1. Property & Evidence
2013

2. Opening Issues: Duty to Disclose Exculpatory Evidence to Prosecutor
Prosecutor then decides what is exculpatory and what must be turned over to defendant.
Brady v. Maryland, 373 U.S. 83 (1963).
Chain of Custody-Can Item be identified as the same item which was seized.
Narcotics etc. have no distinctive identifiers-document, document, document
Serial numbered items not as difficult-document

3. Intake Process: Documentation by seizing officer
Packaging-key to keeping things straight
Weapons safety
Secure area/limited access until turned over to property-evidence
Pass-thru lockers
Lockers-once closed: auto lock-recovery by property/evidence
Mail Box
Camera-recording of area

4. Verification once passed to property-evidence
Property/Evidence officer to verify item/quantity reportedly seized is the item which is turned over to property/evidence
Paperwork compiled-item properly packaged-stored in accord with agency system
Bar-coding

5. The Big 3:
Money
Guns
Drugs

6. Money
New Smyrna police chief 'shocked' that cash was stolen from evidence room
May 17, 2013|By Susan Jacobson, Orlando Sentinel
The acting New Smyrna Beach police chief was "shocked" to discover that lax security procedures allowed someone to steal money from the department's evidence room, he said Friday.
A total of $1,220 is missing from two 2007 case currency bags and one 2010 case bag, Interim Chief Mike Brouillette said,

7. Money Who counts it? (particularly large amounts)
Is there a need to keep it in property room
Consider Bank-
Individual Deposits
Accurate Count
Deposit Slip-attach to file as well as property record
Upon return to an individual use withdrawal slip as part of documentation
If money forfeited transfer slip to agency forfeiture account

8. Drugs and Money
Ex-police employee guilty; Stole drugs and cash from evidence room the Commercial-Appeal [Memphis, TN] ^ | January 21, 2004 | Chris Conley Posted on 1/21/2004 3:43:19 PM Ex-police employee guilty; Stole drugs and cash from evidence room" By Chris Conley January 21, 2004 When Kenneth W. Dansberry was running the Memphis police evidence room - and using his position to loot it of drugs and money - he grew so swamped with cash that stacks of it grew mold. Dansberry, 41, a former Police Department civilian employee, pleaded guilty in federal court Tuesday to a wide array of drug conspiracy and money laundering charges.

9. Narcotics Consistent packaging
Separately vaulted-vault within the vault
Consider two-person access where resources allow i.e. double-keyed vault-takes conspiracy to remove drugs
Weights-going in-going out
Chain of Custody-document, document, document

10. Guns Cops: Former Davenport police employee stole gun from department
9:27 p.m. EST, September 7, 2012|By Susan Jacobson, Orlando Sentinel
A former Davenport police evidence custodian was arrested Friday after investigators said she stole a gun from the agency.

11. Guns Unloaded and safely packaged Separately vaulted where possible
Double-Key system

12. Serological Evidence Watch state laws i.e. S.C. Code Ann. § 17-28-70
Preserve properly i.e. refrigeration/air drying/proper packaging---suggested practices for maintaining the sample without degradation
DNA
Avoid allegations of spoliation of evidence

13. Security Issues Generally
Limited Access
Alarm
Recorded Video Surveillance-Motion activated

14. Inspection and Audit Inspections Audits
Random Sampling on Regular Basis
High Risk- Big 3 Items
Audits
At minimum when there is change of personnel
Protects everyone
Percentage of Big 3 Items
Eg. CALEA sampling chart

15. Get rid of anything that can go…
Key component is following case dispositions
Determine finality of case under state law
Once case hits finality-determine proper disposition
Does it go back to someone. i.e. self-defending gun owner
Does it get destroyed-contraband
Can it be used by law enforcement (state law)
Can it be auctioned (state law)

16. Non-Evidentiary items
Safekeeping
Found Property
State Law on Property generally identify “abandoned property” to include property held by government for a set period of time with presumption of abandonment
Once abandoned-state law dictates how property will be disposed of.
Notice requirements
Time requirements

17. Supreme Court Arizona v. Youngblood, 488 U.S. 51 (1988).
Lost Evidence must be exculpatory;
Defendant has no alternative means of demonstrating their innocence and;
Defendant must show there was “bad faith” on the part of law enforcement.
See also- Illinois v. Fischer, 540 U.S. 544 (2004).

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