Chapter 19- Impounded Property

Question 1

A __ is utilized to accurately document by signature each change of custody. Each succeeding person having custody of impounded property shall affix his/her signature to the Property Receipt, concurrent with the change of custody.

Answer 1

Property Receipt

Question 2

All impounded firearms shall be accompanied by a machine copy of the OIR which will be attached to and submitted with the Property Receipt. The OIR shall detail circumstances surrounding the taking of the firearm to facilitate evaluation by PES personnel of an owner’s request for return of the firearm. The OIR must state whether or not the impounding officer observed a ____.

Answer 2

“breach of peace.”

*The impounding officer will state in the narrative portion of the OIR “A breach of the peace occurred” or “A breach of the peace did not occur.”

Question 3

True or False?
Investigators shall not release wills or other written documents that express desire or commands of the deceased. These items shall be impounded for safekeeping and placed in PES for proper disposition

Answer 3

True

Question 4

Monies and negotiable items impounded as evidence, not exceeding a total value of $___ may be forwarded via PES district couriers. Items that exceed this value should be delivered to PES by the impounding officer.

Answer 4

$5,000

*The concerned officer shall always count the monies in the presence of a witness.
*A minimum of two counts will be conducted.

Question 5

Perishables, Oversized, and Large Quantity or Bulk Property: The impounding officer is responsible for obtaining appropriate transportation for the property and will immediately contact PES to request the appropriate storage instructions. This request will include the name of a __ or higher ranking supervisor in the impounding officer’s chain-of-command who has approved the need for the storage of the concerned property. In addition, the concerned __ or higher ranking supervisor will, within ___ hours, forward a memorandum to the CSEB Major.

Answer 5

lieutenant & 72

Question 6

Contaminated wet evidence is not allowed inside the Headquarters Complex and will remain secured in the vehicle until the impounding the lobby control desk in exchange for a card/key, to access the Evidence Drying Room. No property will be left in the Evidence Drying Room more than __ hours. Any anticipated request for time extensions shall be requested by memorandum and forwarded via channels to the FSD Chief.

Answer 6

72

*Only Homicide or Special Victims Bureau (SVB) officers have the option of impounding contaminated evidence at the Medical Examiner or using the Headquarters Evidence Drying Room.

Question 7

Impounding Projectile Evidence from Hospital Staff: Info: Officers dispatched to investigate an incident involving an individual with a gunshot wound must inquire if any projectiles or bullet fragments have been removed from the victim. If so, the officer should request that this evidence be released to law enforcement, and proceed to impound the property. In cases where the evidence has not been collected by hospital staff, and time restraints make it impossible for the uniform unit to remain on the scene, the uniform officer must contact an investigator from the appropriate element (e.g., Homicide, Robbery, GIU, etc.) to respond to the hospital for the purpose of impounding the property. When projectiles or bullet fragments are not retrievable or do not exist, officers should document such facts in their OIR.

Answer 7

info

***Failure from hospital employee to report this to police is a 1st degree misdemeanor.

Question 8

When a homicide or special investigation necessitates that a loaded firearm be submitted for examination, the weapon will be handled and transported only by __ personnel. Weapons will not be disassembled unless exigent circumstances dictate otherwise. The concerned investigative unit will be consulted prior to this action to ensure the evidentiary process is not hampered.

Answer 8

CSEB

*If an impounded firearm cannot be unloaded due to a mechanical malfunction, the firearm will be transported directly to the Ordnance Technician, or the Crime Laboratory, Forensic Identification Section for unloading.

Question 9

Recovered Property:
Lost/Abandoned Property with no owner information valued at $___ or less is posted on the lost/abandoned board in the Central Records Bureau and a copy attached to each receipt. Lost/Abandoned Property with no owner information valued over $100 is advertised in The Daily Business Review for a ___ week printing in that publication.

Answer 9

$100 & two-week

Question 10

Storage:
Property or evidence will be delivered to the appropriate repository for storage or processing, i.e., Station Property Officer, Crime Laboratory, PES, not later than conclusion of the impounding officer’s tour of duty. Exceptions may be authorized by written approval of a __ or higher authority in the impounding officer’s chain-of-command. Such written approval will be attached to the original copy of the Property Receipt and delivered to PES, along with the property, within __ hours of impoundment.

Answer 10

lieutenant & 24

Question 11

When a departmentally-issued firearm is impounded for evidence, a case report must be prepared. The impounding officer will prepare a transmittal memorandum and forward a copy of the case report via chain-of-command to the Miami-Dade County Public Safety Training Institute & Research Center within __ hours of impoundment. The documents must include the case number and a description of the firearm; i.e., make, model, barrel length, and serial number

Answer 11

24

*Under no circumstances will any employee transport loaded firearms, explosives, volatile liquids, or other hazardous materials to the PES.

Question 12

Authorization to Remove Property:
When specifically required for activities in furtherance of an active case investigation, the impounding officer, assigned investigator, or their respective supervisor (____ or higher), is authorized to sign for, and remove property from PES. Property may only be removed to be utilized for official transactions.

Answer 12

lieutenant

Question 13

PES will maintain a trace file on evidence signed out for investigative purposes. When evidence is __ calendar days overdue for return, PES will initiate a memorandum to the concerned investigator’s district/bureau commander indicating the case number, nature of the property removed, date it was due to be returned, and name of the officer signing the property out.

Answer 13

seven

Question 14

The Property Operations Lieutenant will designate a Property Operations Section Sergeant to check the “Hold for -Investigation” file on a daily basis. When a Property Receipt has been in the “Hold for Investigation” file more than ___ calendar days, past the return date, the memorandum entitled “Unreturned Property” is completed and forwarded to the officer’s commander, via chain of command.

Answer 14

seven

Question 15

Property Required for Court:
If the employee has only a standby subpoena or no notice, the PES will accept copies of the Mandatory Appearance Notice via facsimile from the State Attorney’s Office. Except when admitted as court evidence, property removed for court purposes will be returned to PES within __ hours.

Answer 15

24

Question 16

Departmental personnel seizing computers or other digital evidence for forensic examination will submit the seized items directly to the SIHTC Bureau within __ hours. Until such items are submitted to the laboratory, proper chain-of-custody protocols must be adhered to. Cases involving the examination of computers and other digital evidence seized under the authority of a search warrant must be submitted to the SIHTC Bureau within __ hours of seizure. Evidence submitted after the __ hour limitation must be accompanied with a memorandum from a ___ or higher explaining the reason for the delay.

A copy of the search warrant and warrant affidavit must be delivered within ___ days of the property being submitted to the SIHTC bureau.

Answer 16

1. 72
2. lieutenant
3. 7

Question 17

Uniform officers should not view, handle and/or disturb any on-scene video/audio recording device. The decision to view video evidence on scene should only be made by the assigned case investigator. The __ button should never be used when playing back video evidence captured on any VHS or other analog video recorder.

Answer 17

pause

Question 18

Property Inventory and Transfer Forms shall be retained by the district for a ___ year period after which destruction is authorized.

Answer 18

one

Question 19

Jewelry and negotiable instruments, i.e., currency, endorsed personal checks, endorsed cashier’s checks, endorsed traveler’s checks, stocks, and bonds, with a total value of $___ or less, may be forwarded via the district courier. When evaluating jewelry, care should be exercised to ensure that the value is within the $___ limit. If an uncertainty exists, the impounding officer will transport the item. Jewelry and negotiable instruments valued over $__ are hand-carried to PES by the impounding officer prior to the end of his/her tour of duty.

Answer 19

$5,000

Question 20

Illicit Narcotics (except white powder substances or heroin) valued at $__ or less may remain at the district station for transport by the district courier.

Answer 20

$250

Question 21

The following is a guide for quantities and types of illicit narcotics that must be transported to PES by the impounding officer prior to the end of his/her tour of duty:
a. Thirty (30) or more grams of white powder that is suspected of being a controlled substance; e.g., cocaine, codeine, or morphine b. Thirty (30) or more grams of heroin, regardless of the color c. Five Hundred (500) or more of any pill d. Two Hundred (200) or more grams of hashish oil. Ninety (90) or more grams of a hashish brick f. One (1) kilo or more of marijuana g. One (1) kilo or more of sinsemilla. h. Twenty (20) or more sheets of LSD/blotter acid.

Answer 21

info

Question 22

Taxicab Licenses:
Any officer seizing a chauffeur’s license from a taxicab driver for violation of Sections 31-83(23), 31-86(b), or 31-89(d) of the Code of Miami-Dade County, Florida, will prepare a Consumer Services Department, Field Enforcement Report, stating the reason for the seizure.

The white, green & yellow copier are forwarded with the seized chauffeur’s license to the Consumer Services Department, Passenger Transportation Regulatory Division, via interoffice mail, within ___ days of the seizure.

Answer 22

3

Question 23

Disposal Program:
PES conducts a disposal program for all impounded items in storage. Final disposition of lost, abandoned, recovered, and evidentiary property is accomplished within __ months after legal requirements have been satisfied.

Answer 23

six

Question 24

Employees exiting departmental service shall contact the PES a minimum of __ days prior to their departure to ascertain if they have any impounded property or evidence that is associated with an open case.

Answer 24

60

*exiting employees who fail to comply with the above procedure may have their final paycheck withheld.

Question 25

Lost/Abandoned personal property remaining unclaimed for a period of __ days or more will be disposed of by one of the following methods :a. Return to finder. If the finder has filed a claim with PES within the 90 days waiting period. County employees act as agents of the County and are not considered as a finder entitled to the return of lost or abandoned property. Legal disposition. If the finder does not respond in a reasonable length of time; is a County employee; or no finder is identified; property will be disposed of in accordance with applicable FSS.

Answer 25

90

Question 26

Bulk prisoner property must remain at the district station. Prior to transporting a prisoner, when the prisoner’s property is stored at the station, the prisoner must sign the back of the Property Receipt under the heading “Unclaimed Prisoner Property.” The Property Receipt includes verbiage advising the prisoner the property will be destroyed if left unclaimed at an MDPD station for a period exceeding six months from the date of impoundment. At the end of six months, the station will prepare a certified letter to the owner advising that the property must be picked up within __ days or disposition proceedings will begin. If the owner makes no attempt to retrieve the property or have the property picked up within the __-day period, the station will prepare a Property Disposition Form.

Answer 26

10

Question 27

Lost/Abandoned firearms, weapons, or electronic weapons or devices may be returned only to the lawful owner. These items will be held for a period of __ months for a claim of ownership. If no claim is received, such weapons become the property of Miami-Dade County, as custodian for the State of Florida.

Answer 27

eight

Question 28

True or False?
Except pursuant to lawful court order, no pistol or firearm impounded by an officer with a search warrant, or without a search warrant upon view by the officer of a breach of the peace, shall be returned.

Answer 28

True

Question 29

Evidence:
In cases where the property is being disposed of due to the conclusion of court proceedings, only a supervisor with the rank of ___ or above can approve the property disposition.

Answer 29

sergeant

Question 30

Legal Destruction: Damaged property, firearms, and property of little monetary value (for which ownership cannot be established) will be disposed of as provided by FSS. An independent observer of the rank of ___ or higher shall be assigned to witness and certify the firearms destruction process.

Answer 30

lieutenant

Question 31

Contraband Destruction: An independent observer of the rank of ___ or higher not assigned to PES, will be assigned to witness the entire destruction process.

Answer 31

lieutenant

Question 32

When charges are filed on bulk marijuana cases of ___ pounds or more, the impounding officer will consult with an ASA and request an order authorizing destruction of quantities in excess of that required for prosecution purposes. Results of the conference must be reported to PES via memorandum within __ hours. If authorization to destroy excess narcotics is granted, the concerned officer will forward the court order to PES within __ hours.

Answer 32

200 & 72

Question 33

Evidence collected for the investigative and prosecutorial process of sexual crimes will be retained by MDPD for a period of __ years, unless written notification is received from the SAO’s that the case is closed and property can be destroyed

Answer 33

100

Question 34

Towing of Vehicles Following Arrest:
The vehicle may be parked and locked, if lawful and not a hazard, and later removed within a reasonable length of time not to exceed __ hours, in a manner provided by the driver.

Answer 34

48

Question 35

If the vehicle is not released to another person or parked and locked, it shall be removed by the contract wrecker. Prior to contacting the contract wrecker, officers must contact a supervisor of the rank of __ or higher (excluding acting rank) for approval. The supervisor must respond to the scene of the arrest and ensure that the owner or driver of the vehicle has had a reasonable opportunity, in light of the circumstances, in which to provide for the removal of the vehicle.

Answer 35

sergeant

*The supervisor who authorizes the tow must initial and put their badge number next to the arresting officer’s signature on the Vehicle Storage Receipt.

Question 36

Contract Wrecker Service Responsibilities: The contractual response time for wreckers for routine police tows is __ minutes, but at no time shall the contract tow company take longer than __ minutes to respond to a request for emergency rescue service. The in-zone secondary contractor may be requested via the CB if the original wrecker has not responded in that time. When the secondary company is not available, the adjacent contiguous zone contractor may be requested.

Answer 36

30 & 20

Question 37

Per FSS holds may be placed on vehicles for up to ___ days, excluding holidays and weekends, without charges being incurred by the MDPD. For every hold that extends beyond __ calendar days, plus any included or adjacent holidays, MDPD assumes responsibility for payment of the additional accrued charges.

Answer 37

5 & 7

Question 38

Impounded Vehicles:
Impounded vehicles will not be released without written authority of the impounding officer, his/her immediate supervisor, or the concerned element supervisor. The concerned officer or a supervisor in his/her chain-of-command will arrange to meet with the legal owner (preferred) or the wrecker service and hand-deliver a copy of the Vehicle Release within __ hours of release notification.

The VRU will be advised of the release by the next business day. Initial notification will be made by telephone message; the original and one copy of the vehicle release will be forwarded to the Unit no later than ___ workdays after release notification.

Answer 38

1. 24
2. 3

Question 39

Chain of custody:
An inspection is conducted ___ by the Forensic Services Division (FSD) Chief, or designee, to determine that MDPD’s secured property areas are being maintained in a clean and
orderly fashion, that provisions of departmental orders and other directives concerning the property management system are being followed, that property is being protected from damage or
deterioration, that proper accountability procedures are being maintained, and that property having no further evidentiary value is being disposed of properly and promptly

Answer 39

semiannually

Question 40

Property that is at least __ years old, and where the statute of limitations has expired or the case has been closed in the CJIS, will have the case dispositions reviewed and cleared by PES supervisors.

Answer 40

seven

Question 41

Prior to the conclusion of the fifth storage day, excluding holidays and weekends, the detective requesting the extension of a hold shall complete all of the following:

(1) Complete the Notice to Extend Hold Form (Annex L): Fax the written notification to
the wrecker company and print the confirmation of the successful transmission. Telephonic contact must be made to confirm receipt and record the receiver’s name. Hand delivery is acceptable with a “Received by” signature on the notice. This will preclude release of the towed item upon expiration of the initial hold period.

(2) Complete the Extension of Hold Memorandum (Annex M): Fax the memorandum from the detective’s element Major/Commander or designee, to the CSEB Major or designee advising the reason for the extended hold, the anticipated duration of the extension and the budget/sub-object code for payment of the applicable towing and storage fees.

(3) The hard copies of documents described above in 1 and 2 will be forwarded to the VRU via interoffice mail, or hand delivery, within ____ hours of completion.

Answer 41

24

Question 42

Extending Initial Vehicle Hold:
Any hold exceeding ___ workdays: The VRU will lift holds on all vehicles, which are more than ___ workdays old, if notification has not been made. The VRU Supervisor will notify the impounding detective’s supervisor of late holds that involve felony and/or forfeiture cases, prior to their release.

Answer 42

ten

Question 43

The officer authorizing the hold for any reason other than forfeiture will prepare a memorandum enumerating the circumstances of the hold no later than ____ workdays after notification, and forward the memorandum to the VRU. Whenever a vehicle is impounded for forfeiture, the lead investigator will forward a copy of the forfeiture affidavit to the VRU within ____ workdays.

Answer 43

three

Question 44

Crime Scene Investigations Unit:
The request should be made within ____ of the initial unit’s arrival at a scene.

Answer 44

one hour

Question 45

Abandoned Vehicle or boats:
The District’s CAU will keep statistics of all abandoned vehicle statistical reports and forward them using the Monthly District Abandoned Vehicle Statistical Report to PES by the ___ of each month.

Answer 45

5th

The director of the Office of Neighborhood Compliance has designated an enforcement officer who is responsible for the removal of abandoned property. If enforcement office is unable to successfully remove any property subject to seizure, they may request the assistance of MDPD to effect removal of the property.