HPM 70.1 Flashcards
If on scene investigators determine that no crime has been committed the Department has _____ _____ to take evidence.
no authority
After rendering aid, the _____ of the ____ _____ is the most important priority to the first responder.
protection, crime scene
When protecting and _____ a crime scene the following five items are the responsibility of the first officer to arrive on scene.
securing,
- allow only authorized persons to enter crime scene
- maintain log of persons entering and leaving
- establish single route of ingress and egress
- boundary should be initial twice the distance from the center of the scene to the farthest know piece of evidence
- when practical scene securement tape should be used to establish boundaries
No ____ of field notes are necessary when the following three conditions are met:
retention,
- incorporated into report
- formal report accurately reflects the contents of notes
- prosecutor turns copy of formal report to defense prior to trial
T/F: Case law requires all recordings be preserved for trial?
True
Any evidence for administrative investigations shall be retained for ____ years
5
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 ______
thoroughly, accurately, moved, altered, original condition, documented
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 _____
suitable, size, size, clean
Collected evidence should remain in the ___ in which it was ___ ___
container, originally, discovered
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
destroyed, court, order
Clandestine labs shall be treated as ______
Hazmat scene
note: turn over to allied agency with specialized equip
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 ____.
shall be, hauler contracted, required samples, shall not, evidence
When booking evidence, the ___ ___ should be used as often as possible.
plastic bags
_____ are not to be used to seal evidence containers
staples
The evidence officer shall have the ___ __ ____ prior to taking custody of evidence.
right of refusal
Upon identifying a computer to be seized for evidence, _____ shall be ____ _____.
access, immediately restricted
If the computer to be seized utilizes a windows based system, _____ the ___ from the back of the ____ and place ____ over the ____ and ____
pull, plug, computer, evidence tape power supply, any drive or ports
note: if power was off disconnect network cable
If a laptop is to be collected you should disconnect the power supply by ______
removal of the battery
If a cell phone is collected ____ power _____
leave, on
could prevent password activation, collect charging cable
All evidence containers require the following five markings
- evidence #
- item #
- ID #
- Initials
- Date
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)
deface, potential damage, invalidate, firearm defaced
note all weapons shall be unloaded and rendered inop
Clothing and electronic equipment may be marked on the ____ during collection.
labels
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.
receipt,
- make and model
- serial number or other ID markings
- where the firearm may be recovered
- any applicable time limit for recovery
- date after which the owner or possessor may recover the firearm
All evidence ___ ___ marked for ____ and packaged to avoid ____ and to ensure _____.
shall be, identification, contamination, integrity
Under no circumstances shall evidence be stored in____ __ or other unauthorized location
personal locker
Controlled substances (except Marijuana) require ___ ___ and shall be stored ___ ____ in a ___ ___; PCP shall be ___ ____.
special handling, heat sealed, polyester bag, double bagged
All controlled substances shall be ___ to determine the ___ ___ and then ___ ___ after sealing to determine the___ ___.
weighed, net weight, weighed again, gross weight
If you have over ___ or more pills you may obtain weight instead of counting out each pill.
300
Net and Gross shall be documented in the ____ of the ____
body, CHP 36
Multiple controlled substances shall be packaged ____ from other items
separately
Drugs with a street value of ____ or greater ___ ___ be stored in the ___ ____.
$10,000.00, shall not, evidence locker (including pass-through)
evidence locker……not property room!!!!
Any package that appears to have been opened or tampered with after lab analysis shall be ____ to the ___ to be ___ ___. Shall notify ___ ____.
returned, lab, analyzed again, evidence supervisor
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 “____ ____”
unloaded, open, blocked, safety, magazine, unloaded, loaded weapon
Revolvers ___ have the ____ open and _____, plastic tags ___ __ attached to each _____.
shall, cylinder, blocked, shall be, firearm
Flammables ___ __ stored outside of the office in a _____ ___ designed or flammables.
shall be, locked area
_____ shall NEVER be stored in an Area office.
Explosives
When booking syringes and needles, officers shall place needles into ____ ___, close-able, ____ container, they ___ ____ remove ____ from a syringe. Needles ___ __ be manipulated by hand.
puncture proof, labeled, shall not, contents, shall not
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 ____ ____.
shall be, infected, communicable disease, shall have, bodily fluids (air dry first)
____ clothes and ____ shall be worn when dealing with biological hazards.
protective, eye-wear
Do not store ____ ____ in plastic bags as mold and spor growth are a health hazard
wet marijuana
Wet marijuana should be ____, wet marijuana stored in a plastic container lose ____ ___.
dried, evidentary value
Live marijuana plants ___ ___ be ____ from container or soil. Store the plants in ___ ___ or ___ ___ after photographing the plant.
shall not, removed, paper bags, paper wrap
The Department is under ____ ___ ____ to care for plant.
no legal authority
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.
two employees, supervisor, both, CHP 308
Money in excess of ____ shall not be stored in ____. The money shall be secured in the ___ ___, a ___, ___ ___ ___ ___ or safe deposit box.
$1000.00, evidence locker/cabinet, property room, safe, allied agency property room
____ shall be notified to respond, to immediately secure and process cash during work hours or ___ ____. If unavailable the ____ or ___ ___ shall be notified to respond.
evidence officer, after hours, alternate, Area commander
Large sum of money seized not qualified for ____ ____ should go into a interest bearing account. Then contact the evidence coordinator at ___ ___ ___.
asset forfeiture, Office of Internal Affairs
Money booked as evidence ____ be forwarded to ____ ____ ___ (CHP 230 transmittal record). Authorization ___ ___ obtained from ____ or ___ ____ prior to transfer.
shall, Fiscal Management Section, shall be, City, District Attorney
Currency contaminated with Hazmat ____ ___ forwarded, double bagged and _____ as ___ to ___ ___ ___.
shall be, marked, Hazardous, Fiscal Management Section
Badly damaged currency shall be forwarded to ___ ____ ___.
Fiscal Management Section
___ ____ of ____ should not be seized, take a photogaph.
open container, alcohol
If opened container of alcohol is needed for felony or juvenile case and cannot be sealed, ___ contents into ____ ____.
pour, suitable container
All serialized evidence and property booked ____ ___ checked through ___ ___ __ by the _____ officer prior to storage.
shall be, automated property system, booking
If property booked is reported stolen the evidence officer shall request dispatch notify ____ ___ and attach ____ to _____.
reporting agency, printout, CHP 36
All serialized items not held for safekeeping are _____ to be entered into ___ ____ ____.
required, Automated Property System
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 ___ ____ ___.
evidence officer, alternate, duplication, shall, reported, supervisor, evidence officer, shall make, chain of possesion
Recordings taken with a digital device shall be saved to a ___ ___ and saved in ___ or ___ format with overwrite protection.
storage medium, WAV, MP3
Recordings taken from a cassette recorder ____ have cassette tape ____ ____ ___.
shall, booked into evidence
All evidence or property that comes into the control of a departmental employee shall have a _____ completed and be entered into _____
CHP 36, AIS
Recovered stolen property should be ____ and ____ to owner.
photographed, returned
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 ___ ___ ___ ___.
shall be, entity, shall be, as soon as possilbe
note:explanation of how it was obtained should go in the remarks section
Property categorized as ____ is non-evidentiary property fr temporary holding.
safekeeping
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.
shall, supervisor, signs, CHP 36, accepted
When the evidence officer signs the CHP 36 they are confirming that:
they received the property
they have secured the property
they have entered and received the items into AIS
The evidence officer has the right to return evidence or property to the booking officer for the following three reasons.
- incorrect packaging
- incorrect documentation
- missing information
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 _____.
receipt, should, original
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.
CHP 36B, AIS, CHP 36B, life, CHP 36
The evidence officer should print out the _____ _____ ___ quarterly and retain only the most recent print-out.
AIS evidence log
Evidence officer is responsible for maintaining the ___ databse, all property/evidence ____ ___ entered into ____ and assigned a ___ ___.
AIS, shall be, AIS, bar code
Two methods of logging in evidence is accepted, they are:
- 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
If evidence is transferred the ___ __ ___ section of the CHP 36 ___ __ completed by the ___ ___.
chain of possession, shall be, transferring employee
If evidence transfer is conducted through the mail a ____ for receiving ____ ____ and return envelope may be included with the transferred item.
memorandum, agency’s signature
memo to be attached to CHP 36 upon return
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.
evidence officer, property, 60
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
shall, retained
When handling any controlled substances, biological hazards or hazardous materials the evidence officer shall wear following five protective equipment items:
- safety goggles
- masks
- gloves
- lab coat
- latex gloves
Used protective equipment ___ ___ disposed of as ____ ___ in an area designated by the ____ _____
shall be, hazardous waste, Area commander
Testing or opening of any package containing a controlled substance ___ __ done in a ____ area.
shall be, well-ventilated
____, ____, or ____ shall not be allowed in the area where controlled substances are stored and handled.
eating, drinking, smoking
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
shall work, isolated, sign, orange cone
Penal Code Section 11108 requires all ____ ____ or ____ to be entered into the CA DOJ ____ or ____ as appropriate
serialized evidence, property (found/recovered), APS, AFS
Property held for _____ only is not required to be entered into APS unless it is a ____ in which is shall be entered into _____.
safekeeping, firearm, AFS
All ____ or ____ ___ ___ coming into the possession of the Department ____ ___ entered into AFS
firearms, conductive energy weapon, shall be
The Department is committed to tracing the origin and history of all _____ coming into its possession, therefore all firearms shall be entered into the _____ ____ ____ ____.
firearms, ATF electronic tracing system
All firearms associated with a ___ ___ that come into the custody of the Department ___ __ entered into the ______ unless the any of the three following:
criminal act, shall be, National Integrated Ballistics Identification Network and Identification System (NIBIN/IBIS)
- NIBIN/IBIS lab is not readily available
- extenuating circumstances prevent Area from submitting
- 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
Prior to purging of evidence, the evidence officer should consistently ____ and ___ the status of cases
check, document
Purging of Evidence can involve one of the following 8 methods:
- return to owner
- sale
- destruction
- recycle
- discard (items of little value)
- other claims of ownership (civil, pawn, insurance)
- donations (local charity)
- departmental training aid (req Asst Commissioner approval)
Evidence officers ___ purge evidence on a ____ basis, and check all ____ and all ______
should, weekly, defendants, charges
Misd/Infraction evidence ___be checked after ___ months
shall, six
Felony evidence ____ be checked ____ year after booking and ____ ____ after.
shall, one, every year
Case status after ____ year for MVARS should be checked, per CGC Section 34090.6 routine MVARS discs can be destroyed after ____ ____
one, one year
Document in the ____ ___ the last time the case status was checked.
evidence log
Cases declined by the prosecutor ___ be disposed of ___ ___ after the date of arrest
shall, 90 days
Adjudicated records ___ be forwarded to the evidence officer within two ____ ___ of receipt by the court officer
shall, working days
Evidence attached to crime with unknown suspect may be disposed with the concurrence of the ____ and a supervisor.
I/O, supervisor
Cases pending adjudications, evidence ___ be held for the time prescribed by law.
shall
Pending adjudication offenses punishable by death or life; or which involve embezzlement of public money or falsification of public documents shall be held for:
HOLD INDEFINITELY
Pending adjudication evidence of a felony sexual offense shall be held for:
HOLD FOR TEN YEARS
Pending adjudication evidence of offenses punishable for eight or more years shall be held for:
SIX YEARS
Pending adjudication evidence of 368 PC (elder abuse) shall be held for:
HOLD FOR FIVE YEARS
note: except theft/embezzlement
Pending adjudication evidence of offenses punishable by imprisonment in state prison shall be held for:
HOLD THREE YEARS
Pending adjudication evidence of misdemeanors/infractions shall be held for:
HOLD FOR ONE YEAR
Cases that have not been adjudicated and the statute of limitations have run, evidence officer ____ check for _____; if yes then evidence is to be _____.
shall, warrants, held
note: prosecutor’s office shall be contacted to determing if evidence may be dispo’d
Threshold incidents are defined in _____
GO 100.68
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
shall, ten years
Evidence involving a Threshold incident in which resulted in prison shall be held for ___ or ____ of _____; whichever is longer.
ten years, length, sentence
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.
Office of Internal Affairs
Risk Management Unit
Office of Legal Affairs
shall, shall, state parole board
Approval ____ be obtained from ____ ___ ___ and ____ ___ ___, case management unit prior to destruction of evidence involving a Threshold incident
shall, Office of Internal Affairs, Office of Legal Affairs,
Retention of CEW cartridges or related evidence from a NON Threshold incident ___ be based on the retention of the ______.
shall, CHP 268
MAIT evidence ___ be held for ____ years, contact _____ ____ ___, case management unit or ____ ____ for approval of disposal.
shall, TEN, Office of Legal Affairs, MAIT Supervisor
Adjudicated case evidence must be held until the period for appeals has expired, they are as follows:
Felonies, 90 DAYS
Misdemeanors, 60 DAYS
Juvenile, 90 DAYS
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
five years, five years, court order
Evidence involving diversion cases must be held for the ____ of ____ ____. If diversion is not completed _____ to purge the evidence ___ be obtained from the ____
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
Evidence involving Admin proceedings shall be held until:
proceedings have been completed
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:
shall, incarceration,
- notify person incarcerated, counsel of record, public defender in the county, city or district attorney and the Attorney General of intention to destroy evidence
- 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
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 _____
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
Evidence which no longer has evidentiary value becomes ____.
property
The four methods of disposal of property are:
- Return to owner (not used in commission of crime, or contraband)
- Stolen or Embezzled property return (photographic release)
- Destruction (evidence used in commission of crime, CNS, weapons, contraband, little value and firearms)
- Departmental use (memo to Asst Commish for approval)
When returning property to owner the release requires proof of ____ and ____. Property can not be ___ or have been used in ____ ___ ___.
ownership, ID, contraband, commission of crime
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
ownership, ID, letter, company, ownership, property was taken, 15, shall, photographic, evidence numbers
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 _____.
unclaimed, little, no, value, photographed, supervisor, destruction, CHP 36
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 ______
memo, Asst Commissioner, memo, CHP 36, shall, use for training purposes only, shall, CHP 36
A ____ can give approval for stolen property to be released early to the victim.
prosecutor
Serialized evidence shall be entered into the APS or AFS, upon disposal the entries ____ be _____
shall, deleted
License plates are property of the _____ ___ ___ ____ and ___ be returned to the local office.
Department of Motor Vehicles, shall
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 ______.
incinerated, one year, shall, adjudicated, appeals, district, city attorney, local hospital, CHP 36E, X number
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 ___ ____ ___ .
shall, law, shall, returned, international, fiscal management section, shall, chain of custody
Explosives should be turned over to ____ ___, ___ ___, or ___ ___ ___.
allied agency, fire department, bomb disposal unit
Evidence obtained by search warrant is property of the ____ and may only be ____ prior to _____ by court order.
court, disposed, adjudication
Unclaimed property ___ be ____ in ___ __ intervals
shall, purged, 90 day
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 __ ___.
180, 90, no, Area, shall, allied agency, SSU, auction, General Services
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:
60 days
- retrieve the property
- authorize, in writing, another person to retrieve the property
- 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)
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 _____.
90, $250, $250, notice, local newspaper, one, shall, advertisement.
Note: never firearm or shotgun, finder can not be employee
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 _____.
shall, satisfactory proof, ownership, describe, notarized letter, release.
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.
documented, signed
The disposition of all items in a property room ___ be _____ by the evidence officer on the ___ ___ and on the ___ or ______.
shall, documented, entry log, CHP 36, CHP 36AIS
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 ____.
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
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 _____.
court order, sound professional judgement, validity, photograph, chain of possession, copies, CHP 36
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 _____.
court order, executive management, court order, photograph, chain of possession, copies, CHP 36
If a controlled substance and/or _____ were obtained in connection with a ____ ___, a separate ___ ___ for each case must be obtained for disposal.
paraphernalia, search warrant, court order
When using an allied agency drug burn their _____ may be used in lieu of CHP ______ to avoid a duplication of paperwork.
procedures, procedures
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.
twice, shall, burn site, authenticity, Division commander
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 _____.
two employees, accountability, one, officer, supervisor, destruction, CHP 37, intact, inventory, inventory, conducted
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.
AFS
Weapons listed under 16590 PC, ____ ____, and any weapon used in the _____ of a ______ or ____; shall not be _____ and are to be _____.
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
To release a firearm to its lawful owner ____ ____ ___, a government issued ____, and a ____ ___ from the DOJ is required.
proof of ownership, ID, clearance letter (LEGR)
note: evidence officer shall ensure a criminal history check is performed on the claimant prior to release
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.
LEGR, 60
Fees are waived if firearm was stolen
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
shall, firearm, shall, 30, 180, should
The Law Enforcement Gun Release (LEGR) is valid for ____ days
30
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
5
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
shall, return procedure, 30, firearm, others, hearing, 30, shall, 30, 180
As related to mental illness, no firearm ___ be released to the following four:
shall
- person admitted to facility and receiving in-patient treatment, judged by physician to be danger to self
- found not guilty of crime by reason of insanity
- found by court to be incompetent to stand trial
- placed under a conservatorship
As related to convictions, no firearm ___ be released to the following five:
shall,
- convicted of felony
- addicted to narcotics
- convicted of 245, 246, 4179, 417 PC
- subject to restraining order issued commencing with 6200 of Family Code
- convicted with the last 10 years of misdemeanor violation of any of section 29805 PC
Assault weapons are ____ to be _____.
not, released
Firearms ___ __ be released to minors
shall not
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
destroyed, obliterated identification numbers, restore, should, number, DOJ
If a weapon is seized during a domestic violence incident, the weapon ____ be held at least ___ hours.
shall, 48
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.
shall, business, shall, business, transfer, petition, court, advising
Found firearms ___ not be released to the _____.
shall, finder
Machine guns ___ be sent to ____ _____ who will forward to _____.
shall, Academy WCU, DOJ
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.
appealed, evidence officer, arrest report, property report, supervisor, prevent, return, released, supervisor, designee, DA/City Attorney, judge, release order, 10
Weapons that are no longer needed as evidence, which have been held for ____ days, _____ be sent to ___ ____ for ____. A ___ ___ may be necessary.
180, shall, Academy WCU, destruction, court order
The property supervisor is appointed by ___ ____ and ____ conduct inspections of the property room on a ___ basis. During the inspection, packages _____ ____ be opened to ____ contents.
Area commander, shall, quarterly, shall not, verify
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.
ten percent, ten, last inspection, shall
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.
ten, ten percent, ten, entire, shall, policy
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.
ten percent, ten, 100 percent, shall
Property is sub-categorized into four areas, they are:
firearms
money
drugs
other
During a quarterly inspection at least ___ property receipts ____ be inspected by confirming status in _____ (dispo, type, status) and verify disposition of ____ and corresponding ______ ____.
ten, shall, AIS, item, closing documentation
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.
memorandum, commander, findings, recommendations, items inspected, shall, two
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.
shall, unscheduled, calendar, ten, documented, shall
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.
annual, shall, bar code, may, MVARS discs
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 ___ ____ ____.
change of command, property officer, integrity of the system, manually, bar code scanner
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.
shall, memorandum, review, sign, inventory report, results, corrective action, two
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.
security log, property officer, ID #, date
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.
do not duplicate, one, property officer, commander, shall, property officer, ID #
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.
commander, commanders alternate, shall, property officer, repackaged, shall, alternate, obtain
Upon change of property officer the following should be done:
- 100 percent inventory
- locks shall be changed
- biometric access shall be updated immediately
- shall be documented on memo to Area
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 _____ _____.
biometeric, intrusion alarm
Property rooms shall not:
- have windows
- be used for storage
- false ceilings
- outside hinges
- have external sign or markings
- have anyone in the room without property officer, area supervisor or manager
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 ____.
secured, inside, shall not, lockers, one, holidays, valuables, separated, property, stored, numbered
If cabinets are used in place of room, the ____ shall ensure the cabinet is tamper proof
Area
Tampered or opened packages ___ ___ reported to ____, if tampered or opened package contains controlled substance it ___ __ returned to the lab to be analyzed again.
shall be, supervisor, shall be,
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 ____.
internal investigation, command, memorandum, CHP 36, POBR, memorandum
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 ____ ____.
probable cause, evidence, readily removed
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 ____ _____.
permission, OIC, shall, CHP 180, sign, chain of custody, vehicle, glove box
A vehicle that is going to be impounded for evidence ___ ___ be moved until original condition and position have been ____ and _____
should not, recorder, photographed
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 ___ ___.
shall, DA, City Attorney, 72, Sat, Sun, Holidays, in-custody arrest, no arrest.
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 ___ ___.
commander, timely manner
Evidence officer ___ track vehicular evidence to verify that one or more of the following have been completed:
- criminal charges have been filed
- vehicle inspection is completed
- the vehicle no longer has evidentiary value
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.
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
Officer’s driving MVARS equipped vehicles __ utilize a ____ in the MVARS per GO ____, and ___ ___ make copies, ___ a copy or retain the contents of the _____ ____.
shall, DVD, 100.61, shall not, record, MVARS DVD
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.
CHP 36D, sgt, OIC, shall, chain of custody, significant event
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.
CHP 36F, original, copy, CHP 36F, CHP 36D
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 ___ ___ ___ __
CHP 36M, shall, admin per se hearing
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.
should, storage cabinet, property room, shall, property room, commander, coordinator
Only ___ ___ markers ___ be used to write on the MVARS DVDs
fine point, shall
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
shall, each, coordinator, marked, CHP 36D, DVDs, complete, signatures, red sleeve, CHP 36D, coordinator
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
AIS, SGT, OIC, Coordinator, shall, CHP 36D, shall, CHP 36D
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 ____
SOP, retained, capacity, shall, possible
Any discovery requests or legal questions regarding MVAR DVDs not covered in the evidence manual should be referred to __ ___ ___
Office of Legal Affairs
Copies of MVAR DVDs should be given for free unless request was made under the IPA, PRA, Admin Per Se or for a ____ _____.
civil case
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.
training, should, shall, investigation, legal proceedings
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
shall, evidence supervisor, ten percent, one, month, ten percent
Per GC 34090.6 all MVAR DVDs ____ be retained for ___ ___.
shall, one year
MVAR DVDs used for Admin purposes ___ be retained for ___ ___; prior to purging the evidence officer ___ make sure any appeal process has ____ and/or been ____
shall, one year, shall, expired, exhausted
