S567- Physical Evidence

Question 1

S567- Physical Evidence

Question 2

To establish procedure for the preservation, control, and disposition of all physical evidence obtained in connection with an alleged violation of law and/or Department policy

Question 3

Physical evidence seized in connection with offenses that may be criminally prosecuted shall be maintained to ensure the proper chain of custody

Question 4

Contraband: Any item(s) possessed by inmates or found within the facility that is illegal or expressly prohibited by the Superintendent or Department policy.

Question 5

Evidence: Any item discovered and seized in connection with a violation of state or federal laws that can be linked to an inmate(s).

Question 6

Recovered drugs or medications, regardless of whether their discovery can be linked to anyone, shall be treated as physical evidence

Question 7

In the event an incident occurs and staff reasonably believes that a crime may have been committed, or such incident may result in criminal prosecution, the immediate area will be secured and an officer placed at the scene

Question 8

The person(s) who discovers evidence of criminal activity must notify the Shift Commander

Question 9

Staff must be careful not to disturb a potential crime scene or obliterate areas where prints or other types of evidence may be recovered

Question 10

Any physical evidence found should be photographed in place whenever possible a standard ruler or some other measurable device should be included in photographs/videotapes to validate size.

Question 11

The person operating the camera should document the following information on the photograph/videotape:

Answer 11

◦ day, date, and time;
◦ location found;
◦ subject (i.e., name of person or item);
◦ name of photographer; and
◦ number of photos in the group

Question 12

Evidence will be handled with care to protect the evidentiary value of the item(s).

Question 13

The photographs/videotape should be placed into an unsealed evidence bag and forwarded with the report package.

Question 14

The chain of custody shall be strictly observed, with as few persons as possible handling the evidence.

Question 15

In cases involving physical injury, additional photographs/videotaping must also be taken three (3) to four (4) days after the initial report in order to document any further bruising or wound development.

Question 16

Evidence will not be left unattended or unsecured at any time.

Question 17

The person collecting the evidence shall seal each item into separate evidence bags.

Question 17

All evidence that is wet/damp or contains body fluids (i.e. fabric or clothing) should be placed into a paper bag.

Question 18

The person collecting the evidence shall use a black ink pen to provide the required information on the evidence bag and/or evidence tag.

Question 19

During normal business hours, the collecting officer shall deliver the evidence bag to the DECO, or drop it into the mail slot of the SID evidence safe during non-business hours.

Question 20

The ADS/SID will appoint a staff member at each facility as the DECO

Question 21

DECOs act as official custodians of all drugs and narcotics collected as evidence

Question 21

The removal and return of all evidence shall be noted in the evidence log and on the chain of custody portion of the evidence bag

Question 22

Access to the evidence safe and vault shall be limited to ADS/SID and designated DECOs Evidence shall not be left unattended or unsecured at any time

Question 23

Once the evidence bag has been opened, it cannot be resealed

Question 24

The person placing the old evidence bag(s) inside the new one must note who they are, the nature of the item, the date, and the time the new bag is sealed.

Question 25

All contraband items found, except nuisance contraband, will be handled as evidence

Question 26

If the contraband cannot be linked to any inmate(s), it may be destroyed

Question 27

A log shall be kept noting the time, date, and person storing or removing contraband evidence from the safe and/or vault.

Question 28

A log shall be kept noting the time, date, and person storing or removing contraband evidence from the safe and/or vault.

Question 29

Evidence not associated with legal or discipline must be kept not to exceed six months

Question 30

All evidence related to inmate discipline shall be held for a period of three (3) years from the initial sanction date to ensure no civil action has been filed

Question 31

Disposal of evidence that is considered a controlled substance will be arranged through the Massachusetts State Police Narcotics Inspection Unit.

Question 32

If appropriate, evidence collected shall be returned to its rightful owner.

Question 33

After 3 years SID shall seek written approval from General Counsel to for disposition. Final disposition must be approved in writing by District Attorney’s Office. Evidence must then be reviewed and disposed of with General Counsels approval.

Question 34

The AS/OPS shall ultimately approve final disposition of all evidence in writing