HPM 70.1 - EVIDENCE Flashcards
Different types of evidence: (4 types)
- Direct evidence
- Circumstantial evidence
- Testimonial
- Physical evidence
5 basic criteria for the evaluation of physical evidence:
- Relevancy
- Identifiable
- Legally Obtained
- Continuity (chain of possession)
- Integrity (not contaminated)
An investigation is a step by step inquiry into the circumstances of an incident to establish _________
facts
The objectives of law enforcement investigations are to?
3 things
- Determine if a CRIME occurred (and what crime)
- Identify /secure EVIDENCE of a crime
- Identify / locate / apprehend the OFFENDER
Juveniles who are arrested MUST be advised of their rights regardless of ___________
Questioning
with or without questioning
When evidence is collected, it should remain in ______________________________
the container in which it was found in
What material provides the best storage for MOST evidence
Plastic, tamper-resistant, bags
__________ bags shall NOT be used for packaging items that might have biological material (blood, semen, saliva, fingerprints, blood stains, most items)
Plastic
(it can cause specimens to retain moisture/bacterial growth)
__________ can be used for the storage of larger items and items that might contain biological material such as clothing.
Manila envelopes or kraft paper bags
_________ should NOT be used to seal evidence in any type of container
Staples
they make opening the container difficult, and they also leave small holes that can allow a leak
Once removed from a loaded firearm, the chambered round of ammo should be placed in a ________________ separate from any other ammo
Small envelope
Ammo located in a magazine should remain ___________________ when forensic testing of the firearm is needed
Remain in the magazine
When the Dept takes custody of a firearm, a _______________ describing the firearm SHALL be issued to the person who possessed the firearm
Receipt
It’s the yellow copy of the 36 form
For a confiscated firearm, the CHP 36 receipt shall include the following info:
- Make / model
- Serial #
- Location where it was booked/stored
- Time limit for recovery for owner
- The date after which the owner can pick it up
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 _________________
Manila envelope for transport back to office for proper packaging
Computer Evidence: If a computer is off, you should ____________________
Leave it off
Computer Evidence: Since forensic evidence can be destroyed with a simple click of mouse, you should immediately _____________________
Restrict access to the computer and immediate area.
Also DO NOT attempt to use the computer to search for evidence
Computer Evidence: Package the computer components in what type of containers?
Non-static containers (paper bags and cardboard boxes)
Computer Evidence: While transporting the computer components, place the evidence where in the patrol car?
Floorboard of the back seat (away from radio system)
Cell Phone Evidence: if the device is off, you should do what?
Leave it off. Remove battery
Cell Phone Evidence: If the cell phone/tablet is on, you should do what?
Leave it ON. Powering it off could enable a password prompt
Also, remove any SIM cards / place into Airplane mode
All paper and cardboard product packaged items shall use ___________ to securely close the package
Strapping tape
All controlled substances (except marijuana) and all unknown substances SHALL be __________________ and sealed using heat seal polyester bags
Double-bagged
All drugs, controlled substances (including pills) and marijuana submitted as evidence SHALL be weighed both ______ to and _______ packaging
Prior to and after packaging
Pills shall be _________ and not counted
Weighed
Drugs with street value of $10,000 or more, SHALL NOT be stored where?
Shall not be stored in a temporary evidence locker. They shall be secured inside the evidence room immediately after packaging.
Money SHALL be counted by ___ employees regardless of amount, one of whom SHOULD be a ______________
2 employees
One should be supervisor
BOTH shall add names, ID’s and sign the CHP 36
The weight of the substance in its original container is it’s ____________ weight
Net Weight
The weight of the substance AFTER it’s been sealed in a package is it’s _________ weight.
Gross Weight
Money in excess of $1,000 seized as evidence or for safe keeping, SHALL NOT be stored where?
Shall not be stored in temporary locker. Shall be stored in evidence room. Notify evidence officer - they SHALL respond
Firearms seized for DV, shall be seized for at least ____ hours
48 hours
How often shall the property supervisor conduct inspections of the property system?
Quarterly
Inspection: Random sample of ___% of items with a minimum of ___ items
10 %
Minimum of 10 items
Evidence is either ___________ or _____________
Direct or circumstantial
The 2 most effective searches for OUTSIDE
Strip method
Grid search
Before searching the scene, the scene should be ________
photographed
________ 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.
Staples
Evidence tape seals shall have what written on them so that the markings are on both the evidence tape AND the packaging?
3 things
- Your initials
- ID #
- Date packaged
When transporting computer evidence, place the packaged material away from _____________________. If possible, place the evidence on the floorboard in the ________________ of the patrol car.
Away from the PV’s radio system
On the floorboard
What items require the blue “sensitive” item serialized evidence tape strips?
Controlled substances and money
Alcoholic beverage evidence should not normally be seized. Except for _______ cases.
Felony
(fingerprints, under 21, contains drugs)
Any type of ammo FOR EVIDENCE (fired cases, fragments, pellets, unfired bullets, loaded magazines) should be packaged in ________________-
Kraft paper / manila-type envelopes
Any type of ammo FOR SAFEKEEPING/FOUND (fired cases, fragments, pellets, unfired bullets, loaded magazines) should be packaged in ________________-
plastic evidence bags
Separate calibers
Never package bloody items in ________
plastic
will deteriorate
DVD / CD sleeve envelope is a CHP ________
CHP 557
What type of gloves shall be used when handling drugs/controlled substances/weed?
Disposable high-risk nitrile gloves
NOT LATEX
ALL CONTROLLED SUBSTANCES (except weed) shall be _________ bagged and sealed using ____________ bags
Double bagged
Heat seal polyester bags
Can you package more than one type of drug together in same package?
No - shall only be one per package
The weight of the drug and its original packaging is called the __________ weight
Item weight
The weight of the drug and containers AFTER they have been placed in heat sealed bags is called the ________ weight
Package weight
Marijuana must be completely dry before packaging. Shall be packaged in ______________
Paper envelopes or bags
PAPER!!!!
Can pipes, needles or paraphernalia be packaged with controlled substances?
No
Must be separate
Drugs with street value over $10,000 SHALL NOT be stored where?
NOT stored in a temp locker (including pass-through locker)
Shall be secured inside evidence room.
Live marijuana plants? Can they be removed from soil or container?
No - store in paper bags, cardboard container, wrap in paper
If any item needs to be fingerprinted, packaging in _______ may destroy the prints.
Pack in ____________
Plastic will destroy prints
Pack in paper or a cardboard box
How many firearms can you put into a gun box?
Only one per box
DO NOT SEAL THE BOX.
If seized gun is already in a gun case, do you take it out?
It may remain in that case.
Ammo magazine SHOULD or SHALL NOT be unloaded for firearms being submitted for forensic testing?
SHALL NOT
If round was chambered - submit the round with the magazine, but in a separate paper envelope
Flammables shall be stored _________________
outside the office.
Never store them in office.
Packaging knives for evidence - Do not place the knife back in it’s _________
Sheath
Package the sheath separately
Money that has evidentiary value that requires testing (DNA, blood) shall be packaged in a _______________
Kraft paper / manilla envelope
Money seized for asset forfeiture should be documented on a CHP ____ - Financial Tally
CHP 308
Money booked for no evidentiary value (safekeeping/found) should be packaged in ______________
plastic evidence bags and sealed with BLUE sensitive tape
Money in excess of $1,000 seized as evidence OR for safe keeping SHALL NOT be stored where?
in temp evidence locker.
Shall go directly to evidence room safe, or safety deposit box at a bank
Should officer RE-CAP needles that are bent, broken or removed from broken syringes?
NO - SHALL NEVER do this
And shall not remove contents from a syringe
Found property valued at less than $250 must be held for at least ___ days
90 days
Retention
The CHP 36 forms shall be retained for the life of the evidence plus ____ years
5 years
Large quantities of controlled substances (over 10lbs) may be _________ without a court order
Destroyed
What is required for all hazardous chemicals present in the workplace?
a SDS - Safety Data Sheet
Used to be called MSDS
Can officers perform presumptive field tests (drug tests) solely to confirm the ID of suspected narcotics?
NO - shall not
Evidence seized through a search warrant can only be released with a ____________
court order
All firearms, whether found, seized as evidence, or held for safekeeping, coming into possession of the Dept shall be entered into the ______ and the ________
AFS - Automated Firearms System
and
eTrace - Electronic Tracing System
SAFE-T =
Sexual Assault Forensic Evidence Tracking
tracks the status of all sexual assault evidence kits collected in the state
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 ___________
destroyed
Shall be witnessed. Should be a supervisor witness.
Evidence officers should purge evidence on a _______ basis
Weekly
Need approval from supervisor prior to towing vehicle for evidence?
Yes
If vehicle taken for evidence, notify City/DA within ____ hours
72 hours of vehicle impoundment
Heat sealed bags must be _____ and _______ by the officer
Initialed and dated
Narcotics shall be sealed in _________ bags
polyester heat seal bags
Purging Evidence:
For misdemeanor/infraction evidence, case status shall be checked after ____ months
after 6 months
Purging evidence:
For felony evidence, case status shall be checked after how long?
After one year, and every year after
If case is declined by prosecutor, the court officer shall alert the evidence officer within ____ working days of notification
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
If suspect is UNKNOWN, evidence officer may destroy evidence with concurrence of ________ and investigating officer
Sergeant
Holding periods for evidence tied to cases pending adjudication:
- Death/Life Sentences:
- Felony sexual assault:
- Jail 8+ years:
- Elder Abuse:
- State Prison:
- Misd/Infractions:
- Death/Life Sentences: INDEFINITELY
- Felony sexual assault: 10 YRS
- Jail 8+ years: 6 YRS
- Elder Abuse: 5 YRS
- State Prison: 3 YRS
- Misd/Infractions: 1 YR
If found property is less than $250 in value and 90 days has passed, it can be ____________
May be given to finder
If found property is more than $250 in value and 90 days has passed, evidence officer must do what?
Place AD in local paper for ONE day. Finder must pay for advertising cost. After 7 days, shall be given to finder
Property held for safekeeping - held for ___ days before disposal.
60 days
Threshold Incident evidence and evidence from incidents that may result in liability for the Dept - shall be held for at least ___ years
10 years
Non-threshold incident evidence - shall be retained for ___ years
5 years
Civilian complaint evidence (admin evidence) shall be held for ___ years
5 years
Evidence officer shall destroy evidence within __ days of date of arrest
90 days
Sexual assault kits (and other evidence from unsolved sexual assault cases, SHALL NOT be destroyed or disposed of for at least ___ years
20 years
If victim is under 18, not before their 40th birthday
Blood and urine samples are required to be kept for how long? (to allow defendant to have their own test conducted)
1 year
CA plates go to ________
Out of state plates should be _________
DMV
destroyed locally
If owner of money is unknown or can’t be located, money should be sent to _____________
FMS - Fiscal Management Section
Counterfeit money should be sent to __________
US Secret Service
Does Dept have any obligation to preserve evidence for CIVIL suits in which the Dept is NOT a party?
No
MVARS video to be destroyed after how long?
1 year
Weed that was booked as EVIDENCE, needs a __________ to be released
court order
Over the counter prescription meds (not listed on schedules 1-5) may be disposed of locally by _______________ and shall be witnessed
Throwing them in trash
Should be witnessed by Sgt
An item, ready for destruction, SHALL NOT be _________ from its packaging
opened or removed
A __________ is required for the destruction of controlled substances
Court order
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
Certified mail
lawful owner
Dept must hold onto gun for ____ days before it can be considered unclaimed
180 days
Weapons seized for DV incidents shall be held for ___ hours
48 hours
and released no longer than 72 hours
If person was arrested for 5150 they shall not possess a gun for ___ years
5 years
Firearms SHALL NOT be released to juvenile WITHOUT
parental written consent, includes air gun, and ammo
How many UN-SCHEDULED property room inspections shall the commander or designee conduct every year?
At least one
(at least 10 property items traced / checked)
Evidence / property officer changes?
Conduct a ___% inventory and SHALL change the ______
100% inventory
change the locks
Property / evidence officer’s tenure SHOULD be for a minimum of ___ years
3 years
Properties SHALL NOT be left in temp lockers more than ____________
1 day (doesn’t include weekends/holidays)
Evidence tow authority
22655.5 VC
