NJSACOP LEAP MODEL POLICIES
EFFECTIVE DATE: / GENERAL ORDER # 020SUBJECT: EVIDENCE PROCEDURES
ISSUED BY: / # OF PAGES: 16
DISTRIBUTION: / REVIEW DATE:
LAST REVISED:
ACCREDITATION STANDARDS: / 83.2.1 / 83.3.2 / 84.1.1 / 84.1.6
The written directives developed by the Police Department are for internal use only, and do not enlarge an officer’s civil or criminal liability in any way. They should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of written directives can only be the basis of a complaint by this department, and then only in an administrative disciplinary setting.
PURPOSE: To enhance department operations and accountability by establishing procedures for the proper collection, packaging, preservation, security and disposition of all property that is collected, seized or received by officers of this department.
POLICY: The utilization of proper and accepted methods for the collection, packaging and preservation of all evidence and seized property is of paramount importance in the successful investigation and prosecution of criminal and/or civil cases. The lawful and appropriate disposition of such property on regular intervals is necessary for the efficient management of the property and evidence function.
PROCEDURE:
I. Collection of Evidence
A. The collection of physical evidence can be accomplished by any officer of this department, however, certain officer are designated as having primary responsibility for the collection of evidence in relation to specified incidents:
1. Detectives are primarily responsible for the processing of crime scenes and the collection of evidence and shall be summoned in all situations where the watch supervisor determines the need for crime scene processing and the patrol crime scene technician is not appropriate or not available.
2. Patrol Crime Scene Technicians are assigned to each patrol squad and are available to process crime scenes and recovered property in the following situations:
· Recovered stolen motor vehicles other than those flagged in NCIC as “hold for prints” by the entering agency. Vehicles flagged as such shall be processed by the entering agency.
· Thefts from a motor vehicle in which there is a likelihood of locating suitable latent prints.
· Burglary or attempted burglary to a vehicle, residence or commercial property subject to the following restrictions:
o The incident did not result in injury or death.
o The incident is not a result of a bias crime.
o The incident is not part of a series of related burglaries believed to have been committed by the same person or group.
o The watch commander determines that the duty detective should process the scene.
· Thefts or strong-arm robberies where no weapons are used and no injuries occur.
· Criminal mischief where there exists a likelihood that physical evidence can be recovered and the victim is willing to initiate a criminal complaint should a suspect be identified.
3. In cases involving major crimes, the county prosecutor’s office or other state or federal agencies may become involved in the collection of evidence and, in such situations, shall be responsible for the collection, packaging and retention of the collected evidence.
4. While it is clearly recognized that officers not specifically assigned to the collection of evidence will discover and collect evidence in the course of their duties, officers operating at a secure crime scene that are not assigned to the collection of evidence shall not search for or otherwise handle any items of evidence unless so ordered by competent authority.
C. All evidence that is collected by officers of this department must be promptly turned over to the evidence function by securing it at police headquarters in the designated receptacle.
1. No property or evidence shall be held in a vehicle, desk, personal locker or other unauthorized location.
2. The temporary storage of evidence shall be accomplished in a manner consistent with the provision established in this written directive.
3. The secure storage of all property or evidence coming into the possession of any officer of this department must be accomplished before the recovering officer ends his or her shift.
4. If, for some unforeseen reason, the recovering officer is incapacitated or otherwise incapable of accomplishing this before his or her shift comes to an end, the watch commander shall designate another officer to complete this action. Full documentation for the transfer of custody of the evidence and the reason for such transfer must be included in the case file.
D. All evidence that is recovered/ seized by any officer of this department must be handled with extreme care in order to prevent contamination of the evidence and/or officer.
1. The use of tongs or tweezers should be considered to prevent the recovering officer from touching and/or contaminating the items.
2. In all instances where items of evidence must be physically handled by the recovering officer, extreme care shall be exercised to limited the degree of handling and a new pair of latex gloves should be worn to prevent contamination and/or cross-contamination.
E. Perishable evidence shall be given priority and collected first. If destruction of evidence is not a concern, the recovering officer shall work through the scene in a logical sequence designed to prevent the disruption and/or contamination of other items of evidence.
F. In collecting evidence for comparative analysis, it must be remembered that the forensic laboratory can only compare a recovered item with known items showing similar characteristics.
1. Sufficient specimens or controls must be submitted for comparisons of such items as hair, fibers, paint, glass, soil and tool marks. Refer to the Evidence Guide beginning on page 5 of this written directive for items of evidence that will require submission of a control sample.
2. In all instances where a control sample is required the investigator shall endeavor to supply a sample in the amount set forth in the evidence guide.
G. Establish a comprehensive chain of custody by carefully documenting all changes/transfers in the custody of any item of evidence, including transfers made in the field before the items are submitted into the custody of the evidence function at police headquarters.
II. Marking and Packaging
A. All items of evidence collected by department officers shall be marked immediately after discovery. Whenever possible, the marking should consist of at least the officer’s initials and preferably the officer’s initials followed by a number assigned to the item, followed by the date and case number. Marking and packaging of evidence shall be consistent with the procedures outlined in the New Jersey State Police Evidence Field Manual.
1. Evidence that is too large to be packaged in traditional evidence bags/ containers shall be packaged in large paper or plastic bags, cartons or other suitable containers, if possible, and properly marked.
2. Items such as shotguns, rifles, clubs, etc., shall be marked for identification, tagged and submitted without additional packaging.
3. To avoid contamination, each type of evidence should be packaged separately.
B. All items of evidence collected must be properly recorded on a Property Description Report and must have the following information printed on the tag or outermost bag/container:
1. Department incident number
2. Date of recovery/ seizure
3. Location of recovery/ seizure
4. Owner of property, if known
5. Brief description of property
6. Officer’s name and badge number
C. In some instances, the marking and labeling of evidence may represent a single process where the evidence, because of its size or nature, can accommodate the recording of complete identifying data directly on the item of evidence. In such instances, a tag displaying the incident number associated with the evidence is the only other identifier needed.
D. In other instances, the small size or nature of the evidence collected will not permit the recording of complete identification information directly on the item.
1. Officers should attempt to record at least their initials and the date of recovery/ seizure. All other information shall then be recorded on the attached tag or outermost bag/ container.
2. Information shall be recorded on the exterior of the bag prior to the insertion of evidence to prevent damage or contamination.
E. It is important to select a bag/ container or other method of packaging that is suitable for the intended evidence and that will provide the necessary degree of protection from damage, contamination and inadvertent opening.
F. Officers should develop the habit of marking similar items of evidence in the same location to prevent potential embarrassment on the witness stand when asked to identify their unique markings on the evidence.
G. When marking valuable items, including televisions sets, stereos, musical instruments, radios, etc., the markings should be as inconspicuous as possible, such as on the bottom, back or inside of the item.
H. The following are examples of instruments that are suitable for marking evidence:
1. Permanent markers (felt tip pens).
2. Scribes (diamond tip, awl, engraver)
3. Ball point pen on affixed labels.
I. All BIOHAZARD EVIDENCE must be labeled with biohazard stickers. If the evidence is known to be contaminated with HIV or Hepatitis B or other communicable/ contagious diseases, it should be so noted on the bags/ containers and a note should be attached to any evidence sent out for examination clearly indicating same.
1. All clothing and other evidence containing dried blood should be packaged in separate paper bags and labeled with biohazard stickers.
2. Specimens containing wet stains of blood or other biological fluids shall be placed in separate plastic bags at the scene and labeled with a biohazard sticker.
· These specimens should be transported to a safe location as soon as possible thereafter and removed from the bags to allow them to air dry. NOTE – this should be done in an area of low humidity, out of direct sunlight and away from sources of direct heat.
· Once completely dried, the specimens shall be placed in separate paper bags and labeled with biohazard stickers.
· The original plastic bags shall be retained and submitted with the evidence.
3. Sharps, such as needles, syringes, knives or broken glass that may be contaminated with blood or other biological fluids, shall be placed in a puncture resistant container and labeled with biohazard stickers.
4. Any liquid or wet biohazard specimen shall be packaged in a leak-proof container and labeled with a biohazard sticker.
CAUTION: All biohazard evidence should be considered potentially dangerous to your health and should be handled with the utmost caution. When handling or transporting this type of evidence, latex gloves shall be worn!
J. For the purpose of this written directive, evidence shall be classified as “evidence for safekeeping” and “evidence for laboratory examination”.
1. Evidence for safekeeping requires no further processing or examination but must be retained for future utilization.
2. Evidence for laboratory examination requires either in-house or external laboratory examination (e.g., latent fingerprints, firearm operability, ballistics, narcotics identification, etc.). After examination the evidence will also be retained for future use.
3. At no time shall the two types of evidence be submitted to the property officer in the same bag/ container. If a single case involves both classifications of evidence, they shall be packaged in separate bags/ containers.
K. All items of evidence shall be handled, marked, stored and submitted to the laboratory in a manner consistent with the provisions contained in the Evidence Field Manual published by the New Jersey State Police Special and Technical Services Section. Copies of the Evidence Field Manual are maintained in the Patrol Bureau and Investigative Bureau for reference.
III. Submission and Storage
A. A Property Description Report, as described in Section X of this written directive, must be completed for each item of evidence or property being submitted for storage. The Property Description Report and the packaged and labeled articles shall then be inspected by the submitting officer’s supervisor.
B. The reviewing supervisor shall ensure that all items are properly packaged and labeled, and that the Property Description Report is accurately completed. The supervisor shall initial the Property Description Report indicating that the evidence has been properly processed.
C. The officer submitting the evidence/ property shall then submit the Property Description Report and the evidence/ property to the property officer for storage/ safekeeping.
1. In the event that the property officer is not available to receive custody of the evidence/ property, the reviewing supervisor shall accompany the officer submitting the evidence to one of the authorized temporary holding receptacles and observe the officer secure the evidence/ property.
· The Property Description Report shall be forwarded to the Property Officer with a note attached indicating the current location of the evidence/ property.
· All entries on the Property Description Report shall be completed excluding No. 52 “RECEIVED BY” which will be completed by the property officer when the evidence/ property is removed from the temporary holding receptacle.
· A copy of the Property Description Report, bearing the property officer’s signature, shall be forwarded to the record’s bureau for inclusion in the case file and shall act as a receipt for the submitted property.
D. If the evidence being submitted must be refrigerated and the property officer is available, the evidence shall be delivered directly to the property officer for immediate transfer into the refrigerator in the evidence vault.
1. If the property officer is not available to receive the evidence, the reviewing supervisor shall permit the officer submitting the evidence to place it in the refrigerator in the patrol supervisor’s office.
2. All evidence stored in this manner shall be securely packaged with the officer’s initials on the taped closures to prevent the possibility of challenges to the integrity of the evidence.
3. The Property Description Report shall be submitted in the same manner as called for above.
E. Items of evidence that are too large to be stored in any of the authorized temporary holding receptacles must be secured in the most effective manner possible.