PROP & EVID 19.1B
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: PROPERTY AND EVIDENCE
GENERAL ORDER: 19.1B
EFFECTIVE: December 1, 2007
REVISES: G.O. 19.1A
PAGES: 9
CONTENTS:
This order consists of the following numbered sections:
I. CONTROL OF PROPERTY/EVIDENCE
II. STORAGE LOCATIONS
III. DUTIES AND RESPONSIBILITIES
IV. PROPERTY HANDLING PROCEDURES
V. RELEASE AND DISPOSAL OF PROPERTY EVIDENCE
VI. GLOSSARY
PURPOSE:
To establish procedures for the handling of property seized, found, or held as evidence.
SCOPE:
This order applies to all members.
POLICY:
Property and/or evidence taken into custody by the Tequesta Police Department will be handled, stored, and
disposed of in accordance with law and this order.
PROCEDURE:
I. CONTROL OF PROPERTY/ EVIDENCE:
Only authorized personnel shall have access used by the department
for storage of in-custody or evidentiary property.
A. Records:
The property/evidence custodian ensures that records reflect the status of all property held by the
agency.
B. Inventory:
An annual inventory of property shall be conducted jointly by the property custodian and a designee of
the Chief of Police; in addition an inventory of property shall occur whenever the person responsible for the prop-
erty/evidence function is assigned to and/or transferred from the position. The inventory shall be conducted jointly by
the newly designated evidence/property custodian and the Chief of Police or his designee.
C. Inspections and Audits:
The Chief of Police or his designee will cause an annual audit of the property function
to be conducted by a member not routinely connected with control of property. Annual unannounced inspections of
property storage areas shall be conducted as directed by the Chief of Police or his designee.
D. Entry Authorization:
All persons that enter the property/evidence area will be required to sign an entry
log and be escorted by the Property/Evidence Custodian at all times. Access is limited to:
G.O. 19.1B
1.
Members assigned to the Property/Evidence Unit;
2.
Members conducting official business; and
3.
Persons conducting maintenance.
II. STORAGE LOCATIONS:
The following locations are designated for the storage of property and evidence
submitted to the Property/ Evidence Unit:
A. Property Evidence Room:
The property evidence room is used for the storage of property, evidence, currency,
and valuables. The following items will be locked in high security areas within the property evidence room:
1.
Money
2.
Valuables including precious metals, jewelry, and gemstones;
3.
Weapons
4.
Narcotics
5.
Dangerous drugs.
B. Property Refrigerator:
The long-term storage of blood, semen, and similar perishable evidence requiring
refrigeration are secured in a separate, locked refrigerator within the evidence room. When the property room is
closed, perishable evidence will be stored temporarily in a secured refrigerator designated for this purpose.
C. Evidence Lockers:
Any evidence or property taken into custody by an officer that cannot be given directly to the
evidence/property custodian is temporarily stored in the designated evidence lockers. The evidence/property custodian
shall remove evidence or property from evidence lockers daily and process and secure in accordance with internal
procedures.
D. Storage Facility and Fenced Compound:
The storage facility and fenced compound is used for the temporary
storage of large items of found property, vehicles, motorcycles, boats, and bicycles.
III. DUTIES AND RESPONSIBILITIES:
A. Property/Evidence Custodian:
Property/Evidence custodian is responsible for the following:
1.
Proper storage of all property and evidence taken into custody. This may require responding after normal hours to
secure property or evidence that is too large for temporary storage facilities.
2.
Maintenance of property evidence records that provide the following information:
a. Location of the property;
b. Case number;
c. Date and time when the property was received or released;
d. Property description;
e. Owner/defendant’s name, address, date of birth, if known;
f. Submitting officer’s name;
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G.O. 19.1B
g. Chain of custody from the time the property was stored until destruction or other final disposition.
3.
Identification and notification of the custodian/owner of property or evidence before conversion to agency use or
disposal.
4.
Receipt and release of property and evidence.
5.
Disposal of property in conformance with statutes, agency policy, and State Attorney’s Office requirements within
six months of the satisfaction of legal requirements.
B. Member Responsibilities:
The member submitting property or evidence will complete a written report detailing
how the property came into the agency's possession, and a property receipt that includes the following information:
1.
A detailed description of the item collected including the make, model, and serial number, if known.
2.
The exact quantity and/or weight.
3.
The date and time received.
4.
The location where collected or received.
5.
The name, address, date of birth, and signature of the person from whom property evidence was received.
6.
The name of the owner, if known.
7.
The name and signature of the member receiving the property evidence.
8.
Case number.
C.
If a complainant or owner refuses to sign the property receipt, the member will print the person's name, write,
“refused,” and initial the receipt.
D.
All seized or found items will be turned over to the property/evidence custodian or placed into designated property
evidence lockers before the end of the shift.
E.
All property will be recorded into agency records by the end of their shift.
F.
Members who sign out evidence or property for processing or court purposes will return the items to the
Evidence/property custodian on the same workday. The member is responsible for the care and control of any property
or evidence that is in his or her custody.
IV. PROPERTY HANDLING PROCEDURES:
The following items require special handling in addition to the
guidelines outlined in the general order indexed as Collection, Processing, and Preservation of Evidence:
A. Found or Abandoned Property:
When an officer takes custody of found, or abandoned property, the following
apply:
1.
The officer will provide the finder with a copy of the property receipt and inform the finder that he or she may
(If the finder wishes to claim the property, the
claim the property if the owner cannot be identified within 90 days.
officer should inform the finder that he or she must deposit $12.00 with the Police Department’s administrative
office, within 30 days after discovery, to cover the cost of transportation, storage, and publication of notice (F.S.
705.102 (2). Unusual items that require special handling may result in a higher fee. The owner is responsible for
reimbursing the finder if the owner claims the property before the 90 days have elapsed.)
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G.O. 19.1B
2.
The officer will contact the rightful owner and return the property. If the owner cannot be contacted, the property
will be submitted to the Property/Evidence Custodian at which time the Property/Evidence Custodian will make an
additional attempt to contact the rightful owner.
3.
The officer will conduct an NCIC/FCIC check on all property with serial numbers.
B. Bicycles and Mopeds:
1. Documentation:
Any member impounding a bicycle/moped will complete and forward a property receipt to the
property/evidence custodian. The following information will be included on the property receipt and entered into the
NCIC/FCIC systems:
a. Make
b. Type
c. Size
d. Gears (i.e., 3-speed, 10-speed)
e. Color(s)
f. Serial number
g. Other descriptive information.
2. Found Bicycles/Mopeds:
The following applies when a bicycle/moped is found:
a. The bicycle/moped may be released to the owner, if known.
b. The bicycle/moped will be placed in a designated holding area if the owner is known, but not located. The
owner's information will be documented on the property receipt and the property custodian is responsible for
follow up contact with the owner.
c. The bicycle/moped will be held for 90 days if the owner is unknown.
3. Bicycles As Evidence:
A bicycle/moped determined to be stolen or recovered will be handled as evidence and
entered into the NCIC/FCIC systems.
4. Storage Areas:
Bicycles/mopeds will be placed in the designated police storage garage. Once a bicycle/moped
is placed into a holding area, only the property custodian or designee is authorized to remove it from the storage
location.
5. Bicycle Tag:
The impounding officer or property custodian will tag bicycles/mopeds using a designated tag
containing the case number, identification numbers and date impounded.
C. Currency:
1. Documentation:
The count, the subtotal of each denomination of paper currency, and the total amount must be
entered on the property receipt. The total amount of coin currency will be entered on the property receipt. However,
large amounts of coins should be counted and documented by denomination.
a. A property receipt showing the amount will be signed by the person from whom the money is received. A
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G.O. 19.1B
second agency member will verify the amount and sign the receipt if the person is unable to sign the receipt.
b. Currency will be packaged separately from other property or evidence.
2.Verification:
a. The member submitting currency during regular office hours will verify the amount by counting the currency in
the presence of the property custodian.
b. After regular office hours, currency totaling $1000 or less will be counted by two members and the property
receipt initialed by both before placing in the evidence or property lockers. The property custodian will be called
in to verify amounts that exceed $1000.
c. The property custodian will forward the currency to the administrative office for deposit. A cash receipt will be
attached to the property receipt.
3. Photocopying/Videotaping Currency:
The case officer will contact the State Attorney’s Office to determine if
currency must be photocopied or videotaped for admission as evidence in conformance with F.S. 90.953. The
officer is responsible for coordinating the photographing/videotaping with the evidence/property custodian.
a. The videotape or photocopy of currency will be retained by the evidence/property custodian and handled as
(Bills or coins considered a historical or collector’s item will not be deposited, but will be sealed in
evidence.
an evidence bag and maintained by the Evidence/Property custodian.)
b. After processing, the currency will be sent to the administrative office for deposit and a cash receipt will be
attached to the property receipt.
D. Flammable Liquids/Explosive Devices:
Flammable liquids and explosive devices must be handled as follows:
1.Flammable Liquids:
Flammable liquids will not be submitted to the property evidence room, except when
properly containerized evidentiary samples.
2.Explosive and Incendiary Devices:
Explosive or incendiary devices will not be submitted to the property
evidence room. Evidence (components) from these devices may be submitted after it has been rendered safe by a
bomb squad.
a. Cigarette lighters will not be submitted to the property room unless required as evidence for trial.
b. Dry cell batteries will not be stored in the property evidence room due to their caustic nature and the possibility
(Batteries will be removed from any impounded instrument or
of leakage, except when required as evidence.
device before submission.)
E. Drugs and Paraphernalia:
1. Packaging:
Drugs and paraphernalia to be analyzed should be submitted in as near to their original state as
possible. When two or more drugs are found together, they should be packaged separately to avoid contamination.
The following narcotics evidence requires special handling and packaging:
a. Needles must be removed from all hypodermic syringes. The contents of the syringe must be submitted in an
uncontaminated glass vial in order for the laboratory to accept it for analysis. The end of the syringe and the
plunger must be sealed with tape. The glass vial and syringe will be packaged separately. A biohazard-warning
(It should be noted that the Florida Department of Law
label will be affixed to both paper bags.
Enforcement laboratory will accept syringes when it is the only evidence available.)
Syringes that will not
be used as evidence will be placed in an appropriate biohazard box or plastic sharps container. “To be
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G.O. 19.1B
destroyed” will be noted on the property receipt.
b. Processed marijuana must be weighed and placed in paper bags. For plants, the dirt must be shaken from
the roots and the plants must be counted, weighed, and placed in paper bags.
c. Powder substances, i.e., cocaine, crystal methamphetamine, and heroin, must be weighed in their original
containers. The containers must be sealed, marked, and placed in paper bags.
d. Mushrooms can present difficulties with preservation and storage. During certain times of the year, the
mushrooms have a tendency to “liquefy” during storage. Therefore, mushroom evidence should be stored in
a way that avoids contact with other evidence. Whenever mushrooms are submitted to laboratory facility,
the transporting officer must notify the receiving laboratory technician of the contents so the package can be
held separate from other evidence
except evidentiary liquid found in a syringe
e. Water bongs and other paraphernalia containing a liquid ()
will be drained before submission. Paraphernalia items will be packaged separately to avoid contamination.
2. Quantity Control:
A procedure exists for the acceptance and release of narcotics. This procedure includes
and counted if in
provisions for quantity control and packaging inspections. Narcotics/drugs will be weighed (
pill or plant form
) before placement in evidence bags. After packaging and sealing, the total weight of the bag
and contents will be entered on the property receipt. During inspections and audits, the total weight may be
used to confirm quantity control without the need to open sealed evidence bags. Discrepancies found during
inspections will be documented and reported to the Chief of Police.
a. All narcotics turned in must be packaged, sealed and weighed at the time they are submitted.
b. The weight must be included on the property receipt, along with the “Total Sealed Weight”. This is to
avoid confusion when the lab letter later reports the weight of the narcotics alone.
c. All narcotics removed and/or returned to the property/evidence custodian will be weighed and inspected
for proper packaging. This will be documented on the Property Receipt along with the chain of custody.
d. Narcotics/drugs will only be released for the purpose of court presentation, destruction or analysis.
3. Container Inspection:
The property/evidence custodian will inspect submitted narcotic or dangerous drug
items as a safeguard against the substitution of materials having the same weight. Container inspection will
include checking evidence packaging for tears or leaks. During audits and inspections, evidence bags and
containers will be checked for tampering and weight differences.
F. Jewelry & Precious Metals: These items
shall be packaged in a separate bag with no other items. Evidence
tape must be over any openings and initialed along with the officer’s ID number and date.
G. Firearms:
An attempt shall be made to make the firearm “safe”, which means clear of any ammunition, prior
to submission to Property/Evidence. If efforts failed to make the firearm safe, contact a department armorer. If no
armorer is available the firearm should be locked in an evidence locker and the locker clearly marked
“LOADED FIREARM”.
1.
Handguns shall be sealed in a cardboard handgun box, long guns in a long gun box and secured with tie
wraps. Information regarding the firearm shall be entered onto the boxes in the appropriate areas. All firearms
MUST
be cleared through FCIC/NCIC and the hard copy of the response attached to the submission. All
ammunition shall be submitted in plastic evidence bags.
H.Knives and Sharps (Syringes, Razors):
These items will be packaged in the approved sharps containers
and/or knife cylinder or box located in the Patrol Room.
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G.O. 19.1B
V. RELEASE AND DISPOSAL OF PROPERTY EVIDENCE:
A.Authorized Releases:
Property or evidence may be released from the property evidence room under certain
conditions to include:
1.
Court presentation
2.
Owner return
3.
Examination
4.
Disposal
5.
Processing.
B.Authorized Persons:
Property or evidence may be released to authorized persons as follows:
1.
The member who submitted it.
2.
An investigator assigned the case.
3.
A member under a subpoena for a court presentation.
4.
Members authorized by the investigator assigned to the case or the original case officer.
5.(“Release to Owner” on the property receipt by the case officer
The owner with a release from the case officer.
will authorize the release of found property.)
6.
Another law enforcement agency.
7.
An Assistant State Attorney.
C.Chain of Custody:
When an item is passed to another person in the agency, the person receiving the property or
evidence is responsible for signing the property receipt and maintaining security for the item. When evidence is
retained by the court, the member must return a copy of the property receipt to the Property/Evidence custodian. The
copy will include the date and time of transfer of custody and the signature of the person who received the item(s).
D.Property Return to Property/ Evidence:
When property or evidence is returned to the Property/Evidence
custodian the member will:
1.
Properly bag, seal, or tag the property or evidence.
2.
Print and sign their name in the next blank space in the chain of custody section of the property receipt.
3.
Print the date and time the items were returned.
4.
Place the item(s) in a designated locker or storage area.
5.
Contact the evidence/property custodian if the item(s) must be entered directly into the property evidence room.
E.Owner Release:
Some property or evidence may be returned to the owner immediately. The member releasing
the property must photograph the item(s), and obtain a signature from the owner, or person receiving the item(s), in the
appropriate signature block on the property receipt. The member will write, “Returned to Owner” in the transaction
block of the property receipt and forward the original property receipt to the Property/Evidence custodian.
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G.O. 19.1B
F. Evidence Disposal:
When evidence is destroyed, the date, time, a list of the items destroyed, and names of
witnesses to the destruction will be recorded on the appropriate property receipt and property log.
1.Owner Return:
Evidence may be photographed and returned to the owner in certain cases with the courts
approval.
2. Weapons:
Guns, rifles, and other weapons will be disposed of in conformance with F.S. 790.
3. Controlled Substances:
Drugs, paraphernalia, and similar property will be disposed of in conformance with F.S.
893.12.
4. Unclaimed Evidence:
Unclaimed evidence that is not retained by the court will be disposed of in conformance
with F.S. 705.
5. Pornographic Material:
Lewd and obscene material will be disposed of in conformance with F.S. 847.
G. Found and Abandoned Property:
Unclaimed found or abandoned property will be retained by the agency for
90 days before any disposition.
1.
Found or abandoned property may be converted for agency use, turned over to another city government
component, given to a charitable organization, traded to another governmental entity, sold at a public auction, or
awarded to the finder if a claim is made. Motor vehicles, vessels, and firearms will not be returned to the finder.
2.
An owner must make the claim in person, by appointment, to the Evidence/Property custodian.
3.
An advertisement will be placed in local newspapers at least 45 days before the end of the 90-day holding period
if the owner is not located. The advertisement will be paid for by any person wishing to claim the property.
4.may not
Agency members and their families make a claim on property found while conducting official agency
business.
5.
Firearms turned into the agency will be returned only to the owner.
VI. GLOSSARY:
ABANDONED PROPERTY - Tangible property having no identifiable owner, which as been disposed of on public
property in a wrecked, inoperative, or partially dismantled condition, or which has no apparent intrinsic value to the
rightful owner. Boats and vessels determined to be derelict in accordance with F.S. 823.11 are not to be considered
abandoned.
CHAIN OF CUSTODY - Written record of all individuals who had control/custody of property or evidence.
EVIDENCE - A physical object related to a crime.
EVIDENCE LOCKERS - Property Evidence lockers designated as secure, but accessible to members, for deposits of
evidence after business hours.
FOUND PROPERTY - An item discovered by a person who is not the owner.
FORFEITURE PROPERTY - Property seized by agency members for processing under the Florida Contraband
Forfeiture Act.
HAZARDOUS MATERIALS - Flammable or combustible liquids, substances or materials, caustic acids, explosives,
hazardous chemicals, or other substances and materials that could be hazardous to the health or well-being of humans.
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G.O. 19.1B
LOST PROPERTY - Personal property mislaid on public property, a public conveyance, premises used for business
purposes, in parks, places of amusement, public recreation areas, or other places open to the public in an operable
condition or which has an apparent intrinsic value to the rightful owner.
MISCELLANEOUS PROPERTY - Non-evidentiary property impounded for temporary protection or destruction.
UNCLAIMED EVIDENCE - Any tangible personal property, including cash, that is not defined as a contraband article
in F.S. 932.701 (2), which was seized by a law enforcement agency, intended for use in a criminal or civil proceeding,
and is retained by the law enforcement agency or the clerk of the court for 60 days after the final disposition of the
proceeding and to which no claim has been made.
INDEXING:
ABANDONED PROPERTY
AUDITS, PROPERTY
BICYCLES
CURRENCY SUBMISSIONS
EVIDENCE SUBMISSIONS
FOUND PROPERTY
HAZARDOUS MATERIALS
INSPECTIONS, PROPERTY
INVENTORIES, PROPERTY
LOST PROPERTY
MARIJUANA SUBMISSIONS
MOPEDS
NARCOTIC SUBMISSIONS
PROPERTY
PROPERTY EVIDENCE CUSTODIAN
PROPERTY HANDLING PROCEDURES
PROPERTY RECEIPT
PROPERTY RELEASE
PROPERTY SUBMISSION
DRAFTED:
DJR/November 2007/Filed. PRPTY19.1
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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