32-Hour Evidence & Property Function Management Course · Property Function Management Course. ......

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 Schedule

SLIDE 3 – BLOCK 1: INTRODUCTION

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


� Organizational considerations

� Handling procedures

Course Overview

� Instructor introduction

� POST Evidence & Property

Management Guide ♦


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


Organizational Considerations

Block 2


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. ♦



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. ♦


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 ♦



Budget Allocation/Tracking

� Separate budget for E/P function.

� EPM should have input on spending. ♦


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.


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. ♦



Block 2: Law Review


Reference:

POST Evidence/Property Management Guide

Section 1 – Organizational Considerations ♦

� PC 1413

Documentation & Forms

Block 3


Property Receipts

� What elements are included in a property receipt? ♦

SLIDE 19 – BLOCK 3: DOCUMENTATION & FORMS

� Case Number


� 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 ♦



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. ♦


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.


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 ♦


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. ♦


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. ♦


Automated Property Management

� Best practice is to have an electronic property management system that integrates with the agency’s

records management system (RMS). ♦



Block 3: Law Review

Reference:


Section 2 – Documentation and Forms


� PC 1412, 1413, 1535, 18250

� CC 2080.10

� WIC 8103 ♦

BLOCK 3: DOCUMENTATION & FORMS

End Day 1

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?

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


What Problems Do You See?

SLIDE 33 – BLOCK 4: SAFETY, SECURITY & STORAGE


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. ♦


Receiving & Processing Areas

� Provide an area used solely for the processing and packaging of evidence/property.


Receiving & Processing Areas cont’d

� Provide appropriate supplies and personal protective equipment (PPE).


� 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. ♦


Special Storage Concerns

� Found/Safekeeping items

� High-risk items

• Firearms

• Currency/High-value items

• Narcotics

� DNA/Biological evidence


Reference:

NIJ “Biological Evidence Preservation Handbook” ♦

Special Storage Concerns cont’d

� Homicide evidence

� Bulk items/bicycles

� Electronic media/Photos/Digital

� Hazardous materials

� Vehicles ♦


Facility Design & Storage Areas

� Design/construct with security and safety in mind


� 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!



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. ♦


Block 4: Law Review

Reference:


Section 3 – Safety, Security, and Storage ♦


� GC 34090.6

Handling Procedures

Block 5


Intake: Packaging

SLIDE 48 – BLOCK 5: HANDLING PROCEDURES


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



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 ♦


General Handling Procedures cont’d

� Notification to property owner.

� Receipt to person from whom the property was taken:

• Statutory requirements ♦


� Identify step-by-step handling procedures for each E/P category. ♦

Intake, Storage & Handling



BLOCK 5: HANDLING PROCEDURES

� Establish chain of custody.

� Isolate from general evidence and property for safety purposes. ♦

HAZARDOUS MATERIALS


Learning Activity 5.2 cont’d

CATEGORY:




� 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:




� 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.



NARCOTICSCATEGORY:


� Verify “two-person” rule.


� Store in a separate, secured, alarmed, and monitored location within property room. ♦



CURRENCY/HIGH-VALUE ITEMSCATEGORY:




� Store in a separate storage location, away from magnetic fields. ♦



ELECTRONIC MEDIA/PHOTOS/DIGITALCATEGORY:




� Verify field personnel apply proper biohazard warning label.

� Place in temperature-controlled storage (if applicable). ♦



DNA/BIOLOGICAL MATERIALCATEGORY:


Evidence/Property Storage


� 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. ♦


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. ♦


Narcotics/Controlled Substances Handling Procedures cont’d


Stored by case number.

Currency/High-Value Items Handling Procedures


� Provide detailed descriptions of high-value items.

� Use “two-person” rule for

handling of items. ♦


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. ♦


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.♦


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 ♦


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. ♦



End Day 2

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?

REVIEW: BLOCK 4 AND PARTIAL 5

Day 3

6. Name three important things needed when considering an E/P room layout.


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


Table 4.1 (from POST E/P Management Guide – DNA/Biological Evidence)

Long-Term Storage Conditions Matrix


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. ♦



Property Release


Block 5: Law Review

Reference:

POST Evidence/Property Management GuideSection 4 – Evidence and Property 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


� LEGR Application ♦

� PC 1417(a), 1417.9(a)

� PC 33855

More on Firearms

Block 6


Video:

Block 6 More on Firearms

Firearms Seizure & Disposition

Video

Firearms Intake Procedures


� 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

BLOCK 6: MORE ON F IREARMS

ATF & eTrace

� ATF: The Bureau of Alcohol, Tobacco, Firearms and Explosives

� eTrace: Electronic firearms tracking ♦


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 ♦


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. ♦


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. ♦


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. ♦


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. ♦



� 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. ♦



� 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 ♦


eTrace Website



� 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 ♦


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. ♦


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.” ♦


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. ♦


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.” ♦


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. ♦


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 ♦


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. ♦


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.” ♦


Everyone Needs One of These!!


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. ♦


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. ♦


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. ♦


NTC Trace Request

(Sample)

Form 3312.1


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. ♦


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. ♦



� 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. ♦



� 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. ♦


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. ♦


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. ♦



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. ♦



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. ♦



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. ♦


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. ♦


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. ♦


� 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


� 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


� 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


� 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


� 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?


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


� 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


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


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?


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?


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. ♦


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 ♦


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 ♦


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. ♦


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. ♦


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. ♦


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


Agency Self-Evaluation/Policy Development

SLIDE 138 – BLOCK 8: AGENCY SELF-EVALUATION


� 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 ♦

BLOCK 8: AGENCY SELF-EVALUATION

End Day 3

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

REVIEW: BLOCKS 5, 6, 7 & PARTIAL 8

Day 4

7. What are two ways to dispose of firearms?


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


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. ♦


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) ♦


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 ♦


� Order the disposition steps for each E/P category in the proper sequence, from initial authorization to final disposition. ♦

Evidence/Property Disposition



BLOCK 9: D ISPOSITION & PURGING

� Notify legal owner.

� Retain for up to 90 days.



� Advertise if required by statute.

� Purge if unclaimed or auction. ♦

FOUND PROPERTYCATEGORY:


� Follow legal statutes when handling found property.

� Return to owner/finder.



� Adopt local regulations.

� Abandoned property.

� Other claims of ownership. ♦

FOUND PROPERTY cont’dCATEGORY:

(Civil Code 2080 et seq.)




� Notify legal owner.

� Retain for 60 days. ♦

SAFEKEEPINGCATEGORY:


� 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. ♦



SAFEKEEPING cont’dCATEGORY:

(Civil Code 2080.10)




� Utilize “two-person” rule.

� Obtain court order for destruction.

� Conduct random audit prior to destruction.

� Dispose through approved waste site. ♦

EVIDENCE – NARCOTICSCATEGORY:




� 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:




� 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 – ELECTRONIC MEDIA/PHOTOS/ DIGITAL

CATEGORY:




� 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:




� Confirm custody status of defendant.


EVIDENCE – DNA/BIOLOGICALCATEGORY:




� 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:




� 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:




� Query AFS database.

� If returnable, provide owner with appropriate DOJ forms.

� Query California Law Enforcement Telecommunications System (CLETS) for ownership restriction.

EVIDENCE – FIREARMSCATEGORY:


� Considerations for firearms disposition:

• Releasing/destroying firearms

• Disposing of firearms not subject to destruction

• Transfer to other agency for official use ♦



EVIDENCE – FIREARMS cont’dCATEGORY:

� Do you release?

Firearms Disposition


� 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


� 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


Block 9: Law Review

Reference:


Section 6 – Evidence and Property Disposition and Purging


� CC 2080–2080.10 (and PC 1411) ♦


� CRC 8.320, 8.782

� FC 6389 ♦

� CRC 66261.4


Reference:




� HS 11473, 11473.5, 11474

� HS 11479, 11479.1, 11479.2, 11479.5

� HS 11760 and PC 1417.9 ♦


Reference:




� 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)


Reference:




� WIC 6600 ♦

� WIC 217 (and CC 2080.5)

� WIC 5150, 8100–8103


Reference:



Trial Prep/Best Practices

Block 10


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


• 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.


• 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 –



Best Practices/Exceeds Standards

Review, Conclusion & Evaluation

Block 11


Six areas of the E/P function:

Final Review Questions

SLIDE 175 – BLOCK 11: REVIEW, CONCLUSION & EVALUATION







1. ORGANIZATIONAL CONSIDERATIONS

Final Review


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:


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

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


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


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


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


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


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


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


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


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


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


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


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?


Final Review


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?


Final Review

Take-Away Discussion








� Final comments

Conclusion/Evaluation

Good job!


Thanks for attending.

♦

� Questions?

� Course Evaluation / Certificates

32-Hour Evidence & Property Function Management Course · Property Function Management Course. ......

Documents

Transcript of 32-Hour Evidence & Property Function Management Course · Property Function Management Course. ......