70.1 Evidence Manual Flashcards
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.
Crime Scene
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.
Twice the distance
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.
B.
Audio-recorded interviews and interrogations differ from handwritten field notes. _______ requires all recordings to be preserved for trial.
Case law
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.
Photographed and sketched
Video of a scene, if possible, ____________ be taken as a supplement to photographs
Should
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.
may
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.
Shall
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
All of the above
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.
True
For PDAs, cellular telephones, tablets, and other mobile devices, if the
device is on, ______ so that it cannot be remotely accessed.
Leave it on
Powering down the device could enable a password thus preventing access to evidence.
All items submitted for storage______ be packaged in the same manner regardless of the reason for the item’s storage (property and evidence).
Shall
Employees shall place all evidence and property in the designated evidence/property temporary storage lockers prior to the ___ ___ ___
End of shift
Employees ___ not store evidence or property in a personal locker or any other location.
Shall
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.
True
The blue sensitive item serialized evidence tape strips ___ also be used for items of value such as jewelry.
May
All packaged items ___ have a barcode label placed on the package.
Shall
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.
should/shall
No package ___ be opened in order to verify contents during any audit, inventory, or command inspection.
Shall
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.
Should
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
Shall
All controlled substances (except marijuana) and all unknown substances ___ be double bagged and sealed using heat seal polyester bags.
Shall
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.
Shall
Marijuana ___ be completely dry before packaging and shall be packaged in paper envelopes or bags.
Must
Officers ___ dry wet marijuana in a dryer prior to packaging.
Should
Pills______ be weighed and not counted.
shall
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.
$10k
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 ___.
Immediately
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.
Evidence officers
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.
Shall/Shall
Money shall be counted by ___ employees regardless of amount, one of whom ___ be a supervisor.
Two/should
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).
$1,000
Officers______ not remove the contents from a syringe.
shall
What are the six purposes of a CHP 36?
Record Receipt Notice Declaration Affidavit Report
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.
shall/prohibits
The CHP 36 forms and all other documents attached to it shall be retained for the life of the evidence plus ___.
5 years
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.
Shall not
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.
7
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.
Shall
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.
shall
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.
Evidence Officer
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.
Weekly
The case status on misdemeanor/infraction evidence shall be checked after ___.
6 months
The case status on felony evidence shall be checked ___ after booking and every year thereafter.
1 year
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.
2
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 ___.
Indefinitely
Evidence of offenses punishable by imprisonment for eight years or more: hold for ___ years.
6 years
After the commission of the offense
Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:
Felonies: ____ days
Misdemeanors: ____ days
Juvenile cases: ____ days
90
60
90
Evidence used in administrative proceedings______ be retained until the proceedings have been completed and the period for appeals has expired.
will
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.
$250
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.
$250
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).
Court order
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).
Court order
Division coordinators ________ notify OIA via e-mail, CHPEvidenceHQ@chp.ca.gov, when an appointment for a drug burn has been arranged.
Shall
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.
Two
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).
5 years
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.
True
Weapons seized pursuant to Section 18250 PC, domestic violence incidents, shall be held at least ___ hours pursuant to Section 18265 PC.
48
Division Investigative Services Units (ISU)______ use temporary storage lockers for maintaining documentary property during an investigation.
may
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.
10%, 10 items
If, during an evidence inspection, discrepancies are revealed, an additional 10 percent of the items, or at least ten additional items,______ be inspected.
shall
Property supervisors shall document inspections on a ___ to the Area.
Memorandum
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.
1, 10
Inventories shall be conducted ___ to ensure the integrity of the system and shall include all items which have been bar coded.
Annually
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.
Shall
Inventories conducted upon a change of property officer should be conducted by the former property officer, the new property officer, and the _______.
Property Supervisor
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.
shall/shall
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
True
There shall be a maximum of ___ set(s) for the temporary storage lockers and/or other storage unit(s).
Two
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.
shall
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.
shall/shall/shall
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.
Shall/shall
The Property Officer ______ have at least one year of field patrol experience
Shall
The property officer ______ not be an active field officer or investigator involved in collecting evidence in the field.
Should
Property rooms ______ not have windows. Rooms with preexisting windows should be painted black.
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.
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.
shall
Properties shall not be left in temporary lockers more than ___ day, excluding weekends and holidays.
1 day
The property room ___ not be identified as such by external signs or markings
Should
Guns______ be stored separately from other property
should
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.
Probable cause
Permission from a supervisor or officer-in-charge (OIC) ______ be obtained prior to impounding a vehicle pursuant to Section 22655.5 CVC.
Shall
The supervisor or OIC ______ ensure the Area’s contract evidence tow is used.
Shall
An officer ______ accompany the evidence tow operator to the storage facility to ensure the continuity of evidence.
Shall
May the evidence officer be appointed as the MVARS coordinator?
Yes
May a non-uniformed employee be a back-up MVARS coordinator?
No
For a resident Post or K-9 Unit, an MVARS DVD containing a significant event shall be submitted to the assigned Area office ___.
As soon as possible
Authorized employees requiring copies of MVARS DVDs shall complete a CHP 36F and submit the form to the ______ for approval.
Supervisor
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.
may
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
D. Annually, quarterly
The property supervisor shall conduct a ____ audit of the property system.
A. Weekly
B. Monthly
C. Quarterly
D. Annual
C. Quarterly
