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HomeMy WebLinkAbout0024 -EVIDENCE AND PROPERTYRed Wing Police Department Policy SUBJECT: POLICY NUMBER • EVIDENCE AND PROPERTY 24 EFFECTIVE DATE January 23, 2012 REFERENCE(S): APPROVED BY: .. PROPERTY & EVIDENCE PACKAGING & CHIEF ROGER D. POHLMAN PROCEDURE MANUAL PURPOSE: The Red Wing Police Department and the Goodhue County Sheriff's Department, having entered into a cooperative venture in a joint Law Enforcement Center, have a duty and responsibility to keep an accurate record of receipt, storage and final disposition of all property which may come into their respective possessions. This policy will establish guidelines for the proper and consistent handling, preservation, and disposal of property and evidence coming into the possession of the Red Wing Police Department and the Goodhue County Sheriff's Department or their employees in the course of their duties. The objective is to provide an effective resource for the appropriate management of all property and evidence. POLICY: All property coming into the possession of the Red Wing Police Department or the Goodhue County Sheriff's Department or their employees in the course of the performance of the duties of these law enforcement agencies shall be properly packaged and placed into the proper storage areas as provided for in the Property and Evidence Packaging/Procedure Manual. 1. DEFINITIONS A. EVIDENCE: Any property that an employee of the Red Wing Police Department or the Goodhue County Sheriff's Department receives or collects that will likely be used to prove or disprove alleged facts or have relevance to a probable criminal proceeding. B. FOUND PROPERTY: Any property found by an employee of the Red Wing Police Department or the Goodhue County Sheriff's Department, or by another, and turned over to an employee of the Red Wing Police Department or the Goodhue County Sheriff's Department for which an owner is not readily present, identifiable or available to retrieve the property. C. EVIDENCE/PROPERTY PREPARATION ROOM: A room located in the lower level of the Goodhue County Law Enforcement Center just outside of the Evidence Technicians Office where objects of evidence or property, not expressly prohibited by provisions of the Property and Evidence Packaging/Procedure Manual, are prepared, packaged, labeled and temporarily secured for storage. Pagel of 5 EVIDENCE AND PROPERTY— POLICY 24 D. PROPERTY FOR SAFEKEEPING: Is any property of no evidentiary value surrendered to an employee of the Red Wing Police Department or the Goodhue County Sheriff's Department temporary custody with the understanding that the person surrendering the property has a legal right, or is required to do so by court order. The property will be returned to the rightful owner(s) at the end of a specified period of time, unless the owner(s) request disposition by the Red Wing Police Department or the Goodhue County Sheriff's Department in a manner prescribed by law, or the court order prohibits return of the property. E. EVIDENCE/PROPERTY ROOM: The limited access room located in the lower level of the Goodhue County Law Enforcement Center where objects of evidence or found property, not expressly prohibited by provisions of the Property and Evidence Packaging/Procedure Manual, are stored. F. EVIDENCE/PROPERTY GARAGE: The single place garage located in the lower level of the Goodhue County Law Enforcement Center where large objects or motor vehicles may be temporarily stored for execution of search warrants or evidentiary processing. G. LONG TERM STORAGE FACILITY: Located in the basement of the Adult Detention Center. Utilized for the long term storage of evidence such as, Homicide, Criminal Sexual Conduct and other evidence that needs to be maintained for the duration of the sentence or other designated purposes. H. COLD STORAGE: Building designated by the Red Wing Police Department as Red Wing Police Department "Cold Storage", or on Goodhue County property at the Goodhue County Shop on Pioneer Road, where large objects, objects prohibited by provisions of the Property and Evidence Packaging/Procedure Manual to store within the Goodhue County Law Enforcement Center Evidence Room, or long term storage of motor vehicles may be conducted. EVIDENCE TECHNICIAN: An employee of the Red Wing Police Department who has been assigned the duties of intake, storage, and disposal of all property received by the Red Wing Police Department. J. BOOKING OFFICER: Any employee of the Red Wing Police Department or the Goodhue County Sheriff's Department who recovers or receives property. This employee has the responsibility to properly process the property for submission to the Evidence/Property Room, or, in the case of Found Property, to take appropriate steps to identify and return the property to the rightful owner prior to turning it in for storage. K. PROPERTY AND EVIDENCE PACKAGING/PROCEDURE MANUAL: A manual created to provide specific guidelines for the proper handling and packaging of property coming into the custody of the Red Wing Police Department or the Goodhue County Sheriff's Department. 2. PROCEDURES Page 2 of 5 EVIDENCE AND PROPERTY— POLICY 24 A. PROPERTY CONTROL 1. An Evidence Technician shall be assigned to the Evidence/Property Room and will be responsible for intake, storage and disposal of all property received by the Red Wing Police Department or the Goodhue County Sheriff's Department to be held as evidence, found property, or to be stored for safekeeping. 2. The personnel assigned the Evidence/Property Room function will be responsible for the maintenance of an accurate record keeping system for all property that comes into their custody. This shall include all transactions from date of custody through final disposition. 3. BOOKING OF PROPERTY A. The Booking Officer is the employee who initially receives or acquires the property and who has the responsibility to properly prepare the property for submission to the Evidence/Property Room and to properly complete the necessary forms as required by the Property and Evidence Packaging/Procedure Manual. 1. The Booking Officer shall be responsible for transporting, booking, and proper packaging of the property. 2. All property which cannot be immediately released and which is not essential to an immediate, ongoing investigation shall be placed in an intake locker located in the Evidence/Property Preparation Room, or other appropriate location as provided for by the Property and Evidence Packaging/Procedure Manual as soon as reasonably possible. In all cases property shall be booked prior to end of the Booking Officer's shift in which the property was received/acquired. 3. At no time shall any employee retain personal possession of any property coming into his/her possession, nor shall any property be stored in individual officer's lockers, offices, or squad cars or any other location not specified in the Property and Evidence Packaging/Procedure Manual. 4. No property shall be left unattended at any time prior to being properly booked and secured in an intake locker. In rare instances when property cannot be processed immediately, it can be stored in evidence lockers for periods not to exceed 7 (seven) days. 5. The Booking Officer shall be responsible for completing the required Property and Inventory Report. a. The Property and Inventory Report shall, at minimum, contain an ICR Number, the date of seizure or collection, the Booking Officer's name, the owner's complete (last, first middle) names, if known, and a complete description of the property Page 3 of 5 EVIDENCE AND PROPERTY— POLICY 24 acquired, including brand name, model, color and serial number, if appropriate. b. One yellow copy of the Property and Inventory Report shall remain with the property when placed into an intake locker, but shall not be sealed inside any packaging into which the property is placed. C. One Yellow copy shall accompany the case file associated with the property acquired. 6. All property shall be packaged according to the Property and Evidence Packaging/Procedure Manual. Officers are expected to use common sense when packaging and labeling property to maintain the integrity, value, and chain of custody of the property. 4. RIGHT OF REFUSAL A. The Evidence Technician shall have the right to refuse logging of any property due to improper packaging or labeling, incorrect paperwork, or for any reason that could compromise the chain of evidence or create an unsafe condition. 1. Property refused will be placed in an evidence locker, or other secure location, and the shift supervisor of the Booking Officer involved will be notified. The shift supervisor shall release the property to the Booking Officer so that the problem(s) can be corrected. 5. EVIDENCE/PROPERTY ROOM SECURITY A. Keys or cards allowing access to the Evidence/Property Room shall be assigned to the Evidence Technician, and any other employee as directed by the Chief of Police. B. Emergency Entry: Emergency entry to the evidence/Property Room may be accomplished by the following: 1) The Chief of Police maintains an evidence room key in a sealed envelope under their control. 2) The Red Wing Fire Department may gain emergency access by utilizing a key maintained in a special lock box fastened on the wall next to the door in the Evidence Technician's office. A police department employee has to provide entry to the Technician's office and remain with the fire department personnel. C. No one shall be permitted to enter the Evidence/Property room unless accompanied by an Evidence Technician. 1) Personnel permitted entry to the Evidence/Property Room shall be limited to those directly connected to the Red Wing Police Department or Goodhue County Sheriff's Department and whose job duties require access to property contained therein. Page 4 of 5 EVIDENCE AND PROPERTY— POLICY 24 2) Members of the general public and/or owners of property contained within the evidence/property room shall not be permitted in the evidence/property room at any time unless authorized by the Chief of Police or their designee. 3) Arrangements for identification of property shall be made so that the identification is conducted outside the Evidence/Property room areas when possible. Page 5 of 5 EVIDENCE AND PROPERTY— POLICY 24