70.1 Evid. Manual Flashcards
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What are the objectives of the investigator outlined in the Evidence Manual? (1-3)
(1) Gather and preserve all relevant evidence for successful prosecution of guilty parties and/or exoneration of innocent parties.
(2) Operate within established procedures or follow a system of rules for every case to ensure a thorough investigation and effective prosecution.
(3) Use a scientific and logical system for the gathering and preservation of physical evidence.
How large should a crime scene be if it happened out doors or in a large interior? (1-4)
The scene should initially be identified as twice the distance from the center of the scene to the farthest known piece of evidence.
What must be done before destroying field notes? (1-6)
(1) They are incorporated into a formal report.
(2) The formal report accurately reflects the contents of the notes.
(3) The prosecutor turns over a copy of the formal report to the defense counsel before trial.
Evidence consists of testimony of witnesses, writings, material objects or anything presented to the senses and offered to prove the existence or no existence of fact. What are three basic types of evidence? (2-3)
a. Testimonial. Evidence presented orally or in deposition form by a witness or suspect.
b. Documentary. Evidence generally means a “writing.” This would include a document which is handwritten, printed, photocopied, etc., as well as most forms of
tangible expression, such as a movie, photograph, or tape recording.
c. Physical. Evidence which includes all tangible objects, substances, prints, and impressions that have a relevant bearing on the case and aid the investigator or court in arriving at an opinion or conclusion.
What are the five basic criteria for the evaluation of physical evidence? (2-4)
a. Relevancy. The evidence must be meaningful and related to the case.
b. Identifiable. The investigator must be able to testify that the evidence is the same as found at the scene.
c. Legally Obtained. The evidence must be obtained legally.
d. Continuity. There must be an unbroken chain of possession. Each transfer of the evidence must be documented.
e. Integrity. Evidence must not be contaminated or mixed.
Who is the Commissioner’s delegated representative when it comes to destroying controlled substance in excess of ten pounds as it usually pertains to substances seized from a drug lab? (4-7)
To comply with the requirements of Section
11469 H&S, the involved Division commander is the Commissioner’s designee for purposes of destruction of controlled substance in excess of ten pounds in gross weight. This section is normally applied to drug lab seizures.
What is the time constraint for booking evidence? (5-3)
Employees shall place all evidence and property in the designated evidence/property temporary storage
lockers prior to the end of their work shift. Employees shall not store evidence or property in a personal locker or any other location.
Items shall be entered into AIS within two business days of the seizure.
When property is collected with evidence/contraband, the property shall be packaged and entered into AIS as a separate item.
How do I package drug evidence? (5-18-19)
Drugs/Controlled Substances/Marijuana. Disposable high-risk nitrile gloves, not latex, shall be used when handling these substances. All controlled substances
(except marijuana) and all unknown substances shall be double bagged and sealed using heat seal polyester bags. These bags provide a vapor barrier and are resistant to solvents and other volatile chemicals (refer to Chapter 7, Safety, of this manual, for precautions when handling drugs/hazardous materials). Different types of drugs or controlled substances shall be packaged and weighed individually. In cases where there are multiples of similar substances, such as a dozen plastic
baggies with equal amounts of white crystalline substance in each, they can be packaged and weighed as one item. However, if there are any differences in color, characteristics, or packaging, then they should be packaged individually. There shall be no more than one item type/drug type per package. Blue sensitive item serialized evidence tape strips shall be used when sealing these packages. The
tape’s serial number shall be annotated in the evidence management software system for that item number. All drugs, controlled substances (including pills), and marijuana submitted as evidence or property shall be weighed both prior to and after packaging. Both weights shall be recorded in the evidence management software system. The unit of measurement for weight should be grams.
(1) The following definitions will be used when referencing weight:
(a) Item Weight. The item weight is the weight of the drug and its first container, or original packaging, as found (e.g., plastic bag, paper bindle, vial, prescription pill bottle). Items shall not be removed from their original packaging in order to obtain its weight. This was previously referred to as the net weight.
(b) Package Weight. The package weight is the weight of the drug and containers after they have been placed in heat sealed bags, evidence envelope, sealed with strapping and evidence tape, and a barcode label affixed. This was previously referred to as the gross weight.
Drugs with a street value of $_________ or greater shall not be stored in a temporary evidence locker or “pas through” locker. They must be placed directly into the evidence room immediately after packaging.
$ 10,000
List the six purposes a CH 36 form serves. (6-3)
Record, Receipt, Notice, Declaration, Affidavit, Report
How often does the Evidence Officer have to check the case status for misdemeanors and felony evidence? (9-4)
Misdemeanors/Infractions = 6 months Felonies = yearly MVARS = after one year
if the D.A. declines to file a case, how long after shall the evidence be disposed of?
In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of 90 days after the date of arrest. The court officer shall notify the evidence officer within two working days of cases the prosecutor has declined to file when there is evidence associated with that case.
If the suspect is unknown, can evidence be destroyed? (9-4)
In the event a suspect is not known, there is no reasonable chance a suspect will be identified, and no further investigation is being conducted, the evidence may be disposed of with the concurrence of the investigating officer and a supervisor.
How long is pending adjudication evidence held per the statute of limitations? (9-5)
(1) Offenses punishable by death or life imprisonment; or which involve the embezzlement of public money or falsification of public documents: hold indefinitely.
(2) Felony sexual offenses: hold for ten years.
(3) Offenses punishable by imprisonment for eight years or more: hold for six years.
(4) 368 PC felonies (except theft or embezzlement): hold for 5 years.
(5) Offenses punishable by imprisonment in state prison (all other felonies not covered above): hold for three years.
(6) Misdemeanors/infractions (except 647.6 PC and 729 B&P): hold for one year.
How long is evidence from a “Threshold incident” held? (9-5)
At least ten years, unless otherwise specified by the
Office of Internal Affairs (OIA), or the Risk Management Unit (RMU) within the Office of Legal Affairs (OLA). Incidents which involve criminal prosecution and
result in an incarceration shall be held for ten years or the length of incarceration (whichever is longer).
