Chain of Custody-Evidence Property
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Source file: 1.16 Chain of Custody-Evidence Property.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
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Policy & Procedures No. 1.16
Subject:
Chain of Custody-Evidence/Property
Issuing Authority: Effective Date: Review Date:
Chief of Police 01/01/2014 11/26/2023
References:
Review
Revision 2/20/2016
Reissued 1/19/2019
Dates: 2/26/2020
GENERAL CONSIDERATIONS AND GUIDELINES
C.A.L.E.A. Standards
84.1.1 84.1.6
84.1.2 84.1.7
84.1.3 83.2.1
84.1.4 83.3.1
84.1.5 83.3.2
I. POLICY: To ensure that evidence and property in the possession of the Canton
Police Department be properly secured, stored, readily retrieved, and
that any changes in location/custody have been properly and
completely documented. 84.1.5
The purpose of this policy is to establish guidelines for maintaining the
integrity of the chain of custody for all articles in our possession
whether they be evidence, contraband, lost property, or items for
safekeeping.
DEFINITIONS: For the purpose of this directive, the following definitions apply:
A. Chain of Custody: The documentation of evidence/property from its initially
discovered location through its continuity of custody with the Canton
Police Department. The documentation should include the date/time
each item was located, where each item was located, name of the
person/officer who initially located same. Each time the item/s is
transferred to the possession of another officer/agency, the name
of the person receiving such item/s, the date/time of the exchange,
and the signature of the person taking receipt shall be recorded on the
property/evidence receipt to be entered into the in-house computer
system. 83.2.1 (1G)
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The connotation, under the law, is that the item or material introduced
into evidence, must be proven to be the same as that obtained initially.
B. Temporary Evidence Room: Any secured designated repository used to
TEMPORARILY store evidence located in the room adjacent to the
common mailboxes. The secured repositories consist of the 16
temporary lockers, the shelves designated for larger items, the safe and
the small refrigerator. 84.1.3
C. Evidence/Property Officer: The Canton Police Officer accountable for
control and maintenance of all evidence/property accepted by or stored in
the evidence room of the Canton Police Department.
D. Evidence Room: Secured facilities or storage containers utilized by the
Evidence/Property Officer to store evidence on a PERMANENT
basis.
E. Abandoned/Found Property: Any lawful item of property, the control of which
is taken into custody for safekeeping for the purpose of identifying and
returning the property to its rightful owner (ie. found cell phone)
F. Impounding Officer: Any law enforcement officer who initially receives the
evidence/property and initiates the chain of custody.
G. Physical Evidence/Recovered Property: Any substance or material found or
recovered in connection with a criminal investigation (ie. jewelry from a
B&E).
H. Confiscated Property: Any item of property seized in compliance with law
by an officer, that does not meet the criteria above for evidence or
found property (ie. 209A weapons). Any firearm that is not regarded
as evidence in a criminal case, will be transferred by the Evidence
Officer to the Head Firearms Officer, to be secured in the department
armory until such time that they can be picked up by the outside storage
facility contractor.
II. PROCEDURES
COMMAND: The Chief of Police shall assign a sworn officer as the
Evidence/Property Officer. Their duties and responsibilities are specified
in the Canton Police Department Regulations.
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II. GENERAL SECURITY:
A. Designated member(s) of the Canton Police Department authorized by the
Chief of Police are the only personnel who may enter the PERMANENT
evidence room. The Designated Lieutenant and the Evidence Officer
(Admin. Sergeant) are the only members designated at this time. 84.1.2
B. Designated officer(s) will utilize their scan cards to enter the Permanent
Evidence room and that information will be stored electronically.
C. No other person may enter or remain in the PERMANENT evidence room
unless the evidence officer is present. The purpose of entering the evidence
area shall be specifically related to the evidence function or building
maintenance.
D. The PERMANENT evidence room shall be kept locked at all times during
the absence of the evidence officer and no one shall have the capability of
unlocking the door except the Designated Lt and Admin. Sgt. All entries will
automatically be recorded on the Security Door Access Computer and video.
84.1.2; 84.1.3
E. The TEMPORARY evidence room can be accessed by the Chief, Deputy
Chief, Lieutenants, Sergeants and Officers in Charge for the Canton Police
Department. Its purpose is to temporarily secure items that have been
confiscated until they can be placed in PERMANENT evidence by the
designated sworn officer. 84.1.3
III. EVIDENCE-PACKAGING/LABELING: In cases where physical evidence is to be
turned over to the evidence officer for processing and safekeeping, the
following procedures will be followed: 83.2.1; 84.1.1 D
All property herein to include evidentiary, seized, recovered, impounded,
abandoned and found, shall be tagged and secured in an evidence locker
area in temporary evidence. It shall be accompanied by a printout of the
report and/or log entry and the computer-generated evidence receipt.
84.1.1 A,B,C; 84.1.2
If the item bulky, oversized or too large for a locker, it will be tagged and
stored on a shelf in the temporary evidence. A report and computer-
generated evidence receipt will accompany it, followed by an email to the
evidence officer. From there it will be stored on a shelf in Permanent
Evidence designated for oversized items. 84.1.1 (9G)(10G); 84.1.2
.
The Shift Supervisor; shall oversee that all procedures for packaging,
labeling, and temporarily securing all evidence have been adhered to. In
addition, the following procedures shall be followed for these special items:
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A. CURRENCY: 84.1.1 E; 84.1.2; 84.1.5 All monies shall be counted by the
impounding officer and verified by the shift supervisor or OIC. 83.2.1
Both shall sign the evidence receipt generated by the computer. Money
recovered from different areas (i.e. vehicle vs. pants pocket) should not be
combined. A separate evidence bag shall be used for currency recovered from
each location. A separate line entry shall be used on the computer evidence
receipt for all currency recovered. It should detail the serial number of each bill,
the denomination of the bill and the location found. Monies will then be placed
in a plastic tamper-resistant plastic bag (s) and placed in the temporary locker to
await removal by the Evidence Officer to the Permanent Storage Safe.
NOTE: If the bills are wet or have blood on them, do not place in a
plastic bag. Follow all the other instructions, but utilize paper
envelopes/bags. Place a piece of “Biohazard” tape on the
outside of the paper bag. Place the currency in the temporary
locker to air dry.
B. CONTROLLED SUBSTANCES: 83.2.1; 84.1.1 E; 84.1.2; 84.1.5
1. All controlled substances shall be placed in evidence bags of appropriate
size. A supply of assorted bags will be kept in the Booking Area or the
Temporary Evidence Room. All controlled substances will be weighed
(scales will be provided in the Booking Area) in their original packaging
by the confiscating officer and witnessed by the Sergeant/OIC. Both will
sign the computer-generated evidence receipt. All items will be placed in
the temporary lockers accompanied by a computer-generated evidence
receipt and copy of the report. 84.1.1 (9C)
2. Controlled Substances should NEVER be left on the shelves in
temporary evidence. Controlled Substances should NEVER be stored
anywhere in the Canton Police Department except the designated locked
evidence storage areas, unless the items are too numerous and bulky to
store in this manner (ie. hundreds of marijuana plants). The evidence
officer should be immediately notified by phone of this situation. 84.1.2
3. Capsules, pills, marijuana joints, small packets, and all countable items
shall be counted. Controlled substances seized from different people
or from different locations shall be counted and packaged separately.
Different pills should be placed in different glassine evidence bags.
Marijuana plants should be allowed to die and air dry-they should not be
placed in any type of plastic bag
4. Different controlled substances found on the same person should also
be counted and packaged separately.
5. Paraphernalia related to the controlled substance seizure shall be
placed in a different evidence bag than the drugs themselves, unless
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the drugs are contained within or adhering to such paraphernalia.
Hypodermic needles will be placed in a biohazard safe SHARPS
container and such containers shall have an evidence label adhered to
same.
C. FIREARMS: Firearms shall be labeled and placed in a cardboard box (located in
the Booking Area and Temporary Evidence) All firearms shall be
unloaded and cleared prior to being placed in a locker in temporary
evidence. A report and computer-generated evidence receipt shall
accompany the firearm.
If, for evidentiary purposes or other reasons, a firearm cannot be
unloaded, a warning label shall be affixed to the outside of the
locker and to the firearm. 84.1.1 E; 84.1.2; 84.1.5
D. BICYCLES: A bicycle being submitted as EVIDENCE (not found property) will be
tagged appropriately. It will be placed inside temporary evidence with
a hanging evidence tag affixed to it. A report and a copy of the
computer property receipt will accompany it. 84.1.1 E; 84.1.2; 84.1.5
IV. SUBMISSION: 83.2.1; 84.1.1; 84.1.2
A. All property/evidence shall be submitted and logged into IMC as soon as
possible and prior to the officer completing his tour of duty. 84.1.1 A(1,2)
B. Officers shall take reasonable precautions in the handling of physiological
specimens, items contaminated with physiological fluids, chemicals,
contaminants, and hazardous materials to avoid contaminating themselves
or others with infectious or harmful agents. The use of protective gloves,
laboratory coats or jumpsuits, filtering masks, and safety goggles should be
used when appropriate. Hands should be washed frequently. Work
surfaces shall be cleaned after each case.
V. IMPOUNDING EVIDENCE:
A. The evidence officer shall be responsible for receiving, storing, maintaining,
releasing, and accounting for all evidence in compliance with established
departmental policy and all laws.
B. All monies shall be counted by the impounding officer and verified by a
second officer. Monies will then be placed in a tamper-resistant bag and
placed in the evidence room or locker. 84.1.2
C. The evidence officer shall remove all evidence from the evidence lockers
during his/her tour of duty. All items shall be inspected to ensure that the
items are properly packaged and that no tampering has occurred. The
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accompanying documentation shall be examined to ensure accuracy,
completeness, and the proper chain of custody.
D. The evidence officer shall immediately report any indication of evidence
tampering, or improper documentation to the Chief of Police.
E. All evidence and property received by the evidence officer will be entered
into the computerized evidence record system as soon as possible. These
records will reflect the status of all property held and locations. The status
will be reflected as follows:
VI. CUSTODY STATUS: 84.1.5 This reflects the current status of recovered
property/evidence that is currently part of an active case investigation awaiting court
and/or final disposition. Anytime a piece of evidence, found or recovered property
is to leave the secured evidence room, for any of the following reasons listed below,
it shall be entered into the custody field by the releasing evidence officer. All
monies, precious jewelry, and all other valuables shall be accounted for prior to and
subsequent to each item returned.
A. Court Proceedings: reflects property/evidence that has been released
investigator or officer for court proceedings.
B. Lab Analysis: indicates that property/evidence from an active case that has
been released for lab analysis to an accredited laboratory. The
property/evidence officer releasing the item(s) shall note the location of the
analyzing lab. A drug receipt will be completed for all controlled substances
that are to be analyzed. Controlled substances to be analyzed will be
transported to the State Laboratory Institute by the evidence officer or
his/her authorized relief. Such submissions shall be monthly and processed
in accordance with the procedures of the Institute. The evidence officer shall
obtain a copy of the drug receipt for the department's records. Each item will
also be noted in the custody field of the property/evidence report. 83.2.1 (1F)
C. Moved to Secondary Location: reflects status of property/evidence that
has been moved by evidence officer for storage or inventory purposes.
D. Released to Officer: indicates property/evidence that has been released to
an officer for supplemental investigation purposes.
E. Released to Investigator: indicates property/evidence that has been
released to an investigator for supplemental investigation purposes.
F. Released to Owner: items that have been released to owner. Each item
released to owner should be indicated in the narrative (e.g., case may still be
active, however, the item released shall be photographed). Property
officers shall not release any items to the owner without express
consent from either the court or the investigating officer in charge of
the case. 84.1.1 G
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G. Released to Agent: items that have been released to an Agent of the
Owner (i.e. Attorney).Property officers shall have received consent from the
court or the investigating officer and have written consent from the rightful
owner of the evidence or property. If the property belongs to a company
(i.e. Marshall’s-items that have been shoplifted) the manager or his/her
designee can be regarded as the agent.
H. Released to Other: items released to persons that do not fall in the above
referenced categories. This category will only be used with the permission of
the Officer in Charge of Property.
VII. EVIDENCE/PROPERTY - INDIVIDUAL ITEM STATUS: 84.1.5 Each individual
piece of evidence or property will be identified as one of the following status
indicators:
A. Auction: Items that have been lawfully deemed available for auction. These
items will be itemized as Auction, and the anticipated pickup date by
Property Room.com identified.
B. Destroyed: Items that have been destroyed by other agencies (i.e., State
Police - Firearms, Knives, Ammunition, etc.; State Destruction; State Fire
Marshall - Fireworks and other Hazardous Material; and others). These
items will be termed as Destroyed or Destroyed at Lab, and date and
method of destruction indicated within the narrative of the property report.
C. Pending: Items that are still physically being held but are pending the next
phase of their disposition. These items will be termed as Destruction
Pending. All other items held will be reviewed on a case by case basis
annually (i.e., an item received on 03/01/11, should be reviewed on 03/01/12
or as close to that date as possible).
D. Returned To: Items that have been returned, such as found/recovered
property that can be given to an identifiable person or agency shall be
identified as RET-Owner, RET-Agent; with the date, time and name of
officer returning same indicated. The Evidence Officer shall make and
document all attempts to identify and notify the owner or custodian of
property held in the evidence room. Evidence will be Photographed and
returned to the owner whenever possible. 84.1.1 (11)
E. Other: items returned (i.e., RMV documents, plates, licenses, etc.,) which
are or will be returned to the custody of another agency (i.e. Registry of
Motor Vehicles (RMV). These items will be termed as Other and noted in
the narrative of the property officer’s report.
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VIII. DISPOSITION STATUS: 84.1.5 This reflects the status of the entire case,
regardless of the number of defendants and/or number of pieces of evidence or
property:
A. Active: All cases will be identified as Active, as long as any piece of evidence
and/or property related to the case are still physically being maintained in the
custody of the Canton Police Department Property/Evidence Room.
B. Inactive: All cases will be classified as Inactive, as soon as all pieces of
evidence or property related to the case are no longer being maintained in the
custody of the Canton Police Department Property/Evidence Room. When a
case is termed Inactive, the individual item/piece disposition field will reflect the
FINAL DISPOSITION of the item.
IX. STORAGE OF EVIDENCE: 84.1.1 (9,10); 84.1.2
A. All in-custody property/evidence shall be stored in the PERMANENT evidence
room. The evidence officer shall assign a storage location to each item of
evidence and record this information on the evidence tag or label and the
computerized evidence records system.
B. Evidence requiring added security, including money, precious metals, jewelry,
gemstones, firearms, and controlled substances shall be stored in separate
secured containers or specific areas within the PERMANENT EVIDENCE room.
These areas include but are not limited to; gun lockers, and money lockers and
the controlled substance racks. 84.1.1 E; 84.1.2
Hazardous materials may be stored in temporary evidence and the Lieutenant
notified/called immediately to determine if outside agencies need to respond to
remove the hazardous evidence/property. A placard or hazard tape should be
affixed to any item that is hazardous or deemed to have been exposed to
hazardous materials. 84.1.1 E; 84.1.2
C. Perishable items shall be stored in a locked refrigerator, located in an area of
the evidence room. 84.1.1 (9D)(10D); 84.1.2
D. Unopened containers of alcoholic beverage will not usually be analyzed for
alcohol content. The label will act as sufficient proof of contents. Opened
containers of alcohol may be submitted for analysis when such analysis
becomes necessary to the case. They should be packaged in such a manner
as to prevent spillage and evaporation.
E. UNDER NO CIRCUMSTANCES will evidence be stored in personal lockers,
desks, or other areas except the evidence repository areas specifically detailed
in this policy.
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X. INSPECTION, INVENTORY, AND AUDIT OF THE EVIDENCE ROOM: 84.1.6 B
A. Whenever a new officer in charge of the property/evidence room is
designated, an inventory and audit of evidence shall be conducted. This
inventory shall be conducted jointly by the newly designated evidence officer
and the outgoing evidence officer under the supervision of the Chief of
Police. All records shall be reviewed relative to proper documentation and
accountability. Any discrepancies shall be reduced to writing and submitted
to the Chief of Police for review. An additional independent audit may be
done by an agency outside this department. 84.1.6 B
B. The Evidence Officer shall inspect the evidence storage facilities semi-
annually to ensure adherence to appropriate policies and procedures.
84.1.6A
C. An annual audit and inventory of property held by the department shall be
conducted by a superior officer not routinely or directly connected with the
control of evidence. The Chief of Police shall select this officer. 84.1.6 C
D. The Chief of Police shall assign a superior officer, not routinely or directly
connected with the control of evidence, to conduct an unannounced annual
inspection of the evidence area. These inspections shall verify that property
accountability and security procedures are being followed. This inspection
shall consist primarily of random/spot checks matching evidence and
records. 84.1.6 D
XI. TRANSFERS OF CUSTODY: 84.1.1 (G)
A. The evidence officer shall document all changes in custody of physical
evidence. The documentation shall identify the individuals or organizations
maintaining custody of all evidence transferred to them.
B. A receipt shall be prepared for all transferred evidence.
C. Officers are responsible for the security, storage, maintenance, and
accessibility of evidence in their custody.
D. Officers will obtain their evidence on the day it is to be presented in court
and an "Evidence Status Form," will accompany the evidence. This form is
to be utilized in cases where destruction or forfeiture of evidence is directed
by the court. When applicable, it is to be signed by the judge and returned
to the evidence officer by the custodial officer.
E. Sealed bags of evidence are not to be opened unless ordered by the court.
If a sealed evidence bag is opened, the custodial officer shall submit a report
explaining the circumstances.
F. Upon completion of the case, the officer will return the evidence and all
pertinent forms to the evidence officer.
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G. All evidence is to be returned on the same day that it is picked up unless the
court/DA has assumed custody of it. The officer shall submit a report to the
evidence officer indicating the status and location of evidence in court
custody. A report shall accompany returned evidence advising the evidence
officer of the disposition.
XII. DISPOSAL OF EVIDENCE: 84.1.1; 84.1.7
A. Final disposition of found, recovered, and evidentiary property should be
accomplished within six months after legal requirements have been
satisfied. When no longer needed, evidence shall be returned to its lawful
owner or disposed of according to law by the evidence officer. If property is
returned to the owner, the evidence officer will obtain a property receipt.
Anytime cash or other valuable property is returned, a secondary officer
shall witness the transaction and sign the property receipt. 84.1.1 G
B. In cases regarding controlled substances, officers shall return a "Destruction
Notice" signed by the judge. If this is not possible, the "Destruction Notice"
shall be given to the Assistant District Attorney for completion and returned
to the evidence officer or court officer. The name of the District Attorney shall
be noted on the officer's disposition report.
C. Any destruction of controlled substances shall be in accordance with the
applicable laws and the procedures of the State Laboratory Institute. Such
destruction shall occur in accordance with the State Laboratory procedures
or guidelines. 84.1.1 (10C)
D. Firearms and weapons that are to be destroyed shall be transported to the
appropriate State Police facility for destruction.
E. Fireworks will be transferred to the MA State Police Bomb Squad for
destruction.
XIII. FOUND PROPERTY: 84.1.2
Collection, packaging, preservation, and storage of found property would follow the
same procedures as enumerated in the procedures for evidence, with the following
exceptions: 84.1.1 (4,5)
A. PRELIMINARY INVESTIGATIONS: In incidents of found property, the
reporting officer will make every attempt to identify the owner and return the
property. If the property is returned, the officer shall obtain a receipt and
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submit a report regarding his actions. The receipt and a copy of the report
shall be submitted to the evidence officer. 84.1.1 (11)
B. FOLLOW-UP INVESTIGATIONS: If the preliminary investigation fails to
determine the owner, the evidence officer will conduct a follow-up
investigation to ascertain the identity of the owner. If property is returned to
the owner, the evidence officer will obtain a property receipt. Anytime cash
or other valuable property is returned, a second Canton Police Department
employee shall witness the transaction and sign the property receipt.
C. PACKAGING: Found property shall be labeled but not be sealed.
D. DISPOSAL: If an item cannot be returned to the rightful owner, it will be
disposed of in compliance with Mass. Gen. Law, Chap. 135, Sec. 8, 9, and
10 as follows: 84.1.1 (10H)
1. Hold for one year.
2. Return to the finder.
3. If currency, deposit with the town treasurer into an account set up for this
purpose.
4. Sell at auction on PropertyRoom.com
E. PROPERTY/BICYCLES: Found bicycles that’s not evidence will be stored
in accordance with Mass. Gen. Law, Chap. 134 and Chap. 135. The bicycle
will be tagged, placed inside the secure storage container in the parking lot
and a copy of the log entry/report, as well as the computer property receipt,
will be placed in the Evidence Officer’s mailbox. 84.1.1 (9F,10F); 84.1.2
IVX. GENERAL RULE OF THUMB:
A report/log entry and an evidence/property computer page will be
generated for each incident where any member of the department receives
ANY property/confiscated item (evidentiary, seized, recovered, impounded,
abandoned or found). This report/log entry shall include how the department
came into possession of the property and specifically describe each piece of
property obtained. 84.1.1 A,C
A copy of each will accompany the item/s into temporary evidence where they
will remain until the Evidence Property Officer has the opportunity to catalog it
and place it in the correct secured repository.
This will be done before the officer ends his/her tour of duty. The Supervisor will
ensure that this is completed. 84.1.1 A,C
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