Evidence Manuel Flashcards by Mike Jordan

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

Twice

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Case law requires all ____ recordings to be preserved for trial

Audio

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Captured images where possibility exists that image could have ____ value, SHALL be booked into evidence

Evidentiary

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There are 3 basic types of evidence:

testimony
documentary (written)
physical

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5 basic criteria for evaluation of physical evidence:

relevancy
identifiable
legally obtained
continuity
integrity

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7 basic methods of search:

strip search
double strip search
quadrant/sector/zone
circular
wheel
Aerial

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Large quantities of controlled substances (in excess of 10 pounds) may be ___ without court order

Destroyed

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Penal code section 11108.9 requires attempt be made to restore serial number of all firearms that have been altered or have obliterated numbers. SHALL be performed by ____ or nearest national integrated ballistics identification network (NIBIN) lab

Academy Weapons Control Unit (WCU)

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Evidence/property SHALL be entered and received into the Area Information System (AIS) within ___ business days

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Substances believed to contain phencyclidine (PCP) SHALL be ___ bagged

Double

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Drugs with a street value of ____ dollars SHALL not be stored in an evidence locker. Under section 11479 Health and Safety code SHALL be stored inside the evidence room, a secured safe, or an allied agency evidence room

$10,000

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Money SHALL be counted by ___ employees, one of whom should be a supervisor

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Money in excess of ___ dollars seized as evidence or for safe keeping, SHALL not be stored in an evidence locker/cabinet (including pass through cabinets). Such SHALL be secured inside evidence room, secure safe, allied agency evidence room, or safety deposit box at financial institution

$1,000

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Money booked as evidence SHALL be forwarded to FMS on a CHP ___, Transmittal record

230

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Authorization SHALL be obtained from a ___ or ____ prior to transferring or converting money booked as evidence

City or district attorney

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6 purposes for CHP 36:

record
receipt
Notice
declaration
affidavit
report

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Penal code 11108 requires all serialized evidence and property be entered into:

California department of justice (DOJ)
Automated property system (APS)
Automated firearm system (AFS)

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All firearms and conductive energy weapons coming into possession of dept SHALL be entered into:

Automated firearm system (AFS)

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Besides entering all firearms into the Automated firearm system (AFS), all firearms SHALL also be entered into:

Electronic tracing system (eTRACE)

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Expended bullet casings discovered in vehicles SHALL be collected as evidence and submitted for entry into:

NIBIN/IBIS system

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Evidence SHALL be disposed of using the following:

return to owner/finder
sale
destruction
recycle
discard
other claims of ownership (civil, pawn, insurance company, etc)
donations
departmental training/educational use (requires appropriate assistant commissioner approval)

The case status for purpose of purging evidence SHALL be checked for misdemeanor/infraction every:

6 months

Case status for purpose of purging evidence SHALL be checked for felonies every:

1 year after booking and every year thereafter

Case status for purpose of purging evidence for mobile video audio recording SHALL be checked:

After 1 year

Government code section 34090.6 allows routine video be destroyed after

1 year

Evidence SHALL be disposed of ___ days after date of arrest when case is declined by prosecutor

Holding period for offenses:

- offense punishable by death or life imprisonment, or which involves embezzlement of public money/falsification of public documents : hold indefinitely - felony sexual assaults: 10 years - offense punishable by imprisonment for 8 years or more: 6 years - 368 PC felonies (except theft and embezzlement): 5 years - offenses punishable by imprisonment in state prison (all other felonies not covered):3 years Misd/infractions (except 647.6 pc/729 b&p): 1 year

All evidence retained form threshold incidents SHALL be held in area for at least ___ years

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

- felonies: 90 days - misdemeanors: 60 days - juvenile cases: 90 days

Any biological evidence used to convict any person of a crime SHALL be retained by area for:

Duration of incarceration of an individual

Blood and urine samples are required to be retained for a period of ___ year to allow defendant opportunity to have own test conducted

All firearms must be held locally for ___ days

180

All property taken from a person other than firearms SHALL be held by department for period of ___ days prior to disposal

A __ order is required for destruction of controlled substances

Court

A CHP ___ SHALL accompany any controlled substances being transported for destruction

37B, controlled substances security document

Controlled substance burns should be conducted at a minimum of ___ per year

Twice

Before releasing any firearm, area SHALL provide person requesting return of firearm a current ____

Law enforcement gun release (LEGR) application

Person taken into custody for 5150 W&I SHALL not own, possess, control, receive, or purchase firearm for period of __ years after being released from facility

Weapons seized due to domestic violence incidents SHALL be held at least ___ hours, expect in cases where dept believes Regino would likely endanger victim or person, firearms SHALL be made available to owner within ___ business days

48 and 5

Department has ___ days to appeal a court ordered release for a weapon

Property rooms SHALL meet the following minimum requirements:

- SHALL be secured with a deadbolt - SHALL not have windows - area primary or alternate property officer SHALL always be present when any other person is in property

Evidence officer SHALL notify local district or city attorney within ___ hours of vehicle impounded for 22655.5 CVC (evidence), not including Saturday’s, Sunday’s, or holidays

All MVARS dvds SHALL be retained for a minimum of __ year

All MVARS dvds used for administrative purposes SHALL be retained for ___ years

Retention for MVARS of incident generating CHP 268 or STD 270 is:

Minimum do 1 year until adjudicated which ever is longer

Retention of MVARS for all misdemeanors and a felony arrests is:

3 years

Retention for MVARS for consent search not resulting in completion of CHP 216 is:

3 years

Retention of MVARS for admin investigative/citizens complaint is:

5 years

Retention of MVARS for crash is:

4 years or life if crash report

Retention of MVARS for footage of unsolved felony hit and run is:

Indefinite