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Sgts Study > 70.1 Evidence > Flashcards

70.1 Evidence Flashcards

1
Q

The objectives of law enforcement investigations are to (5):

A

(1) Determine if a crime has been committed, and if so, what crime.
(2) Identify and secure evidence of a crime.
(3) Identify the offender.
(4) Locate the offender.
(5) Apprehend the offender.

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2
Q

Unless directed otherwise by a supervisor, the:

will act as the custodian of evidence and assume security responsibilities.

A

primary investigating officer

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3
Q

T/F

Juveniles who are arrested must be advised of their rights regardless of questioning.

A

True

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4
Q

Audio recordings taken with a digital recording device or other device, where the possibility exists that the recording could have evidentiary value, (shall/should/may) be booked into evidence.

A

Shall

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5
Q

T/F

Evidence gathered during an administrative investigation shall be treated the same as evidence gathered during a criminal investigation.

A

True

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6
Q

The evidence shall be retained for a minimum of (#) years or the:

whichever is _______.

A

five

life of the investigative file

longer

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7
Q

In the investigation of any crime or accident, a Department employee _____ preserve all available evidence.

A

shall

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8
Q

Evidence is either ______ or _______________.

A

direct or circumstantial.

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9
Q

T/F

Both direct evidence and circumstantial evidence are acceptable as a means of proof, but direct is entitled to greater weight than the circumstantial.

A

False: Both direct evidence and circumstantial evidence are acceptable as a means of proof. Neither is entitled to any greater weight than the other.

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10
Q

There are three basic types of evidence:

A

Testimonial

Documentary

Physical

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11
Q

There are five basic criteria for the evaluation of physical evidence:

A

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. must be an unbroken chain of possession.
e. Integrity. Evidence must not be contaminated or mixed.

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12
Q

T/F

The drugs or other evidence should remain in the original packaging, be weighed, and then packaged in a departmentally approved manner.

A

True

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13
Q

Plastic bags shall not be used for packaging of (4):

A

blood stains, fingerprint evidence, living plant material, or other moist items;

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14
Q

T/F

The evidence officer shall have the “right of refusal” prior to taking custody of any evidence that is improperly packaged.

A

True

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15
Q

When the Department takes custody of a firearm, a receipt describing the firearm (shall/should/may) be issued to the person who possessed the firearm.

A

Shall

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16
Q

The receipt shall include the following (5):

A

a. The make and model of the firearm.
b. The serial number and other identification or markings on the firearm.
c. Where the firearm may be recovered.
d. Any applicable time limit for recovery.
e. The date after which the owner or possessor may recover the firearm pursuant to Section 33850 PC.

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17
Q

Serial numbers on firearms manufactured prior to the Gun Control Act of ____, may be located anywhere on the firearm.

T/F

Serial numbers may not exist on shotguns or .22 caliber rifles.

A

1968

True

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18
Q

Employees shall place all evidence and property in the evidence/property designated temporary locker prior to:

Employees shall not store evidence or property in:

Evidence/property shall be entered and received into AIS within:

A

the end of their work shift.

a personnel locker or any other location.

two business days of seizure.

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19
Q

Substances believed to contain phencyclidine, also known as PCP, (shall/should/may) be double bagged.

A

SHALL

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20
Q

All controlled substances and suspected controlled substances shall be weighed by the investigating officer to determine the ____ weight as found. (Do/Do not) remove the drug from the container in which it was found (e.g., paper bindle, vial, film canister, plastic bag).

A

net

Do not

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21
Q

All controlled substances and suspected controlled substances shall be weighed, after packaging, by the investigating officer to determine the _____ weight.

A

gross

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22
Q

With the exception of large quantities (over (#)), pills or capsules will be counted in lieu of weighing and packaged separately by type.

A

300

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23
Q

Drugs with a street value of _______ or greater (Areas may utilize departmental personnel assigned to local area drug task forces for clarification on drug street values), shall not be stored in an:

A

$10,000

evidence locker (including pass-through cabinets)

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24
Q

If a firearm cannot be unloaded, due to a mechanical defect, store that firearm _________ and the container (shall/should/may) be labeled “LOADED WEAPON.”

A

separately

Shall

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25
Q

T/F

The ammunition magazine shall not be unloaded for firearms being submitted for forensic testing.

A

True

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26
Q

Package ammunition:

using small envelopes.

A

separately from weapons

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27
Q

If an item is being retained for deoxyribonucleic acid, also known as DNA, evidence, the item should be stored:

A

frozen and not dried.

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28
Q

Money shall be counted by:
one of whom should be:
Money should be documented on a:

Money in excess of _______ seized as evidence or for safe keeping, shall not be stored in an evidence locker/cabinet (including pass-through cabinets).

A

two employees,

a supervisor.

CHP 308, Asset Forfeiture Financial Tally.

$1,000,

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29
Q

T/F

All other serialized items, except property held solely for safekeeping, are required to be entered into the APS by the evidence officer, and dispatch shall be requested to notify the reporting agency on stolen serialized items.

A

True

True

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30
Q

T/F

If an item will need to be fingerprinted, packaging in plastic is the preferred method.

A

False, packaging in plastic may destroy the prints.

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31
Q

If the item pertains to either a citizens’ complaint or an administrative investigation with the subject being a Departmental employee, this information shall be excluded from the CHP 36, and:

shall be written in the name box instead.

A

“Administrative-Hold for 5 years”

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32
Q

T/F

If ownership of property is questioned by the investigating officer, the investigating officer shall document, if not all, which property will require proof of ownership from a claimant.

A

True

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33
Q

The specific location of where properties were located shall be noted on the ____________ ________, and shall be noted on the:

A

investigation report

CHP 36.

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34
Q

The box just below the recipient signature shall be checked. Item(s) being released (shall/should/may) be photographed prior to release.

A

Shall

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35
Q

T/F

Whenever evidence is released to an officer for court, the officer shall provide a subpoena for the case. A copy of that subpoena shall be placed in the suspense file with the CHP 36.

A

True

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36
Q

The memorandum documenting a UTL evidence file shall be kept in the UTL file for (#) years from:

A

five

the date it was written

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37
Q

T/F

Since all evidence/property is required to be entered into AIS, the CHP 36B shall no longer be used unless AIS is temporarily inoperative.

A

True

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38
Q

When access is granted for booking employees to enter data into AIS, the property officer shall ensure the booking employee’s security module access for evidence is set to “Allow ____, Allow ______, Allow ______, Allow ______, _____ to their Data”

A

Read

Insert

Update

Delete

Limit

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39
Q

It shall also notify the owner that the property will be disposed of in ___ _____ if not claimed

A

60 days

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40
Q

Found property valued at less than $250 must be held for at least ___ _____ unless the owner comes forth and claims the property.

A

90 days

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41
Q

The CHP 36 forms and all other documents attached to it shall be retained for:

whichever is longer.

A

the life of the evidence, associated case, citation, investigation report, or other associated documents

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42
Q

Copies of the closed CHP 36 and attached documents should be saved electronically in AIS, then the originals can be __________.

If not maintaining electronically, the original documents shall be retained for the current year plus _____ years from the date the weapons were disposed.

A

Destroyed

four

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43
Q

If a person notifies the public agency that he or she is unable to retrieve the property within __ days, or have an authorized person retrieve the property, the public agency shall hold the property for not longer than:

A

60

10 additional months.

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44
Q

Property valued $250 or more and no owner appears and proves his or her ownership of the property within ___ days, the police department shall cause:

If, after ______ days following publication, no owner claims the property and the person who found or saved the property:

the title shall vest in the finder.

A

90

notice of the property to be published at least once in a newspaper of general circulation.

seven

pays the cost of the publication

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45
Q

After a drug test Nik-kit is used, employees (shall/should/may) utilize the acid neutralizer.

T/F

This process neutralized the chemicals within the self-contained drug kit, however, it still may not be disposed of in a trash receptacle.

A

Shall

False, Does neutralize the chemicals, and it may be disposed of in a trash receptacle.

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46
Q

T/F

Eating, drinking, or smoking shall not be allowed in the areas where controlled substances are stored or handled.

A

True

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47
Q

To comply with the requirement to enter all serialized property, all evidence officers (shall/should/may) receive “Full Access” California Law Enforcement Telecommunications Systems (CLETS) training prior to entering any information into the APS or AFS.

A

Should

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48
Q

Therefore, all firearms coming into the possession of the Department (shall/should/may) be entered into the Electronic Tracing System (eTrace).

A

Shall

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49
Q

In order to maintain the user account with ATF, all specified users shall log into, and log out of, the eTrace program, at a minimum, every:

A

30 days.

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50
Q

Firearms associated with a criminal act that come into the custody of the Department (shall/should/may) be entered into the NIBIN/IBIS unless any of the extenuating circumstances apply.

A

Shall

51
Q

If an Area is unable to enter a firearm into the NIBIN/IBIS system, a memorandum explaining the reason (shall/should/may) be prepared.

A

an Area is unable to enter a firearm into the NIBIN/IBIS system, a memorandum explaining the reason shall be prepared.

52
Q

(1) The case status on misdemeanor/infraction evidence shall be checked after:
(2) The case status on felony evidence shall be checked ___ ____ after booking and _____ _____ thereafter.

A

six months.

one year/every year

53
Q

The case status after ____ _____ for Mobile Video/Audio Recording System (MVARS) Digital Versatile Discs (DVD) per California Government Code Section 34090.6, which allows a routine video to be destroyed after:

A

one year

one year

54
Q

In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of ___ ____ after the date of arrest.

A

90 days

55
Q

The court officer shall notify the evidence officer within:

of cases the prosecutor has declined to file when there is evidence associated with that case.

A

two working days

56
Q

Adjudication records shall be forwarded to the evidence officer within:

of receipt by the court officer.

A

two working days

57
Q

T/F

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 one year after the date of occurrence.

A

False, may be disposed of with the concurrence of the investigating officer and a supervisor.

Infers immediate disposal

58
Q

Evidence concerning offenses punishable by death or life imprisonment; or which involve the embezzlement of public money or falsification of public documents shall be held:

A

hold indefinitely.

59
Q

Evidence of felony sexual offenses evidence shall be held:

A

hold for ten years.

60
Q

Evidence for offenses punishable by imprisonment for eight years or more shall be held:

A

hold for six years.

61
Q

Evidence concerning 368 PC (elder abuse) felonies (except theft or embezzlement)shall be held:

A

hold for 5 years.

62
Q

Evidence of Offenses punishable by imprisonment in state prison (all other felonies not covered above) shall be held:

A

hold for three years.

63
Q

Evidence of Misdemeanors/infractions (except 647.6 PC and 729 B&P) shall be held:

A

hold for one year.

64
Q

All evidence retained from threshold incidents as defined in General Order 100.86, Risk Management Response Protocol, (e.g., on-duty officer death, shooting, on-duty traffic collisions, conductive energy weapon deployments) and incidents which may result in litigation against the Department, shall be held at the Area for at least (time), unless otherwise specified

A

ten years

65
Q

Threshold Incident evidence which involve criminal prosecution and result in an incarceration shall be held for ____ _____ or the:

(whichever is longer).

A

ten years

length of incarceration

66
Q

T/F

Approval shall be obtained from OIA and OLA, Case Management Unit, prior to destruction of any evidence from a threshold incident.

A

True

67
Q

Multidisciplinary Accident Investigation Team (MAIT) evidence shall be retained for:

A

ten years

68
Q

Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:

(1) Felonies:
(2) Misdemeanors:
(3) Juvenile cases:

A

90 days.

60 days.

90 days.

69
Q

If at the end of the _____-year period the case is still pending appeal, a _____ _____ is required and should be sought for disposal of the evidence.

A

five

court order

70
Q

Any biological evidence used to convict any person of a crime shall be retained by the Area for:

A

the duration of the incarceration of an individual.

The evidence officer or their designee notifies the person who is incarcerated, any counsel of record, the public defender
And
If the evidence officer or their designee does not receive, within 90 days, a motion filed, or a request under the penalty of perjury that the evidence not be disposed and a motion will be filed, within 180 days.

71
Q

The property to be returned upon adjudication, shall be held an additional ___ ______ to allow the person from whom the property was taken time to respond.

A

15 days

72
Q

Unclaimed evidence of little or no monetary value, nuisance weapons, firearms, contraband, evidence used in the commission of a crime, and controlled substances (shall/should/may) be destroyed, unless the item was approved for departmental use.

A

Shall

73
Q

Blood and urine samples are required to be retained for a period of ___ ____ to allow the defendant an opportunity to have their own test conducted.

T/F
Early adjudication of the case relieves the Department of the legal requirement of the required retention period.

A

one year

False, DOES NOT relieve the Department of the legal requirement of the one year retention period.

74
Q

Cases involving the issuance of a warrant shall be retained until the case is _________ and the time period for _______ has expired.

A

adjudicated

appeals

75
Q

Unclaimed property where the owner is not known or there is no known party with proper interest shall be purged at ___-_____ intervals.

A

90-day

76
Q

All Firearms must be held locally for

A

180 days

77
Q

Employees (shall/should/may) not promise or imply that evidence in a criminal case will be preserved or retained for any other purpose such as future civil action.

A

Shall

78
Q

T/F

A court order of return is required for the release of all marijuana stored as property.

A

False, is not needed

79
Q

T/F

A court order of return is needed for the release of marijuana stored as evidence.

A

True

80
Q

T/F

If controlled substances and/or paraphernalia were obtained in connection with a search warrant, a separate court order for each case must be obtained for disposal

A

True

81
Q

T/F

All shipments will be escorted by two employees to ensure accountability. At least one of the employees shall be an officer.

A

True

82
Q

An Area __________ __________ will witness the destruction with the evidence coordinator. Both will sign all pages of the original copy of the CHP 37, to show all items were received and burned.

A

evidence supervisor

83
Q

The lawful owner must contact the Area within ___ days of obtaining the DOJ application. If the owner fails to notify the Area, a written notice shall be mailed, notifying the lawful owner of the Department’s intent to destroy the firearm. The notice shall also advise the owner of the requirement to contact the Area within ___ days.

A

60

30

84
Q

T/F

the LEGR application fee is required to be waived by DOJ if the individual had reported the firearm stolen.

A

True

85
Q

T/F

The evidence officer shall not run a criminal history check on the individual who is seeking the release of a firearm, as it is a misuse of CLETS.

A

False, the evidence officer shall ensure a criminal history check is performed on the individual who is seeking the release of the firearm.

86
Q

A person taken into custody pursuant to Section 5150 of the Welfare & Institutions (W&I) Code shall not own, possess, control, receive, or purchase any firearm for a period of _____ ______ after being released from the facility.

A

five years

87
Q

Additionally, upon release of the person from the 5150 hold, the Department has ___ _____ to file a petition for a hearing to determine whether the return of a firearm would be likely to result in endangering the person or others

A

30 days

88
Q

The Department fails to initiate the proceedings within the prescribed period, the firearm shall be:

If the person does not respond within ___ _____ of the notice and the firearm has been in the possession of the Department for at least ___ _____, a petition for order of default shall be filed.

A

made available for return.

30 days

180 days

89
Q

The court ordered release of a weapon may be appealed, and the Department has ____ _____ to appeal the court order.

A

ten days

90
Q

All documents relating to the disposal of firearms and/or other weapons such as court or prosecution reports shall be attached to the original CHP 36 and retained by the command for the current year plus ____ _____ from the date the firearms and/or weapons were:

A

four years

shipped to the Academy WCU.

91
Q

All firearms for destruction shall be ____ _______ to the Academy WCU during the months of:

A

hand carried

March, June, September, and December

92
Q

T/F

An inventory shall include no less than 75 percent of the items in the property system.

A

False, An inventory shall include 100 percent of the items in the property system.

93
Q

The property supervisor shall conduct _________ inspections of the property system following the procedures outlined in this chapter.

A

quarterly

94
Q

A _________ sample of property sufficient to validate the integrity of the system shall be verified. At least ___ percent of items or property numbers, with a minimum of ___ items or property numbers, from activities that occurred within the property system from the date of the last inspection to current, shall be inspected.

A

Random

10

ten

95
Q

If discrepancies are revealed then:

If further discrepancies are revealed then:

A

an additional 10 percent of the items, or at least ten additional items, shall be inspected.

the entire property system shall be inspected to ensure compliance with policy and legal statutes.

96
Q

The properties will be subcategorized into ____ areas. ___ percent of each category will be inspected. If less than ___ items exist within each category, ____ percent of the items will be inspected. The categories are as follows:

A

four
Ten
ten
100

(a) Drugs – 10 percent by item number.
(b) Firearms – 10 percent by item number.
(c) Money – 10 percent by item number.
(d) Other – 10 percent by property number

97
Q

Evidence inspection memorandums shall be filed at the Area office and retained for ____ _____ from the date of the inspection.

A

two years

98
Q

T/F

An annual inventory of MVARS digital versatile discs (DVD) will not be required due to the high volume of DVDs.

A

True

99
Q

Property supervisors shall document the inventory on a memorandum to the Area. The memorandum shall address the inventory method, results, additional areas inspected, and any follow-up or corrective action taken. The ___ most recent inventories will be retained on file at the Area.

A

two

100
Q

Completion of the Department’s Property Management Training Course within ____ _____ of assuming the property officer position.

A

one year

101
Q

Properties shall not be left in temporary lockers more than ____ _____, excluding:

A

one day

weekends and holidays.

102
Q

Permission from a supervisor or officer-in-charge (OIC) (shall/should/may) be obtained prior to impounding a vehicle pursuant to Section 22655.5 CVC.

A

Shall

103
Q

In order to avoid jeopardizing cases and to ensure the county is advised of vehicular evidence seizures, the evidence officer shall provide notification to the local district or city attorney within ___ ______ of vehicle impoundment for Section 22655.5 CVC, not including:

A

72 hours

Saturdays, Sundays, or holidays.

104
Q

T/F

A vehicle impounded for the purpose of searching for evidentiary item as the result of a motor vehicle collision may generally be released without violating the defendant’s right to due process.

A

True

105
Q

A significant event defined in MVARS policy is:

A

any important, meaningful, or momentous event.

106
Q

Entries into the Area Information System (AIS) shall be made for all MVARS discs.

A

False, shall not be, as AIS may not be able to support the volume of entries required for the MVARS system.

107
Q

T/F

Only coordinators, supervisors, or managers shall retrieve the MVARS DVDs from the temporary evidence locker.

A

True

108
Q

The request for a copy of an MVARS disc in a civil trial where the Department is a party should be forwarded to OLA within:

A

one working day.

109
Q

For civil cases not involving the Department or a departmental employee, a copy of the event may only be released through (3):

A

a Subpoena Duces Tecum,

an Information Practices Act (IPA) request, or

a PRA request.

110
Q

T/F

If any private third-party information or officer safety issues are present, a subpoena will be required.

A

True

111
Q

T/F

An annual or a change of command inventory of MVARS DVDs shall be required.

A

False, will not be required due to the high volume of DVDs. However, a 100 percent inventory shall be completed if a reasonable amount of discrepancies are revealed during the quarterly inspection, or the commander deems it necessary.

112
Q

T/F

The evidence supervisor shall conduct a quarterly inspection of the MVARS DVDs.

A

True, same guidelines for evidence audits, rule of 10s

113
Q

All MVARS DVDs used for administrative purposes shall be retained for:

A

five years.

114
Q

T/F

The CHP 36Ds and corresponding documents, such as CHP 36Fs, CHP 36Ms, shall be retained for the life of the DVD, associated cases, or citation/report, whichever is longer.

A

True

115
Q

MVARS Footage of a Consent Search not resulting in the completion of a CHP 216/202 shall be retained:

A

Three years

116
Q

MVARS Footage of an incident generating a CHP 268 or STD.270 shall be retained:

A

Minimum one year (Refer to Risk STD.270 Management Unit (RMU) prior to release/purge)

117
Q

MVARS Footage of a traffic collision shall be kept:

A

Forty eight months, or the life of the collision report, which ever is longer

118
Q

MVARS footage of a threshold incidents as defined by GO 100.86 shall be kept:

A

Minimum ten years (Refer to RMU prior to release/purge)

119
Q

MVARS footage of all misdemeanor/felony arrests shall be kept:

A

Minimum one year or until adjudicated, which ever is longer

120
Q

MVARS footage of Administrative Investigations/ Citizens’ Complaints shall be kept:

A

Minimum five years (Refer to Office of Legal Affairs and Office of Internal Affairs prior to release/purge)

121
Q

MVARS footage of Shooting Incident Reconstruction and Policy/Procedures Evaluation Reports shall be kept:

A

Ten years

122
Q

MVARS footage of related to a Multidisciplinary Accident Investigation Team Report shall be kept:

A

Ten years

123
Q

MVARS footage of an employee exposed to hazardous substance shall be kept:

A

Thirty years

124
Q

MVARS footage of footage of unsolved felony fatal hit-and-run shall be kept:

A

Indefinite

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