STAFFORD COUNTY SHERIFF’S OFFICE
MANUAL OF GENERAL ORDERS
General Order: 19-01
/Effective Date: 1/1/2000
/Amended:August 2013
EVIDENCECONTROL
I.POLICY:
It is the policy of the Stafford Sheriff's Office that all evidence, and recovered property or turned into this agency, be properly packaged, handled, recorded, stored, accounted for and disposed of.
II.PURPOSE:
The purpose of this order is to establish a lawful system for the safe and efficient storage, retrieval and disposition of evidence or other valuable items that enter the custody of the Sheriff's Office.
III.DEFINITION:
- Evidence- Tangible property that is taken into possession by the Sheriff’s Office for the purpose of a criminal investigation/complaint.
- Property- Tangible property that is turned into the Sheriff’s Office for safe keeping, forfeited to the Sheriff’s Office by the courts, and property that is found and the owner is unknown,
IV.PROCEDURES:
A.Deputy Responsibilities:
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1.The recovering deputy will be responsible to properly package and the labeling of all items collected or recovered as property (found) or evidence, to prevent any tampering, contamination, or destruction of same. The recovering deputy will secure the item(s) in Evidence lockers before the end of his or her tour of duty.
2.Upon return to the Sheriff's Office, the recovering deputy shall immediately list and describe all items recovered on an EvidenceStorage Report form (SSO-003) and attach the form with the property being stored. The deputy’sreport will include the circumstances by which the evidence/property came into the agency’s possession and describing each item.
3.All evidence/property and all related Evidence Report formsmust be delivered immediately to the evidence lockers with the evidence/property. The evidence lockers will be used for evidence/property temporary storage when the Evidence room is closed. Deputies shall use the appropriate size evidence locker necessary to store their evidence.
4.Reporting deputies should check all property against NCIC/VCIN records: insuring appropriate information for reports to be entered into NCIC/VCIN is provided to staff of the Emergency Communications Division. Any associated NIC or VIC number should be included in the report. Updates, corrections or additional information obtained that could add to or clarify a NCIC entry should be provided as well.
5.For property that may be lawfully released to the owner, the recovering deputy shall immediately attempt to notify the owner (in person, by telephone or letter) that the Sheriff's Office is holding their property, and make arrangements to return the property to the rightful owner. Notify the owner that if property is not picked up within sixty days it becomes unclaimed property. The evidence form must be signed by the deputy before the item(s) may be released.
6.All deputies collecting evidence, whenever possible will photograph and follow the procedures set-aside in Virginia Code § 19.2-270.1. Property will be returned to the rightful owner, if possible.
B.Use of Evidence and Property Report form:
1.The Evidence Report form (SSO-003) willbe used for all evidence/property coming into custody of the Sheriff's Office.
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2.Each Evidence Report form must have a report number, which shall be recorded on respective offense/incident reports.
3.The recovering deputy shall complete an EvidenceReport form as completely as possible.
a.The Evidence Report form is for classifying property or evidence, so that the custodian will be aware of its status.
b.The Evidence Report form is for describing property as accurately as possible (including color, model numbers, brand names, serial numbers, approximate value, etc.).
c.The Evidence Report form will serve as a Property Release Form. The Deputy authorizing release must sign, date, and give a reason for release, before any property item can be released.
4.It is the policy of the Sheriff’s Office that all items of evidence/property listed on the IBR page will be itemized (i.e., a piece of property is vandalized and then the property is taken in as evidence. You would then list the property on line one as code 290; loss equals 4 and describe it with a value. The evidence will then be listed on line two as loss equals E with the same description and no value. This allows IBR to count the value of the vandalized property and the property type, and allows for the proper trackingof the evidence).
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C.Temporary release of evidence:
1.Deputies are responsible for checking out needed evidentiary materials for investigative cases and testimony purposes.
2.When receiving evidentiary materials from evidence, deputy must sign the designated form or electronically. The deputy's signature acknowledges receipt and full accountability for the evidence, agreeing that the evidence will be returned the same day unless an alternative date is set with the releasing custodian. To minimize delay in picking up evidence, deputies should advise evidence custodian one working day in advance of items they wish to obtain.
3.When returning evidence or property to the Evidence Section, deputies should personally hand the items to the Evidence Custodian or place the items in the temporary lockers.
D.EvidenceCustodian Responsibilities:
1.Will be accountable for control of all evidence and property stored in the evidencestorage room, and will ensure that all stored evidence/property is properly documented in property records of the Sheriff's Office.
2.Will maintain anevidence room that is clean, orderly, and secure and will take necessary steps to ensure that evidence and property in custody is being protected from damage or deterioration or theft.
3.Access to the evidence room will be restricted only to the Sheriff or his designee. Access by all other persons is normally prohibited.
4.All evidence and property will be stored in a designated area.
5.A separate protected area will be maintained for the storage of drugs, money, jewelry, weapons, and precious metals.
6.Will maintain a facility for the storage of items of perishable nature needing refrigeration.
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7.Will be responsible for the maintenance of records on all evidence/property indicating continuity of property and evidence from entry into the system to its final disposition.
8.Will release evidence and property only to authorized persons and may demand proof of authorization or identification of the owner or investigating deputy to whom they are releasing property.
9.The Evidence Custodian shall process all unclaimed property that has been released by the deputy indicating there is no further evidentiary value and to obtain from the recovering deputy a signed release for disposal. Deputies will then make arrangements for returning the property to the owner.
E.Weapons:
1.Deputies and employees of this office will not, under any circumstances, keep any weapon that is found, turned in or confiscated.
2.All weapons coming into the custody of this office will be immediately inspected to ensure their safe storage. It is imperative that all firearms be unloaded before placing in the locker.
3.All firearms coming into custody of the Sheriff's Office will be checked by the recovering deputy against NCIC/VCIN stolen files. In addition to information regarding stolen guns provide for entry. Weapons disposed of by the Sheriff’s Office, the appropriate “clearing house form” shall be completed and subsequently entry into NCIC made by Emergency Communications Division.
4.All firearms will be packaged separately and all firearms will be made safe. The firearms will have the chamber open and blocked to ensure that the fireman safe and can be seen readily by the evidence custodian before handling.
F.Drugs and Narcotics:
1.In the case of drug property or evidence, the recovering deputy should obtain a gross weight (content and package for quantitative and quality control. The weight of laboratory request sheet shall not be included in (content and package) weight.
a.Scales for weighing are provided for Patrol, CID & Evidence. Before using the scales, deputies should check to ensure the scale is at zero balance and correctly set. Evidence Custodian will compare the three scales with each other on a regular basis.
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b.The gross weight will be witnessed by another deputy when appropriate, i.e., large amount of drugs.
c.If the drug is a tablet or capsule, a count may be substituted for gross weight. This exception is permissible when the drug is sealed in tamper-proof protective packages.
d.Weight measures will be taken once substance is in the evidence packaging.
2.All drug evidence will be processed to the laboratory for examination within fourteen days of receipt.
3.Each time narcotics evidence is removed; the package or container should be inspected for tampering and weighed.
4.Seizures in excess of ten pounds of controlled substances of marijuana are addressed in Virginia Code § 18.2-253.1. This section sets forth disposal procedures for large amounts of controlled substances.
G.Alcohol:
1.All evidence and property consisting of alcoholic beverages and their containers must be sealed so that there is no chance of leakage while in custody of the Sheriff's Office.
2.It is the Commonwealth Attorney's opinion and advice that alcoholic beverages seized should not all be considered contraband.
a.Contraband alcoholic beverages would be those seized from those persons that are under age, where the person's possession of alcoholic beverages is in itself illegal (refer to Article 4, § 53,55,62).
b.Alcoholic beverages seized or recovered which are not contraband or used for evidence, should be returned to owner.
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H.Photographs:
1.In the event that photo processing is necessary for court presentation, forms will be provided for deputies/detectives to transfer images to the Department of Forensic Science for processing (form DFS-70-027). Refer to Virginia Department of Forensic Science Evidence Handling & Laboratory Capabilities Guide for further guidance.
2.Upon completion of court proceedings, the photos should be returned to the appropriate case files. (Photos should be identified on reverse side, including name of person taking picture, date, time and location).
I.Release of Evidence:
Before releasing any evidence to anyone other than a member of the Stafford Sheriff's Office and known to the Evidence Custodian or an employee of this office, a receipt in the form of an Evidence Report form, Property Release form must be obtained or electronic signature if receiving property at the Sheriff’s Office. All completed forms are to be forwarded to the Evidence Custodian for further processing of the records. Property will be signed for and the receipt shall be filed by the Evidence Custodian prior to releasing. The Evidence Custodian must assure evidence is to be released by contacting the deputy involved, and the Commonwealth Attorney's Office if necessary. Identification must be obtained from the individual to whom the property is to be released to. This information is to be recorded on the Evidence Report form.
All deputies or all parties involved will notify the Evidence Custodian as soon as possible after a trial of the status of the evidence involved (i.e., materials that may be destroyed, evidence that must be kept for appeal, evidence that may be released to the owner or other party, etc.).
J.Chain of Command for Evidence Section:
1.Sheriff
2.Major
3.Captain of Administrative Services Division
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4.Lieutenant of Administrative Services Division
5.Evidence/Property Clerk
6.Assistant Evidence Clerks
K.Inspections:
1.At least quarterly, the Captain of the Administrative Services Division, or designee, will conduct an inspection of adherence to procedures used for the control of property;
2.Whenever the primary property manager is assigned and/or transferred from the property and evidence control function, an inventory of property, to insure that records are correct and properly annotated, is conducted jointly by the newly designated property custodian and a designee of the Sheriff;
3.The Sheriff will order an annual audit of property held by the agency, which will be conducted by a supervisor not routinely or directly connected with property control:
4.Unannounced inspections of property storage areas are conducted as directed by the Sheriff.
5.Each inspection will be documented by report.
L.Final Disposition of Property:
1.The Evidence/Property Custodian will dispose of property presumed abandoned under Chapter § 55-210.1 of the Code of Virginia. The reporting and remittance will be in accordance with Va. Code § 55-210.12.
- The deputy shall obtain the prosecutor's authorizing signature on the property form for release of evidence. Further, the deputy shall ascertain from the prosecutor when contraband may be destroyed, and, upon approval notify the Evidence Division. The Evidence Division will arrange for destruction or other disposal as soon as possible.
- Items that have been released by the courts to the custody of the Sheriff’s Office for use in operations will be transferred to the Property section for addition to the Departmental inventory before being assigned out to any deputy.
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M.Persons Authorized to Enter Evidence Areas:
At no time will anyone except persons authorized to maintain the evidence area, or authorized by the Sheriff, enter the evidenceroom without a purpose. All other personnel entering the Evidence room will sign in prior to entering the room and sign out when departing. NO EXCEPTIONS. Personnel not assigned to the evidence room will be escorted at all times.
N.Evidence Overflow Sheds:
Evidence sheds will be maintained at locations approved by the Sheriff. These sheds will serve to accommodate the overflow of property or evidence. These sheds will be secured by lock and in the most secure location possible. These sheds will not be used to store evidence for current cases (with evidence that has to be physically introduced into court) and at no time will drugs, money, jewelry or critical evidence be stored there. These sheds will store evidence to be used in current cases only when the property is too large to be stored at the evidence room; in this event, the deputy or detective will follow the procedures for photographing and obtaining an affidavit for introduction in court.
A secure caged area for the temporary storage of large items and machinery containing gasoline is located on the southeast corner of the Sheriff’s Office. Deputies may place large items in this secure cage, but must notify the evidence custodian and turn in the property storage sheet. This temporary storage area will be emptied each workday by the evidence custodian and the items stored in the overflow area.
- Vehicles:
Due to space considerations, deputies shall attempt to process vehicles and release them to the rightful owner as soon as possible. If a vehicle is to be held for evidence or processing, it must be towed to the County Garage and stored in the secured fence. The deputy must notify the Assistant Commander of Administrative Services of the seizure. Location of the keys and the circumstances required for the release of the vehicle.
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