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Rowe's updated Flashcards > HPM 70.1 - EVIDENCE > Flashcards

HPM 70.1 - EVIDENCE Flashcards

1
Q

Different types of evidence: (4 types)

A
  1. Direct evidence
  2. Circumstantial evidence
  3. Testimonial
  4. Physical evidence
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2
Q

5 basic criteria for the evaluation of physical evidence:

A
  1. Relevancy
  2. Identifiable
  3. Legally Obtained
  4. Continuity (chain of possession)
  5. Integrity (not contaminated)
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3
Q

An investigation is a step by step inquiry into the circumstances of an incident to establish _________

A

facts

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4
Q

The objectives of law enforcement investigations are to?

3 things

A
  1. Determine if a CRIME occurred (and what crime)
  2. Identify /secure EVIDENCE of a crime
  3. Identify / locate / apprehend the OFFENDER
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5
Q

Juveniles who are arrested MUST be advised of their rights regardless of ___________

A

Questioning

with or without questioning

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6
Q

When evidence is collected, it should remain in ______________________________

A

the container in which it was found in

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7
Q

What material provides the best storage for MOST evidence

A

Plastic, tamper-resistant, bags

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8
Q

__________ bags shall NOT be used for packaging items that might have biological material (blood, semen, saliva, fingerprints, blood stains, most items)

A

Plastic

(it can cause specimens to retain moisture/bacterial growth)

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9
Q

__________ can be used for the storage of larger items and items that might contain biological material such as clothing.

A

Manila envelopes or kraft paper bags

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10
Q

_________ should NOT be used to seal evidence in any type of container

A

Staples

they make opening the container difficult, and they also leave small holes that can allow a leak

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11
Q

Once removed from a loaded firearm, the chambered round of ammo should be placed in a ________________ separate from any other ammo

A

Small envelope

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12
Q

Ammo located in a magazine should remain ___________________ when forensic testing of the firearm is needed

A

Remain in the magazine

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13
Q

When the Dept takes custody of a firearm, a _______________ describing the firearm SHALL be issued to the person who possessed the firearm

A

Receipt

It’s the yellow copy of the 36 form

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14
Q

For a confiscated firearm, the CHP 36 receipt shall include the following info:

A
  1. Make / model
  2. Serial #
  3. Location where it was booked/stored
  4. Time limit for recovery for owner
  5. The date after which the owner can pick it up
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15
Q

If a gun is seized at a scene and needs forensic testing and a gun box is not available, gun should be placed in a _________________

A

Manila envelope for transport back to office for proper packaging

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16
Q

Computer Evidence: If a computer is off, you should ____________________

A

Leave it off

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17
Q

Computer Evidence: Since forensic evidence can be destroyed with a simple click of mouse, you should immediately _____________________

A

Restrict access to the computer and immediate area.

Also DO NOT attempt to use the computer to search for evidence

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18
Q

Computer Evidence: Package the computer components in what type of containers?

A

Non-static containers (paper bags and cardboard boxes)

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19
Q

Computer Evidence: While transporting the computer components, place the evidence where in the patrol car?

A

Floorboard of the back seat (away from radio system)

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20
Q

Cell Phone Evidence: if the device is off, you should do what?

A

Leave it off. Remove battery

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21
Q

Cell Phone Evidence: If the cell phone/tablet is on, you should do what?

A

Leave it ON. Powering it off could enable a password prompt

Also, remove any SIM cards / place into Airplane mode

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22
Q

All paper and cardboard product packaged items shall use ___________ to securely close the package

A

Strapping tape

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23
Q

All controlled substances (except marijuana) and all unknown substances SHALL be __________________ and sealed using heat seal polyester bags

A

Double-bagged

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24
Q

All drugs, controlled substances (including pills) and marijuana submitted as evidence SHALL be weighed both ______ to and _______ packaging

A

Prior to and after packaging

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25
Q

Pills shall be _________ and not counted

A

Weighed

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26
Q

Drugs with street value of $10,000 or more, SHALL NOT be stored where?

A

Shall not be stored in a temporary evidence locker. They shall be secured inside the evidence room immediately after packaging.

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27
Q

Money SHALL be counted by ___ employees regardless of amount, one of whom SHOULD be a ______________

A

2 employees

One should be supervisor

BOTH shall add names, ID’s and sign the CHP 36

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28
Q

The weight of the substance in its original container is it’s ____________ weight

A

Net Weight

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29
Q

The weight of the substance AFTER it’s been sealed in a package is it’s _________ weight.

A

Gross Weight

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30
Q

Money in excess of $1,000 seized as evidence or for safe keeping, SHALL NOT be stored where?

A

Shall not be stored in temporary locker. Shall be stored in evidence room. Notify evidence officer - they SHALL respond

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31
Q

Firearms seized for DV, shall be seized for at least ____ hours

A

48 hours

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32
Q

How often shall the property supervisor conduct inspections of the property system?

A

Quarterly

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33
Q

Inspection: Random sample of ___% of items with a minimum of ___ items

A

10 %

Minimum of 10 items

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34
Q

Evidence is either ___________ or _____________

A

Direct or circumstantial

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35
Q

The 2 most effective searches for OUTSIDE

A

Strip method

Grid search

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36
Q

Before searching the scene, the scene should be ________

A

photographed

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37
Q

________ should not be used to seal evidence in any type of container. They make opening the container difficult, and they also leave small holes that can allow evidence to leak out.

A

Staples

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38
Q

Evidence tape seals shall have what written on them so that the markings are on both the evidence tape AND the packaging?

3 things

A
  1. Your initials
  2. ID #
  3. Date packaged
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39
Q

When transporting computer evidence, place the packaged material away from _____________________. If possible, place the evidence on the floorboard in the ________________ of the patrol car.

A

Away from the PV’s radio system

Rear floorboard

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40
Q

What items require the blue “sensitive” item serialized evidence tape strips?

A

Controlled substances and money

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41
Q

Alcoholic beverage evidence should not normally be seized. Except for _______ cases.

A

Felony

(fingerprints, under 21, contains drugs)

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42
Q

Any type of ammo FOR EVIDENCE (fired cases, fragments, pellets, unfired bullets, loaded magazines) should be packaged in ________________-

A

Kraft paper / manila-type envelopes

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43
Q

Any type of ammo FOR SAFEKEEPING/FOUND (fired cases, fragments, pellets, unfired bullets, loaded magazines) should be packaged in ________________-

A

plastic evidence bags

Separate calibers

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44
Q

Never package bloody items in ________

A

plastic

will deteriorate

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45
Q

DVD / CD sleeve envelope is a CHP ________

A

CHP 557

46
Q

What type of gloves shall be used when handling drugs/controlled substances/weed?

A

Disposable high-risk nitrile gloves

NOT LATEX

47
Q

ALL CONTROLLED SUBSTANCES (except weed) shall be _________ bagged and sealed using ____________ bags

A

Double bagged

Heat seal polyester bags

48
Q

Can you package more than one type of drug together in same package?

A

No - shall only be one per package

49
Q

The weight of the drug and its original packaging is called the __________ weight

A

Item weight

50
Q

The weight of the drug and containers AFTER they have been placed in heat sealed bags is called the ________ weight

A

Package weight

51
Q

Marijuana must be completely dry before packaging. Shall be packaged in ______________

A

Paper envelopes or bags

PAPER!!!!

52
Q

Can pipes, needles or paraphernalia be packaged with controlled substances?

A

No

Must be separate

53
Q

Drugs with street value over $10,000 SHALL NOT be stored where?

A

NOT stored in a temp locker (including pass-through locker)

Shall be secured inside evidence room.

54
Q

Live marijuana plants? Can they be removed from soil or container?

A

No - store in paper bags, cardboard container, wrap in paper

55
Q

If any item needs to be fingerprinted, packaging in _______ may destroy the prints.

Pack in ____________

A

Plastic will destroy prints

Pack in paper or a cardboard box

56
Q

How many firearms can you put into a gun box?

A

Only one per box

DO NOT SEAL THE BOX.

57
Q

If seized gun is already in a gun case, do you take it out?

A

It may remain in that case.

58
Q

Ammo magazine SHOULD or SHALL NOT be unloaded for firearms being submitted for forensic testing?

A

SHALL NOT

If round was chambered - submit the round with the magazine, but in a separate paper envelope

59
Q

Flammables shall be stored _________________

A

outside the office.

Never store them in office.

60
Q

Packaging knives for evidence - Do not place the knife back in it’s _________

A

Sheath

Package the sheath separately

61
Q

Money that has evidentiary value that requires testing (DNA, blood) shall be packaged in a _______________

A

Kraft paper / manilla envelope

62
Q

Money seized for asset forfeiture should be documented on a CHP ____ - Financial Tally

A

CHP 308

63
Q

Money booked for no evidentiary value (safekeeping/found) should be packaged in ______________

A

plastic evidence bags and sealed with BLUE sensitive tape

64
Q

Money in excess of $1,000 seized as evidence OR for safe keeping SHALL NOT be stored where?

A

in temp evidence locker.

Shall go directly to evidence room safe, or safety deposit box at a bank

65
Q

Should officer RE-CAP needles that are bent, broken or removed from broken syringes?

A

NO - SHALL NEVER do this

And shall not remove contents from a syringe

66
Q

Found property valued at less than $250 must be held for at least ___ days

A

90 days

67
Q

Retention

The CHP 36 forms shall be retained for the life of the evidence plus ____ years

A

5 years

68
Q

Large quantities of controlled substances (over 10lbs) may be _________ without a court order

A

Destroyed

69
Q

What is required for all hazardous chemicals present in the workplace?

A

a SDS - Safety Data Sheet

Used to be called MSDS

70
Q

Can officers perform presumptive field tests (drug tests) solely to confirm the ID of suspected narcotics?

A

NO - shall not

71
Q

Evidence seized through a search warrant can only be released with a ____________

A

court order

72
Q

All firearms, whether found, seized as evidence, or held for safekeeping, coming into possession of the Dept shall be entered into the ______ and the ________

A

AFS - Automated Firearms System

and

eTrace - Electronic Tracing System

73
Q

SAFE-T =

A

Sexual Assault Forensic Evidence Tracking

tracks the status of all sexual assault evidence kits collected in the state

74
Q

Unclaimed evidence or property of little or no monetary value, nuisance weapons, firearms, contraband, evidence used in commission of a crime, and controlled substances SHALL be ___________

A

destroyed

Shall be witnessed. Should be a supervisor witness.

75
Q

Evidence officers should purge evidence on a _______ basis

A

Weekly

76
Q

Need approval from supervisor prior to towing vehicle for evidence?

A

Yes

77
Q

If vehicle taken for evidence, notify City/DA within ____ hours

A

72 hours of vehicle impoundment

78
Q

Heat sealed bags must be _____ and _______ by the officer

A

Initialed, ID# and dated

79
Q

Narcotics shall be sealed in _________ bags

A

polyester heat seal bags

80
Q

Purging Evidence:

For misdemeanor/infraction evidence, case status shall be checked after ____ months

A

after 6 months

81
Q

Purging evidence:

For felony evidence, case status shall be checked after how long?

A

After one year, and every year after

82
Q

If case is declined by prosecutor, the court officer shall alert the evidence officer within ____ working days of notification

A

within 2 days

Evidence can then be disposed of

*Note: there is a 90 day appeal period for felonies so gotta wait
* 60 days for misdemeanors
* 90 days for juveniles

83
Q

If suspect is UNKNOWN, evidence officer may destroy evidence with concurrence of ________ and investigating officer

A

Sergeant

84
Q

Holding periods for evidence tied to cases pending adjudication:

  1. Death/Life Sentences:
  2. Felony sexual assault:
  3. Jail 8+ years:
  4. Elder Abuse:
  5. State Prison:
  6. Misd/Infractions:
A
  1. Death/Life Sentences: INDEFINITELY
  2. Felony sexual assault: 10 YRS
  3. Jail 8+ years: 6 YRS
  4. Elder Abuse: 5 YRS
  5. State Prison: 3 YRS
  6. Misd/Infractions: 1 YR
85
Q

If found property is less than $250 in value and 90 days has passed, it can be ____________

A

May be given to finder

86
Q

If found property is more than $250 in value and 90 days has passed, evidence officer must do what?

A

Place AD in local paper for ONE day. Finder must pay for advertising cost. After 7 days, shall be given to finder

87
Q

Property held for safekeeping - held for ___ days before disposal.

A

60 days

88
Q

Threshold Incident evidence and evidence from incidents that may result in liability for the Dept - shall be held for at least ___ years

A

10 years

89
Q

Non-threshold incident evidence - shall be retained for ___ years

A

5 years

90
Q

Civilian complaint evidence (admin evidence) shall be held for ___ years

A

5 years

91
Q

Evidence officer shall destroy evidence within __ days of date of arrest

A

90 days

92
Q

Sexual assault kits (and other evidence from unsolved sexual assault cases, SHALL NOT be destroyed or disposed of for at least ___ years

A

20 years

If victim is under 18, not before their 40th birthday

93
Q

Blood and urine samples are required to be kept for how long? (to allow defendant to have their own test conducted)

A

1 year

94
Q

CA plates go to ________

Out of state plates should be _________

A

DMV

destroyed locally

95
Q

If owner of money is unknown or can’t be located, money should be sent to _____________

A

FMS - Fiscal Management Section

96
Q

Counterfeit money should be sent to __________

A

US Secret Service

97
Q

Does Dept have any obligation to preserve evidence for CIVIL suits in which the Dept is NOT a party?

A

No

98
Q

MVARS video to be destroyed after how long?

A

1 year

99
Q

Weed that was booked as EVIDENCE, needs a __________ to be released

A

court order

100
Q

Over the counter prescription meds (not listed on schedules 1-5) may be disposed of locally by _______________ and shall be witnessed

A

Throwing them in trash

Should be witnessed by Sgt

101
Q

An item, ready for destruction, SHALL NOT be _________ from its packaging

A

opened or removed

102
Q

A __________ is required for the destruction of controlled substances

A

Court order

103
Q

When storing a gun for safekeeping, the Area shall send a property letter by ________ mail with return receipt requested to _____________ after receiving the gun into the evidence room

A

Certified mail

lawful owner

104
Q

Dept must hold onto gun for ____ days before it can be considered unclaimed

A

180 days

105
Q

Weapons seized for DV incidents shall be held for ___ hours

A

48 hours

and released no longer than 72 hours

106
Q

If person was arrested for 5150 they shall not possess a gun for ___ years

A

5 years

107
Q

Firearms SHALL NOT be released to juvenile WITHOUT

A

parental written consent, includes air gun, and ammo

108
Q

How many UN-SCHEDULED property room inspections shall the commander or designee conduct every year?

A

At least one

(at least 10 property items traced / checked)

109
Q

Evidence / property officer changes?

Conduct a ___% inventory and SHALL change the ______

A

100% inventory

change the locks

110
Q

Property / evidence officer’s tenure SHOULD be for a minimum of ___ years

A

3 years

111
Q

Properties SHALL NOT be left in temp lockers more than ____________

A

1 day (doesn’t include weekends/holidays)

112
Q

Evidence tow authority

A

22655.5 VC

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