70.1 Evidence Manual

Question 1

Probably the most important phase of the investigation of any criminal offense is the proper protection of the ___ so that all evidence is preserved in its original state.

Answer 1

Crime Scene

Question 2

If outdoors or large interiors are involved, the scene should initially be identified as ___ from the center of the scene to the farthest known piece of evidence.

Answer 2

Twice the distance

Question 3

It is not necessary to retain field notes if all of the following conditions are met: (except)

a. They are incorporated into a formal report.
b. The notes are copied (Xerox or PDF) in original condition.
c. The formal report accurately reflects the contents of the notes.
d. The prosecutor turns over a copy of the formal report to the defense counsel before trial.

Answer 3

B.

Question 4

Audio-recorded interviews and interrogations differ from handwritten field notes. _______ requires all recordings to be preserved for trial.

Answer 4

Case law

Question 5

It is crucial to the investigation that nothing be disturbed before the scene can be _____________ and ____________ in its condition as found. If items have already been removed prior to this point, do not attempt to replace the items; instead, document who removed the evidence and for what reason.

Answer 5

Photographed and sketched

Question 6

Video of a scene, if possible, ____________ be taken as a supplement to photographs

Answer 6

Should

Question 7

Large quantities of controlled substances (in excess of ten pounds)______ be destroyed without a court order pursuant to Health and Safety Code (H&S) Section 11479.

Answer 7

may

Question 8

All weapons ______ be unloaded and made safe prior to transport, being careful not to destroy potential evidence such as fingerprints, blood, or deoxyribonucleic acid (DNA). Once removed from a loaded firearm, the chambered round of ammunition should be carefully placed in a small envelope separate from any other ammunition. Ammunition located in a magazine should remain in the magazine when forensic testing of the firearm is needed.

Answer 8

Shall

Question 9

Pursuant to Section 33800 of the Penal Code (PC), when the Department takes custody of a firearm, a receipt describing the firearm shall be issued to the person who possessed the firearm. The receipt is the yellow copy of the CHP 36. The receipt shall include which of the following:

(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.
(f) All of the above

Answer 9

All of the above

Question 10

True or False

For computer evidence, if the computer is on and something is displayed on the monitor, photograph the screen. If the computer is on and the screen is blank, move the mouse or press the space bar. This will display the active image on the screen. Photograph the screen. If a laptop computer is collected, disconnect the power supply followed by removal of the battery. Unplug the power cord from the back of the computer. If the computer is a laptop and does not shutdown when the power cord is removed, locate and remove the battery. If the battery is removed, do not return it to the battery compartment. If the laptop computer battery cannot be removed (Apple
MacBooks, etc.), shut down the computer as normal.

Answer 10

True

Question 11

For PDAs, cellular telephones, tablets, and other mobile devices, if the
device is on, ______ so that it cannot be remotely accessed.

Answer 11

Leave it on

Powering down the device could enable a password thus preventing access to evidence.

Question 12

All items submitted for storage______ be packaged in the same manner regardless of the reason for the item’s storage (property and evidence).

Answer 12

Shall

Question 13

Employees shall place all evidence and property in the designated evidence/property temporary storage lockers prior to the ___ ___ ___

Answer 13

End of shift

Question 14

Employees ___ not store evidence or property in a personal locker or any other location.

Answer 14

Shall

Question 15

True or False

All packaged items shall have the following handwritten information on the package:

(a) Evidence number.
(b) Initials, badge number of booking officer, and booking date across the evidence tape seal being sure the information overlaps both the evidence tape and the package.

Answer 15

True

Question 16

The blue sensitive item serialized evidence tape strips ___ also be used for items of value such as jewelry.

Answer 16

May

Question 17

All packaged items ___ have a barcode label placed on the package.

Answer 17

Shall

Question 18

Submitted items that do not meet the requirements set forth in this manual ______ be refused by the evidence officer and returned to the booking officer for correction. When an item needs to be returned, the booking officer and their supervisor______ be sent an e-mail with clear instructions on how to remedy any deficiencies.

Answer 18

should/shall

Question 19

No package ___ be opened in order to verify contents during any audit, inventory, or command inspection.

Answer 19

Shall

Question 20

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 21 years of age, alcoholic beverages ______ not be seized and retained.

Answer 20

Should

Question 21

Traffic crash photographs where an infraction is the most serious allegation charged ______ not be booked into evidence. These photographs should be stored along with the other non-evidentiary digital media maintained by the Area’s image coordinator

Answer 21

Shall

Question 22

All controlled substances (except marijuana) and all unknown substances ___ be double bagged and sealed using heat seal polyester bags.

Answer 22

Shall

Question 23

Evidence officers _____ verify the accuracy of the recorded weight before receiving the item. Any discrepancy shall cause the item to be returned to the booking officer for correction.

Answer 23

Shall

Question 24

Marijuana ___ be completely dry before packaging and shall be packaged in paper envelopes or bags.

Answer 24

Must

Question 25

Officers ___ dry wet marijuana in a dryer prior to packaging.

Answer 25

Should

Question 26

Pills______ be weighed and not counted.

Answer 26

shall

Question 27

Drugs with a street value of ______ or greater shall not be stored in a temporary evidence locker (including pass-through cabinets). They shall be secured inside the evidence room immediately after packaging.

Answer 27

$10k

Question 28

Any package that appears to have been opened or tampered with, after laboratory analysis, shall be returned to the laboratory to be analyzed again. The evidence supervisor shall be notified ___.

Answer 28

Immediately

Question 29

All firearms shall be submitted in an appropriately sized gun box; one firearm per box. Do not seal the box. Evidence officers will need to verify information on the firearm for entry into the Automated Firearms System (AFS). __________ will secure the firearm to the box using nylon cable ties after verifying the necessary information.

Answer 29

Evidence officers

Question 30

Flammables ___ be stored outside the office in a properly ventilated bulk evidence room within a locked cabinet designed for the storage of flammables, if so equipped. Explosives ___ never be stored in an Area office.

Answer 30

Shall/Shall

Question 31

Money shall be counted by ___ employees regardless of amount, one of whom ___ be a supervisor.

Answer 31

Two/should

Question 32

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

Answer 32

$1,000

Question 33

Officers______ not remove the contents from a syringe.

Answer 33

shall

Question 34

What are the six purposes of a CHP 36?

Answer 34

``` Record Receipt Notice Declaration Affidavit Report ```

Question 35

Department employees who find property during the course of employment______ complete a CHP 36. Civil Code Section 2080.3 ______ a departmental employee to make a finder's claim to such property, if the property was found in the course of employment.

Answer 35

shall/prohibits

Question 36

The CHP 36 forms and all other documents attached to it shall be retained for the life of the evidence plus ___.

Answer 36

5 years

Question 37

Departmental personnel _________ perform presumptive field tests solely to confirm the identification of suspected narcotics. Rather, the suspected narcotic shall be packaged according to policy and sent to the appropriate lab for identification in accordance with an Area’s SOP.

Answer 37

Shall not

Question 38

Penal Code Section 11108.2(a) requires all firearms that come into the possession of the Department, are reported lost or stolen, or are under observation be entered into the Automated Firearms System (AFS) within _______ calendar days after being notified of the precipitating event.

Answer 38

7

Question 39

All firearms and conductive energy weapons whether found, seized as evidence, or held for safekeeping, coming into the possession of the Department ______ be entered into the AFS.

Answer 39

Shall

Question 40

Unclaimed evidence or property of little or no monetary value, nuisance weapons, firearms, contraband, evidence used in the commission of a crime, and controlled substances______ be destroyed, unless the item was approved for departmental use.

Answer 40

shall

Question 41

The ___ should routinely check and document the status of cases and work closely with the courts and court officer to prevent the premature disposal of evidence.

Answer 41

Evidence Officer

Question 42

Purging of evidence is a frequent, ongoing process. Evidence officers should purge evidence on a ___ basis. Daily purging is advisable in offices with a significant volume of evidence.

Answer 42

Weekly

Question 43

The case status on misdemeanor/infraction evidence shall be checked after ___.

Answer 43

6 months

Question 44

The case status on felony evidence shall be checked ___ after booking and every year thereafter.

Answer 44

1 year

Question 45

If the appropriate prosecutor declines to file a case with associated evidence, the court officer shall alert the evidence officer within _____ working days of receiving such notification. Prior to purging any associated items to the case, the evidence officer shall communicate with the investigating officer to ensure that further investigation will not be conducted in order to refile the case. The evidence may be disposed of after receiving notification the case has been rejected and confirming with the investigating officer no further action will be taken on the case.

Answer 45

2

Question 46

Evidence of offenses punishable by death or life imprisonment without the possibility of parole; or, offenses involving the embezzlement of public money or falsification of public documents: hold ___.

Answer 46

Indefinitely

Question 47

Evidence of offenses punishable by imprisonment for eight years or more: hold for ___ years.

Answer 47

6 years After the commission of the offense

Question 48

Adjudicated case evidence must continue to be held until the period for appeals has expired as follows: Felonies: ____ days Misdemeanors: ____ days Juvenile cases: ____ days

Answer 48

90 60 90

Question 49

Evidence used in administrative proceedings______ be retained until the proceedings have been completed and the period for appeals has expired.

Answer 49

will

Question 50

For found items, if the value of the property is less than $___ and, after 90 days no one has claimed ownership, it may be given to the finder.

Answer 50

$250

Question 51

If the value is more than $___, and no one has claimed the property after 90 days, the evidence officer will place a notice describing the property in a local newspaper of general circulation for one day. If it is still unclaimed after seven days, it shall be given to the finder after payment for the advertising cost is paid.

Answer 51

$250

Question 52

A ___ of return is needed for the release of cannabis and concentrated cannabis booked as evidence with criminal charges specifically associated with the item(s).

Answer 52

Court order

Question 53

A ______ is required for the destruction of controlled substances, including items not used as evidence (Sections 11473 and 11473.5 HSC). If the controlled substance and/or any other items for the case were obtained in connection with a court order, a separate warrant for disposal for each case must be obtained for disposal (Section 1536 PC).

Answer 53

Court order

Question 54

Division coordinators ________ notify OIA via e-mail, CHPEvidenceHQ@chp.ca.gov, when an appointment for a drug burn has been arranged.

Answer 54

Shall

Question 55

Controlled substances being transported from Areas to a collection point at Division shall be transported by at least ______ individuals, with at least one being an armed officer. The evidence officer shall be one of the transporting individuals.

Answer 55

Two

Question 56

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 ___ year(s) after being released from the facility (refer to Section 8103 W&I).

Answer 56

5 years

Question 57

True or False: Areas and Divisions are strongly encouraged not to release a firearm and its ammunition on the same day as this may create an officer safety issue.

Answer 57

True

Question 58

Weapons seized pursuant to Section 18250 PC, domestic violence incidents, shall be held at least ___ hours pursuant to Section 18265 PC.

Answer 58

48

Question 59

Division Investigative Services Units (ISU)______ use temporary storage lockers for maintaining documentary property during an investigation.

Answer 59

may

Question 60

During an evidence inspection, a random 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.

Answer 60

10%, 10 items

Question 61

If, during an evidence inspection, discrepancies are revealed, an additional 10 percent of the items, or at least ten additional items,______ be inspected.

Answer 61

shall

Question 62

Property supervisors shall document inspections on a ___ to the Area.

Answer 62

Memorandum

Question 63

The Area commander or designee shall conduct at least ___ unscheduled (unannounced) inspection of the property room per calendar year. The commander or designee shall enter the property room and inspect for cleanliness, security, and order. At least ___ property receipts shall be traced to assure they are accounted for and properly documented.

Answer 63

1, 10

Question 64

Inventories shall be conducted ___ to ensure the integrity of the system and shall include all items which have been bar coded.

Answer 64

Annually

Question 65

An inventory ___ be conducted upon change of command, change of property officers, and any time there is doubt as to the integrity of the system.

Answer 65

Shall

Question 66

Inventories conducted upon a change of property officer should be conducted by the former property officer, the new property officer, and the _______.

Answer 66

Property Supervisor

Question 67

A security log______ be maintained in the property room. The log ______ document all entry into the property room by any person other than the primary property officer.

Answer 67

shall/shall

Question 68

True or False The number of key(s) to the property room shall be limited to the number of primary property officers assigned to the command plus the commander's emergency access

Answer 68

True

Question 69

There shall be a maximum of ___ set(s) for the temporary storage lockers and/or other storage unit(s).

Answer 69

Two

Question 70

The spare evidence room keys, along with the commander’s property room access key,______ be placed in an envelope and stored in a secure location for use in an emergency.

Answer 70

shall

Question 71

The primary property officer______ place and seal the spare keys in an envelope with evidence tape. The primary property officer ______ date, initial, and write their identification number on the seal. Use of the spare keys ______ be restricted to the commander or commander’s designee.

Answer 71

shall/shall/shall

Question 72

In addition to conducting a 100 percent inventory, whenever a change of property officer occurs, the locks to the property room ______ be changed and/or the biometric access ______ be updated immediately. If changed, this shall be documented on a memorandum to the Area and a copy placed in the inspection file.

Answer 72

Shall/shall

Question 73

The Property Officer ______ have at least one year of field patrol experience

Answer 73

Shall

Question 74

The property officer ______ not be an active field officer or investigator involved in collecting evidence in the field.

Answer 74

Should

Question 75

Property rooms ______ not have windows. Rooms with preexisting windows should be painted black.

Answer 75

Shall. Rooms with preexisting windows shall be constructed or modified to prevent entry, or have the window completely removed. Windows shall be covered to prevent external viewing of inventory stored within the room.

Question 76

The property room______ not be used for the storage of items that personnel, other than the property officer, need to access. The property room should not be a room that repair personnel would normally need to access.

Answer 76

shall

Question 77

Properties shall not be left in temporary lockers more than ___ day, excluding weekends and holidays.

Answer 77

1 day

Question 78

The property room ___ not be identified as such by external signs or markings

Answer 78

Should

Question 79

Guns______ be stored separately from other property

Answer 79

should

Question 80

Pursuant to Section 22655.5 CVC, a vehicle may be seized from a highway, or from public or private property, when there is ______ ______ to believe the vehicle was used to commit a public offense; or an officer has ______ ______ to believe the vehicle itself is evidence indicating that a crime has been committed; or the vehicle contains evidence which cannot readily be removed which indicates that a crime has been committed.

Answer 80

Probable cause

Question 81

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

Answer 81

Shall

Question 82

The supervisor or OIC ______ ensure the Area’s contract evidence tow is used.

Answer 82

Shall

Question 83

An officer ______ accompany the evidence tow operator to the storage facility to ensure the continuity of evidence.

Answer 83

Shall

Question 84

May the evidence officer be appointed as the MVARS coordinator?

Answer 84

Yes

Question 85

May a non-uniformed employee be a back-up MVARS coordinator?

Answer 85

No

Question 86

For a resident Post or K-9 Unit, an MVARS DVD containing a significant event shall be submitted to the assigned Area office ___.

Answer 86

As soon as possible

Question 87

Authorized employees requiring copies of MVARS DVDs shall complete a CHP 36F and submit the form to the ______ for approval.

Answer 87

Supervisor

Question 88

A copy of an MVARS DVD______ be released to the defendant if the copy provided does not contain any private third-party information or officer safety issues.

Answer 88

may

Question 89

Inventories of the property system shall be conducted ____ to ensure the integrity of the system. Inspections shall be conducted _____ A. Monthly, quarterly B. Quarterly, monthly C. Quarterly, annually D. Annually, quarterly

Answer 89

D. Annually, quarterly

Question 90

The property supervisor shall conduct a ____ audit of the property system. A. Weekly B. Monthly C. Quarterly D. Annual

Answer 90

C. Quarterly