HPM 70.1 Evidence manual Flashcards
Prior to the release of any firearm, the Area _____ ensure a criminal history check is performed on the individual who is seeking the release of the firearm.
Shall
A security log ______ be maintained in the property room. The log ______ document all entry into the property room by any person other than the primary property officer.
Shall, shall
Evidence of 368 PC (elder abuse) felonies (except theft or embezzlement): hold for ___ years.
5 years
True or false? Pills shall be weighed and not counted.
True
Evidence of offenses punishable by death or life imprisonment; or which involve the embezzlement of public money or falsification of public documents: hold ___.
Indefinitely
When packaging for destruction, Nuisance items should be placed in an appropriately sized box. Those items that are too large to fit in a box _____ have a piece of cloth medical tape, or masking tape, placed on the item with the Area number written on the tape.
Shall
All packaged items shall have the following handwritten information on the package:
Evidence number and officers initials, badge number and booking date overlapping both the evidence tape and the package
_____ shall verify the accuracy of the recorded weight before receiving the item (drugs or controlled substances). Any discrepancy shall cause the item to be returned to the booking officer for correction.
Evidence officers
- Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:
a. Felonies:
b. Misdemeanors:
c. Juvenile cases:
___ days. ___ days. ___ days.
90, 60, 90
For firearms being stored for safekeeping, the Area _____ send a property letter by certified mail with a return receipt requested to the lawful owner after receiving the firearm into the evidence room.
Shall
For criminal cases which are rejected, dismissed, or adjudicated with no court order for destruction (confirm the disposition of the firearm with the court for adjudicated cases), the Area _____ send a property letter by certified mail with the return receipt requested to the lawful owner.
Shall
All firearms and conductive energy weapons whether found, seized as evidence, or held for safekeeping, coming into the possession of the Department should be entered into the AFS.
a. True
b. False
False
Entries to both AFS and CLETS Electronic Record Tracking (CERT) _____ be required when transferring firearms from Area to the Academy, WCU.
Will
If the value is more than $___, and no one has claimed the property after 90 days, the evidence officer will place a notice describing the property in a local newspaper of general circulation for one day. If it is still unclaimed after seven days, it shall be given to the finder after payment for the advertising cost is paid.
$250
The owner is responsible for advising the Area of their intent to retrieve their firearm with _____ days of having received notification of its availability for release from the Department. However, if the owner does not respond within this _____ -day period, the Department is not relived from its obligation to maintain possession of the firearm for at least 180 days from the date the notification to the owner was mailed.
30, 30
Department employees who find property during the course of employment shall complete a CHP 36. Civil Code Section 2080.3 __________ a departmental employee to make a finder’s claim to such property, if the property was found in the course of employment.
Prohibits
True or false? NIK-Kits are the only drug testing kits currently authorized for use by the Department.
FALSE
TRUNARC as well
All packaged items shall use red evidence tape to cover the overlapping ends of the strapping tape to create the evidentiary seal where the booking officer will write their initials, ID, and date across, with the exception of ______ and ______, which require the blue sensitive item serialized evidence tape strips.
Controlled substances
Money
Evidence of offenses punishable by imprisonment for eight years or more: hold for ___ years.
6 years
In the event the eligibility check is approved by DOJ, the owner must provide the original Firearms Eligibility Clearance letter to the Department. The letter is only valid for _____ days from the date noted on the letter.
30
Property supervisors shall document inspections on a ___ to the Area.
Memorandum
Flammables ___ be stored outside the office in a properly ventilated bulk evidence room within a locked cabinet designed for the storage of flammables, if so equipped. Explosives ___ never be stored in an Area office.
Shall, shall
Officers ___ dry wet marijuana in a dryer prior to packaging.
Should
What are the six purposes of a CHP 36?
Record Receipt Notice Declaration Affidavit Report
Before releasing a firearm, the Area _____ advise the claimant of the Area’s pickup procedure and documents required to receive the firearm (Firearms Eligibility Clearance Letter; a current, valid government-issued identification card; proof of ownership; and, if applicable, a court order of return).
Shall
In addition to conducting a 100 percent inventory, whenever a change of property officer occurs, the locks to the property room ______ be changed and/or the biometric access shall be updated immediately. If changed, this ______ be documented on a memorandum to the Area and a copy placed in the inspection file.
Shall, shall
The _____ is the 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. This was previously referred to as the net weight.
Package weight
True or false? Evidence used in administrative proceedings will be retained until the proceedings have been completed and the period for appeals has expired.
True
The case status on misdemeanor/infraction evidence shall be checked after ___.
6 months
In the investigation of any crime or accident, a Department employee ________ preserve all available evidence.
Shall
Probably the most important phase of the investigation of any criminal offense is the proper protection of the ___ so that all evidence is preserved in its original state.
Crime scene
Marijuana ___ be completely dry before packaging and shall be packaged in paper envelopes or bags.
Must
All controlled substances (except marijuana) and all unknown substances ___ be double bagged and sealed using heat seal polyester bags.
Shall
A person taken into custody pursuant to Section 5150 of the Welfare & Institutions (W&I) Code shall not own, possess, control, receive, or purchase any firearm for a period of ___ year(s) after being released from the facility (refer to Section 8103 W&I).
5
The evidence officer ___ have the “right of refusal” prior to taking custody of any evidence that is improperly packaged. All items that are improperly packaged should be returned by the evidence officer to the booking officer or to a supervisor with information on how to properly package the item.
Shall
Employees shall place all evidence and property in the designated evidence/property temporary storage lockers prior to the ___.
End of work shift
A two-person rule _____ be used when packaging firearms (for destruction).
Shall
The property room ______ not be used for the storage of items that personnel, other than the property officer, need to access.
Shall
Employees ___ not store evidence or property in a personal locker or any other location.
Shall
True or False? Unclaimed evidence or property of little or no monetary value, nuisance weapons, firearms, contraband, evidence used in the commission of a crime, and controlled substances shall be destroyed, unless the item was approved for departmental use.
True
Traffic crash photographs where an infraction is the most serious allegation charged _____ be booked into evidence.
Shall not
Money in excess of ___, seized as evidence or for safe keeping, shall not be stored in a temporary evidence locker/cabinet (including pass-through cabinets).
$1,000
If outdoors or large interiors are involved, the scene should initially be identified as ___ from the center of the scene to the farthest known piece of evidence.
Twice the distance
The Property Officer ______ have at least one year of field patrol experience.
Shall
The CHP 36 forms and all other documents attached to it shall be retained for the life of the evidence plus ___.
5 years
Evidence of felony sexual offenses: hold for ___ year(s).
10 years
True or false? The Area shall advise the person requesting the return of a firearm of form BOF 119, Law Enforcement Gun Release Application, and the process.
True
The ___ should consistently check and document the status of cases, and work closely with the courts or court officer to prevent the premature disposal of evidence.
evidence officer
True or false? Except for felony cases where the item has evidentiary value, such as fingerprints or the contents are suspected of containing illegal substances like Rohypnol, or cases involving persons under 21 years of age, alcoholic beverages should not be seized and retained.
True
Strapping tape ______ required to be used on tamper resistant plastic evidence bags, except when resealing an open item, though it may be used to prevent small items from exiting the bag.
Is not
The case status on felony evidence shall be checked ___ after booking and every year thereafter.
1 year
Weapons seized pursuant to Section 18250 PC, domestic violence incidents, shall be held at least ___ hours pursuant to Section 18265 PC.
48
Penal Code Section 11108.2(a) requires all firearms that come into the possession of the Department, are reported lost or stolen, or are under observation be entered into the Automated Firearms System (AFS) within _______ calendar days after being notified of the precipitating event.
Seven
If the lawful owner fails to take possession of the firearm or contact the Department and advise the Area of their intent to take possession within the 180-day waiting period, the Area _____ begin the process of preparing the firearm for destruction.
May
During an evidence inspection, a random sample of property sufficient to validate the integrity of the system shall be verified. At least ___ percent of items or property numbers, with a minimum of ___ items or property numbers, from activities that occurred within the property system from the date of the last inspection to current, shall be inspected.
10%, 10
Traffic crash photographs _____ be stored along with the other non-evidentiary digital media maintained by the Area’s image coordinator.
Should
For disposal of controlled substances, all shipments will be escorted by ___ employees to ensure accountability. At least one of the employees shall be an officer.
Two
True or False? For computer evidence, if the computer is “on” and utilizes a Microsoft Windows operating system, pull the power plug from the back of the computer.
True
The Area commander or designee shall conduct at least ___ unscheduled (unannounced) inspection of the property room per calendar year. The commander or designee shall enter the property room and inspect for cleanliness, security, and order. At least ___ property receipts shall be traced to assure they are accounted for and properly documented.
1, 10
True or false? If, during an evidence inspection, discrepancies are revealed, an additional 10 percent of the items, or at least ten additional items, shall be inspected.
True
Audio recordings taken with a digital recording device or other device, where the possibility exists that the recording could have evidentiary value, ___ be booked into evidence. Audio recordings, taken by employees while in performance of their duties, are
the property of the Department.
Shall
True or false? Division Investigative Services Units (ISU) may use temporary storage lockers for maintaining documentary property during an investigation.
True
Evidence gathered during an administrative investigation ___ be treated the same as evidence gathered during a criminal investigation. The evidence ___ be retained for a minimum of five years or the life of the investigative file, whichever is longer.
Shall, shall
Large quantities of controlled substances (in excess of ten pounds) _________ be destroyed without a court order pursuant to Health and Safety Code (H&S) Section 11479.
May
Allied agency-registered firearms held for safekeeping may be returned to a uniformed representative of that agency following a formal written request. The person receiving the firearm _____ be documented on the CHP 36, Property Receipt, and the written request _____be attached.
Shall, Shall
All paper and cardboard product packaged items, except blood/urine kits ______ use strapping tape to securely close the package.
Shall
In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of ___ days after the date of arrest. The court officer shall notify the evidence officer within two working days of cases the prosecutor has declined to file when there is evidence associated with that case.
90 days
Money shall be counted by ___ employees regardless of amount, one of whom ___ be a supervisor.
Two, should
Purging of evidence is a constant, ongoing process. Evidence officers should purge evidence on a ___ basis. Daily purging is advisable in offices with a significant volume of evidence.
Weekly
An inventory ___ be conducted upon change of command, change of property officers, and any time there is doubt as to the integrity of the system.
Shall
Inventories shall be conducted ___ by commanders to ensure the integrity of the system and shall include all items which have been bar coded.
Annually
No package ___ be opened in order to verify contents during any audit, inventory, or command inspection.
Shall
Nothing of evidentiary value should be moved or altered until its original condition and position have been ___.
Recorded
The spare evidence room keys, along with the commander’s property room access key, ______ be placed in an envelope and stored in a secure location for use in an emergency.
Shall
For found items, if the value of the property is less than $___ and, after 90 days no one has claimed ownership, it may be given to the finder.
$250
All packaged items ___ have a barcode label placed on the package.
Shall
True or false? All firearms shall be secured in an appropriately sized gun box using nylon cable ties; one firearm per box. Do not seal the box.
True
The serial number and corresponding box number _____ be recorded on the CHP 37A. If using a bankers box that contains holes for use as handles, cover the holes with _____.
Shall, strapping tape
Inventories conducted upon a change of property officer should be conducted by the former property officer, the new property officer, and the ______________.
Property supervisor
A ________ is required for the destruction of controlled substances, including items not used as evidence (Section 11473.5 H&S). If controlled substances and/or paraphernalia were obtained in connection with a __________, a separate __________ for each case must be obtained for disposal (Section 1536 of the Penal Code).
Court order, search warrant, court order
It is not necessary to retain field notes if all of the following conditions are met: (except)
a. They are incorporated into a formal report.
b. The notes are copied (Xerox or PDF) in original condition.
c. The formal report accurately reflects the contents of the notes.
d. The prosecutor turns over a copy of the formal report to the defense counsel before trial.
b. The notes are copied (Xerox or PDF) in original condition.
True or false? All items submitted for storage shall be packaged in the same manner regardless of the reason for the item’s storage (property and evidence)
True
True or false? All firearms and conductive energy weapons whether found, seized as evidence, or held for safekeeping, coming into the possession of the Department shall be entered into the AFS.
True
True or false? Property rooms should not have windows. Rooms with preexisting windows should be painted black.
False
(Shall not have windows)
Disregard second sentence
When packaging firearms for destruction, one person _____ be the primary evidence officer and the second person _____ be a supervisor.
Shall, should
True or false? The number of key(s) to the property room shall be limited to the number of primary property officers assigned to the command plus the commander’s emergency access key(s).
True
When packaging nuisance items for destruction, the box shall be sealed with strapping tape and a strip of _____ serialized evidence tape placed across the strapping tape to create an evidentiary seal.
Blue
The _____ is the weight of the drug and its first container, or original packaging, as found (e.g., plastic bag, paper bundle, vial, prescription pill bottle). This was previously referred to as the net weight.
Item weight
There shall be a maximum of ___ set(s) for the temporary storage lockers and/or other storage unit(s).
Two
The Area _____ keep the original Firearms Eligibility Clearance letter and make copies of all other documents and identification presented by the claimant. The Area _____ also document the lawful owner taking possession of the firearm on the CHP 36 and have the owner sign the form. All documents _____ be attached to the CHP 36.
Shall, shall, shall
True or false? Officers shall not remove the contents from a syringe.
True
The blue sensitive item serialized evidence tape strips ___ also be used for items of value such as jewelry.
May
The property officer ______ not be an active field officer or investigator involved in collecting evidence in the field.
Should
The primary property officer ______ place and seal the spare keys in an envelope with evidence tape. The primary property officer ______ date, initial, and write their identification number on the seal. Use of the spare keys ______ be restricted to the commander or commander’s designee.
Shall, shall, shall
True or false? Some allied agencies may accept controlled substances from the California Highway Patrol (CHP), which they will burn with their drugs at no cost to the Department.
True
True or false? Proof of ownership; a current, valid, government-issued identification card; and a Firearms Eligibility Clearance letter from the California Department of Justice (DOJ), Bureau of Firearms (BOF), is required before any firearm can be returned.
True
True or false? Drugs with a street value of $10,000 or greater shall not be stored in a temporary evidence locker (including pass-through cabinets). They shall be secured inside the evidence room immediately after packaging.
True
Evidence of offenses punishable by imprisonment in state prison (all other felonies not covered above): hold for ___ years.
3
Areas and Divisions ____________ release a firearm and its ammunition on the same day as this may create an officer safety issue.
Are strongly encouraged not to
Envelope and paper bags shall have strapping tape around the ______ of the entire package, overlapping the ends of the tape to the back side of the container.
Circumference
All firearms shall be submitted in an appropriately sized gun box; one firearm per box. _____ will secure the firearm to the box using nylon cable ties after verifying the necessary information.
Evidence officers
A ___ of return is needed for the release of marijuana stored as evidence.
Court order
True or false? For disposal of controlled substances, an Area evidence supervisor will witness the destruction with the evidence coordinator. Both will sign all pages of the original copy of the CHP 37, to show all items were received and burned.
True
The following information, either handwritten or _____ on paper, shall be attached on all outer sides, excluding the bottom, of the box: Area name and number, sequential box number, “Nuisance Items, “ and the date of packaging/sealing.
Printed
Divisions _____ coordinate the transportation of firearms to the Academy, WCU for those Areas that may only have a few firearms to send for destruction.
May
Evidence of misdemeanors/infractions [except 647.6 PC (annoy/molest child) and 729 B&P (pervy dr)]: hold for ___ year(s).
1
All items (nuisance items) sent to the Academy, WCU for destruction that are not firearms _____ be documented on a CHP 51, Memorandum.
Shall
Any package that appears to have been opened or tampered with, after laboratory analysis, shall be returned to the laboratory to be analyzed again. The evidence supervisor shall be notified ___.
Immediately
- The property officer shall ensure a firearm has been in the possession of the Department for ____ days before attempting to send it for destruction.
a. 30
b. 180
c. 60
d. 45
b. 180
- MVARS DVDs containing routine events shall be retained for a minimum of ____.
a. 6 months
b. 1 year
c. 2 years
d. 90 days
b. 1 year
- The evidence/property supervisor shall conduct an inventory at least once _______.
a. A month
b. A quarter
c. Annually
d. A week
b. A quarter
- The keys to temporary evidence storage lockers shall be marked _________.
a. “Property officer only”
b. “Do Not Duplicate”
c. “Official Use Only”
d. “Confidential”
b. “Do Not Duplicate”
7 When seizing a vehicle for evidence (22655.5 VC) supervisor/OIC permission _____ be obtained.
a. Shall
b. Should
c. May
d. Need not
a. Shall
- When submitting an MVARS DVD that contains a significant event it shall be submitted in a ________ DVD sleeve.
a. Yellow
b. Black
c. Purple
d. Red
d. Red
9 An unaccounted discrepancy between weights or lab analysis of evidence shall be the cause of an _____________.
a. Immediate inventory
b. Internal investigation
c. Property room audit
d. Property officer
b. Internal investigation
10 When booking narcotics both the _________ and ________ shall be listed on the CHP 36 form.
a. Street name and medical name
b. Shape and color
c. Size and weight
d. Net weight (as found) and gross weight (packaged)
d. Net weight (as found) and gross weight (packaged)
