complicate the issue, it is relatively simple to add letters or numbers to a serial (an illegal act) which will cause the trace to fail or produce a false trace. ♦
SLIDE 98 – BLOCK 6: MORE ON F IREARMS
Serial Numbers cont’d
� It is also simple to exchange parts on multiple guns such that (on certain pistols) the frame has one serial, the slide has another, and the barrel yet another number.
� According to the ATF National Tracing Center data, an invalid serial number was the most common reason
for unsuccessful traces from Mexico — but the report does not clarify how a serial number can be "invalid.” ♦
SLIDE 100 – BLOCK 6: MORE ON F IREARMS
Counterfeit Firearms
� In a recent report, ATF has acknowledged that counterfeit firearms play an increasingly important role in the Mexican Cartels.
� Such counterfeit firearms could be completely unmarked or fraudulently marked with a manufacturer’s name. ♦
SLIDE 101 – BLOCK 6: MORE ON F IREARMS
Tracing Seized Mexican Guns
� Project Gunrunner is part of ATF’s effort to collaborate with the Mexican authorities, and its "cornerstone" has been the expansion of eTrace.
� Since 1992 (and as recently as 2009), the Congressional Research Service has repeatedly stated that the ATF tracing system is an operational system designed to help law enforcement agencies identify the ownership
path of individual firearms and was not designed to
collect statistics. ♦
SLIDE 102 – BLOCK 6: MORE ON F IREARMS
Services of NTC
� Firearms trace requests may be submitted by any law enforcement agency in the course of a bona fide criminal investigation.
� Trace request forms (ATF Form 3312.1, NTC Trace Request) are available online or by contacting the ATF National Tracing Center at 1-800-788-7133. ♦
SLIDE 104 – BLOCK 6: MORE ON F IREARMS
eTrace Limitations
� eTrace only tracks firearms to the “first retail purchase.” Many (if not most) such guns have been subsequently sold or stolen — perhaps many times. Nevertheless, eTrace only points to the first purchaser, who is then automatically reported to the requesting agency, including foreign police.
� eTrace does not and cannot (at the present time) trace firearm ownership to the last owner, nor to any intermediate owners, which is a major limitation in the eTrace system. ♦
SLIDE 105 – BLOCK 6: MORE ON F IREARMS
eTrace Limitations cont’d
� All traced guns are called “crime guns” by ATF, regardless of involvement in a crime.
� ATF has defined crime gun to mean “any firearm that is illegally possessed, used in a crime, or suspected to have been used in a crime.”
� An abandoned firearm may also be categorized as a crime gun if it is suspected that it was used in a crime or illegally possessed. ♦
SLIDE 106 – BLOCK 6: MORE ON F IREARMS
eTrace Limitations cont’d
� Since any firearm “might” have been involved in a crime, ATF considers any and all firearms to be a “crime gun” or “suspect gun,” and any trace to be a “bona fide law
enforcement investigation.”
� Regardless of disposition or current ownership, ATF will, at times, trace, track, or enter as a “suspect gun” every firearm entered in a dealer’s records to see if any will link to a crime in the past or might be connected to a crime in the future. ♦
SLIDE 107 – BLOCK 6: MORE ON F IREARMS
eTrace Limitations cont’d
� ATF’s position is that gun tracing is voluntary for other law enforcement jurisdictions — but urges law enforcement to trace every firearm under the “bona fide law enforcement investigation” rationale.
� Some agencies/jurisdictions trace all recovered guns
as a matter of state or local policy or law, while others trace all guns reported as sold within the jurisdiction as required by law or policy; other agencies trace only
when needed for specific investigations.
� Some jurisdictions do not trace. ♦
SLIDE 108 – BLOCK 6: MORE ON F IREARMS
ATF Firearms Databases
The ATF Firearms Tracing System (FTS) contains information from millions of traces conducted since 1989 and consists of the following databases.
1. MULTIPLE SALE REPORTS
� ATF Form 3310.4: This registration record identifies specific firearms, owner name, and address.
� 2003 – Over 460,000 reports were recorded, increasing by about 140,000 per year.
� 2010 – ATF reported 4.2 million records. ♦
SLIDE 109 – BLOCK 6: MORE ON F IREARMS
ATF Firearms Databases cont’d
2. SUSPECT GUNS
DEFINITION: All guns “suspected” of being used for criminal purposes but not recovered by law enforcement. This database includes:
� Individuals purchasing large quantities of firearms
� Collectors of older firearms (rarely used in crime)
� Dealers with “improper” recordkeeping
� May include guns “observed” by law enforcement at estate sales, gun shows, or elsewhere.
� 2010 – Database contained 34,807 records. ♦
SLIDE 110 – BLOCK 6: MORE ON F IREARMS
ATF Firearms Databases cont’d
3. TRACED GUNS
� This registration record includes names and addresses of the first retail seller and purchaser.
� 2002 – Over 1.2 million detail results from all traces.
� 2009 – ATF reported 343,746 guns were traced.
� Since inception – A total of 4 million traces. ♦
SLIDE 111 – BLOCK 6: MORE ON F IREARMS
ATF Firearms Databases cont’d
4. OUT-OF-BUSINESS RECORDS
� Data for Out-of-Business records are manually collected from paper files or input from computer records and entered into the trace system by ATF.
� These registration records are indexed by:
• Name and address
• Make, model, serial, and caliber of firearm(s)
• Data from Form 4473 (digital or image format)
� 2010 – ATF reported receiving several million records since 1968. ♦
SLIDE 112 – BLOCK 6: MORE ON F IREARMS
ATF Firearms Databases cont’d
5. THEFT GUNS
DEFINITION: Firearms reported as stolen to ATF.
� Contains only thefts from licensed dealers and interstate carriers (optional).
� Does not have an interface to the FBI's National Crime
Information Center (NCIC) theft data base, where the majority of stolen, lost, and missing firearms are reported.
� 2010 – Contained 330,000 records. ♦
SLIDE 113 – BLOCK 6: MORE ON F IREARMS
National Integrated Ballistic Information Network
� The NIBIN Program automates ballistics evaluations and provides actionable investigative leads in a timely manner which allows federal, state, and local law enforcement agencies to image and compare crime gun evidence. ♦
SLIDE 114 – BLOCK 6: MORE ON F IREARMS
NIBIN cont’d
� NIBIN is the only interstate automated ballistic imaging network in operation in the US.
� It is available to most major population centers in the US.
� NIBIN currently has 203 sites. ♦
SLIDE 115 – BLOCK 6: MORE ON F IREARMS
� Firearms examiners or technicians enter cartridge casing evidence into the system.
� These images are correlated against the database.
� Law enforcement can search against evidence from their jurisdiction, neighboring ones, and others across the country.
� Law enforcement agencies are encouraged to submit their cartridge casing evidence and seized crime guns into the network in a timely manner. ♦
To Use NIBIN
SLIDE 116 – BLOCK 6: MORE ON F IREARMS
� This program is one investigative tool accessed by law enforcement that allows agencies to share information and be more effective in closing cases.
� ATF has worked to place the program in strategic locations of the country with the goal of giving investigators an edge in the mutual fight against firearms-related violence. ♦
To Use NIBIN con’td
SLIDE 117 – BLOCK 6: MORE ON F IREARMS
� On January 20, 2005, a recently released convict attempted to steal cocaine from a drug dealer in Santa Ana and escape in a taxi.
� The drug dealer, Guadalupe Serna, fired several shots at the taxi, fatally wounding the robber (ex-convict).
� At the scene, SAPD investigators found cartridge cases, which they entered into NIBIN. ♦
continues
NIBIN Aids in Nabbing Murdering Drug Dealer
SLIDE 118 – BLOCK 6: MORE ON F IREARMS
� Two months later, SAPD arrested Serna on a drug-related charge.
� Through NIBIN, they determined that his firearm had shot and killed the victim of the January 2005 shooting.
� In March 2010, the courts sentenced Serna to 50 years to life in State prison. ♦
NIBIN Aids in Nabbing Murdering Drug Dealer cont’d
SLIDE 119 – BLOCK 6: MORE ON F IREARMS
� NIBIN encourages law enforcement collaboration for the sole purpose of identifying and prosecuting shooters that prey upon our communities.
� Its effectiveness hinges upon the timely entry of ballistic evidence, intelligence referrals, and immediate investigative follow-up.
� This program is focused on teamwork, collaboration, and transparency. ♦
How Does NIBIN Make Law Enforcement More Effective?
SLIDE 120 – BLOCK 6: MORE ON F IREARMS
NIBIN Locations by Agency� Bureau of Alcohol, Tobacco, Firearms and Explosives – San Francisco
Laboratory355 North Wiget Lane Walnut Creek, CA 94598 (925) 364-8400
� Contra Costa County Office of the Sheriff Criminalistic Lab2530 Arnold Drive, Suite 200 Martinez, CA 94553 (925) 335-1600
� Oakland Police Department Criminalistics Division455 Seventh Street, Room 608 Oakland, CA 94607
(510) 238-3386 ♦ continues
SLIDE 121 – BLOCK 6: MORE ON F IREARMS
� San Francisco Police Department Criminalistics Laboratory850 Bryant Street San Francisco 94103
(415) 671-3200 ♦ continues
NIBIN Locations by Agency cont’d
� Sacramento Police Department555 Sequoia Pacific Blvd Sacramento, CA 95822 (916) 808-8633
� Salinas Police Department222 Lincoln Avenue Salinas, CA 93901 (831) 758-7293
SLIDE 122 – BLOCK 6: MORE ON F IREARMS
NIBIN Locations by Agency cont’d
� Santa Clara County District Attorney’s Crime Laboratory250 West Hedding Street San Jose, CA 95110 (408) 808-6999
� Stockton Police Department Technical Services DivisionEvidence Section/Firearms Unit22 East Weber Avenue Stockton, CA 95202
(209) 937-7197 ♦
� San Mateo County Sheriff’s Office Forensic Laboratory50 Tower Road San Mateo, CA 94402 (650) 312-5308
Block 6: Law Review
Reference:
POST Evidence/Property Management GuideVarious sections
SLIDE 123 – BLOCK 6: MORE ON F IREARMS
� WIC 5150, 8100–8103 ♦
� PC 11108
� FC 6389
� PC 18265
� PC 18400
Audits, Inventories & Inspections
Block 7
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
SLIDE 125 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Policy DevelopmentLearning Activity 7.1
� Define “audit,” “inventory,” and “inspection.”
� Who will conduct it? / How often? ♦
� How (exact steps) will you conduct the process?
SLIDE 126 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Policy DevelopmentLearning Activity 7.1 cont’d
� What problems or discrepancies might arise?
� How will problems be mitigated/resolved? ♦
� What will you do if a problem or discrepancy is discovered?
SLIDE 127 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Policy DevelopmentLearning Activity 7.1 cont’d
� If a problem occurs, who will be notified?
� To whom will the documentation be submitted? ♦
� What documentation will be completed at the conclusion of the process?
Video:
Block 7
Evidence Room Guilty Plea
Audits, Inventories & Inspections
Slide 69_E-P Room Guilty Plea (Slide 69_E-P Room Guilty Plea.mp4)
Audits
� DEFINITION: Focus on the system in place to locate, track, and account for E/P items in the custody of the agency.
� Review selected stored items and their corresponding completed transactions quarterly. ♦
SLIDE 129 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Audits cont’d
� Ensure all seals are intact and items are protected from damage and deterioration.
� Ensure all standards and policies are routinely followed.
� Document audit findings and direct the results to
agency head. ♦
SLIDE 130 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Inventories
� DEFINITION: Accounting of all evidence and property items in the custody of the agency.
� Should be conducted based on agency policy.
� May be conducted under the following conditions:
• Suggestion of a breach of system integrity
• Change in agency head
• Change in E/P personnel ♦
SLIDE 131 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Inventories cont’d
� Account for all items under the control of the E/P function.
� Ensure integrity of all storage locations and related documentation.
� Place an emphasis on sensitive items:
• Firearms
• Narcotics
• Currency/High-value items ♦
SLIDE 132 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Inventories cont’d
� Perform routine inspection of “Unable to Locate” (UTL) files.
� Utilize RMS/CAD/Electronic tracking systems to assist in the process.
� Document findings of inventory and direct the results to the agency head. ♦
SLIDE 133 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Inspections
� DEFINITION: Inspections deal with safety, cleanliness, functionality, and efficiency related to an agency’s E/P facility(ies).
� Establish a policy for the frequency of inspections:
• Scheduled
• Random
� Create a list of those responsible for inspections. ♦
SLIDE 134 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Inspections cont’d
� Should inspect for:
• Cleanliness, order, and functionality of the storage facility
• Quality assurance
� Document inspection findings and direct the results to agency head. ♦
SLIDE 135 – BLOCK 7: AUDITS, INVENTORIES & INSPECTIONS
Video:
Block 7
APD Evidence Room Shake-up
Audits, Inventories, and Inspections
Slide 77_APD Evidence Room Shake-up (Slide 77_APD Evidence Room Shake-up.mp4)
Agency Self-Evaluation
Block 8
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Agency Self-Evaluation/Policy Development
SLIDE 138 – BLOCK 8: AGENCY SELF-EVALUATION
Learning Activity 8.1
� After reviewing the POST Self-Evaluation Guide, create policies to improve E/P functions relevant to the students’ agencies:
• Safety, security, and storage
• Handling procedures
• Disposition and purging ♦
SLIDE 140 – REVIEW: BLOCKS 5, 6, 7 & PARTIAL 8
Day 4
2. What PC section requires you to enter a gun in AFS?
Review of Day 3
1. What does the POST guideline recommend when packaging a firearm?
4. What is required by DOJ before you can release a gun?
3. How long do you have to file a petition on a 5150/8102 gun?
5. Prior to releasing a gun with a DOJ clearance, what should you check? ♦
continues
SLIDE 141 – REVIEW: BLOCKS 5, 6, 7 & PARTIAL 8
Day 4
7. What are two ways to dispose of firearms?
Review of Day 3 cont’d
6. What is an audit, inventory, or inspection?
9. How often should you conduct an inventory?
8. Do you need a court order to dispose of firearms?
10. Why is a periodic inspection important in the E/P Room? ♦
Agency Self-Evaluation/Policy Development cont’d
Learning Activity 8.1 continues from Day 3
SLIDE 142 – BLOCK 9: D ISPOSITION & PURGING
� After reviewing the POST Self-Evaluation Guide, create policies to improve E/P functions relevant to the students’ agencies:
• Safety, security, and storage
• Handling procedures
• Disposition and purging ♦
Disposition & Purging
Block 9
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Define “Disposal”
� DISPOSITION PROCESS: Methods used to determine what to do with evidence/property in a case.
� FINAL DISPOSITION: The permanent removal from inventory after the determination that the evidence and/or property is no longer required for any reason. ♦
SLIDE 144 – BLOCK 9: D ISPOSITION & PURGING
General Considerations for All Property
� Determine case status.
� Obtain proper authorization.
� Return items to identified owners.
� May authorize release to third party.
� Lawfully dispose of evidence/property.
� Reconcile all records.
Refer to: Guideline 6.2 (POST E/P Management Guide) ♦
SLIDE 145 – BLOCK 9: D ISPOSITION & PURGING
General Considerations for Evidence
� Determine if court order is needed.
� Maintain evidence in adjudicated cases.
� Consider statute of limitations:
• Misdemeanors: 1 year
• Felonies: 3–6 years
• Sexual assaults: 10 years
• Homicide: Indefinitely
Refer to: Guideline 6.2 ♦
SLIDE 146 – BLOCK 9: D ISPOSITION & PURGING
� Order the disposition steps for each E/P category in the proper sequence, from initial authorization to final disposition. ♦
Evidence/Property Disposition
SLIDE 147 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1
SLIDE 148 – BLOCK 9: D ISPOSITION & PURGING
� Notify legal owner.
� Retain for up to 90 days.
Evidence/Property Disposition
Learning Activity 9.1 cont’d
� Advertise if required by statute.
� Purge if unclaimed or auction. ♦
FOUND PROPERTYCATEGORY:
SLIDE 149 – BLOCK 9: D ISPOSITION & PURGING
� Follow legal statutes when handling found property.
� Return to owner/finder.
Evidence/Property Disposition
Learning Activity 9.1 cont’d
� Adopt local regulations.
� Abandoned property.
� Other claims of ownership. ♦
FOUND PROPERTY cont’dCATEGORY:
(Civil Code 2080 et seq.)
Evidence/Property Disposition
SLIDE 150 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Notify legal owner.
� Retain for 60 days. ♦
SAFEKEEPINGCATEGORY:
SLIDE 151 – BLOCK 9: D ISPOSITION & PURGING
� Follow legal statutes with regard to handling safekeeping items.
� Receipt and instructions should notify the owner or person from whom the property was taken that the property must be claimed within 60 days. ♦
Evidence/Property Disposition
Learning Activity 9.1 cont’d
SAFEKEEPING cont’dCATEGORY:
(Civil Code 2080.10)
Evidence/Property Disposition
SLIDE 152 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Utilize “two-person” rule.
� Obtain court order for destruction.
� Conduct random audit prior to destruction.
� Dispose through approved waste site. ♦
EVIDENCE – NARCOTICSCATEGORY:
Evidence/Property Disposition
SLIDE 153 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Obtain proper authorization prior to the disposal/ release of items.
� Obtain court order for destruction.
� Temporarily divert for canine training purposes. ♦
EVIDENCE – NARCOTICS cont’dCATEGORY:
Evidence/Property Disposition
SLIDE 154 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Utilize “two-person” rule.
� If unclaimed, divert to general fund.
� Conduct in a similar manner as general evidence and property items.
� Divert abandoned/unclaimed funds to general fund. ♦
EVIDENCE – CURRENCY/HIGH-VALUE ITEMSCATEGORY:
Evidence/Property Disposition
SLIDE 155 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Dispose through approved waste site. ♦
EVIDENCE – ELECTRONIC MEDIA/PHOTOS/ DIGITAL
CATEGORY:
Evidence/Property Disposition
SLIDE 156 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Examples of items considered e-waste include computers, TVs, cell phones, etc.
• Physically destroy some media prior to sending to authorized disposal site (e.g., computer hard drives, cell phones that cannot be erased).
� Examples of other digital media include computer discs:
• Shred items. ♦
EVIDENCE – ELECTRONICS MEDIA/PHOTOS/ DIGITAL cont’d
CATEGORY:
Evidence/Property Disposition
SLIDE 157 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Confirm custody status of defendant.
� Dispose through approved waste site. ♦
EVIDENCE – DNA/BIOLOGICALCATEGORY:
Evidence/Property Disposition
SLIDE 158 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Dispose of adjudicated case evidence according to PC 1417.9.
� Use approved medical waste vendor/facility. ♦
� Post-Conviction DNA Testing Task Force Report
http://oag.ca.gov/sites/all/files/pdfs/publications/finalproof.pdf
EVIDENCE – DNA/BIOLOGICAL cont’dCATEGORY:
Evidence/Property Disposition
SLIDE 159 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Ensure compliance with all applicable local and environmental health agencies.
� Use qualified/approved disposal vendors. ♦
(Includes: Explosives / Ammunition / Flammables / Pyrotechnics)
EVIDENCE – HAZARDOUS/BIOHAZARDOUS
MATERIALS
CATEGORY:
Evidence/Property Disposition
SLIDE 160 – BLOCK 9: D ISPOSITION & PURGING
Learning Activity 9.1 cont’d
� Query AFS database.
� If returnable, provide owner with appropriate DOJ forms.
� Query California Law Enforcement Telecommunications System (CLETS) for ownership restriction.
EVIDENCE – FIREARMSCATEGORY:
SLIDE 161 – BLOCK 9: D ISPOSITION & PURGING
� Considerations for firearms disposition:
• Releasing/destroying firearms
• Disposing of firearms not subject to destruction
• Transfer to other agency for official use ♦
Evidence/Property Disposition
Learning Activity 9.1 cont’d
EVIDENCE – FIREARMS cont’dCATEGORY:
� Do you release?
Firearms Disposition
SLIDE 162 – BLOCK 9: D ISPOSITION & PURGING
� Why or why not?
Handout 6: 2014 Basic Firearms ♦
� 1998
� Don’t get in strangers cars
� Don’t talk to people from the Internet
� 2017
� Literally summon strangers from the internet to get in their car
1998 vs 2017
SLIDE 162 – BLOCK 9: D ISPOSITION & PURGING
� Establish a policy for handling cases involving:
• Suicides or unattended deaths
• Crimes against children
• Domestic violence/elder abuse
• Fatal accidents
• City/county as a party to the case
• Death penalty
• Sexual assaults ♦
Cases with Special Circumstances
SLIDE 163 – BLOCK 9: D ISPOSITION & PURGING
Block 9: Law Review
Reference:
POST Evidence/Property Management Guide
Section 6 – Evidence and Property Disposition and Purging
SLIDE 164 – BLOCK 9: D ISPOSITION & PURGING
� CC 2080–2080.10 (and PC 1411) ♦
SLIDE 165 – BLOCK 9: D ISPOSITION & PURGING
� CRC 8.320, 8.782
� FC 6389 ♦
� CRC 66261.4
Block 9: Law Review cont’d
Reference:
POST Evidence/Property Management Guide
Section 6 – Evidence and Property Disposition and Purging
SLIDE 166 – BLOCK 9: D ISPOSITION & PURGING
� HS 11473, 11473.5, 11474
� HS 11479, 11479.1, 11479.2, 11479.5
� HS 11760 and PC 1417.9 ♦
Block 9: Law Review cont’d
Reference:
POST Evidence/Property Management Guide
Section 6 – Evidence and Property Disposition and Purging
SLIDE 167 – BLOCK 9: D ISPOSITION & PURGING
� BPC 729 (CHAPTER 9, Codes 7027–7189)� BPC 729 (CHAPTER 9, Codes 7027–7189)
� PC 1405, 1407–1411 (and PC 537e)� PC 1405, 1407–1411 (and PC 537e)
� PC 34005, 34005(C), 34010 ♦� PC 34005, 34005(C), 34010 ♦
� PC 1417, 1417.9, 1420� PC 1417, 1417.9, 1420
� PC 1536, 11108� PC 1536, 11108
� PC 18005, 18265, 18275, 18400� PC 18005, 18265, 18275, 18400
� PC 368, 647.6, 803(C)� PC 368, 647.6, 803(C)
Block 9: Law Review cont’d
Reference:
POST Evidence/Property Management Guide
Section 6 – Evidence and Property Disposition and Purging
SLIDE 168 – BLOCK 9: D ISPOSITION & PURGING
� WIC 6600 ♦
� WIC 217 (and CC 2080.5)
� WIC 5150, 8100–8103
Block 9: Law Review cont’d
Reference:
POST Evidence/Property Management Guide
Section 6 – Evidence and Property Disposition and Purging
Trial Prep/Best Practices
Block 10
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
PLEASE TAKE THE STAND…
Trial Prep
SLIDE 170 – BLOCK 10: TRIAL PREP / BEST PRACTICES
FAQs: Court Preparation and Testimony
Court Preparation and Testimony:
• I received a subpoena — now what?
Trial Prep cont’d
SLIDE 171 – BLOCK 10: TRIAL PREP / BEST PRACTICES
• What should I expect from cross-examination?
• What questions will they ask me?
• What is redirect examination?
• What else should I know about courtroom testimony? ♦
Tips for Success:
• Look the jurors in the eye.
SLIDE 172 – BLOCK 10: TRIAL PREP / BEST PRACTICES
• Be polite and courteous.
• Speak clearly and slowly.
• Verify a few days before that your testimony is needed.
• Allow sufficient time to park.
• Talk to others in your department who have testified before. ♦
Trial Prep cont’d
1. Organizational Considerations
2. Documentation & Forms
3. Safety, Security & Storage
4. Handling Procedures
5. Audits, Inventories & Inspections
6. Disposition & Purging ♦
Rubric: E/P Functions –
Learning Activity 10.1
SLIDE 173 – BLOCK 10: TRIAL PREP / BEST PRACTICES
Best Practices/Exceeds Standards
Review, Conclusion & Evaluation
Block 11
P O S T E V I D E N C E & P R O P E R T Y F U N C T I O N M A N A G E M E N T C O U R S E
Six areas of the E/P function:
Final Review Questions
SLIDE 175 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1. Organizational Considerations
2. Documentation & Forms
3. Safety, Security & Storage
4. Handling Procedures
5. Audits, Inventories & Inspections
6. Disposition & Purging ♦
1. ORGANIZATIONAL CONSIDERATIONS
Final Review
SLIDE 176 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1) Where does POST recommend the E/P function be placed in the organization?
2) What does POST state regarding personnel who collect evidence and property and those who are charged with storing evidence and property?
3) Your written directive addressing facility access procedures, staff call-out procedures, and hours of operation should include, at a minimum, what four items? ♦
1. ORGANIZATIONAL CONSIDERATIONS cont’d:
SLIDE 177 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
4) What are the four bullet points discussed in the POST Guide regarding emergency and disaster planning?
5) The E/P function should have a stand-alone ___________?
6) What six E/P functions, outlined in bold, should be included in your policy and procedure directives?
7) How often should you review your policies and procedures? ♦
Final Review
SLIDE 178 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1) Which laws listed in the POST Guide require issuing a property receipt?
2) What is the purpose of the property receipt, and what should be included and explained on the receipt?
3) Employees who seal evidence packages should put their ___________ across the package flap, and place clear tape (or preprinted tape) across the ___________?
4) How often should you review policies and procedures?
5) What four categories address the release or destruction of property or evidence? ♦
2. DOCUMENTATION & FORMS
Final Review
SLIDE 179 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
6) In addition to staff assigned to the E/P Room, what should be required of ANY person entering and leaving any agency E/P Room?
7) An automated property management system facilitates a ___________ and ___________ process for the generation and retention of critical documentation related to the ___________, ___________, and ___________ of evidence and property.
8) What are three access level recommendations for an automated property management system? ♦
2. DOCUMENTATION & FORMS cont’d:
Final Review
SLIDE 180 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1) ___________, ___________, and ___________ systems should be stand-alone, constructed to prevent entry.
2) What does POST recommend for the office space for E/P personnel?
4) The receiving and processing area should be stocked with what type of equipment?
3) What does POST recommend regarding lockers, and what to have for small items?
5) What should the E/P Room be equipped with to facilitate the best utilization of space? ♦
3. SAFETY, SECURITY & STORAGE
Final Review
SLIDE 181 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
6) ___________ Room storage areas may be created to store biological/DNA evidence in place of, or to supplement, refrigeration units, and should be maintained between ____ and ____ degrees, with less than ____ percent humidity.
7) What areas of the body should personal protective equipment cover (list five) to comply with OSHA standards?
8) How long should you store video surveillance, and what is the Government Code section? ♦
3. SAFETY, SECURITY & STORAGE cont’d:
Final Review
SLIDE 182 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1) In the event the item booked is not properly packaged or documented, the agency should utilize a “___________” or “___________” document.
2) Evidence/property should never be stored in a __________, ___________, ___________, or any other location that would potentially interrupt the chain of custody.
3) Flammables, explosives, pyrotechnics, and ammunition should be handled and stored in a manner approved by the ___________ Department, ___________ squad, and agency ___________. ♦
4. HANDLING PROCEDURES
Final Review
SLIDE 183 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
4) E/P personnel ___________ be allowed, under any circumstances, to open sealed ___________ boxes to check firearms for safety or to confirm condition or serial numbers.
5) Who should be entering firearms into AFS?
6) Prior to packaging narcotics and/or controlled substances, what type of test should be performed on the drugs, and what else should you do with the narcotics? ♦
4. HANDLING PROCEDURES cont’d:
Final Review
SLIDE 184 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
7) When handling currency or high-value items, you should use the ___________ rule.
8) What Penal Code section outlines Sexual Assault Victims and DNA Bill of Rights?
9) What Penal Code section outlines Retention of Biological Material? ♦
4. HANDLING PROCEDURES cont’d:
Final Review
SLIDE 185 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1) What are the definitions for Audit, Inventory, and Inspection?
2) How often should you review selected items and their corresponding competed property transactions, including special emphasis on sensitive items?
3) In case of __________ audits, the audit staff should ensure that selected items have been chosen _________, without any personal bias. ♦
5. AUDITS, INVENTORIES & INSPECTIONS
Final Review
SLIDE 186 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
4) What are the two types of inventories you can conduct in your E/P room?
5) Periodic inspection of the E/P facility is important to ensure the ___________ , ___________, and safety of the facility. ♦
5. AUDITS, INVENTORIES & INSPECTIONS cont’d:
Final Review
SLIDE 187 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1) Who should be involved in decisions involving E/P disposition?
2) Before a computer, smartphone, or tablet can be auctioned, its ___________ or ___________ media should be removed and recycled by a bonded recycler.
3) What does PC 537e state about serialized property?
4) If the property is valued less than $__________ , and no owner claims the property within __________ , the title shall vest on the person who found or saved the property without the requirement of published notification. ♦
6. DISPOSITION & PURGING
Final Review
SLIDE 188 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
5) What Civil Code section applies to Abandoned Property, Safekeeping Property?
6) In cases involving items for Safe Keeping, the agency is responsible for the care, __________ , __________ , and disposition of the property.
7) What is the appeals period on adjudicated cases for Misdemeanor and Felonies, and what is the advisable additional waiting period? ♦
6. DISPOSITION & PURGING cont’d:
Final Review
SLIDE 189 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
9) What is the Penal Code section for court exhibits and what needs to happen with court exhibits?
11) List the five disposal methods for firearms and which Penal Code section allows agencies to retain firearms for departmental use. ♦
8) What are the statutes of limitations on Misdemeanor cases, Misdemeanor Exceptions, Felony cases, and cases that involve Homicide, Public Funds, or Public Documents?
10) What does PC 18265 state regarding firearms?
6. DISPOSITION & PURGING cont’d:
Final Review
SLIDE 190 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
13) When transporting “sharps” and other hazardous waste, the transporting agency falls under the category of “small quantity generator” under HS Code __________, and a permit is required from the Department of Health Services. ♦
12) What is the statute of limitations on Misdemeanor cases, Misdemeanor Exceptions, Felony Cases, and cases that involve Homicide, Public Funds, or Public Documents?
6. DISPOSITION & PURGING cont’d:
Final Review
Take-Away Discussion
SLIDE 191 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION
1. Organizational Considerations
2. Documentation & Forms
3. Safety, Security & Storage
4. Handling Procedures
5. Audits, Inventories & Inspections
6. Disposition & Purging ♦