HPM 70.1, Evidence Manaul Flashcards
What should an investigator do if they encounter a complex crime scene beyond their capability?
If an investigator encounters a complex scene beyond the skills…should request the assistance of an allied agency or local laboratory crime scene investigator in order to ensure the highest level of integrity and preservation of the items to be collected.
p. 4-3
At a minimum, what must all containers being submitted for storage in the evidence room have?
Shall have the evidence number and a barcode label affixed.
p. 4-6
Large quantities of controlled substances in excess of __ pounds in gross weight, or _ pounds for growing or harvested cannabis, may be destroyed without a court order pursuant to Section 11479 of the Health and Safety Code (HSC) so long as specific requirements are satisfied.
10 / 2
( only the excess (the amount greater than the 10 pounds of the controlled substance, or the amount greater than the 2 pound of the cannabis) may be destroyed)
p. 4-7
Under what circumstances may an Area deviate from the policy in HPM 70.1 regarding the packaging of items to be stored in the evidence room? If this is necessary, what shall the Area do?
It may be necessary for an Area to deviate from the policy located in this chapter in order to comply with local laboratory or court requirements.
Area shall incorporate details of the exception into the Area’s SOP. The Area shall also submit a memorandum to the OIA, Evidence Unit, explaining the need for the exception to policy and provide a copy of the updated Area SOP for review and approval.
p. 5-3
How shall all controlled substances (except marijuana) and all unknown substances be packaged for booking?
They shall be double bagged and sealed using heat seal polyester bags.
p. 5-18 – 5-19
When packaging drugs, what has replaced “net weight” and “gross weight”?
item weight = net weight (weight of substance in its original package)
package weight = gross weight (weight of the drug and containers after they have been placed in heat sealed bags, evidence packaging, sealed with strapping tape (if necessary depending on the type of packaging material used), blue sensitive item serialized evidence tape strip, and a barcode label affixed.)
p. 5-19
How is money packages when stored for safe keeping?
Money shall be counted by two employees regardless of amount, one of whom should be a supervisor. Both employees shall print their names, IDs, and sign the CHP 36 on the Financial Tally Sheet in the provided boxes.
p. 5-31
Money in excess of what amount, seized as evidence or for safe keeping, shall not be stored in a temporary evidence locker/cabinet (including pass-through cabinets). The money shall go directly into the evidence room safe, an allied agency evidence room’s safe, or a safety deposit box (cash only) at a financial institution.
$1,000.
p. 5-31
When a firearm is taken into evidence, what is the minimum documentation on the CHP 36?
When a firearm is taken into evidence, the CHP 36 shall include, at the minimum: the make, model, and serial number of the firearm.
p. 6-3
Found property valued at less than $250 must be held for at least how many days unless the owner comes forth and claims the property?
90 days.
p. 6-15
What is the retention schedule for CHP 36 forms?
The life of the evidence plus five (5) years.
p. 6-15
Normally, departmental personnel shall not perform presumptive tests for narcotics, what are the exceptions?
The requirement of a district attorney in order to file charges in conjunction with a felony investigation or when necessary to obtain a search warrant. Any other circumstances requiring a presumptive test shall be at the discretion of the command.
p. 7-4
Items from cases which have been adjudicated, rejected, or declined, and unclaimed property may be disposed of using what accepted methods of disposal:?
- Return to Owner/Finder
- Destruction
- Sale or Auction of Item
- Departmental Use
- Donation to Charity
p. 9-4 – 9-5
Who can approve the use of unclaimed property or evidence for departmental use?
Appropriate Assistance Commissioner via memo through channels.
p. 9-5
In order to efficiently purge inventory, all commands should ensure evidence officers have access to what?
Electronic access to court records from their office in order to check the status of cases for all jurisdictions under their purview, provided the city/county possesses a records system capable of providing access.
p. 9-6
Within what time frame shall the court officer notify the evidence officer when the prosecutor declines to file a case with associated evidence?
The court officer shall alert the evidence officer within two working days of receiving such notification.
p. 9-7
What is the period of time for appeals for adjudicated case evidence for:
Felonies?
Misdemeanors?
Juveniles?
Felonies = 90 days Misdemeanors = 60 days Juveniles = 90 days
p. 9-7
Can evidence for a case be purged if the defendant was granted diversion?
The evidence must be held for the duration of the diversion period unless otherwise directed by the court.
p. 9-7
What is the statute of limitations for evidence pending adjudication for most felony offenses?
Misd./Infractions?
Felony = 3 years Misd./Infractions = 1 year
p. 9-9
What is required to return stolen property to an owner prior to the adjudication of a case?
Court approval.
p. 9-10
What is required to dispose of items seized by a search warrant?
Items seized pursuant to a search warrant are the property of the court and may only be disposed of by court order (Section 1536 PC).
p. 9-11
What is the method of disposal for property?
- Returned to the owner/finder.
- Sale or Auction.
- Destruction.
- Recycled (items with little or no value).
- Discard (items with little or no value).
- Donations (local charity).
- Conversion to departmental training/education or operational use.
p. 9-12
How long is evidence retained from threshold incidents (e.g. LODD, shooting, ECD with serious injury)?
10 years.
p. 9-14
How long is evidence from an administrative investigations that was converted to a miscellaneous investigation in which the employee received informal discipline retained?
A minimum of 3 years.
p. 9-15
Does early adjudication of a case involving blood or urine relieve the Department of the one (1) year retention period?
Early adjudication of the case DOES NOT relieve the Department of the legal requirement of the 1-year retention period.
p. 9-17
What are the special provisions for destruction of obscene material (child pornography etc.)?
Obscene materials shall be destroyed in accordance with Section 312 PC. Destruction of these materials shall be witnessed by a supervisor and documented on the CHP 36 with the witness’ name and ID. The witness shall make a line entry on the chain of possession for the corresponding CHP 36 to indicate witnessing the disposal.
p. 9-18
