70.1 Flashcards
Evidence Manual
1
Q
When should you cut the evidence seal?
A
Never. Cut the side of the bag.
* If integrity of bag is compromised, place evidence and all parts of the old bag in the new evidence gag like normal.
2
Q
All tape recorded statements must be kept for trial. True or false
A
True
3
Q
Who can restore serial #’s on guns?
A
Academy WCU (Weapons Control Unit) or NIBIN (National Integrated Ballistic Information Network)
4
Q
Scene should b initially _____ as far from the center to the farthest piece of evidence.
A
Twice
5
Q
Field notes don’t have to be kept if?
A
They are accurately put into formal report and prosecutor give defense report before trial.
6
Q
Documentary evidence shall be in (blue or black) ink?
A
blue
7
Q
All dope needs court order to be destroyed, unless over __ lbs gross, and then you take 5 random samples to keep and over 2 oz of for drug lab.
A
10
8
Q
Evidence shall be entered into AIS within __ business days of seizure.
A
2
9
Q
When evidence and property is collected, property (shall/should) be packaged and entered into AIS separate.
A
shall
10
Q
Disposable high-risk nitrile gloves,
not latex, (shall/should) be used when handling these substances.
A
shall
11
Q
All controlled substances
(except marijuana) and all unknown substances (shall/should) be double bagged and sealed using heat seal polyester bags.
A
shall
12
Q
T/F? Regardless of number of pills, they are to be weighed instead of counted.
A
True
13
Q
There (shall/should) be no more than one item type/drug type per package.
A
shall
14
Q
All packaged items shall use red evidence tape to cover the overlapping ends of the strapping tape to create the evidentiary seal where the booking
officer will write their initials, ID, and date across, with the exception of _____ _____ and _____, which require the blue sensitive item serialized evidence tape strips.
A
controlled substances and money
15
Q
The blue sensitive item serialized evidence
tape strips may also be used for items of value such as _____. Should the blue evidence tape be used, the serial number shall be noted for that item in
the evidence management software.
A
jewelry
16
Q
Drugs with a street value of $10,000 or greater (shall or shall not) be stored in a temporary evidence locker (including pass-through cabinets).
A
shall not.
They shall be secured inside the evidence room immediately after packaging.
Supervisor or officer shall maintain control until properly processed.
17
Q
Anytime we take a gun from somebody, we (shall/should) issue receipt
A
shall
18
Q
______ shall be stored outside the office and evidence room in a locked area designed for ______.
A
Flammables
flammables
19
Q
______ shall never be stored at the area office.
A
Explosives
20
Q
Unless trained and certified, officers (shall/should) never recap needles that are bent, broken, removed from disposable syringes, or otherwise manipulated by hand.
A
shall.
They shall be placed in puncture proof container.
Officer shall not remove contents fro a syringe.
21
Q
All ___ _______ shall be treated as if infected with a communicable disease and shall have label on container.
A
Bio Hazard
22
Q
Personnel handling bio hazard (shall/should) wear protective clothing, mask, glove, goggles, and gown.
A
shall
23
Q
Money (shall/should) be counted by __ employee’s and one should be a ______.
A
shall , 2, supervisor
Both shall initial form
Money should be documented on CHP 308
24
Q
Except for felony cases where the item has evidentiary value, such as
fingerprints or the contents are suspected of containing illegal substances like
Rohypnol, or cases involving persons under __ years of age, alcoholic beverages
should not be seized and retained.
A
21
They should be photographed instead. Areas
should consult with their district attorney for guidance on this topic and incorporate this information into Area SOP.
25
Contaminated or badly damage money (shall/should) be double bagged sent to FMS
shall
26
Serialized evidence and property (shall/should) be checked through APS by the investigating officer prior to being stored. If positive response is received, it shall be attached to 36.
Shall
27
If stolen item the evidence officer (shall/should) request that dispatch notify the reporting agency of recovery.
shall
28
All firearms are required to be entered into ____?
AFS
29
Serialized items, except property held solely for safekeeping, are _______ to be put into AIS
required
30
Adjudicated cases shall be forwarded to evidence officer within ___ working days by court officer.
two
31
When unknown suspect and there is no chance one will be id'd and no further investigation will be conducted, the evidence may be disposed of with concurrence of _____ and ______ ______
supervisor and investigating officer
32
CHP 36 serves 6 purposes = DANRRR
Declaration= a declaration of ownership for the person claiming to be owner of stolen property
Affidavit= Notice and rights for citizens who have found property
Notice= of the right to a property hearing for the person in possession of stolen property
Receipt= A receipt for property taken
Record= A record of evidence and property for the Department and court us
Report- A report form for found property
33
Supervisor or OIC should review 36 for accuracy, completeness and to verify the contents, if they are not available it may be submitted without their review... if the 36 wasn't reviewed the evidence officer (shall/should) have supervisor review and sign it.
shall
34
Supervisors shall only review the 36 for content and completeness, they should not open any of the packages, in this instance they should note on 36 reviewed only next ___ ___ ___. If supervisor finds it necessary to open a sealed package absent the _____ Officer, it shall be noted on chain of possession
to their name.
| booking
35
When the property seized is alleged to be _____ or ______, the officer will either read aloud or have the arrestee read the advisement regarding the right to a property hearing for stolen or embezzled property.
stolen or embezzled.
The advisement is on the reverse side of the receipt copy (yellow) of the CHP 36. Immediately after reading the advisement, the claim section of the CHP 36 should be completed.
Immediately after reading the advisement, the claim section of the CHP 36 should be completed.
The arrestee may exercise a claim to all, some, or waive their claim to the property. The officer SHALL check the appropriate box with the requested information and have the arrestee, if applicable, sign the claimant's signature box. The work "Refusal" should be noted if the arrestee elects not to make a selection.
36
Items being released (shall/should) be photographed prior to release = attached the photos to the _____
shall
| CHP 36
37
Money being released (shall/should) be counted in front of recipient and documented on ____, employee and recipient (shall/should) initial or sign their names next to the amount
shall
36
shall
38
who are the only two that can sign out evidence?
Case Officer or Supervisor
39
A suspense file for checked out evidence should be checked on a regular basis, at a minimum once a ______
Quarter
40
Who is responsible for maintaining the AIS data base?
Evidence Officer
41
___-___ are the only authorized drug testing kits for CHP. After it is used, employees shall utilize the acid neutralizer in a well ventilated area. Remove clip, add neutralizer to the packet, once it's cool to the touch or it stops effervescing, put the clip back on the package. Then throw in the trash. If not done in the field, shall take it to the office and do it.
Nik-kits
42
All Firearms and CEW shall be entered in ___
AFS
43
All Firearms entered in _____
etrace
44
All firearms that come into custody of CHP because of criminal act shall be entered into ___/___
nibin/ibis
45
Evidence should be purged on a _____ basis
weekly
46
Before disposal of evidence in non-adjudicated felony and misdemeanor cases, but after the Statute of Limitations has run, the evidence officer (shall/should) conduct a warrant check on all the involved defendants to determine if there are outstanding arrest warrants related to the case.
shall
If there are outstanding warrants, the evidence shall continue to be held. The prosecutor's office shall be contacted to determine if the evidence may be disposed. Evidence from infraction cases shall generally be disposed of after 12 months from the date of arrest, rotating monthly, unless there are extenuating circumstances.
47
Court Officer shall notify evidence officer with ___ working days of adjudicated cases.
two
48
The case status on misdemeanor/infraction evidence shall be checked after ___ months
six
49
The case status on felony evidence shall be checked ___ ____ after booking and every year thereafter.
one year
50
Declined of cases by Prosecutor.
In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of __ days after the date of arrest.
The court officer shall notify the evidence officer with ___ working days of cases the prosecutor has declined to file when there is evidence associated with that case.
90
| two
51
Adjudication of Records.
| Adjudication records shall be forwarded to the evidence officer with __ working days of receipt by the court officer.
two
52
Pending Adjudication.
Pending adjudication, evidence shall be hale for the time prescribed by ___. These time limits are in Sections 799-804 PC (Statute of Limitations).
1. Offenses punishable by death or life imprisonment; or which involve the embezzlement of public money or falsification of public documents: _____
2. Felony sexual offenses: hold for ___ years
3. Offenses punishable by imprisonment for eight years or more: hold for ___ years
4. 368 PC felonies (except theft or embezzlement): (Elder Abuse) hold for ___ years
5. Offenses punishable by imprisonment in state prison (all other felonies not covered above): hold for ___ years
6. Misd/infrac (except 647.6 PC and 729 B&P): hold for ___ year
law.
1. hold indefinitely
2. ten
3. six
4. five
5. three
6. one
53
All threshold and MAIT evidence shall be held for at least ___ years, and approval is needed before destruction after that.
ten
54
```
Adjudicated Cases.
Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:
1. Felonies: __ days
2. Misdemeanors: ___days
3. Juveniles cases: ___ days
```
90
60
90
55
Administrative Proceedings.
Evidence used in administrative proceedings will be retained until the proceedings have been _______ and the period for appeals has ____
completed
expired
Contact OIA and OLA with the case number for confirmation that there is no pending litigation related to the case.
56
unclaimed property where the owner is not known shall be purged at ___ days intervals.
90
57
All firearms shall be held locally for ___ days
180
| it will be sent to Academy WCU quarterly
58
Property is to be held for ___ days before disposal, if the owner notifies the agency in writing that they can't retrieve property and request them to hold it, we shall hold it for an additional ___ months. CHP shall only hold property for a total of __ months
180
10
12
59
If the value of the property is less than $250 and , after ___ days no one has claimed ownership, it may be given to the finder.
If the value is more than $250, and no one has claimed the property after ___ days, the evidence officer will place a notice describing the property in a local newspaper of general circulation for one day. If it is till unclaimed after ___ days, it shall be given to the finder after payment for the advertising cost is paid.
90
90
seven
60
Marijuana booked as evidence requires?
order of return from court
61
Marijuana booked as property is released ?
like normal property
62
__ Officers (shall/should) package controlled substances, SGT (shall/should) supervise. When container is full, it should be sealed with evidence tape, signed and dated by___.
```
Two
Shall
Should
both officers
2 SHALL transport to escort location and 1 shall be an officer.
```
63
An area evidence ______ will witness destruction of with evidence coordinator.
supervisor
64
Evidence room (shall/should) have dead bolt lock, can have biometric scanner if it also has an alarm
shall
65
No ____ or ____ are allowed on the evidence room
windows or signs
66
Officer and SGT (shall/should) verify make, model and serial number before shipping firearm on CHP 39a
shall
67
All relating to disposal of firearms or weapons (shall/should) be attaché to 36 and kept for current year plus__ years from date shipped to ACU
shall
| 4
68
Shall dispose of controlled substances at least ____ a year
2
69
Found stun guns and firearms (shall/should) not be returned to the finder.
shall
70
Property supervisor shall conduct ____ inspections of the property system.
quarterly
71
At least __% of items or property numbers with a min ten items that occurred from the date of the last inspection shall be inspected.
If there are discrepancies, and additional __% of the items or at least 10 additional items shall be inspected. If more discrepancies, the entire system shall be inspected
the four categories are:
```
10
10
Drugs 10%
Guns 10%
Money 10%
Other 10%
```
72
Supervisor shall document the inspection on a ___ to the area. Retained for __ years at area.
memo
| two
73
SGT's shall conduct ____ inventories and shall include all items which have been bar coded.
annual
74
An inventory (shall/should) be done upon change of command, change of property officer, or any time there is doubt as to the integrity of the system.
shall
| It should be done with the old property officer, the new one, and the supervisor.
75
Inspection or audit is done how often?
quarterly
76
Inventory is done how often?
annually
77
How many keys are to be issued for the Evidence Room and who has them?
Two
Primary property officer
Commanders emergency access key (sealed in envelope)
78
Security log for Evidence Room (should/shall) document all entry into property room except for ____ ____ ____
shall
| primary evidence officer
79
What shall happen to the locks when the property officer leaves that positions?
Locks shall be changed immediately and shall be documented on a memo.
80
Property shall not be left in temporary locker more than ___ day(s), exluding weekends and holidays
one day
81
Can anyone go into the evidence room?
Must have evidence officer, supervisor or manager present
82
MVARs shall be preflighted with?
Date
shift,
PV,
ID
83
Who can retrieve MVARS discs from the locker?
Only coordinators, supervisors, or mangers
84
The evidence supervisor shall conduct a ______ inspection of the MVARs DVDs.
quarterly
85
The evidence supervisor SHALL select ___ % of the CHP 36Ds for the quarter and verify each MVARS DVD corresponds with the appropriate CHP36D, The DVDs and or sleeves are properly marked, and are filed in sequential order.
10
86
The evidence supervisor (should/shall) check ___ MVARS DVD per month to ensure it plays properly and the recording is free from degradation.
should
| one
87
MVARs DVDs (shall/should) not be viewed for content during a quarterly inspection.
shall
88
If discrepancies are discovered during the MVARS DVD inspection, an additional ___ % shall be inspected
10
If further discrepancies are revealed, a 100 % inventory for the quarter shall be completed. A memo shall be filed at the Area office and retained for two years from the date of the inspection.
89
T/F: An annual or a change of command inventory of MVARS DVDs will not be required due to the high volume of DVDs?
True
However, 100% inventory shall be completed if a reasonable amount of discrepancies are revealed during the quarterly inspection, or the commander deems it necessary.
90
T/F: Submitted MVARS DVDs should be stored in the evidence room in a departmentally approved storage cabinet?
True
A cabinet shall be used if the MVARS DVDs are stored outside of the evidence room and must have internal hinges or constructed in a manner that prevents unauthorized access. The cabinets shall be secured in a manner that prevents tampering or unauthorized entry. The cabinet must be secured to the floor or wall
91
T/F: Cabinets designated for MVARS DVD storage shall only be used for the storage of such items.
True
| When practical, the cabinet should be placed within the evidence room.
92
Who are the only two people authorized to have the keys for the MVARs DVD cabinet?
coordinators and the commander
93
T/F: Do not charge for the copy of an MVARs DVD unless the request was made under IPA, PRA, Admin Per Se, or for a civil case.
True
| Allied agency requests for copies will be handled on a case-by-case basis by OLA
94
If a case has been filed by the DA and a person wants MVARs DVD they must do formal request through ____?
DA
95
If investigation is ongoing and charge have not been filed and a request for the MVARs DVD has been made, called (informal discover." This request shall be (granted or denied)
denied
96
```
Retention for DVDs:
T/C =
Threshold =
MAIT =
Consent search not resulting I 216/202 =
Misd/Felony =
268/270 incident =
Admin invest/citizen complaint =
Exposure to HAZ substance =
Footage of unsolved fatal hit and run =
```
T/C = 48 months
Threshold = 10 years
MAIT = 10 years
Consent search not resulting I 216/202 = 3 years
Misd/Felony = 1 year or adjudication of case, whatever is longer
268/270 incident = 1 year possible longer check with rmu
Admin invest/citizen complaint = 5 years, check with internal affairs first
Exposure to HAZ substance = 30 years
Footage of unsolved fatal hit and run = indefinite
97
What section prohibits employees of the Department from claiming property found during the course of employment?
Section 2080.3 CC
