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HomeMy WebLinkAboutEVID COLL & PROS 19.2 TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: COLLECTION, PROCESSING AND PRESERVATION OF EVIDENCE GENERAL ORDER: 19.2 EFFECTIVE: October 1, 1998 RESCINDS: NEW PAGES: 7 CONTENTS: This order consists of the following numbered sections: I. CRIME SCENE RESPONSIBILITY II. PROCESSING III. EVIDENCE COLLECTION IV. FINGERPRINTS V. CRIME SCENE PHOTOGRAPHY VI. VIDEOTAPES VII. CRIME SCENE PHOTOGRAPHY VIII. BIOHAZARDOUS MATERIALS IX. FIREARMS AND AMMUNITION X. VEHICLES XI. EVIDENCE DOCUMENTATION XII. LABORATORY SUBMISSIONS XIII. TRAINING XIV. GLOSSARY PURPOSE: To establish procedures for the location, documentation, processing, and preservation of evidence at a crime scene. SCOPE: This order applies to all members involved in the processing of crime scenes or evidence handling. POLICY: Officers and detectives will identify, record, preserve, collect, and store evidence recovered at crime scenes in conformance to this order. PROCEDURE: I. CRIME SCENE RESPONSIBILITY: A.Officer Responsibility: The first officer to arrive at a crime scene is responsible for securing the scene to reduce the risk of damage, loss, or movement of evidence. Access to the scene will be restricted to essential persons. Officers will process crime scenes that require minimal latent investigation to include: 1. Recording the names of persons who enter or leave the crime scene. The names can be documented in an incident report for crime scenes requiring minimal latent investigation, and in a log for all serious crimes. G.O. 19.2  2. Photographing, diagramming, and sketching the scene, if applicable. 3. Protecting, collecting, and preserving the evidence. 4. Collecting latent fingerprints. B.Supervisor Responsibility: A supervisor may authorize the call-out of a detective for major crime scenes, cases of substantial property loss, or when extensive processing is required. The supervisor will request an on duty or on- call detective through the communications center. C.Detective Responsibility: The detective dispatched to a scene will respond in an agency-issued vehicle with equipment necessary to photograph, videotape, and sketch a crime scene; recover latent fingerprints; and collect and preserve physical evidence. This equipment includes, but is not limited to: 1. Fingerprint powder, brushes, tape and cards; 2. Cameras and film; 3. Storage containers, paper and plastic bags; 4. Sketch pads, pencils and pens; and, 5. Biohazard containers and labels. D. Detective Responsibility: The detective assigned to investigate a crime scene is responsible for the coordination of members at the scene. The detective will release the crime scene only when the collection of evidence has been completed. II. EVIDENCE PROCESSING: A.Processing Responsibility: One officer or detective will be designated to process evidence. B. Evidence Search: A systematic approach will be used when searching for evidence to ensure that hidden evidence is not overlooked. The overall scene will be studied first since the relationship between evidentiary items may be important. III. EVIDENCE COLLECTION: A.Collection: Evidence will be collected, labeled, and packaged carefully so it will be preserved and a chain of custody maintained. 1. Evidence Preservation: The condition of evidence found at a crime scene will be preserved by limiting the scene to only necessary investigating members. Crime scene tape will be placed around the perimeter of the crime scene to prevent unauthorized access, when practical. Protective clothing, to include latex gloves, may be worn to protect fluid and fiber evidence. These procedures will limit the disturbance of evidentiary items and the introduction of foreign materials. a. All scenes should be entered by the same route least likely to disturb any evidence and all members responding should use the same route. Only personnel necessary to participate in the investigation will be permitted into the area. b. Evidence likely to be lost prior to processing should be protected or preserved for processing at a later date. (Example: Bloodstain is located on the ground and rain is imminent. The processor should cover the area.) c. All evidence should be protected (tire tracks, footprints, items dropped by fleeing perpetrators, etc.) 2 G.O. 19.2  d. Personnel on the scene should not assume items are not evidentiary, as subsequent investigation may prove otherwise. 2. Sample Collection: A complete evidence sample will be collected at a crime scene when possible and practical. Obtaining complete samples may include the impounding of materials/objects upon which fluids, liquids, and physiological evidence is found. These materials may include, but are not limited to: a. Bed sheets; b. Carpeting; and, c. Clothing. 3. Biological Evidence Collection: Perishable and biological materials will be refrigerated, as soon as possible, in the refrigerator in the secured area of the Property/Evidence Section. These materials will remain refrigerated until the case officer determines the type of testing to be done. The preparation and handling of the evidence will be done in accordance with the FDLE Evidence Submission Manual. Evidence that will be refrigerated includes, but is not limited to, blood and Sexual Assault Kits. 4. Liquid Collection: Proper containers will be used for the collection and storage of liquid evidence. Vials and small glass collection bottles will be used to prevent spillage and contamination. The containers will be sealed with evidence tape, initialed, and placed in a paper evidence bag. The evidence bag will be properly marked and identified with a biohazard warning, if applicable. All other fluids or residue shall be submitted in accordance with FDLE guidelines. 5. Dried Body Fluids: Property that contains dried body fluids should be packaged in a paper container. B.Property/Evidence Marking: Items will be marked so not to damage or contaminate the evidence. The collecting member's initials should be placed directly on items of evidence for positive identification in later court pro- ceedings. Items that cannot or should not be marked, such as hair, paint, stains, bullets, or items submitted for latent print processing will be placed in a suitable container that will be sealed and marked. C.Packaging: Certain items of evidence require distinct packaging methods. The type of evidence seized will be the determining factor for the packaging method utilized. These methods include: 1.Plastic Bags: Plastic bags are suitable for small, dry objects not requiring serological analysis. Damp or biological items will not be placed in plastic bags. 2. Paper Bags: Paper bags are suitable for dry objects or for wrapping garments or large items. D.Labeling: If the size of an item prohibits placement in an evidence bag, a completed property tag will be attached directly to the item. E.Wet Evidence: Wet items to be submitted for evidence processing will first be dried in the drying room. During non-duty hours, a Property/Evidence Custodian will respond to assist an officer with the drying process. The drying room is located in the Property/Evidence room, both rooms are secured. IV. FINGERPRINTS: A. Fingerprint Preservation: The processing of an item for latent fingerprints as soon as possible will assist in preventing contamination or destruction of a latent print. Items not processed at the crime scene will be protected by a paper wrap or paper evidence bag until processing is completed. The use of latex gloves is recommended when processing latent prints. B. Fingerprint Types: An attempt will be made to obtain latent fingerprints from items found at the crime scene. The member processing the crime scene will determine what items and/or areas may contain latent fingerprints. 3 G.O. 19.2  Fingerprints are divided into three categories that include: 1. Cast Fingerprints: Fingerprints visible to the naked eye that are found in blood, ink, grease, or soft substances such as clay. Photographs of the visible fingerprint will be taken for processing purposes. 2. Latent Fingerprints: Latent fingerprints are not visible to the naked eye and must be developed. The member doing the processing will determine the chemical method to be utilized. Smooth, non-porous surfaces are the easiest and most desirable from which to obtain latent prints. Standard latent fingerprint processing can be accomplished using the following procedure: a. Brush the area to be processed with a small amount of latent print powder in a gentle, circular motion. b. Place transparent tape over the developed fingerprint. c. Lift the visible print outline onto the bottom of the adhesive. d. Place the tape onto the front of a latent lift card. 3. Rolled Fingerprints: Fingerprint cards from arrested persons will be stored in file cabinets. Rolled fingerprint cards are documentation available for latent print comparisons. C. Fingerprint Labeling: When latent fingerprints are developed and lifted, the following will be recorded on the latent lift card: 1. The case number, date, lift number, lift location, and the name of the member lifting. V. CRIME SCENE PHOTOGRAPHY: A. Photographs: A case officer, supervisor, or detective will photograph all significant aspects of a crime scene. The overall crime scene will be photographed to provide a special relationship to individual items photographed. Evidence will not be disturbed or moved until it has been photographed in its original position. B. Documentation: Photographs should be taken during the preliminary and investigative phases of cases involving homicide, sexual battery, arson, robbery, and aggravated assault/battery. If not taken, the case officer will document the supporting explanation. VI.Digital Media: Members will record the date, time, location, and case number when evidentiary photographs are taken. VII. CRIME SCENE SKETCHES: A. Requirements: A case officer or detective may sketch a crime scene, if necessary. The sketch will include only the essential objects of the crime scene and the relationship to each other. Scene sketches will include the following: 1. An arrow showing the direction of north; 2. Physical dimensions and measurements; 3. Proximity of the crime scene to other buildings and roads; 4. The specific address including floor, apartment, or room number; 5. The location of significant features at the scene including the victim and items of evidence; 4 G.O. 19.2  6. The date and time the sketch was drawn; 7. Name of the individual preparing the sketch; 8. Case number, type of investigation; and, 9. Notation, “Not to Scale.” B.Routing: A case officer that completes an original sketch will maintain the sketch in a master case file. VIII. BIOHAZARDOUS MATERIALS: A. Exposure Prevention: Exposure to blood borne pathogens such as HIV and Hepatitis B can occur by the accidental exposure to contaminated blood or body fluids on sharps. The following safety considerations will be adhered to by members handling biohazardous evidence: 1. The exterior of all packages and containers will be marked with the international biohazard symbol and label if the package contains liquid or dry blood, body-packed contraband, body parts, syringes, body fluids such as semen, vaginal fluid, or urine, and unknown fluids. 2. Liquids, to include blood and urine, will be packaged in containers that can accommodate the full contents and prevent leakage during handling, transport, and storage. B. Contaminated Evidence Packaging: Sharps contaminated by blood or body fluid will be packaged in rigid, “WARNING: puncture resistant, leak proof containers that bear the international biohazard symbol and label. CONTAINS SHARPS” will be written on the exterior of the packaging by the submitting member. C.Uncontaminated Evidence Packaging: Glass sharps will be packaged to prevent breakage. Knives, razor blades, and other uncontaminated items will be secured within cardboard or in a box. The exterior of each package “WARNING: CONTAINS SHARPS.” containing sharps will be marked: IX. FIREARMS AND AMMUNITION: A. Packaging: All firearms will be unloaded before packaging. Firearms and ammunition will not be packaged together. Firearms that do not contain latent or blood evidence will not be packaged in a bag, box, or container. All firearms will be rendered safe and have a completed evidence tag attached. All bullets and cartridge casings from the tagged weapon should be packaged separately in a paper evidence bag. B.Latent Evidence: Firearms that contain latent or blood evidence will be rendered safe and packaged in a paper “WARNING: CONTAINS FIREARM bag. The exterior of the bag will be labeled: ,” for latent evidence and “WARNING: BIOHAZARD ,” for blood evidence. X. VEHICLES: A. Processing: Vehicles that are, or contain, evidence of a crime will be examined and processed for fingerprints and other forms of evidence during the criminal investigation. All items removed from a vehicle will be treated as evidence and marked and packaged as required. B.Security: Vehicles requiring processing to such an extent that an on-scene examination is not practical will be impounded and removed to a secure area where exposure to the elements is minimal. The vehicle will be secured and all openings sealed with evidence tape. A detective will process vehicles stored in this manner. C. Vehicle Release: A vehicle impounded for evidentiary purposes may be released to the owner or agent only when processing is completed and release is authorized by the case officer. 5 G.O. 19.2  XI. EVIDENCE DOCUMENTATION: A.Property Receipt: A Property Receipt will be used to document all evidence recovered from the scene of a crime, except fingerprints and photographs taken during a criminal investigation. The completed form will include: 1. A description of the items collected including the make, model, and serial number. 2. The location and identity of the person from whom property was obtained. 3. The name of the person collecting the item. B.Chain of Custody: Whenever a transfer of custody of physical evidence takes place, it will be documented on the property receipt to include the following: 1. The date, time and method of transfer; 2. Receiving person’s name and responsibility; and, 3. Reason for the transfer. C.Crime Scene Records: A detective who processes a crime scene will prepare a report supplement for inclusion in the case officer’s file. Documentation on the supplemental report will include: 1. Case number and type of offense; 2. Date and time of arrival at the crime scene; 3. Name and ID number of the reporting member; 4. Date of supplement; 5. Victim’s name; and, 6. Description of the detective’s investigation including a brief description of any photos taken. XII. LABORATORY SUBMISSIONS: A. Responsibility: The case officer is responsible for requesting a laboratory analysis of evidence. The Property/Evidence custodian is responsible for transporting evidence to the laboratory for analysis, unless transported by the case officer or a designee. B.Request Documentation: All evidence submitted to a laboratory will be in accordance with the guidelines established in the Florida Department of Law Enforcement Crime Laboratory Evidence Submission Manual. Submissions to the FBI lab or to a private laboratory will be accompanied with a letter from the appropriate supervisor/detective requesting an analysis. Evidence requiring laboratory analysis by the FDLE lab will be accompanied by an FDLE Request for Examination of Physical Evidence form. The request form will contain at a minimum: 1. Name and location of the laboratory; 2. A synopsis of the event or offense; and, 3. The examination(s) required. C. Receipt Documentation: A Contributor Receipt Copy of the Request for Examination of Physical Evidence 6 G.O. 19.2  form must be obtained from the lab employee who receives the evidence into the laboratory. Information on the receipt form will include the date and time of receipt in the laboratory, and the name and signature of the person receiving the evidence. D.Comparison Sample: When evidence must be sent to a laboratory for analysis, a comparison sample of the same material will be submitted, if available. The comparison will be taken from a know source in proximity to the area of the collected evidence. (Hair evidence found at a scene may require that a sample be taken from the victim for comparison.) E. Time Constraints: Items that are to be submitted to a laboratory for further analysis will be processed according to the listed timetable. If there is a delay in the submission of evidence for any reason, the evidence will be stored in the Property Evidence Section and the case officer will note the reason in a report supplement. 1. Tissues will be submitted as soon as possible. 2. Wet items, such as blood and clothing, will be submitted within ten working days after the material has dried. All items to be dried will be submitted directly to the Property/Evidence Custodian. The items will be air dried in the secure drying room located within the Property/Evidence section. 3. All other physiological fluids or stains will be submitted within ten working days. F. Laboratory Results: A laboratory analysis result(s) report will be generated by the laboratory and placed into the case file. XIII. DISPOSITION OF EVIDENCE: A. When the court has officially disposed of a case, the Property/Evidence Custodian will dispose of the evidence associated with the case number, according to the orders of the court. B. Evidence, which is left unclaimed after the disposition of a case, shall be disposed of in accordance with applicable laws. XIV. TRAINING: A.Initial Training: Officers are trained in crime scene processing procedures during criminal justice academy classes, and receive further training during the agency's field training program. B.Specialized Training: Detectives will receive specialized training to include: 1. Photography to include crime scenes; 2. Detection and collection of latent fingerprints and palm prints; 3. Detection and collection of foot, tool, and tire impressions; 4. Preparation of crime scene sketches; and, 5. Collection, preservation, and transmission of physical evidence including biological material. 6. Periodic refresher training. C.In-Service Training: In-service refresher training will be provided to all members involved in crime scene processing. This training will ensure that members remain proficient in their job tasks and agency procedures. In- service training topics will include updates in new techniques and equipment. 7 G.O. 19.2  XIV. GLOSSARY: CHAIN OF CUSTODY - The transfer of evidence from one person or place to another. EVIDENCE - Any substance or material found or recovered in connection with a criminal incident. SHARPS - Any object or device capable of puncturing the skin. Sharps include glass tubes, razor blades, scalpel blades, knives, hypodermic needles, and syringes. INDEXING: BIOHAZARDOUS MATERIALS CHAIN OF CUSTODY CRIME SCENE PROCESSING EVIDENCE FINGERPRINTS LABORATORY SUBMISSIONS LATENT LIFT CARDS PHOTOGRAPHS, CRIME SCENE SHARPS DRAFTED: RLG/March 13, 1998/Filed: EVIDEN19.2 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 8