EVIDENCE/PROPERTY PROCEDURES
UPPD1000.0
TITLECOLLECTION AND PRESERVATION OF EVIDENCE
/ PROCEDURE NUMBEREPD1000.0
SECTION
PROPERTY PROCEDURES / NUMBER OF PAGES11
/ EFFECTIVE DATE10/22/2014 / REVIEW DATE
NEW AMENDS RESCINDS
DATE: / CALEACHAPTERS
53, 72, 74, 81, 82, 83, 84
/ AUTHORITYChiefStephen Walker
1
EVIDENCE/PROPERTY PROCEDURESEPD1000.0
I. PURPOSE
This general order establishes formal procedures governing the operation of the evidence/ property function. The word "property" includes found property, recovered stolen property, evidence and contraband.
II. POLICY
It is this Department's policy to ensure that all property in its custody will be diligently protected and secured by strict adherence to this general order's procedures. The Chief shall designate the Property Custodian and one designee who will have the responsibility for the security and control of seized, recovered and evidentiary property as well as abandoned, lost or found property held by this Department.
If the property seized is the result of an arrest, the property may be submitted to the Prince George’s County Police Department.
If a crime or incident occurs in the Town that exceeds Department service capabilities, the Prince George’s County Police Department will be requested to respond. When this occurs, their procedures and guidelines will be followed. Officers of this Department will then act in a support function at County direction.(See PGCOPD Volume II, Chapter 41 Property & Evidence)
Whenever available, materials andsubstances will be collected from a knownsource for submission to a laboratory forcomparison with physical evidencecollected.Evidence collection shall be handled inaccordance with practices taught in thetraining academy and written directives.
III. DESIGNATED STORAGE AREAS (DEFINITIONS)
To ensure the integrity of all items of evidentiary value, the Property Room will be used for the storage of evidence. The designated Property Custodianor a designee is authorized to access the property room.
B. Money Safe money below $5000 shall be witnessed by a supervisor and stored in the Department safe until deposited in a general fund or returned to its rightful owner. The Chief and designee have access to this area. Monies over $5000 will be taken to PGPD District I Station and deposited in the narcotics drop box and witnessed by a PGPD supervisor.
C. CDS Storage - all controlled dangerous substances, i.e., marijuana, cocaine, crack, heroin, etc., will be taken to PGPD District I Station and deposited in the narcoticslocker after being weighed and signed by a EPD supervisor or PGPD supervisor. CDS paraphernalia, i.e., bongs, pipes, rolling papers, drug scales, containers, etc., may be stored in the EPD property room storage facility.
D. Outside Shed used for storing bicycles and found property that is too large to be stored in the property room.
E. Gun Safe for the storage of guns (not BB or pellet), precious metals, jewelry, gemstones, and other items of value or an unusual nature.
F. In the event that any item(s) will not fit in any of the approved areas, or have special or unique storage requirements, a decision as to where the item(s) will be stored will be made by the Chief or a designee.
IV.PROPERTY PROCEDURES
A. No property records shall be submitted to PGPD unless the property is being turned over to PGPD. Any property taken into Departmental custody shall be accounted for in accordance with the provisions of this general order.
B. All property shall be protected from contamination, alteration, destruction and damage. Officers taking custody of property that they do not know how to preserve shall contact a PGPD BPO or Evidence Unit for assistance.
C. All items will be labeled with completed tags, either:
1. Recovered Property Tags (P.G.C. Form #2618) blue in color; or
2. Evidence Tags (P.G.C. Form #45) yellow in color.
D. Twine, string or wire will be used to attach tags securely to property. Tags may be stapled to non-evidentiary paper items. Rubber bands, paper clips and tape will not be used. Exposed cutting edges and blades will be taped.
E. No property item will be substituted for another property item, e.g., one piece of currency in place of another having the same face value.
F. Firearms - officers submitting firearms shall ensure that they are unloaded. If possible, the action will be opened. Clips or magazines shall not be stored in a weapon and ammunition shall not be stored in a clip or magazine.
G. Marking Evidence
1. When evidence is marked the mark shall be:
a. As small as practicable;
b. Distinctive; and
c. Placed in a location that will not reduce the item’s value.
2. An evidence item shall not be marked when:
a. It bears a manufacturer’s identification number; or
b. The marking would alter its evidentiary value; and
c. It is capable of being identified through distinctive markings and recorded information.
H. The Property Record (P.G.C. Form #126) is used for recording all property items taken into custody. All items shall be described in detail. Where any item bears the following, all information will be recorded: Manufacturer name; Model name or number; and unique identification number.
1. Property items with identification numbers will be checked for stolen through NCIC with the results of that check recorded on the Property Record.
2. For evidentiary items the officer will document the person or location from which the item was obtained on a report.
3. Property shall be released using the original Property Record when the property and Property Record form are available to the releaser. Distribution of this form is:
a.Canary copy - Forwarded to the Records Section when received by the Property
Section;
b. Pink copy - Officer (except narcotics cases); and
c. Goldenrod copy - District I
4. If the original Property Record form is not available to the releaser, a Property Release form (P.G.C. Form #127) shall be used. Distribution of this form is:
a. White and Pink copies - sent to the Property Section;
b. Blue copy - retained by the releasing officer; and
c. Yellow copy - sent to District I property file.
I. The “Property Held by Court” form shall be completed whenever a court retains property. The form must be filled out in quadruplicate prior to reporting to the OSA or Clerk of the Court.
1. The officer shall include on the form only those items intended for use as evidence. The officer shall check with the prosecutor prior to court to verify which property items will be used as evidence.
2. If the officer has been excused from court after the property has been introduced as evidence the form must be signed by the Clerk of the Court acknowledging custody of the evidence. After signature, copies #3 and #4 will be returned to the officer.
a. Copy #3 will be retained by the officer; and
b. Copy#4 will be forwarded to the Property Section via courier.
3. The Clerk of the Court signs the evidence form for all circuit court cases.
4. For property items booked through PGPD the PGPD Property Section interacts with the courts to retrieve property.
V. SUBMITTING PROPERTY
A. All property not held for court purposes will be submitted to a property storage location prior to the officer’s end of watch.
B. A supervisor will sign the property record, return the officer’s copy and secure the property in a property storage area.
C. Off duty officers who recover property of minor value, e.g., license plates, may retain the property for a maximum of 72hours. All other property with intrinsic value, including firearms,
CDS or valuables, shall be immediately submitted to a supervisor.
D. Unique Items - Firearms, CDS, Valuables and Other Items
Any officer, in on or off duty status,who takes possession of any firearms, CDS, monies or valuables or other evidence shall submit them to property prior to the end of watch.
E. Large Sums of Money or Valuables
1. Money or valuables less than $5000 shall be stored atEPD station until properly deposited into a bank account or returned to the rightful owner.
2. Money or valuables worth $5000 or more will be transported directly to the PGPD Property Section when open. Supervisors determine whether an item should be transported to the PGPD Property Section when its value cannot be determined.
3. When the PGPD Property Section is closed all money or valuables, over $5000 of value, will be placed in a PGPD District I narcotics mailbox. Those items placed in the narcotics mailbox will be logged and the associated paperwork processed in the same manner as narcotic property.
F. Chain of Custody
1. For each item officers shall document the name of the person who collected the item.
2. A chain of custody will be maintained for all evidence items.
3. For non-narcotic property the chain of custody will be documented on reverse of the Evidence Tag.
4. Responsibility for documentation lies with the receiving officer.
5. When evidence is transmitted to outside agencies, officers will document chain of custody information on the appropriate report.
G. Property Storage Area - the Chief and commissioned officers are authorized access to Department property storage areas within the UPPD station.
H. UPPD Property Records Files - includes records of all property held at EPD station.
1. Bicycle File - Contains records of all bicycles held at the station prior to disposition.
2. Property Held by Officer File - Includes records of property held by officers for court presentation. The Chief or a designee may monitor this file to ensure that Department is not holding property for more than 180days.
3. Property Released File - Includes all records of property that have been released to the owner ortothe PGPD Property Section.
I. Bicycle Procedures
1. Stolen Bicycles - the PGPD Telecommunications Section will be notified only if the make and serial or permanent identifying number are known. If entered into a computerized file, other identifying characteristics may also be included.
2.Recovered bicycles - Officers shall check stolen status of recovered bicycles by serial or other identifying number. If a bicycle registration sticker is attached, the issuing agency will be contacted to determine ownership. Results of the investigation will be placed on the Property Record and recovery information supplied to PGPD Telecommunications Section if applicable.
3. Releasing Bicycles - when a bicycle is recovered and cannot be returned to an owner during the tour, the officer shall book the bicycle into outside property shed. The officer shall attach his/her copy of the Property Record to the Incident Report.
a. When the owner of a recovered bicycle is a Town resident the officer shall transport the bicycle to the resident’s address for release unless it must be held for evidence.
b. Resident’s bicycles may be held for a maximum of 24hours in the police office pending pickup.
4. Bicycle Registration
Anofficer shall refer a resident to Prince George’s County Police District 1 Station for registration of any bicycle.
VI. RELEASE OF PROPERTY
A. When property is recovered and the property owner is known, the officer shall immediately notify the owner and inform the owner that proofof positive identification of the property must be presented within 90days for the release of the property. This provision does not apply for items being held for court.
1. The notification and manner in which made will be noted on the Property Record.
2. Mail notifications are made via form letter (P.G.C. Form #2746).
3. In cases where the officer has submitted property to the PGPD Property Section, notification responsibility rests with the Property Section.
B. Property that is not held for court or other law enforcement purposes, will be held by the PGPD Property Section for 3months (except seized handguns).
1. If not claimed or returned to its owner within that time the property will be submitted to the County Purchasing Agent for disposition in accordance with law.
2.The following property will not be released to owners:
a. Contraband;
b. Confiscated motor vehicles;
c. Money confiscated as a result of vice violations;
d. Property held as evidence.
C. Release To Finder - When an officer recovers found property from a finder and ownership cannot be established, the officer will advise the finder that the property may be released to them if:
1. The property is not claimed by the owner within 90days;
2. The finder lays claim to the property within
90days;
3. The property is not contraband nor a handgun; and
4. The finderprovidesproper identification.
VII. SEIZED FIREARMS
A. Handgun Definition – Criminal Law Article Section 4-201(c) (1) defines a handgun as “a pistol, revolver, or other firearm capable of being concealed on the person. Handgun includes a short-barreled shotgun (Section 4-201(g)(1-2) a shotgun that has one or more barrels less than 18-inches long; or a weapon that has an overall length of less than 26- inches long and was made from a shotgun, whether by alteration, modification, or otherwise) and a short-barreled rifle (Section 4-201(f)(1-2) a rifle that has one or more barrels less than 16-inches long; or a weapon that has an overall length of less than 26- inches and that was made from a rifle, whether by alteration, modification, or otherwise). Handgun does not include a shotgun, rifle, or antique firearm.
B. When any firearm is taken into Departmental custody and is not listed as stolen in NCIC or cannot be checked through NCIC, the officer shall cause a telex to be transmitted to the PGPD Telecommunications Section. The facsimile shall include:
1. Make;
2. Model name and number;
3. Serial number and other identifying numbers; and
4. Physical description of the firearm, including size, type and material.
C. The PGPD Telecommunications Section enters the information to the NCIC Recovered Gun File. The entries are maintained in NCIC for the year of entry plus two additional years. The officer shall indicate on the Property Record “No record stolen; placed in recovered gun file”.
D. Handguns Involving Criminal Charges
1. When handguns are seized and criminal charges are brought against the person(s) who had possession of the handgun, the following procedures will be observed:
a. The officer will complete a Property Record, describing the handgun by make, model and serial number, or other identifying characteristics. The name and address of the owner will be included if different from the person charged.
b. The weapon will be submitted to a supervisor prior to the end of the officer’s tour of duty.
c. Procedures for weapons retained for forensic analysis or ballistic testing will be in accordance with the PGPD General Order Manual Volume 2, Chapter 41.
d. Handguns seized pursuant to a violation of Criminal Law Article, Section 4-203 are subject to forfeiture to the State. The PGPD Property Section is responsible for notifying the owners of these handguns of the pending forfeiture and appeal procedures.
1) Officers will notify owners of handguns not subject to forfeiture pursuant to Criminal Law Article, Section 4-203.
2) Owners have 30days in which to apply for the return of the handgun.
e. The words “FOR FORFEITURE” will be printed in the description section of the Property Record, for handguns seized under Section 4-203. This will be done even when the possessor of the handgun is not charged with an actual violation of Section 4-203, though he/she may be charged with another crime such as armed robbery.
f. Officers seizing handguns under Section 4-203can help expedite the return of a gun to its owner only if the gun has been reported stolen. In these cases, “HOLD FOR OWNER” will be printed in bold letters beneath “FOR FORFEITURE” and the owner will be advised to apply to the PGPD Property Section for return of the weapon.
g. In other cases, owners must appear before a hearing board before the handgun will be returned. Accordingly, if the handgun is not listed as stolen the owner shall be told to apply to the PGPD Property Section for a hearing that will determine whether the owner could or should have known the gun was possessed in violation of Maryland law.
h. Only the PGPD Property Section may release handguns.
i. The Chief may convert handguns confiscated for a violation of the Criminal Law Article, Section 4-203 or 4-204 to Department use, or sell, exchange, or transfer the forfeited property as stated in Criminal Procedure Article, Section 13-206.
E. Handguns Not Involving Criminal Charges
1. All seized, found or recovered handguns will be submitted to a supervisor or PGPD District I property room prior to the end of the officer’s tour of duty. Only the Chief (or PGPD Property Section for firearms turned in to PGPD) may release any seized handgun.
a. Officers seizing such handguns will notify the owner to contact the Chief (or, as appropriate, the PGPD Property Section) within 90days to apply for the release of the weapon.
2. If the seized handgun has not been reported stolen prior to its seizure, the owner attempting recovery must apply to the PGPD Property Section within 90days of notification by PGPD.
a. A hearing board may authorize return of the gun to the owner following an appropriate inquiry.
F. Long Guns Involving Criminal Charges
1. When a rifle or shotgun is seized and charges are filed, officers shall:
a. Complete a Property Record describing the weapon by make, model, serial number or other identifying characteristics. The name and address of the owner will be included if different from the person who had possession of the weapon. The officer seizing the weapon will notify the owner.
b. Submit the weapon to property prior to end of watch.
2. When an officer seizes a weapon (other than a handgun) and the person who had possession of the weapon is not criminally charged, the disposition of the weapon will be handled in the same manner as all other routine property.
G. Stolen Checks/ Canceling NCIC Entries
1. Found or recovered property with serial numbers or other identifying numbers will be checked through NCIC. The results of that check will be recorded on the Property Record.
2. Recovered stolen property that had been entered into NCIC will require a cancellation.This must be done by sending a fax to the PGPD Telecommunications Section. The telex will include all serial numbers, property descriptions and the CCN.
3. Stolen credit cards are not entered into NCIC.
VIII. CONFISCATED MONEY CASES
A. In cases involving property or proceeds from CDS or gambling cases the officer will note Confiscated Money in the lower left corner of the narrative section of the Arrest Report.