STANDARD OPERATING PROCEDURE SOP #006 PROPERTY AND EVIDENCE Flashcards
The Property and Evidence Unit (PEU) _____ shall be responsible for the operation of the PEU.
Commander
Locked storage room - located on the ____ of the Headquarters’ parking garage, is a room used for storage of emergency supplies and equipment
5th level
Access to the PEU and additional storage areas is limited to the following authorized employees
- The Support Services Division Commander;
- The PEU Commander;
- The PEU employees;
- Persons temporarily authorized by one of the above, the Chief of Police or his designee
Upon entry to the PEU, the ______ shall be signed and the person shall be accompanied by an authorized employee at all times
entry log book
The ____ form shall include a description of each item and detail the
circumstances by which each item came into the Department’s possession.
“Property Receipt”
How many copies are in the property receipt?
3
Which copy of the property Receipt is kept by the office?r?
Pink
Which copy of the Property receipt goes to the records management section ?
yellow
The ____ copy shall be turned in with the impounded item to the PEU
white
To maintain a ______ for prosecution, all items collected, seized or received at the initial crime scene shall be recorded on a “Property Receipt” form
chain of custody
What must be documented on the property and evidence form when there is a transfer of custody?
- Date and time of transfer of custody.
- Impounding employee’s name.
- Receiving employee’s name.
- Reason for transfer of custody.
When property or evidence has been disposed of, the final disposition shall be noted on the ______ of the “Property Receipt” form with the signature of the person disposing the item.
white copy
The officer impounding property that contains serial numbers, owner assigned numbers (OAN) and government issued numbers shall contact the Public Safety Communications Unit
(PSCU) to have the items entered into and/or checked with the ________.
Criminal Justice InformationSystem (CJIS).
If the item is stolen, a copy of the _______ shall be attached to the “Property
Receipt” form.
teletype message
Approximately every _____ the PEU shall send a “Property Disposition Report”
form to Department employees requesting the status of a particular case or items of
evidence.
[84.1.5]
90 days
Employees who discover currency in the amount of ______ or more shall immediately notify their supervisor to respond to the discovery
location
two thousand five hundred dollars
$2,500.00
If the amount of currency to be impounded is in excess of _____ a
PEU supervisor shall be notified to respond to the PEU. The PEU supervisor shall count the currency in front of the impounding employee.
five thousand dollars ($5,000.00
Whenever currency is placed in the PEU, it shall be listed on the “Property Receipt” form
by ______. The currency shall be designated as “Evidence”, “Evidence/Forfeiture” or
“Property.”
denominations
What is Bio-hazardous evidence?
evidence containing blood and/or bodily fluids.
Currency and other property shall be held in the PEU until a ________ representative determines whether the currency and/or property is necessary as
evidence in the forfeiture proceeding or in a pending criminal action.
City Attorney’s Office
The Confiscations Officer shall submit to the PEU all ______ forms to inform the PEU of the intent to forfeit the currency and/or other property.
“Notice of Seizure”
Currency or property designated for forfeiture shall be specified in the remarks section of the “Property Receipt” form. A photocopy of the “Property Receipt” form shall be forwarded to the _____ by the impounding officer, prior to the end of his
tour of duty
Departments’ Confiscations Officer
____ biohazardous evidence shall be stored in glass tubes and placed in the PEU
refrigerator.
Liquid
All samples from a single case shall be sealed in a standard departmentally approved
paper evidence bag. Sealed plastic bags or blister packs are unsafe and will _____.
not be accepted
A _____ label shall be affixed to both sides of the evidence bag and the first two
(2) copies of the “Miami-Dade Police Dept. Property Receipt” form
BIOHAZARD
Liquid biohazardous evidence shall be submitted, as soon as practical, to the ______ of the Miami-Dade Police Department Crime Laboratory Bureau (Crime Lab) or the
Miami-Dade Medical Examiner’s (ME) Office as applicable
Serology
Section
Employees shall request the _____ to collect, process and impound items that are wet with blood and/or bodily fluids.
Crime Scene Squad (CSS
A BIOHAZARD label shall be affixed to the paper bag, envelope or box and to the first ____ copies of the “Miami-Dade Police Dept. Property Receipt” form and/or the “Property Receipt” form
two (2)
All collected evidence shall be packaged separately to avoid cross contamination.
Cross Contamination
Urine samples shall be stored in the ______.
freezer
Blood samples and most other bodily fluids shall be _____, not frozen
refrigerated
______ evidence, necessary for comparison purposes, shall be submitted to the appropriate forensic laboratory to be stored by them until the comparison sample has been obtained
Perishable
Employees shall be cautious not to contaminate DNA evidence and shall request the ______ when DNA evidence is to be collected
Crime scene squad or a Criminal Investigation Unit (CIU) detective.
All syringes and needles are presumed to be _____ and shall be handled
accordingly.
biohazardous
Syringes and needles shall be packaged in departmentally approved _____.
tubes
Needles shall be inserted _____ first into the plastic tube and the cap shall be
tightened firmly
sharp end
BIOHAZARD labels ____ be affixed to the tubes.
shall not
The departmentally approved tubes containing the needle or syringe shall be packaged in a sealed plastic departmentally approved _____ and affixed with a BIOHAZARD label and a sharp object label. Both labels shall be affixed to the first two
(2) copies of the “Miami-Dade Police Dept. Property Receipt” form and/or Department
“Property Receipt” form
evidence bag
Knives and other cutting instruments shall be impounded and packaged as follows
In a departmentally approved crime scene box; or
approved container; or
With the cutting edges covered by cardboard or layers of heavy paper.
One warning label shall be affixed to the bag or package and another one to the “Miami-Dade Police Dept. Property Receipt” form and/or Department “Property Receipt”
form
If the item is stained with suspected blood and/or bodily fluids, _____ biohazardous
evidence labels shall be affixed to the package and to the first ___ copies of the
“Miami-Dade Police Dept. Property Receipt” form and/or Department “Property
Receipt” form.
multiple
2
Explosives, including fireworks, _____ be brought to the PEU or inside Headquarters
shall not
If explosives are required for evidence, photographs of the items shall be taken by the _______, and the explosives shall be turned over to the Miami-Dade Police Department (MDPD) ____ for disposal
crime scene
Bomb squad
______ is not considered an explosive and shall be placed in the PEU only if required as evidence. If not required as evidence, it shall be disposed of properly.
Ammunition
If flammable liquids are required for evidence, the CSS shall photograph the containers in the condition in which they were seized. An evidence sample of no more than _____ of the liquid shall be poured into a small clean glass container which can be sealed
tightly.
3 ounces
If fireworks are required for evidence, photographs of the items shall be taken by the CSSand the fireworks shall be _____ prior to disposal.
soaked in water
The sealed glass container with the evidence shall be placed in a ____ container,
sealed and marked. The metal container shall then be forwarded to the Crime Lab with a
“Miami-Dade Police Dept. Property Receipt” form
metal
The original container shall be stored in the ______ “I section,” which is located
on the north wall of the first floor Headquarters’ parking garage.
peu’s storage
The Crime Lab shall test the flammable liquid and shall conduct ____.
comparison tests
For comparison purposes, _____ samples shall be submitted: one from the scene and one
from a known source
2
All firearms shall be made _____ prior to impounding
safe
Revolvers shall be made safe by inserting a ____through the cylinder
flex cuff
Pistols shall be made safe by inserting a flex cuff through the magazine receiver and the
_______.
ejection port
Revolvers and pistols that cannot be made safe shall be stored in a handgun ____.
safe box
Firearms that cannot be made safe and do not fit in a handgun safety box shall be
secured by a _____ until it is made safe
supervisor
If the supervisor is unable to make the firearm safe, he shall seek the assistance of
the Department’ _____.
Range master
If a PEU employee discovers that an impounded firearm is loaded, the firearm shall be ____ and a supervisor shall be contacted. The supervisor shall unload the firearm or contact the Range-Master for assistance.
left as is
If a firearm is impounded in a handgun safety box, a ______ of the “Property Receipt” form shall be securely affixed to the outside of the box
photocopy
An evidentiary firearm should not be ____ from its original condition. Blood and other
substances adhering to the firearm should be left intact for Crime Lab examination.
altered
Revolvers shall be stored with cylinders ____ and a flex-cuff through the cylinder
open
Semi-automatic and automatic pistols shall be stored with the ____o pen and a flex-cuff
through the _______ and ejection port;
action
magazine receiver
_____ firearms shall be stored with the bolt to the rear
bolt action
_____ shall be unloaded, placed in a separate envelope and impounded with the
firearm.
Ammunition
All evidentiary firearms that eject casings shall be submitted to the Crime Lab and directed to the Firearms Section for entry to the _______.
National Integrated Ballistics Information Network
NIBIN
______ and ammunition collected with the firearm shall also be sent.
magazines
Controlled substances and narcotics paraphernalia impounded by employees shall be transported to _____. PEU employees shall count, itemize and seal the evidence.
Headquarters
When possible, the impounding employee shall ___ the suspected narcotics.
field test
______ amounts of marijuana evidence shall not be transported to the Crime Lab until the case is set for trial and subpoenas are issued. Upon receipt of the subpoena, the arresting officer shall submit the evidence to the Crime Lab with a copy of the subpoena attached
Misdemeanor
When computers are seized as evidence
An Economic Crimes detective shall be contacted;
Employees ____ attempt to manually shutdown or manipulate the computer as
this may contaminate the evidence
shall not
The power cord shall be directly unplugged from the ______ and not from the AC power outlet
central processing unit (CPU)
In cases where the computer is battery powered, the battery pack shall be _____
disconnected
All evidence shall be collected, including:
a) Power cords;
b) Computer manuals;
c) Peripherals;
d) Portable media storage devices
When computers are seized as evidence involving a Special Victims Unit (SVU)
investigation, an ____ shall be contacted
SVU detective
PEU employees shall make two (2) photocopies of each form and distribute them as
follows:
1) A copy to the Records Management Section;
2) A copy to be retained by the PEU
The following information is required on the “Property Receipt” form and the “Miami-
Dade Police Dept. Property Receipt” form:
1) Name of employee last having custody;
2) Date and time of submission;
3) Date and time received by the Crime Lab.
The _____ and ____ of the Crime Lab employee receiving the evidence shall also be included on the “Miami-Dade Police Dept. Property Receipt” form.
name and signature
After the ____ employee or other receiving party signs the “Miami-Dade Police Dept.
Property Receipt” form, the employee delivering the evidence shall return the signed copy
to the PEU.
Crime Lab
Written reports received from the Crime Lab shall be distributed by the PEU as follows
The original report shall be forwarded to the Records Management Section.
A copy shall be retained by the PEU.
A copy shall be forwarded to the lead detective or primary officer.
The ______, with the approval of a supervisor, shall make the determination to submit evidence to an outside forensic laboratory for analysis
lead detective
The lead detective shall be responsible for the proper____, ______, and ____ for the mailing or hand delivery of the evidence to the laboratory. If
mailed, the evidence shall be sent via registered mail
proper packaging, labeling and
documentation
Whenever an employee attends a court proceeding and is required to bring physical
evidence, they shall:
Complete a Narrative Continuation Report (NCR) documenting the items necessary for
the court proceedings;
b. Retrieve the evidence from the PEU;
c. Obtain a copy of the “Property Receipt” forms
Items not retained by the court shall be returned to the PEU immediately after the
proceedings
The employee shall indicate the status of the case and instructions for disposition of the
evidence on the NCR.
b. If the proceedings are continued, the employee shall immediately return the items to the
PEU and retrieve as necessary for future proceedings.
If an item is returned to the owner in court, the employee shall have the owner ___ and ___ the copy of the “Property Receipt” form. The employee shall then return the copy of the “Property Receipt” form to the PEU.
sign and date
If an item is retained by the court, the employee shall:
a. Have the Clerk of the Court sign and stamp the Narrative continuation report and the copy of the “Property
Receipt” form;
b. Document the status of the evidence and the disposition of the case on the Narrative continuation report and the “Property Receipt” form;
c. Return the Narrative continuation report (NCR) and the copy of the “Property Receipt” form to the PEU.
Pursuant to FS 90.91, in any prosecution for a crime involving the wrongful taking of property, a photograph of the property alleged to have been wrongfully taken may be deemed competent evidence of such property and may be admissible in the prosecution to the same extent as if such property were introduced as evidence.
- The photograph shall include a written description taken under oath by the investigating officer which contains:
a. Description of the property alleged to have been wrongfully taken;
b. The name of the owner of the property;
c. The location where the alleged wrongful taking occurred;
d. The name of the investigating officer;
e. The date the photographs were taken;
f. The name of the photographer. - The photograph shall be identified by the signature of the photographer
Upon the filing of such photograph and writing with the law enforcement authority or court holding such property as evidence, the property may be ____ to the owner from whom the property was taken.
returned
The release of property to the owner prior to trial shall be verified with the ______.
assistant state attorneys
Persons desiring to retrieve property should be directed to respond to the PEU during _____ hours for the public.
operating
Persons retrieving property must present
1) Photo identification;
2) Proof of ownership
If the owner is not able to retrieve his property, he may provide a representative with a
notarized letter or _____.
power of attorney
If a hold has been placed on an item, it shall not be released without the ____ of the employee that ordered the hold or the PEU Commander
authorization
When an employee finds an item on public property and it cannot be easily removed, they shall refer to FSS
705.103
When the person reporting the lost or abandoned property wishes to make a claim to the found property and the rightful owner cannot be identified or located immediately, the person making the claim shall deposit with the Department a _____ sufficient to cover the cost for transportation, storage and publication of notice.
reasonable sum
This sum shall be _____ to the finder by the rightful owner if the owner identifies and reclaims the property
reimbursed
____ to lost or abandoned property is hereby vested in the finder upon the expiration of the _____ day custodial time period specified in FS 705.103(2)(b), provided the
notice requirements of FS 705.103 have been met.
Title
90
The PEU shall take and retain custody of the lost property for ninety ___.
90
The Department shall announce the intended disposition of the property and advertise the property with adequate details that would permit the rightful owner to claim it. The advertisement shall be published during the
_______.
first forty-five (45) day
If the property is valued at more than $100, the Department shall
Advertise the item once a week for two (2) consecutive weeks in a newspaper of
general circulation in the county where the property was found.
If the property is valued at $100 or less, the Department shall
Post a notice of the property in the lobby of Headquarters. The notice must be
posted for not less than two (2) consecutive weeks
The Department may elect to do the following :
- Retain it for the Department’s own use;
- Donate it to a charitable organization;
- Surrender the property to the finder;
- Sell it at public sale
The items that will be auctioned shall _____ and be collected by the Department’s authorized on-line auction vendor. The items shall be listed on the vendors’ website for public auction.
inventoried
If the Department elects to sell the lost property, it shall:
- Conduct a public sale at the nearest suitable place to where the property is held or stored, by
competitive bidding; - Include the date, time and place of the sale in the advertisement or posting, including a
statement that the sale shall be subject to any and all liens; - Ensure the sale takes place no earlier than ten (10) days after the final publication.
If the lost property is sold, the Department shall:
- Deduct the costs of transportation, storage and publication of notice from the proceeds.
- Provide a bill of sale clearly stating that the sale is subject to any and all liens.
- Deposit any balance of the proceeds into an interest-bearing account no later than thirty (30) days after the date of the sale.
After the money is collected from auctioned item proceeds shall be held in the account for
1 year
The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency
one
If a rightful owner does not come forward with a claim to the property within the
designated year, the balance of the proceeds shall be deposited into a _____
State of Florida
account.
The owner of any abandoned or lost property who, after being notified, does not remove his property within the specified period shall be ___ to the Department for all costs of removal, storage and destruction of the property, less any salvage value obtained by disposal of the
property.
liable
Upon final ___ of the property, the Department shall notify the owner of the amount
owed.
disposition
In the case of an abandoned vessel or motor vehicle, any person who neglects or refuses to pay such amount is _____ to be issued a certificate of registration for such vessel or motor vehicle, or any other vessel or motor vehicle, until such costs have been paid
not entitled
The Department shall supply the ______ with a list of persons whose vessel registration privileges or whose motor vehicle privileges have been revoked
Department of Highway Safety and Motor Vehicles
The rightful ____ shall be liable for the Department’s costs for transportation and storage of the lost or abandoned property and the Department’s cost for publication of the notice of disposition of the property
owner
If the rightful owner does not pay such costs within ___ days of making claim to the
property, the title to the property shall vest in the Department.
30 days
Title to unclaimed evidence or tangible personal property lawfully seized pursuant to a lawful investigation, in the custody of the court or Clerk of the Court from a criminal proceeding or seized as evidence by and in the custody of the Department, shall vest permanently in the
Department ____ days after the conclusion of the proceeding.
60 days
The final disposition of property shall be accomplished within ____months after legal
requirements have been satisfied
6
Regarding Legal disposal of firearms the ____ shall prepare an inventory of all firearms set for destruction.
property and evidence unit
The PEU shall contact the _____ to query all serial numbers for all firearms prior to disposal.
public communications safety unit (PSCU)
The inventory of firearms shall be verified by an investigator from the _____ Unit prior to disposal
Internal affairs unit
A sworn PEU supervisor, an IA investigator and a ____ escort shall transport the
firearms to the contracted foundry for smelting
swat team
Regarding the disposal of firearms, The date and ____ of disposal shall be listed on the inventory. The inventory list shall be retained in the PEU.
method
Regarding the disposal of narcotics the ______ shall determine when sufficient quantities of controlled substances have accumulated.
PEU Commander
A PEU supervisor shall review each case for conformity to ______ guidelines for narcotics destruction
State Attorney’s Office (SAO)
If guidelines are met regarding the disposal of narcotics , an ____ list shall be prepared and submitted to the SAO for
approval
inventory
What is the first step taken once the SAO office approves the narcotics list for destruction.
An inventory of the accumulated items, a signed Affidavit and a “Motion for Forfeiture and Destruction of Controlled Substances” shall be presented to the Chief Judge of the Eleventh Judicial Circuit Court
Once the motion is granted an IA Unit representative along with a PEU representative
shall conduct an inventory of the controlled substances approved for destruction
Once the motion is granted an IA Unit representative along with a PEU representative
conduct an inventory of the controlled substances approved for destruction the next step of the process will be
The PEU Commander, a PEU employee, an IA investigator and a SWAT Team escort
shall accompany the controlled substances to the incinerator in marked police vehicles.
once the destruction of the narcotics takes place what paper work must be completed?
the “Certificate of Destruction” form shall be signed by the
PEU Commander, the IA investigator and two (2) witnesse
What copy of forms must be turned in within 10 days working days after the completion of the destruction of narcotics and who should receive the copies?
- Inventory list
- Certificate of Destruction
- Motion for Forfeiture Destruction of Controlled Substances” shall be provided to the IA unit and
the Chief Judge within ten (10) working days.
who retains the original inventory list regarding the destruction of narcotics and what information should be listed?
property and evidence unit
date and method
All other items of evidence returned from trial and/or cleared for disposal shall be checked by the ______ to determine whether they have any useful value.
PEU Commander
Controlled substances, weapons and/or other property, Firearms which have no evidentiary value and have been cleared for destruction
may be retained for departmental use by _____.
the chief or his designee
An inventory of retained firearms shall be maintained by the _____ or his designee
Support Services Division
Commander ( Sammy Guerrero)
The ______ shall be completed when confiscated items are kept for Department use. The form shall be maintained by the Support Services Division Commander or his designee.
“Inventory Modification Form”
The PEU shall maintain a records system that reflects the status of all property including vehicles
and vessels held by the Department to include
- Location of property;
- Date and time when the property was received and/or released;
- Character, type, description and amount of property stored (to include serial numbers when
possible); - Chain of custody from the time the property was stored until destruction or other final
disposition; - Dates and results of all inspections, inventories of property and audits of record
ABANDONED PROPERTY
All tangible personal property that does not have an identifiable owner and has
been disposed of on public property in a wrecked, inoperative or partially dismantled condition or has no
apparent intrinsic value to the rightful owner including derelict vessels
EVIDENCE
Instruments of a crime, fruits of a crime, weapons, contraband and forensic materials.
LOST PROPERTY
All tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business
purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a
substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner
PERIPHERALS
A piece of computer hardware such as a printer or a disk drive that is external to but
controlled by a computer’s central processing unit
PUBLIC PROPERTY
Lands and improvements owned by the Federal Government, the state, the county, or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way and other similar
property.
UNCLAIMED EVIDENCE
Any tangible personal property, including cash, which was seized by a law
enforcement agency, was intended for use in a criminal or quasi-criminal proceeding, and is retained by the
law enforcement agency or the Clerk of the Court for sixty (60) days after the final disposition of the
proceeding and to which no claim of ownership has been made
