HPM 70.1

Question 1

The goal of packaging is to maintain the item’s evidentiary value and protect employees from potential ______. HPM 70.1 5-3

Answer 1

injury

Question 2

All items submitted for storage _____ be packaged in the same manner regardless of the reason for the item’s storage. HPM 70.1 5-3

Answer 2

shall

Question 3

It may be necessary for an Area to deviate from the policy located in this chapter in order to comply with ________________ or court requirements. HPM 70.1 5-3

Answer 3

local laboratory

Question 4

Employees _____ place all property and evidence in the designated property and evidence temporary storage lockers prior to the end of their work shift. Employees shall not store property and evidence in a personal locker or any other location. HPM 70.1 5-3

Answer 4

shall

Question 5

When property is booked for safekeeping, such as a wallet or backpack, and evidence/contraband from the same incident is collected, such as drugs or weapons, the property shall be packaged ______________ the evidence/contraband. HPM 70.1 5-4

Answer 5

separately from

Question 6

Officers shall use an appropriately sized container to package items unless an item is required to be packaged in a certain container (refer to Figures 5-1 through 5-10). The selection should be large enough to allow for adequate room to ____ and ______ an item. All containers shall be new and clean to prevent the contamination of samples. HPM 70.1 5-4

Answer 6

open; reseal

Question 7

All packaged items shall have the following handwritten information on the package: (a) ____________________ (b) Item number(s) (e.g., Item 1, Items 3 and 4). (c) Initials, ID number of booking officer, and booking date across the evidence tape seal being sure the information overlaps both the evidence tape and the package. HPM 70.1 5-8

Answer 7

Property control number

Question 8

Tamper resistant plastic evidence bags containing controlled substances, currency, or any other item of value shall use ____ sensitive item serialized evidence tape around the overlapping ends of the package to create an evidentiary seal where the booking officer shall write their initials, ID number, and date. HPM 70.1 5-9

Answer 8

blue

Question 9

The CHP 557, File/Photo Envelope, containing only a DVD recording, ________ require the use of strapping tape around the seal of the envelope. The flap shall be sealed by moistening the gummed strip and pressing the flap closed. The red evidence tape shall then cover the seal of the envelope. The booking officer shall write their initials, ID number, and date across the seal. HPM 70.1 5-9

Answer 9

does not

Question 10

All other paper and cardboard product packaged items (i.e., envelopes, paper bags), except blood/urine kits, shall use _________ tape to securely close the package. HPM 70.1 5-9

Answer 10

strapping

Question 11

All packaged items shall have a ________ label placed on the package. There should only be one bar code label per package unless otherwise specified. HPM 70.1 5-9

Answer 11

bar code

Question 12

Items with no evidentiary value, low monetary value, or which will not require laboratory testing, such as in-custody property, ___ be packaged together under one item number with a detailed list of its contents made in the comments section of the item number in the evidence RMS case file. HPM 70.1 5-9

Answer 12

may

Question 13

When an item needs to be returned, the booking officer and their __________ shall be sent a notification of the refusal through the evidence RMS with clear instructions on how to remedy any deficiencies. HPM 70.1 5-12

Answer 13

supervisor

Question 14

There are occasions when packages need to be opened to examine, copy, or test an item. No package shall be opened in order to verify contents during any inventory, or departmental or command inspection. If during an inventory, or departmental or command inspection a package is suspected of being tampered with, the Area commander shall be notified immediately. Do not open to verify its contents without the _______________ approval. HPM 70.1 5-12

Answer 14

Area commander’s

Question 15

The package shall not be opened along the ________ seal. This seal must be preserved. HPM 70.1 5-13

Answer 15

original

Question 16

Seal the opening that was created using _________ tape, regardless of the type of packaging material. HPM 70.1 5-13

Answer 16

strapping

Question 17

If an item’s original packaging cannot be preserved, the item will need to be repackaged using new packaging materials. When repackaging the item, the ______________ shall be placed in the new packaging, along with the item, in order to preserve the chain of custody of the original seal. HPM 70.1 5-13

Answer 17

original packaging

Question 18

Departmental personnel __________ perform presumptive field tests solely to confirm the identification of suspected narcotics. HPM 70.1 7-3

Answer 18

shall not

Question 19

The ____________________ system tests and __________________________ devices are the only types of self-contained drug test kits authorized for use by the Department; however, an Area may be required by a court to use a different brand of self-contained drug test kits. HPM 70.1 7-3

Answer 19

narcotics identification kit (NIK); Thermo Fisher Scientific TruNarc Narcotics Analyzer (TruNarc)

Question 20

To ensure other employees are not exposed, an officer handling hazardous substances shall work in an area _________ from other employees and foot traffic. HPM 70.1 7-9

Answer 20

isolated

Question 21

_______ is the basis for both investigative and judicial decisions. It is a means of proving or disproving facts and issues on trial in a court of law. (HPM 70.1, 2-3, 3)

Answer 21

Evidence

Question 22

If a departmental MAIT or Critical Incident Investigation Team is used, the team leader or lead person will normally assume functional responsibility for crime scene coordination and collection of evidence under the overall direction of the incident commander. Unless directed otherwise by a _______, the primary investigating officer will act as the custodian of evidence and assume security responsibilities. (HPM 7-1, 3-6, b1)

Answer 22

Supervisor

Question 23

_______ who are arrested must be advised of their rights regardless of questioning (Section 625 Welfare and Institutions Code). (HPM 70.1 (3-7, 3)

Answer 23

Juveniles

Question 24

The number of searchers should usually be _______ to prevent the destruction of evidence and complication of future court proceedings. (HPM 70.1, 3-10, b)

Answer 24

limited

Question 25

Suggested search methods are: (1) Strip Method. (2) Grid Method. (3) Zone Method. (4) ____ Method. (5) Aerial Method. (HPM 70.1, 3-10, c1-4)

Answer 25

Spiral

Question 26

Conducting the search / Evaluate the Scene.
First evaluate the scene and consider:
(1) Obvious signs and traces of activity.
(2) The probable entry and exit points used by the participants or offenders.
(3) Items immediately apparent to have _________ value.
(4) The size and shape of the scene. (HPM 70.1, 3-13, 10a-e)

Answer 26

evidentiary

Question 27

A ___ shall be kept of all personnel who enter and leave the crime scene in
major crime cases. (HPM 70.1, 3-14, 7)

Answer 27

log

Question 28

If an investigator encounters a _______ scene beyond the skills of the personnel assigned, the investigator should request the assistance of an allied agency or local laboratory crime scene investigator in order to ensure the highest level of integrity and preservation of the items to be collected. (HPM 70.1, 4-3, 2)

Answer 28

complex

Question 29

Plastic, tamper-resistant bags should be used as often as possible to _______ evidence. They provide the best storage device for most evidence. Plastic bags shall not be used for packaging of items which may contain biological materials, such as blood, semen, saliva, blood stains, fingerprint evidence, living plant material, or other moist items, as it can cause the specimens to retain moisture, which promotes bacterial growth and sample deterioration. Additionally, plastic bags should not be used when other agreements have been made with the crime laboratory or district or city attorney’s office. (HPM 70.1, 4-5, b1)

Answer 29

store

Question 30

Correspondence envelopes are often not ________ at the corners. Unsealed corners allow small particles of evidence to leak and become lost. If tape is used to seal the corners, avoid allowing the adhesive to contact the evidence. Adhesive on the tape can contaminate and invalidate testing of some types of evidence. Manila envelopes or kraft paper bags can be used for the storage of larger items and items which may contain biological materials such as clothing. Manila envelopes may also be subject to similar leakage; therefore, precautions should be taken. (HPM 70.1, 4-5, b2)

Answer 30

sealed

Question 31

If it is necessary to use correspondence envelopes for the packaging of small particles of evidence that may be easily lost, place such items in a folded paper bindle to prevent loss of material, and secure with tape or a paper clip before placing in the container. Do _____ use staples to seal the paper bindle. (HPM 70.1, 4-5, 2a)

Answer 31

not

Question 32

_______ should not be used to seal evidence in any type of container. Staples make opening the container difficult, and they also leave small holes that can allow evidence to leak out. (HPM 70.1, 4-5, 2b)

Answer 32

Staples

Question 33

Items which, due to their size or shape, do not lend themselves to standard _________ should be marked with a plastic ID tag. The plastic ID tag shall have the evidence number written on it in addition to a barcode label. (HPM 70.1, 4-5, c)

Answer 33

packaging

Question 34

All tape seals _____ have the booking officer’s initials, ID number, and date packaged written so the markings are on both the evidence tape and the packaging. (HPM 70.1, 4-6, 5a)

Answer 34

shall

Question 35

Many kits, such as ______ and urine kits, include labels. All of the information requested on the label should be completed. (HPM 70.1, 4-6, 5a)

Answer 35

blood

Question 35

All containers being submitted for storage in the _________ room shall have, at a minimum, the evidence number written on the packaging and have a barcode label affixed. (HPM 70.1, 4-6, 5a)

Answer 35

evidence

Question 36

When describing items for notation on a CHP 36, ________ Receipt, or in the evidence records management system, they should never include assumptions or conclusions. (HPM 70.1, 4-6, 6)

Answer 36

Property

Question 37

Large quantities of controlled substances in excess of 10 pounds in gross weight, or 2 pounds for growing or harvested cannabis, may be _________ without a court order pursuant to Section 11479 of the Health and Safety Code (HSC) so long as specific requirements are satisfied. These requirements include random sampling and photographs of the seizure (refer to the section for specific information). It is important to note, only the excess (the amount greater than the 10 pounds of the controlled substance, or the amount greater than the 2 pound of the cannabis) may be destroyed. To comply with the requirements of Section 11479 HSC, the involved Division commander is the Commissioner’s designee for purposes of destruction of controlled substances in excess of the aforementioned weights. No action shall be taken toward the destruction of controlled substances pursuant to Section 11479 HSC without the approval of the Division commander and consultation with the Office of Internal Affairs (OIA). This section is primarily applied to large drug seizures associated with clandestine laboratories. (HPM 70.1, 4-7, 7a)

Answer 37

destroyed

Question 38

If an investigation results in the _______ of a large quantity of cannabis or other cannabis products for criminal offenses, and an Area is unable to adequately store the amount seized due to insufficient secured space within their evidence room, the Area shall make arrangements with an adjoining Area for storage of the seized items. (HPM 70.1, 4-8, b1)

Answer 38

seizure

Question 39

All _________ shall 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. (HPM 70.1, 4-9, d)

Answer 39

weapons

Question 40

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 the following:
(a) The make and model of the firearm.
(b) The serial number and other identification or markings on the firearm.
(c) _______ 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. (HPM 70.1, 4-9, 1a-e)

Answer 40

When

Question 41

Serial numbers on firearms ___________ prior to the Gun Control Act of 1968 may be located anywhere on the firearm. Additionally, serial numbers may not exist on shotguns or .22 caliber rifles. Contact the OIA or the Academy, Weapons Control Unit, for additional assistance. (HPM 70.1, 4-10, NOTE)

Answer 41

manufactured

Question 42

If a ______ is seized at a scene and will require any type of forensic testing and a gun box is not available, the pistol should be placed in a clean manila envelope for transport back to the office for proper packaging. If a rifle is seized and will require any type of forensic testing, every effort should be made to have a rifle box brought to the scene in order to transport the rifle back to the office for proper packaging. (HPM 70.1, 4-10, 2)

Answer 42

pistol

Question 43

The vulnerability of ________ stored information requires special precautions be taken to ensure its retrieval at a later time. Therefore, the following procedures for home personal computers or laptop computers should be followed in order to ensure proper preservation. These procedures are for first responders that are not trained as Computer Forensic Examiners/Analysts. (HPM 70.1, 4-10, e)

Answer 43

electronically

Question 44

It is important to note that some modern laptop/tablet computers often have internal ________ communication capabilities and could potentially be manipulated by the owner if they have power and the ability to receive a wireless signal. Consider using a Faraday bag or similar device to block communication to the computer. (HPM 70.1, 4-11, NOTE)

Answer 44

wireless

Question 45

When seizing storage media as evidence, make sure to collect the _________ manuals and any documentation or notes associated with the storage media being seized. Document the steps involved in the seizure of the storage media and keep them away from magnets, radio transmitters, and other potentially damaging devices. (HPM 70.1, 4-13, 5)

Answer 45

instruction

Question 46

The disposition of all items shall be documented by the evidence officer on the original _______, Property Receipt, and in the evidence management software. (HMP 70.1 CH. 9-3)

Answer 46

CHP 36

Question 47

When custody of items is transferred to another individual or agency (e.g., returned to owner or turned over to an allied agency for destruction or disposal), the name and signature of the individual assuming custody shall be documented on the chain of possession portion of the CHP 36. Any documentation such as a court order, a JUS 8715, Adult Disposition of Arrest and Court Action, proof of ownership, or copies of identification ______ be included in the file. (HMP 70.1 CH. 9-3)

Answer 47

Shall

Question 48

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 shall be destroyed, unless the item was approved
for departmental use (refer to paragraph 3.d.). Disposal of controlled substances is
covered in Chapter 10, Disposal of Controlled Substances, of this manual.
Disposal of firearms and nuisance weapons is covered in Chapter 11,
Release/Disposal of Weapons, of this manual. Destruction of an item at the Area
level shall be witnessed and the witness should be a ________. The witness shall
make a line entry on the chain of possession for the corresponding CHP 36 to
indicate the witnessing of the disposal. (HMP 70.1 CH. 9-4)

Answer 48

Supervisor

Question 49

Sale or Auction of Items. Items of value, excluding firearms, no longer needed
for court and not otherwise covered in paragraph 5., are processed the same as
unclaimed property and disposed of as follows: The SSU truck drivers will pick up
unclaimed property when making regularly scheduled quarterly deliveries to
Area offices. Each item must be listed on a CHP _____, Credit Memo –
Unclaimed Property, according to the instructions in Highway Patrol Manual
(HPM) 11.2, Materials Management Manual, Chapter 13, Unclaimed Property.
The truck driver shall sign the CHP _____ indicating the driver is transporting the property and leave a copy with the evidence officer. (HMP 70.1 CH. 9-4)

Answer 49

266B / 266B

Question 50

Unclaimed property or evidence from adjudicated cases
may be used by the Department for training and educational purposes, or for
operational use. This excludes controlled substances, biohazard items, and any
items deemed hazardous or unsafe. The request shall be submitted in
__________ format and routed through proper channels to the appropriate
Assistant Commissioner’s office. Once approved, the item(s) becomes
departmental property and shall be marked or tagged appropriately, if necessary,
depending on its intended use, sensitivity, and/or value. (HMP 70.1 CH. 9-5)

Answer 50

Memorandum

Question 51

Prior to Purging Evidence. The evidence officer 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 that may:
(1) _____________________.
(2) Have multiple defendants.
(3) Be subject to district or city attorney refiling.
(4) Have questionable ownership.
(5) Relate to a threshold incident involving the Department (potential
litigation).
(6) Be subject to court order (e.g., arrest warrant, search warrant, order of
return).
(7) Determine sexually violent predators (Section 6600 of the Welfare and
Institutions Code).
(8) Contain biological materials which are required to be held until a convicted
person’s completion of their imposed penalty, or indefinitely if a suspect has
not yet been identified or apprehended. (HMP 70.1 CH. 9-6)

Answer 51

Be linked to other cases.

Question 52

Adjudicated Cases. Adjudicated case evidence must continue to be held until
the period for appeals has expired as follows:
(1) Felonies: 90 days.
(2) Misdemeanors: 60 days.
(3) Juvenile cases: __ days. (HMP 70.1 CH. 9-7)

Answer 52

90

Question 53

Before disposal of evidence in nonadjudicated felony
and misdemeanor cases after the statute of limitations has expired, the evidence
officer shall conduct a warrant check on all the involved defendants to determine if
there are outstanding arrest warrants related to the case. If there are outstanding
warrants, the evidence shall continue to be held. If there are no outstanding
warrants, the district or city attorney’s office shall be contacted to determine if the
evidence may be disposed of. Evidence from infraction cases shall generally be
disposed of after ___ months from the date of arrest, rotating monthly, unless there
are extenuating circumstances such as a warrant. Check with the appropriate court
to determine if the items may be disposed. (HMP 70.1 CH. 9-9)

Answer 53

12

Question 54

Evidence of biological or controlled
substances released to a county or city laboratory that retains and destroys such
items in accordance with their policy shall be considered as permanently released
evidence to that laboratory. The evidence management software shall be updated
to reflect the item’s status once the analysis report is received from the laboratory.
The analysis report shall be attached to the CHP 36 and a copy provided to the
_______ ________. In the event a laboratory returns the evidence to the Area office after
the evidence number has been closed, the record shall be reopened and a notation
made explaining the change in the item’s updated status. (HMP 70.1 CH. 9-11)

Answer 54

Court officer

Question 55

Property held for safekeeping will be assumed to belong to the
person from whom it was seized, absent evidence to the contrary.
(1) Upon receipt of the property that may be released to the owner, the
evidence officer shall mail to the owner a property letter via first class mail.
Note in the evidence management software the date the notice was mailed.
Contact the Office of Internal Affairs (OIA) for a sample property letter.
(2) Section 2080.10 CC requires that property be held for ___ days before
disposal. (HMP 70.1 CH. 9-13)

Answer 55

60

Question 56

Administrative evidence is evidence booked for use
in administrative proceedings, civil litigation, civilian complaints, or disciplinary
action taken against a _________ __________. Evidence used in administrative,
court, or Departmental proceedings will be retained until the proceedings have
been completed and the period for appeal, if applicable, has expired. The
Department has determined administrative evidence is required to be held for a
defined length of time, based on the type of item/incident, before being eligible to
purge. Prior to purging, contact the appropriate Office of Primary Interest for
approval. (HMP 70.1 CH. 9-14)

Answer 56

Departmental employee

Question 57

All evidence retained from threshold incidents as defined
in HPM 100.86, Risk Management Manual, Chapter 1, Risk Management
Response Protocol, (e.g., on-duty officer death, shooting, on-duty traffic collisions
with serious injury to a member of the public, electronic control device deployments
with serious injury to a subject) and incidents which may result in civil liability for the
Department shall be held at the Area for at least ___ years, unless otherwise
specified by OIA, the Office of Risk Management (ORM), or the Office of Legal
Affairs (OLA). Threshold incidents that involve criminal prosecution and result in a
subject’s incarceration shall be held for ___ years or the length of incarceration of
the subject, whichever is longer. Prior to releasing any evidence held as a result of
a threshold incident to an allied agency, district, or city attorney’s office, contact
OIA, ORM, and OLA for guidance. The evidence officer shall determine if any civil
litigation is pending prior to purging the evidence. (HMP 70.1 CH. 9-14)

Answer 57

10 / 10

Question 58

California license plates are the property of the Department of
Motor Vehicles (DMV) and ______ be returned to the local DMV office. License plates
from states other than California should be destroyed locally. (HMP 70.1 CH. 9-18)

Answer 58

Shall

Question 59

Money booked as evidence in a criminal case, which has been either
adjudicated or rejected, should have its disposition explicitly noted by the _____,
whether it’s to be awarded or retained by the Department or returned to the
person from whom it was seized. If court documents do not specifically detail
how to dispose of the money, then the evidence officer shall inquire with the
court and obtain written instructions for the disposition of the money. (HMP 70.1 CH. 9-18)

Answer 59

Court

Question 60

Counterfeit currency _______ be sent to the U.S. Secret
Service. It shall remain in its packaging and placed in an envelope along with a
copy of the CHP 36 and mailed to the following address:
(1) U.S. Secret Service, 1700 Montgomery Street, #300, San Francisco, CA
94111.
NOTE: Do not make any notes on the outside of the mailing envelope, such as
“Counterfeit Money Inside.” (HMP 70.1 CH. 9-20)

Answer 60

Should

Question 61

Retention of Evidence. The Department is under no obligation to preserve
evidence for civil suits in which the Department is not a party. Exceptions to
this rule may apply, including a _____ ______ or a gratuitous promise, e.g., an
employee promises or implies that evidence will be held for civil litigation. (HMP 70.1 CH. 9-20)

Answer 61

Court Order

Question 62

Only photographs and video which have evidentiary
value for ________ _________, civil proceedings (against or initiated by the
Department), or administrative proceedings/investigations should be booked into
evidence. All other photographs and video should be stored in accordance with
General Order (GO) 110.8, Processing and Storage of Digital Media. The disposal
of photographs and video booked into evidence should coincide with other items
associated with the case with the following exception: If a case with photographs
and video from a traffic collision has been adjudicated (or was declined/rejected by
the district attorney) prior to expiration of the collision report’s retention period, then
the photographs and video shall be removed from evidence and stored with the
nonevidentiary traffic collision files as detailed in GO 110.8. (HMP 70.1 CH. 9-21)

Answer 62

Criminal Prosecution

Question 63

Recreational Cannabis and Concentrated Cannabis. Verify the
individual seeking the item’s return is legally capable of its possession by
checking their valid identification card to ensure they are age ___ or older.
Copy the identification card and attach it to the CHP 36. Have the
individual sign the CHP 36. (HMP 70.1 CH. 9-22)

Answer 63

21

Question 64

The will designates a personal representative or executor of the
deceased’s estate. The representative must file for and obtain a court order from
the probate court appointing them as such. The following items are required to
release property to a representative and shall be copied and maintained with the
CHP 36:
(1) Court order appointing the person requesting the property as the executor
of the estate.
(2) ___________________________.
(3) Acceptable identification of the representative. (HMP 70.1 CH. 9-23)

Answer 64

Death certificate of the property owner.

Question 65

A guardianship is a court-ordered document that appoints an
adult, who is not the minor’s parent, as legally responsible for the minor’s needs.
Ensure the court document grants guardianship over the minor’s estate. To release
property, the following items are required:
(1) A ______ _______ appointing the person requesting the property as the
guardian of the estate of the minor.
(2) Acceptable identification of the person named as the guardian.
(3) Copies shall be made of all documents and maintained with the CHP 36. (HMP 70.1 CH. 9-26)

Answer 65

Court Order

Question 66

Controlled substance disposals, also known as _____ _______, are scheduled events that occur a few times per year. Therefore, the organization of items that will be sent for disposal must be efficiently managed on a continuous basis. Controlled substances booked as contraband that have no criminal charges associated with them may immediately be entered into the disposal process. Controlled substances with criminal charges pending must wait until the case has been adjudicated before beginning the disposal process. Once a case containing controlled substances has been identified as being ready for destruction, the evidence officer shall follow the procedures outlined in this chapter. (HMP 70.1 CH. 10-3)

Answer 66

Drug Burns

Question 67

Once an item is ready for destruction, it shall be pulled from its location and placed in a separate location that is exclusively for controlled substances that are pending destruction. The item shall not be opened or removed from its packaging. This new storage location may simply be a _____ _____ ______ ___ ______. Additionally, the corresponding
evidence RMS case file shall be updated at this time to indicate its current disposition as pending destruction. The evidence officer may use a CHP 37, Controlled Substances for Destruction, form to make a running list of the items in the pending destruction box(es). (HMP 70.1 CH. 10-3)

Answer 67

Separate box labeled as such

Question 68

The disposal of controlled substances requires the following documents to be prepared: a CHP ___, Controlled Substances for Destruction; a court order; a declaration for the court; and a CHP ___, Controlled Substances Security Document, prepared with the date of transportation. (HMP 70.1 CH. 10-4)

Answer 68

37 / 37B

Question 69

A two-person rule shall be used when packaging controlled substances for destruction. One person shall be the primary evidence officer and the second person should be a ________. If a supervisor is not available, the second person should be the backup evidence officer. The evidence officer and supervisor or backup evidence officer shall confirm all information for the item, as detailed in the evidence RMS case file, matches the information listed on the CHP 37 and that proper adjudication paperwork, if applicable, is uploaded into the evidence RMS case file as the item is placed into the box. (HMP 70.1 CH. 10-5)

Answer 69

Supervisor

Question 70

Each box shall be marked on at least two sides with the Area name, Area number, packaged weight of the box, and date packaged. If using more than one box, number each box and include the item numbers contained therein based on the corresponding CHP 37 (e.g., Box 1 of 2-Items 1-15, Box 2 of 2-Items 16-27) (refer to Figure 10-1). The packaged weight of the box is taken after all items are placed in the box and the box has been sealed. The measurement of the weight should be taken to the nearest _____ of a pound. (HMP 70.1 CH. 10-6)

Answer 70

1/10th

Question 71

If the integrity of the seal on a box is broken at any time prior to a scheduled drug burn, an inventory shall immediately be conducted by the evidence officer and a supervisor. If a discrepancy is found, the supervisor shall notify the _____ __________. If, after completion of the inventory, no discrepancy is found, reseal the container with strapping tape, place a new strip of blue serialized evidence tape where appropriate (refer to Figures 10-1 through 10-3), and notate the incident and serial number on the corresponding CHP 37 in the remarks/notes section. (HMP 70.1 CH. 10-8)

Answer 71

Area Commander

Question 72

Any time there is a transfer of custody of packaged and sealed items during any stage of the transportation process, those individuals taking possession shall confirm the serial numbers listed on the CHP 37 match those of the sealed boxes and document the transfer on the signature page of the CHP 37. Each transfer of custody shall require ____ signatures and ID numbers, even if one of the signing individuals continues along to the next stage of transportation. (HMP 70.1 CH. 10-9)

Answer 72

Two

Question 73

Controlled substances being transported from Areas to a collection point at Division shall be transported by at least two individuals, with at least one being an _____ officer. The evidence officer shall be one of the transporting individuals. Consideration should be given if multiple vehicles are necessary to transport the shipment. If an Area’s shipment is more than 500 pounds, refer to the security requirements outlined in paragraph 9.b. of this chapter. (HMP 70.1 CH. 10-10)

Answer 73

Armed

Question 74

Controlled substances being transported from Area to an incinerator facility in conjunction with a Division-coordinated drug burn shall be transported by at least two individuals, with at least one being an armed officer. The ______ ________ shall be one of the transporting individuals. Consideration should be given if multiple vehicles are necessary to transport the shipment. If an Area’s shipment is more than 500 pounds, refer to the security requirements outlined in paragraph 9.b. of this chapter. (1) If an Area has an immediate need to coordinate its own drug burn independent from Division, the Area shall appoint an officer to coordinate security as the evidence officer will be busy coordinating the drug burn. (HMP 70.1 CH. 10-10)

Answer 74

Evidence Officer

Question 75

The following are the minimum-security requirements. These guidelines may not be appropriate for each burn site. The criteria are to be adapted for the physical layout and security needs of each facility. a. Less Than Five Hundred Pounds.
(1) At least one armed officer is required, in addition to the Division coordinator and supervisor.
(2) The _________ ________ and ________ are responsible for observing the drugs being burned and properly completing the required forms.
(3) The Division coordinator and supervisor shall not have the responsibility of monitoring security. (HMP 70.1 CH. 10-10)

Answer 75

Division coordinator and supervisor

Question 76

Five Hundred Pounds or More.
(1) The Division coordinator and supervisor are responsible for observing the drugs being burned and properly completing the required forms.
(2) The Division coordinator and supervisor shall not have the responsibility of monitoring security.
(3) A minimum of five officers is recommended for security: (a) One armed officer to monitor the actual dumping site (the hopper).
(b) Two armed officers to monitor the transportation of drugs from the transporting vehicle to the dumping site.
(c) Two armed officers in and around the transporting vehicle. These officers should be armed with ________ or ________. (HMP 70.1 CH. 10-11)

Answer 76

Shotguns or rifles

Question 77

The term “________ ________” includes any weapon that is or was: (i) identified under Section 16590 of the California Penal Code (PC); (ii) possessed, carried, or concealed as described in Sections 19190, 21390, 21590, 25700(a), 25400(a), and 29300 PC; or (iii) used in the commission or attempted commission of a misdemeanor or felony. Weapons which meet the definition of a nuisance weapon shall not be released. They are to be destroyed pursuant to Sections 18005, 18010(b) and (c) PC. When the Department receives a firearm which is deemed a nuisance weapon solely based on the nature of the offense, the Department shall attempt to notify the owner that the firearm will remain in the possession of the Department until the case is adjudicated, and upon conviction, the owner shall be notified the firearm will be destroyed pursuant to Section 29300(a) PC, unless a court order is received to return the firearm. (HMP 70.1 CH. 11-3)

Answer 77

Nuisance weapon

Question 78

For firearms being stored for safekeeping, the Area shall send a property letter by certified mail, with return receipt requested, to the lawful owner after receiving the firearm into the evidence room. For criminal cases which are rejected, dismissed, or adjudicated with no court order for destruction (confirm the disposition of the firearm with the court for adjudicated cases), the Area shall send a property letter by certified mail, with return receipt requested, to the lawful owner. This notification begins the 180-day time frame during which the Department is required to retain the firearm before it is considered unclaimed and eligible to process for destruction. If the lawful owner fails to take possession of the firearm or contact the Department to advise the Area of their intent to take possession within the ________ waiting period, the Area may begin the process of preparing the firearm for destruction (refer to Sections 34000 and 33875 PC). (HMP 70.1 CH. 11-4)

Answer 78

180-Day

Question 79

Before releasing a firearm, ammunition, or an ammunition feeding device, the Area shall advise the claimant of the Area’s pickup procedure and the documents required to receive the firearm, ammunition, or ammunition feeding device (i.e., proof of ownership; a current valid, government-issued identification card; a determination notice from the DOJ, indicating the claimant is eligible to legally possess the firearm, ammunition, or ammunition feeding device; and, if applicable, ___________________________). Additionally, the Area shall advise the claimant requesting the return of a firearm, ammunition, or ammunition feeding device of the California Firearms Application Reporting System (CFARS), Law Enforcement Release (LER) Application process to obtain a determination notice from the DOJ, indicating the claimant is eligible to legally possess the firearm, ammunition, or ammunition feeding device. The online application contains information which instructs the claimant how to obtain a determination notice from the DOJ, indicating the claimant is eligible to legally possess the firearm, ammunition, or ammunition feeding device and explains the processing fee. Advise the claimant any fees associated with the application is not the responsibility of the Department. (HMP 70.1 CH. 11-5)

Answer 79

A court order of return

Question 80

Sale or Transfer of a Firearm for Lawful Owner or Prohibited Person. If the lawful owner does not wish to obtain possession of a legal firearm, ammunition, or ammunition feeding device or is determined to be ineligible to possess a legal firearm, ammunition, or ammunition feeding device by the DOJ, the lawful owner may sell or transfer the firearm, ammunition, or ammunition feeding device to a ______ _______ ________, or licensed ammunition vendor, as applicable, pursuant to Section 33870 PC. (HMP 70.1 CH. 11-7)

Answer 80

Licensed firearm dealer

Question 81

Section 8103(f)(1)(A) of the Welfare and Institutions Code (W&I) provides that if all three of the following occur—a person has been: (i) taken into custody pursuant to Section 5150 W&I; (ii) assessed within the meaning of Section 5150 W&I; and (iii) admitted to a designated facility within the meaning of Sections 5150 and 5152 W&I because that person is a danger to themselves or others, then that person shall not own, possess, control, receive, or purchase and firearm for a period of _____ years after the person is released from the facility. (HMP 70.1 CH. 11-9)

Answer 81

Five

Question 82

Lifetime Prohibition. Section 8103(f)(1)(B) W&I provides that if a person has been taken into custody, assessed, and admitted as specified in subparagraph 4.a.(1) above, and if that person was also previously taken into custody, assessed, and admitted as specified in subparagraph 4.a.(1) above one or more times within a period of ___ ______ before the most recent admittance, then that person shall not own, possess, control, receive, or purchase any firearm for the remainder of their life. (HMP 70.1 CH. 11-9)

Answer 82

One year

Question 83

No firearm or deadly weapon shall be released to any of the following:

(1) Any person admitted to a facility and receiving inpatient treatment that has been deemed by the attending health professional who is primarily responsible for the person’s treatment of a mental disorder. This includes a leave of absence from such a facility (refer to Section 8100[a] W&I).
(2) For a period of five years, any individual who has communicated to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. The five-year denial period begins on the date the psychotherapist reports to a local law enforcement agency the identity of the person making the threat (refer to Section 8100[b] W&I).
(3)______________________________________
(4) Any person found by a court to be mentally incompetent to stand trial (refer to Section 8103[d] W&I).
(5) Any person placed under a conservatorship (refer to Section 8103[e][1] W&I). (HMP 70.1 CH. 11-10)

Answer 83

Any person found not guilty of any crime by reason of insanity (refer to Section 8103[b] and [c] W&I).

Question 84

Any firearm or other deadly weapon seized pursuant to Section 18250 PC (domestic violence incidents) shall be held at least __ ______ pursuant to Section 18265 PC before being made available for return. A completed CHP 36 shall be provided to the possessor at the time of seizure. (HMP 70.1 CH. 11-11)

Answer 84

48 hours

Question 85

Firearms that meet the definition of an assault weapon and are not registered to the owner as an assault weapon, cannot be released. Registered assault weapons are not eligible to be transferred in California except to a licensed gun dealer or as provided in Section 31100 PC (refer to Section 30910 PC). Stolen firearms that were modified after the theft and now meet the definition of an assault weapon can only be transferred to a licensed gun dealer with a dangerous weapon permit issued through the DOJ, to be returned to a pretheft condition. The stolen firearm must have been reported as stolen prior to the Department taking possession or within __ _____ of the theft. (HMP 70.1 CH. 11-12)

Answer 85

5 days

Question 86

Found firearms and stun guns shall not be returned to the finder. Found firearms shall be submitted to a lab for _______ _________ and entry into the National Integrated Ballistic Identification Network (NIBIN)/Integrated Ballistics Identification System (IBIS). Consult with the lab regarding the type of firearm prior to submission to determine if it is a viable firearm for testing. Refer to Chapter 8, Management of Electronic Databases, of this manual for more information on NIBIN/IBIS. If the lawful owner is not located, and ballistic testing does not link the firearm to any outstanding investigation, and the firearm is unclaimed after 180 days, it shall be sent to the Academy, WCU, for destruction. (HMP 70.1 CH. 11-14)

Answer 86

Ballistic Testing

Question 87

Pursuant to Section 29180 PC, Firearms Manufactured by Unlicensed Subject (FMBUS) are firearms made by an individual who does not possess a license for the manufacture of firearms. These firearms are also referred to as “______ _______” and may or may not have serial numbers. (HMP 70.1 CH. 11-14)

Answer 87

Ghost Guns

Question 88

The Academy, WCU, shall be the centralized location for all firearms and weapons disposal and will be responsible for preparing them for destruction or conversion to __________ _____ (refer to Sections 33875, 34000, and 18000-18005 PC). No firearms or other weapons which have come into departmental possession as evidence, contraband, found or surrendered property, or for safekeeping, shall be solicited or retained by departmental employees. Generally, a court order is not necessary for the destruction of a firearm. However, a court order should be obtained when a firearm is compliant with federal and state laws, but the firearm was utilized as a nuisance weapon (e.g., felon in possession of a firearm, used in the commission of a felony, or the brandishing of a firearm [refer to Sections 29800 and 29805 PC]). Additionally, any firearm seized by a warrant shall require a court order for destruction. (HMP 70.1 CH. 11-15)

Answer 88

Departmental Use

Question 89

Prepare a _______, Firearms for Destruction, listing all the firearms to be destroyed. All long guns shall be listed either at the beginning of the list or at the end of the list. Enter a “0” or “L” in the “BOX #” for long guns. If using more than one page of a ________ is necessary, the item numbering shall be continued on the second page and not restarted. Be sure to write down all 12 digits when entering the blue evidence tape serial numbers. Do not include other weapons and items for destruction on the _______ (e.g., knives, clubs, brass knuckles, ammunition). (HMP 70.1 CH. 11-15)

Answer 89

CHP 37A / CHP37A / CHP37A

Question 90

All documents relating to the disposal of firearms and/or other weapons, such as court or prosecution reports, shall be uploaded to the evidence RMS and retained by the command for _____ years from the date the firearms and/or weapons were shipped to the Academy, WCU. Retention of the documents shall be in a secure, electronic format. (a) The Academy, WCU, shall retain all copies of documents received from the commands for the current year plus ____ years from the date the firearm was destroyed. Retention of the documents may be in a secure, electronic format. (HMP 70.1 CH. 11-16)

Answer 90

Five / Ten

Question 91

A two-person rule shall be used when packaging firearms. One person shall be the primary evidence officer, and the second person should be a supervisor. If a supervisor is not available, the second person should be the back-up evidence officer. The evidence officer shall verify the make, model, and serial number of each firearm and confirm all information matches the CHP 37A as the firearm is placed into the box. A supervisor shall then verify the make, model, and serial number of each firearm matches the CHP 37A. The box shall be sealed using strapping tape. A strip of ____ _______ evidence tape shall be placed across the seal, with the initials, IDs, and date written across the tape and seal by the evidence officer and the supervisor. Multiple ______ ________ evidence tape strips may be necessary depending on the type of box used, such as boxes with top and bottom openings or boxes with lids, in order to adequately prevent tampering (refer to Figure 11-3). All serial numbers from the blue evidence tape shall be notated on the CHP 37A. The evidence officer shall then sign and date all pages of the CHP 37A. The supervisor shall sign and date all pages of the CHP 37A as a witness that all the firearms were verified and packaged. (HMP 70.1 CH. 11-18)

Answer 91

Blue Serialized / Blue Serialized

Question 92

Loose ammunition shall be consolidated and packaged separately by _____/______, preferably in a plastic bag or manila envelope. Full boxes of ammunition are not required to be emptied into a bag or envelope. Ammunition shall not be transported in the same box as firearms. Care should be taken when placing ammunition in the box with other nuisance items to prevent the other items from striking the primer on the ammunition. (HMP 70.1 CH. 11-22)

Answer 92

Type/Caliber