Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

HPM 70.1 Evidence Manual > HPM 70.1 > Flashcards

HPM 70.1 Flashcards

1
Q

If on scene investigators determine that no crime has been committed the Department has _____ _____ to take evidence.

A

no authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

After rendering aid, the _____ of the ____ _____ is the most important priority to the first responder.

A

protection, crime scene

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When protecting and _____ a crime scene the following five items are the responsibility of the first officer to arrive on scene.

A

securing,

  1. allow only authorized persons to enter crime scene
  2. maintain log of persons entering and leaving
  3. establish single route of ingress and egress
  4. boundary should be initial twice the distance from the center of the scene to the farthest know piece of evidence
  5. when practical scene securement tape should be used to establish boundaries
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

No ____ of field notes are necessary when the following three conditions are met:

A

retention,

  1. incorporated into report
  2. formal report accurately reflects the contents of notes
  3. prosecutor turns copy of formal report to defense prior to trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

T/F: Case law requires all recordings be preserved for trial?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Any evidence for administrative investigations shall be retained for ____ years

A

5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

All evidence must be ___ and ___ documented prior to being collected. Nothing of evidentiary value should be ____ or ____ until its ___ _____ and its position has been properly ______

A

thoroughly, accurately, moved, altered, original condition, documented

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The evidence container should be _____ for the specific types of evidence collected. The ___ of the container should correspond to ___ of evidence. Containers should be new and _____

A

suitable, size, size, clean

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Collected evidence should remain in the ___ in which it was ___ ___

A

container, originally, discovered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Large quantities of controlled substances (excess of 10 lbs) and hazardous chemicals (excess of 2 oz) used or intended to be used to manufacture dope may be _____ without ____ ____ per H&S code

A

destroyed, court, order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Clandestine labs shall be treated as ______

A

Hazmat scene

note: turn over to allied agency with specialized equip

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If CHP handles a clandestine lab; disposal of chemicals __ ___ handled by hazardous waste ____ ___ by CHP. Other than the ___ ___; chemicals and lab equipment ___ __ be kept in ____.

A

shall be, hauler contracted, required samples, shall not, evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When booking evidence, the ___ ___ should be used as often as possible.

A

plastic bags

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

_____ are not to be used to seal evidence containers

A

staples

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The evidence officer shall have the ___ __ ____ prior to taking custody of evidence.

A

right of refusal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Upon identifying a computer to be seized for evidence, _____ shall be ____ _____.

A

access, immediately restricted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If the computer to be seized utilizes a windows based system, _____ the ___ from the back of the ____ and place ____ over the ____ and ____

A

pull, plug, computer, evidence tape power supply, any drive or ports
note: if power was off disconnect network cable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If a laptop is to be collected you should disconnect the power supply by ______

A

removal of the battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If a cell phone is collected ____ power _____

A

leave, on

could prevent password activation, collect charging cable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

All evidence containers require the following five markings

A
  1. evidence #
  2. item #
  3. ID #
  4. Initials
  5. Date
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When marking evidence, make sure not to ______ serial numbers, consider ___ ___ if evidence is valuable, consider marking evidence may ____ chemical analysis, and no ____ shall be _____ (use evidence tag in not in box or bag)

A

deface, potential damage, invalidate, firearm defaced

note all weapons shall be unloaded and rendered inop

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Clothing and electronic equipment may be marked on the ____ during collection.

A

labels

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When the Department takes custody of a firearm, a ____ shall be issued to the person who possessed the firearm, the receipt shall include the following five items.

A

receipt,

  1. make and model
  2. serial number or other ID markings
  3. where the firearm may be recovered
  4. any applicable time limit for recovery
  5. date after which the owner or possessor may recover the firearm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

All evidence ___ ___ marked for ____ and packaged to avoid ____ and to ensure _____.

A

shall be, identification, contamination, integrity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Under no circumstances shall evidence be stored in____ __ or other unauthorized location

A

personal locker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Controlled substances (except Marijuana) require ___ ___ and shall be stored ___ ____ in a ___ ___; PCP shall be ___ ____.

A

special handling, heat sealed, polyester bag, double bagged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

All controlled substances shall be ___ to determine the ___ ___ and then ___ ___ after sealing to determine the___ ___.

A

weighed, net weight, weighed again, gross weight

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

If you have over ___ or more pills you may obtain weight instead of counting out each pill.

A

300

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Net and Gross shall be documented in the ____ of the ____

A

body, CHP 36

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Multiple controlled substances shall be packaged ____ from other items

A

separately

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Drugs with a street value of ____ or greater ___ ___ be stored in the ___ ____.

A

$10,000.00, shall not, evidence locker (including pass-through)

evidence locker……not property room!!!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Any package that appears to have been opened or tampered with after lab analysis shall be ____ to the ___ to be ___ ___. Shall notify ___ ____.

A

returned, lab, analyzed again, evidence supervisor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Firearms shall be submitted ____, chamber ___ and ____, ____ on, ____ removed; if it can not be ____ due to mechanical defect, store the firearm separately and label the container “____ ____”

A

unloaded, open, blocked, safety, magazine, unloaded, loaded weapon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Revolvers ___ have the ____ open and _____, plastic tags ___ __ attached to each _____.

A

shall, cylinder, blocked, shall be, firearm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Flammables ___ __ stored outside of the office in a _____ ___ designed or flammables.

A

shall be, locked area

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

_____ shall NEVER be stored in an Area office.

A

Explosives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

When booking syringes and needles, officers shall place needles into ____ ___, close-able, ____ container, they ___ ____ remove ____ from a syringe. Needles ___ __ be manipulated by hand.

A

puncture proof, labeled, shall not, contents, shall not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Biological hazards ___ ___ be treated as if they are ____ with ___ ___ and ___ ____ biological hazards warning label to the outside of container when booked. This includes items containing ____ ____.

A

shall be, infected, communicable disease, shall have, bodily fluids (air dry first)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

____ clothes and ____ shall be worn when dealing with biological hazards.

A

protective, eye-wear

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Do not store ____ ____ in plastic bags as mold and spor growth are a health hazard

A

wet marijuana

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Wet marijuana should be ____, wet marijuana stored in a plastic container lose ____ ___.

A

dried, evidentary value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Live marijuana plants ___ ___ be ____ from container or soil. Store the plants in ___ ___ or ___ ___ after photographing the plant.

A

shall not, removed, paper bags, paper wrap

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

The Department is under ____ ___ ____ to care for plant.

A

no legal authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

When counting money there shall be ___ ____, one should be a ____; ____ will initial the evidence form. Also the count should be documented on a _____, Asset Forfeiture Financial Tally.

A

two employees, supervisor, both, CHP 308

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Money in excess of ____ shall not be stored in ____. The money shall be secured in the ___ ___, a ___, ___ ___ ___ ___ or safe deposit box.

A

$1000.00, evidence locker/cabinet, property room, safe, allied agency property room

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

____ shall be notified to respond, to immediately secure and process cash during work hours or ___ ____. If unavailable the ____ or ___ ___ shall be notified to respond.

A

evidence officer, after hours, alternate, Area commander

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Large sum of money seized not qualified for ____ ____ should go into a interest bearing account. Then contact the evidence coordinator at ___ ___ ___.

A

asset forfeiture, Office of Internal Affairs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Money booked as evidence ____ be forwarded to ____ ____ ___ (CHP 230 transmittal record). Authorization ___ ___ obtained from ____ or ___ ____ prior to transfer.

A

shall, Fiscal Management Section, shall be, City, District Attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Currency contaminated with Hazmat ____ ___ forwarded, double bagged and _____ as ___ to ___ ___ ___.

A

shall be, marked, Hazardous, Fiscal Management Section

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Badly damaged currency shall be forwarded to ___ ____ ___.

A

Fiscal Management Section

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

___ ____ of ____ should not be seized, take a photogaph.

A

open container, alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

If opened container of alcohol is needed for felony or juvenile case and cannot be sealed, ___ contents into ____ ____.

A

pour, suitable container

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

All serialized evidence and property booked ____ ___ checked through ___ ___ __ by the _____ officer prior to storage.

A

shall be, automated property system, booking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

If property booked is reported stolen the evidence officer shall request dispatch notify ____ ___ and attach ____ to _____.

A

reporting agency, printout, CHP 36

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

All serialized items not held for safekeeping are _____ to be entered into ___ ____ ____.

A

required, Automated Property System

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Only the ____ ____ or ____ shall be responsible for _____ of discs or printed photos booked into evidence. Lost/misplaced copies _____ be immediately _____ to ___ and ___ _____. The evidence officer ___ ___ a notation on the ___ ____ ___.

A

evidence officer, alternate, duplication, shall, reported, supervisor, evidence officer, shall make, chain of possesion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Recordings taken with a digital device shall be saved to a ___ ___ and saved in ___ or ___ format with overwrite protection.

A

storage medium, WAV, MP3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Recordings taken from a cassette recorder ____ have cassette tape ____ ____ ___.

A

shall, booked into evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

All evidence or property that comes into the control of a departmental employee shall have a _____ completed and be entered into _____

A

CHP 36, AIS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Recovered stolen property should be ____ and ____ to owner.

A

photographed, returned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Contraband is property that is illegal to possess but is not evidence in a criminal proceeding; Contraband ___ ___ booked in as a separate ____ and will not be held by the evidence officer. It ___ ___ disposed of ___ ___ ___ ___.

A

shall be, entity, shall be, as soon as possilbe

note:explanation of how it was obtained should go in the remarks section

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Property categorized as ____ is non-evidentiary property fr temporary holding.

A

safekeeping

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

If a CHP 36 is submitted without a supervisor or OIC review, the evidence officer ___ ensure a ____ reviews and ____ the ______ before the items is ____ into the evidence system.

A

shall, supervisor, signs, CHP 36, accepted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

When the evidence officer signs the CHP 36 they are confirming that:

A

they received the property
they have secured the property
they have entered and received the items into AIS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

The evidence officer has the right to return evidence or property to the booking officer for the following three reasons.

A
  1. incorrect packaging
  2. incorrect documentation
  3. missing information
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

If the _____ copy of the CHP 36 is not provided to finder of lost property or owner of property taken for safekeeping it _____ remain attached to the _____.

A

receipt, should, original

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

The _____, evidence/property log, should no longer be used unless _____ is temporarily not available. Once completed the _____ shall be retained for the _____ of the _____ forms listed within the log.

A

CHP 36B, AIS, CHP 36B, life, CHP 36

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

The evidence officer should print out the _____ _____ ___ quarterly and retain only the most recent print-out.

A

AIS evidence log

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Evidence officer is responsible for maintaining the ___ databse, all property/evidence ____ ___ entered into ____ and assigned a ___ ___.

A

AIS, shall be, AIS, bar code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Two methods of logging in evidence is accepted, they are:

A
  1. evidence officer assigns E# after entry into AIS

2. arresting officer enters into AIS and generate own bar code prior to placing evidence into locker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

If evidence is transferred the ___ __ ___ section of the CHP 36 ___ __ completed by the ___ ___.

A

chain of possession, shall be, transferring employee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

If evidence transfer is conducted through the mail a ____ for receiving ____ ____ and return envelope may be included with the transferred item.

A

memorandum, agency’s signature

memo to be attached to CHP 36 upon return

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

When property is taken by CHP that may be returned to its owner, the ____ ___ shall mail a locally produced property notice letter to the owner advising that the ___ will be disposed of in ____ days if not claimed.

A

evidence officer, property, 60

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

CHP 36 forms and all other documents attached to it ___ be _____ for the life of the evidence, associated case, or report filed at the Area

A

shall, retained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

When handling any controlled substances, biological hazards or hazardous materials the evidence officer shall wear following five protective equipment items:

A
  1. safety goggles
  2. masks
  3. gloves
  4. lab coat
  5. latex gloves
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

Used protective equipment ___ ___ disposed of as ____ ___ in an area designated by the ____ _____

A

shall be, hazardous waste, Area commander

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

Testing or opening of any package containing a controlled substance ___ __ done in a ____ area.

A

shall be, well-ventilated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

____, ____, or ____ shall not be allowed in the area where controlled substances are stored and handled.

A

eating, drinking, smoking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

Officers handling hazardous substances ____ ___ in an area _____ from other employees and foot traffic and place a ___ or ____ ___ to warn other employees that Hazardous materials are being handled

A

shall work, isolated, sign, orange cone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

Penal Code Section 11108 requires all ____ ____ or ____ to be entered into the CA DOJ ____ or ____ as appropriate

A

serialized evidence, property (found/recovered), APS, AFS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

Property held for _____ only is not required to be entered into APS unless it is a ____ in which is shall be entered into _____.

A

safekeeping, firearm, AFS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

All ____ or ____ ___ ___ coming into the possession of the Department ____ ___ entered into AFS

A

firearms, conductive energy weapon, shall be

83
Q

The Department is committed to tracing the origin and history of all _____ coming into its possession, therefore all firearms shall be entered into the _____ ____ ____ ____.

A

firearms, ATF electronic tracing system

84
Q

All firearms associated with a ___ ___ that come into the custody of the Department ___ __ entered into the ______ unless the any of the three following:

A

criminal act, shall be, National Integrated Ballistics Identification Network and Identification System (NIBIN/IBIS)

  1. NIBIN/IBIS lab is not readily available
  2. extenuating circumstances prevent Area from submitting
  3. lab work would prevent the timely processing of the firearm, consult DA

Note: if unable to enter a memo explaining reason shall be prepared and signed by commander and attached to CHP 36

85
Q

Prior to purging of evidence, the evidence officer should consistently ____ and ___ the status of cases

A

check, document

86
Q

Purging of Evidence can involve one of the following 8 methods:

A
  1. return to owner
  2. sale
  3. destruction
  4. recycle
  5. discard (items of little value)
  6. other claims of ownership (civil, pawn, insurance)
  7. donations (local charity)
  8. departmental training aid (req Asst Commissioner approval)
87
Q

Evidence officers ___ purge evidence on a ____ basis, and check all ____ and all ______

A

should, weekly, defendants, charges

88
Q

Misd/Infraction evidence ___be checked after ___ months

A

shall, six

89
Q

Felony evidence ____ be checked ____ year after booking and ____ ____ after.

A

shall, one, every year

90
Q

Case status after ____ year for MVARS should be checked, per CGC Section 34090.6 routine MVARS discs can be destroyed after ____ ____

A

one, one year

91
Q

Document in the ____ ___ the last time the case status was checked.

A

evidence log

92
Q

Cases declined by the prosecutor ___ be disposed of ___ ___ after the date of arrest

A

shall, 90 days

93
Q

Adjudicated records ___ be forwarded to the evidence officer within two ____ ___ of receipt by the court officer

A

shall, working days

94
Q

Evidence attached to crime with unknown suspect may be disposed with the concurrence of the ____ and a supervisor.

A

I/O, supervisor

95
Q

Cases pending adjudications, evidence ___ be held for the time prescribed by law.

A

shall

96
Q

Pending adjudication offenses punishable by death or life; or which involve embezzlement of public money or falsification of public documents shall be held for:

A

HOLD INDEFINITELY

97
Q

Pending adjudication evidence of a felony sexual offense shall be held for:

A

HOLD FOR TEN YEARS

98
Q

Pending adjudication evidence of offenses punishable for eight or more years shall be held for:

A

SIX YEARS

99
Q

Pending adjudication evidence of 368 PC (elder abuse) shall be held for:

A

HOLD FOR FIVE YEARS

note: except theft/embezzlement

100
Q

Pending adjudication evidence of offenses punishable by imprisonment in state prison shall be held for:

A

HOLD THREE YEARS

101
Q

Pending adjudication evidence of misdemeanors/infractions shall be held for:

A

HOLD FOR ONE YEAR

102
Q

Cases that have not been adjudicated and the statute of limitations have run, evidence officer ____ check for _____; if yes then evidence is to be _____.

A

shall, warrants, held

note: prosecutor’s office shall be contacted to determing if evidence may be dispo’d

103
Q

Threshold incidents are defined in _____

A

GO 100.68

104
Q

Evidence involving a Threshold incident ___ be held for at least ____ ____ unless otherwise specified by Office of Internal Affairs or Risk Management Unit within the Office of Legal Affairs

A

shall, ten years

105
Q

Evidence involving a Threshold incident in which resulted in prison shall be held for ___ or ____ of _____; whichever is longer.

A

ten years, length, sentence

106
Q

Prior to releasing evidence to allied agency, DA, or city attorney involving a Threshold incident, contact _____, _____ or _____ for guidance. The evidence officer also ___ determine if any civil litigation is pending and ___ contact the ___ ___ ___ to determine parole status of any involved.

A

Office of Internal Affairs
Risk Management Unit
Office of Legal Affairs
shall, shall, state parole board

107
Q

Approval ____ be obtained from ____ ___ ___ and ____ ___ ___, case management unit prior to destruction of evidence involving a Threshold incident

A

shall, Office of Internal Affairs, Office of Legal Affairs,

108
Q

Retention of CEW cartridges or related evidence from a NON Threshold incident ___ be based on the retention of the ______.

A

shall, CHP 268

109
Q

MAIT evidence ___ be held for ____ years, contact _____ ____ ___, case management unit or ____ ____ for approval of disposal.

A

shall, TEN, Office of Legal Affairs, MAIT Supervisor

110
Q

Adjudicated case evidence must be held until the period for appeals has expired, they are as follows:

A

Felonies, 90 DAYS
Misdemeanors, 60 DAYS
Juvenile, 90 DAYS

111
Q

Evidence for cases up for appeal will be held until final adjudication up to ___ ____. If at the end of the ___ ___ period the case is still pending appeal, a ___ ___ is required and SHOULD BE SOUGHT for disposal of the evidence

A

five years, five years, court order

112
Q

Evidence involving diversion cases must be held for the ____ of ____ ____. If diversion is not completed _____ to purge the evidence ___ be obtained from the ____

A

duration, diversion period, authorization, shall, court

note: some courts require “guilty plea” for diversion which may allow for destruction of evidence prior to completion of programs

113
Q

Evidence involving Admin proceedings shall be held until:

A

proceedings have been completed

114
Q

Any biological evidence used to convict ___ be retained for the duration of _____. Biological evidence may be destroyed earlier if the following two items are completed:

A

shall, incarceration,

  1. notify person incarcerated, counsel of record, public defender in the county, city or district attorney and the Attorney General of intention to destroy evidence
  2. if evidence officer does not receive within 90 days of sending letter, a motion not to destroy or request with promise to file a motion within 180 days
115
Q

If a lab retains and ____ biological or controlled substances per their policy, the evidence ____ be considered ____ ____ to the laboratory. Close the evidence number once the report is received and attach to the _____

A

destroys, shall, released evidence, CHP 36

note: in event the lab returns the evidence after the number has been closed, a new number SHALL BE ASSIGNED and noted in remarks of old evidence number

116
Q

Evidence which no longer has evidentiary value becomes ____.

A

property

117
Q

The four methods of disposal of property are:

A
  1. Return to owner (not used in commission of crime, or contraband)
  2. Stolen or Embezzled property return (photographic release)
  3. Destruction (evidence used in commission of crime, CNS, weapons, contraband, little value and firearms)
  4. Departmental use (memo to Asst Commish for approval)
118
Q

When returning property to owner the release requires proof of ____ and ____. Property can not be ___ or have been used in ____ ___ ___.

A

ownership, ID, contraband, commission of crime

119
Q

Stolen or embezzled property can be released when proof of _____ and _____ are copied for file. If item was insured request a _____ from _____ showing no claim of ownership. CHP 36G, notice of ownership and copy of proof ___ be sent certified mail, return receipt to person from whom the ___ ____ ___ and hold an additional ___ days to allow response. (if suspect waived rights at time of arrest, not necessary) In compliance with 1413 PC the evidence officer ____ retain a complete ____ record showing pertinent labels, serial #’s, and unique marks, making sure that the ____ ___ are included in the photos

A

ownership, ID, letter, company, ownership, property was taken, 15, shall, photographic, evidence numbers

120
Q

Property can be destroyed if _____ and of ____ or ___ value. When doubt about the ___ of the item, the item will be _____ and a _____ will witness ____ and sign the _____.

A

unclaimed, little, no, value, photographed, supervisor, destruction, CHP 36

121
Q

Property can be assigned to Departmental use if a ___ is approved by ____ ____. Attach the ____ to the ____ and the property ___ be marked or tagged to read “____ ___ ___ ___ ___”. When no longer needed, the property ____ be returned to the evidence officer for disposal and noted accordingly on the ______

A

memo, Asst Commissioner, memo, CHP 36, shall, use for training purposes only, shall, CHP 36

122
Q

A ____ can give approval for stolen property to be released early to the victim.

A

prosecutor

123
Q

Serialized evidence shall be entered into the APS or AFS, upon disposal the entries ____ be _____

A

shall, deleted

124
Q

License plates are property of the _____ ___ ___ ____ and ___ be returned to the local office.

A

Department of Motor Vehicles, shall

125
Q

Biological hazardous waste is regulated by law and may only be _____. Blood and urine are required to be retained for a period of ___ ___, early adjudication of the case does not relieve the Department of this legal requirement. If obtained with warrant the item ___ be retained until the case is ____ or ____ time expired. In felony cases ____ or ____ ___ should be consulted to dictate final disposition. The evidence officer should attempt to make arrangements with __ __ or crime lab for destruction, if unable; arrange hazwaste disposal company to dispose and complete a ______ and pay using ______.

A

incinerated, one year, shall, adjudicated, appeals, district, city attorney, local hospital, CHP 36E, X number

126
Q

Money booked as evidence ____ be held for the amount of time prescribed by ___ for offense. If owner is know or can be located the money ___ be _____. Money waiting to be claimed including ____ currency should be forwarded to ____ ___ ___ via Area cashier who ____ sign the ___ ____ ___ .

A

shall, law, shall, returned, international, fiscal management section, shall, chain of custody

127
Q

Explosives should be turned over to ____ ___, ___ ___, or ___ ___ ___.

A

allied agency, fire department, bomb disposal unit

128
Q

Evidence obtained by search warrant is property of the ____ and may only be ____ prior to _____ by court order.

A

court, disposed, adjudication

129
Q

Unclaimed property ___ be ____ in ___ __ intervals

A

shall, purged, 90 day

130
Q

Time limits for holding firearm is ____ days and all other property taken from a person is ____ days. Property of little or ___ value is disposed at the ___ level. Other property ___ either be turned over to an ___ ___ for disposal or forwarded to ____ for eventual ____ by the Department of __ ___.

A

180, 90, no, Area, shall, allied agency, SSU, auction, General Services

131
Q

Section 2080.1 requires that property be held for __ days before disposal. Within the ___ period the person from whom the property was taken or owner may do one of the following three:

A

60 days

  1. retrieve the property
  2. authorize, in writing, another person to retrieve the property
  3. notify the public agency, in writing, that they are unable to retrievhe property and request the agency hold the property, the agency then shall hold for additional 10 months not to exceed 12 months ( 60 days + 10 months)
132
Q

Property can be returned to finder after ____ days if value under _____. If the value is over ____ the evidence officer will place a ____ describing property in a ___ ___ for ___ day(s), after seven days the property ___ be given to the finder after payment of _____.

A

90, $250, $250, notice, local newspaper, one, shall, advertisement.

Note: never firearm or shotgun, finder can not be employee

133
Q

To have property returned to owner the evidence officer ____ mail a property notice to owner, the owner needs to provide ____ ____ of ____, which may only be the owner’s ability to ____ the property. A ___ ___ is required if someone picks up the property on behalf of the owner. Property may be mailed out of town via certified mail with return receipt requested to local PD/SO to verify ID and have owner sign _____.

A

shall, satisfactory proof, ownership, describe, notarized letter, release.

134
Q

To return found property to the owner, the statement of description, date and time of loss, place and circumstances of loss should be _____ and _____ by the owner.

A

documented, signed

135
Q

The disposition of all items in a property room ___ be _____ by the evidence officer on the ___ ___ and on the ___ or ______.

A

shall, documented, entry log, CHP 36, CHP 36AIS

136
Q

The Department is under _____ _____ to preserve evidence for civil suits, exceptions being a ___ ___ or ___ __ from Department employee. The Office of Legal Affairs has stated that for evidence involving a civil case that a ____ should be mailed to ____ ____ of interest in the ____ to advise of intent to _____ of ____.

A

no obligation, court order, gratuitous promise, letter, all parties, case, dispose, evidence.

Note: a gratuitous promise implication that evidence from a criminal trial will be preserved or retained for any other purpose such as civil action SHALL NOT be give by Department employee

137
Q

Marijuana booked as property may be released without a ___ ____. Using ___ ___ ___ determine the ___ of the document presented by claimant before releasing. Prior to release _____ and complete the ___ ___ ___ in the CHP 36, make ___ of documents presented and attach to _____.

A

court order, sound professional judgement, validity, photograph, chain of possession, copies, CHP 36

138
Q

Marijuana booked as evidence requires a ___ ___ to release to owner with the valid documentation. Contact the administrative adviser to ____ _____ to review the ___ ____. Prior to release _____ and complete the ___ ___ ___ in the CHP 36, make ___ of documents presented and attach to _____.

A

court order, executive management, court order, photograph, chain of possession, copies, CHP 36

139
Q

If a controlled substance and/or _____ were obtained in connection with a ____ ___, a separate ___ ___ for each case must be obtained for disposal.

A

paraphernalia, search warrant, court order

140
Q

When using an allied agency drug burn their _____ may be used in lieu of CHP ______ to avoid a duplication of paperwork.

A

procedures, procedures

141
Q

Divisions should schedule drug burns ____ a year minimum, and prior to destruction a rep of the Department ___ conduct a random test of the controlled substances scheduled for destruction at the ___ ___ to ensure its _____. _____ ____ shall be notified of any discrepancy.

A

twice, shall, burn site, authenticity, Division commander

142
Q

All drug shipments to burn site will be escorted by ___ ___ to ensure _____, at least __ being an ______. An Area evidence _____ will witness the _____ with evidence coordinator, both will sign all pages of the original ______. If seals are ____ no ____ is required. If the integrity of the seal is compromised an _____ shall be _____.

A

two employees, accountability, one, officer, supervisor, destruction, CHP 37, intact, inventory, inventory, conducted

143
Q

All weapons that come into departmental possession shall be disposed of in a manner consistent with current applicable statues and departmental policy, all serialized firearms must be removed from ____ prior to their release.

A

AFS

144
Q

Weapons listed under 16590 PC, ____ ____, and any weapon used in the _____ of a ______ or ____; shall not be _____ and are to be _____.

A

nuisance weapon, commission, felony, misdemeanor, released, destroyed

note: exception is stolen weapons that were used a nuisance weapons or any weapon modified into a nuisance weapon prior to theft; court order needed to release

145
Q

To release a firearm to its lawful owner ____ ____ ___, a government issued ____, and a ____ ___ from the DOJ is required.

A

proof of ownership, ID, clearance letter (LEGR)

note: evidence officer shall ensure a criminal history check is performed on the claimant prior to release

146
Q

It is the owner of a firearm responsibility to submit a ___ to DOJ with the fees, contact Area holding the gun within ___ days of obtaining a DOJ application.

A

LEGR, 60

Fees are waived if firearm was stolen

147
Q

If owner of a firearm held by the Department fails to notify of DOJ application a notice ____ be mailed notifying of Departments intent to destroy the ____, this notice ____ advise of requirement to contact Area with ___ days, if no contacted has been made within specified time and firearm has been in possession of Department for at least ___ days evidence officer ____ initiate destruction procedures

A

shall, firearm, shall, 30, 180, should

148
Q

The Law Enforcement Gun Release (LEGR) is valid for ____ days

A

30

149
Q

Any person taken into custody for 5150 W&I can not own, possess, control, receive, or purchase a firearm for ____ years after the release date

A

5

150
Q

A person taken into custody for 5150 W&I where a firearm was seized ___ be notified of the ____ ____. The Department has __ days to file petition for a hearing to determine whether the return of the ____ would likely result in endangering the person or _____. The Department shall advise the subject of the right to a ____ on the issue, if the Department fails to initiate the proceedings within ___ days, the firearm ___ be made available for return. If the person does not respond within ___ days of notice and the Department has been in possession for at least ____ days, a petition for order of default hall be filed

A

shall, return procedure, 30, firearm, others, hearing, 30, shall, 30, 180

151
Q

As related to mental illness, no firearm ___ be released to the following four:

A

shall

  1. person admitted to facility and receiving in-patient treatment, judged by physician to be danger to self
  2. found not guilty of crime by reason of insanity
  3. found by court to be incompetent to stand trial
  4. placed under a conservatorship
152
Q

As related to convictions, no firearm ___ be released to the following five:

A

shall,

  1. convicted of felony
  2. addicted to narcotics
  3. convicted of 245, 246, 4179, 417 PC
  4. subject to restraining order issued commencing with 6200 of Family Code
  5. convicted with the last 10 years of misdemeanor violation of any of section 29805 PC
153
Q

Assault weapons are ____ to be _____.

A

not, released

154
Q

Firearms ___ __ be released to minors

A

shall not

155
Q

Firearms with ____ or ____ ____ ____ shall be sent to the Academy WCU; they will attempt to ______ the serial numbers. If the serial numbers can not be restored the weapon ____ normally be destroyed, although a ___ can be assigned from ____ if weapon is being converted to a departmental firearm

A

destroyed, obliterated identification numbers, restore, should, number, DOJ

156
Q

If a weapon is seized during a domestic violence incident, the weapon ____ be held at least ___ hours.

A

shall, 48

157
Q

For weapons seized during domestic violence incident the weapon ___ be made available to lawful owner within five _____ days. A notice ____ be mailed to registered owner within five ___ days with the appropriate DOJ form to facilitate the return or option to _____. If Department believes that return of weapon would endanger the victim or witness, a ____ shall be initiated in the proper ____ and notice sent to owner ___ them.

A

shall, business, shall, business, transfer, petition, court, advising

158
Q

Found firearms ___ not be released to the _____.

A

shall, finder

159
Q

Machine guns ___ be sent to ____ _____ who will forward to _____.

A

shall, Academy WCU, DOJ

160
Q

Court ordered release of a weapon may be ____. Before release of weapon by court order, the ___ ___ shall review the __ ___ or ___ ___ and attempt to discuss the case with I/O. A ___ shall be notified if the evidence officer becomes aware of facts that in his/her judgement should ____ the ____ of the weapon. The weapon will not be ___ with approval of the _____. The Area commander or ___ will immediately contact the ______ and request a hearing on the matter before the ____ who issued ____ ___. The Department has ___ days to appeal the court order.

A

appealed, evidence officer, arrest report, property report, supervisor, prevent, return, released, supervisor, designee, DA/City Attorney, judge, release order, 10

161
Q

Weapons that are no longer needed as evidence, which have been held for ____ days, _____ be sent to ___ ____ for ____. A ___ ___ may be necessary.

A

180, shall, Academy WCU, destruction, court order

162
Q

The property supervisor is appointed by ___ ____ and ____ conduct inspections of the property room on a ___ basis. During the inspection, packages _____ ____ be opened to ____ contents.

A

Area commander, shall, quarterly, shall not, verify

163
Q

During quarterly inspection of property room at least ___ ___ of the property numbers with a minimum of ___ items from the date of the ___ _____ to current date ___ be inspected.

A

ten percent, ten, last inspection, shall

164
Q

If during a quarterly inspection of ___ percent of the property room, discrepancies are revealed and additional ___ ___ or ____ items shall be inspected, if further discrepancies are revealed the ____ property system ____ be inspected to ensure compliance with ___ and legal statutes.

A

ten, ten percent, ten, entire, shall, policy

165
Q

During a quarterly inspection ___ ____ of each of the four categories will be inspected. If ten percent is less than __ items a ___ ___ of that category will be inspected; if there is no activity in a selected category for time frame inspected a minimum of ten property receipts of that category ___ be pulled and inspected.

A

ten percent, ten, 100 percent, shall

166
Q

Property is sub-categorized into four areas, they are:

A

firearms
money
drugs
other

167
Q

During a quarterly inspection at least ___ property receipts ____ be inspected by confirming status in _____ (dispo, type, status) and verify disposition of ____ and corresponding ______ ____.

A

ten, shall, AIS, item, closing documentation

168
Q

After a quarterly inspection of the property room, a ____ shall be written for ______ review and signature. The memorandum will include the areas of inspection, ____, and any ______ for corrective action. Additionally, the memorandum shall list all of the ____ _____ and copies of records supporting the findings. The memorandum ___ be retained for ___ years.

A

memorandum, commander, findings, recommendations, items inspected, shall, two

169
Q

The commander ___ conduct at least one ____ inspection of the property room per _____ year. At least ___ property receipts shall be traced to assure they are accounted for and properly _____, a memorandum ___ be completed.

A

shall, unscheduled, calendar, ten, documented, shall

170
Q

An inventory of the property room shall be conducted ___ to ensure the integrity of the system and ___ include all items which have a ___ ___. The inventory ___ be broken down into partial inventories ultimately completing 100% by end of each calendar year. ____ ___ will not be required unless reasonable amount of discrepancies are found during inspections.

A

annual, shall, bar code, may, MVARS discs

171
Q

An inventory of the property room shall be conducted upon ___ ___ ___, change of __ ___, and anytime there is doubt as to the ___ ___ ___ ____. The inventory may be performed ___ or using the AIS ___ ____ ____.

A

change of command, property officer, integrity of the system, manually, bar code scanner

172
Q

Property supervisors ____ document the inventory on a _____ to the Area. The commander shall ___ and ____ the ___ _____. The report shall address the inventory method, ____, additional areas inspected and any followup or ___ ____ taken. The ___ most recent inventories will be retained on file at the Area.

A

shall, memorandum, review, sign, inventory report, results, corrective action, two

173
Q

A ____ ___ shall be maintained in the property room, to document all entries by any person other than the ____ ___. Name, ____, ____ and time of entry will be recorded.

A

security log, property officer, ID #, date

174
Q

Keys for the property room shall marked “___ ___ __”. There should only be ___ key for each primary ___ __ and one ____ key for emergencies. The emergency key ___ be placed and sealed with evidence tape by the ___ ___ in the envelope with date, initial and ____ on seal.

A

do not duplicate, one, property officer, commander, shall, property officer, ID #

175
Q

The use of emergency key is restricted to the ____ or ____ ____. If emergency key is used it ___ be returned to ___ __ to be ____. If property officer is on vacation the key ___ be left with _____. If during unexpected absence the Area should attempt to ____ the key however the commander may approve emergency key use.

A

commander, commanders alternate, shall, property officer, repackaged, shall, alternate, obtain

176
Q

Upon change of property officer the following should be done:

A
  1. 100 percent inventory
  2. locks shall be changed
  3. biometric access shall be updated immediately
  4. shall be documented on memo to Area
177
Q

Property rooms shall meet minimum requirements including being secured with a deadbolt lock, or key cards in conjunction with PIN or _____ may be used instead of deadbolt if used in with _____ _____.

A

biometeric, intrusion alarm

178
Q

Property rooms shall not:

A
  1. have windows
  2. be used for storage
  3. false ceilings
  4. outside hinges
  5. have external sign or markings
  6. have anyone in the room without property officer, area supervisor or manager
179
Q

In addition to required locks the property room also requires that pass through lockers be ____ from the ____ to prevent authorized entry, property _____ ___ be left in temporary ____ more than ___ day(s) excluding weekends and _____, drugs, currency and _____ should be ____ from other _____, property for safe keeping should be ______ separately from evidence, shelves, bins and drawers should be ____.

A

secured, inside, shall not, lockers, one, holidays, valuables, separated, property, stored, numbered

180
Q

If cabinets are used in place of room, the ____ shall ensure the cabinet is tamper proof

A

Area

181
Q

Tampered or opened packages ___ ___ reported to ____, if tampered or opened package contains controlled substance it ___ __ returned to the lab to be analyzed again.

A

shall be, supervisor, shall be,

182
Q

Should there be any unaccounted for discrepancy between the weight or original lab analysis and the later weight or analysis an ____ ____ shall be conducted. Actions taken by the ____ should be documented on a ____ and attached to the _____. The command shall be cognizant of ______ when requesting an employee to write such a ____.

A

internal investigation, command, memorandum, CHP 36, POBR, memorandum

183
Q

A vehicle may be seized per Section 22655.5 VC when there is ___ ___ to believe the vehicle was used to commit a public offense; or an officer has probable cause to believe the vehicle itself is ____ indicating that a crime has been committed; or the vehicle contains evidence that cannot be ____ ____.

A

probable cause, evidence, readily removed

184
Q

Before impounding a vehicle for 22655.5 VC _____ from a supervisor or ___ shall be obtained, the supervisor _____ ensure the contract evidence tow is used. The CHP 36 and _____ shall be completed, the tow operator will __ both. The ___ ____ ____ page remains with the ____ in a plastic bag within the ____ _____.

A

permission, OIC, shall, CHP 180, sign, chain of custody, vehicle, glove box

185
Q

A vehicle that is going to be impounded for evidence ___ ___ be moved until original condition and position have been ____ and _____

A

should not, recorder, photographed

186
Q

The evidence officer ____ provide notification to the _____ or ____ within ___ hours of vehicle impoundment not including ____, ____, or _____. This notification shall include if there was a ______ ____ or no ___ ___.

A

shall, DA, City Attorney, 72, Sat, Sun, Holidays, in-custody arrest, no arrest.

187
Q

In cases where a vehicle is seized as evidence of a crime when no arrest is made, the ____ shall ensure that the vehicle is inspected and/or processed in a ___ ___.

A

commander, timely manner

188
Q

Evidence officer ___ track vehicular evidence to verify that one or more of the following have been completed:

A
  1. criminal charges have been filed
  2. vehicle inspection is completed
  3. the vehicle no longer has evidentiary value
189
Q

When a vehicle impounded for evidence is ready for release the evidence officer ___ ensure R/O or L/O are notified in writing by ____ ___, phone contact ___ also be attempted to expedite the process, inform R/O of the fees, and contact the __ ___ and advise the vehicle for release.

A

shall, certified mail, should, tow operator

note: a vehicle impounded for the purpose of searching for evidentiary item as result of collision may generally be release without violating the defendants right to due process

190
Q

Officer’s driving MVARS equipped vehicles __ utilize a ____ in the MVARS per GO ____, and ___ ___ make copies, ___ a copy or retain the contents of the _____ ____.

A

shall, DVD, 100.61, shall not, record, MVARS DVD

191
Q

The _____ is the mobile In-Car Camera DVD evidence log. The ____, ____ or coordinator ___ complete documenting all DVD’s issued for the day. This form contains a ___ ____ ___ page, and if a ____ ___ is captured on a MVARS DVD the case or cite # tied to the even shall be entered.

A

CHP 36D, sgt, OIC, shall, chain of custody, significant event

192
Q

The ____ is an internal form that should be completed when requesting a copy of an event on a MVARS DVD, the ___ shall be placed in suspense file until copy is returned; once the ___ is returned the _____ should be attached to the ____ and filed.

A

CHP 36F, original, copy, CHP 36F, CHP 36D

193
Q

A _____ MVARS Digital Media Admin Per Se Disclosure and Use Agreement ___ be completed with a copy of an MVARS recording is requested for use in an ___ ___ ___ __

A

CHP 36M, shall, admin per se hearing

194
Q

MVARS DVD’s ___ be stored in the ___ ___ in a departmentally approved ____ ___; a secured, tamper proof cabinet secured to floor or wall ___ be used if the MVARS are stored outside of the ____ ____. ____ and ___ shall be the only persons in possession of the keys.

A

should, storage cabinet, property room, shall, property room, commander, coordinator

195
Q

Only ___ ___ markers ___ be used to write on the MVARS DVDs

A

fine point, shall

196
Q

MVARS DVD __ be submitted at the end of ___ shift, SGT, OIC, or ____ shall verify the DVD’s are properly ____, the _____ shall be verified to make sure all the ____ were submitted, and form is ____ along with required ____. Any DVD determined to contain significant event shall be placed in a ___ ___. The original _____ and the DVD’s shall be secured in a temporary evidence locker or given to the ____ directly

A

shall, each, coordinator, marked, CHP 36D, DVDs, complete, signatures, red sleeve, CHP 36D, coordinator

197
Q

When receiving MVARS DVDs no ___ entry is required, only ___, ____, or ____ shall retrieve the DVDs from temporary evidence, and ___ verify all the DVDs are accounted for and are consistent with the ____, then ___ sign the bottom of the ____ confirming receipt of DVDs listed

A

AIS, SGT, OIC, Coordinator, shall, CHP 36D, shall, CHP 36D

198
Q

For K9 and resident post MVAR unit an ____ may be developed for policy on DVDs. DVDs may be ____ in the patrol vehicle until DVD nears ____, although a DVD containing a significant event ___ be submitted as soon as ____

A

SOP, retained, capacity, shall, possible

199
Q

Any discovery requests or legal questions regarding MVAR DVDs not covered in the evidence manual should be referred to __ ___ ___

A

Office of Legal Affairs

200
Q

Copies of MVAR DVDs should be given for free unless request was made under the IPA, PRA, Admin Per Se or for a ____ _____.

A

civil case

201
Q

MVAR DVDs may be used for ___ purposes but graphic videos ____ not be used, and videos ___ not involve an active ____, ___ ___, or any incident likely to result in litigation.

A

training, should, shall, investigation, legal proceedings

202
Q

MVAR DVD quarterly inspection ___ be conducted by the ___ ____, they shall select ___ __ of the CHP 36Ds and verify each MVARS DVD corresponds, they should also check ___ DVD per ____ to ensure it plays properly and the recording is free from degradation. If discrepancies are discovered an additional ___ ____ shall be inspected

A

shall, evidence supervisor, ten percent, one, month, ten percent

203
Q

Per GC 34090.6 all MVAR DVDs ____ be retained for ___ ___.

A

shall, one year

204
Q

MVAR DVDs used for Admin purposes ___ be retained for ___ ___; prior to purging the evidence officer ___ make sure any appeal process has ____ and/or been ____

A

shall, one year, shall, expired, exhausted

HPM 70.1 Evidence Manual (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions