Evidence
Policy text
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Source file: 6.02 Evidence.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
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Policy & Procedures No. 6.02
Subject:
Evidence
Issuing Authority: Effective Date: Review Date:
Chief of Police 10/31/2014 11/28/2023
References:
Review
Revision 4/12/2015
Reissued 2/20/2016
Dates: 2/16/2018
03/28/2020
CALEA STANDARDS: 84.1.1; 84.1.4; 84.1.2; 84.1.3; 84.1.5; 84.1.6; 84.1.7; 83.2.1
*** See Definitions on Back Page ***
GENERAL CONDITIONS AND GUIDELINES
As part of their responsibilities, police officers come into possession of evidence that varies
widely in nature, value and condition. From her out, ‘All evidence’ refers to items that are
evidentiary, seized, recovered, impounded, abandoned, and/or found. Items of evidence are
subject to strict legal constraints and under control of the department’s evidence officers. 84.1.1
Storing, safekeeping, and managing evidence are major responsibilities, not only for the
evidence custodian, but also for all officers in the department. Failure of departments to
establish effective and efficient systems to gather, manage and secure evidence can lead to civil
and criminal charges against officers and the inability of the criminal justice system to
successfully prosecute criminal offenders.
This policy is to be referenced in conjunction with Evidence-Collection & Preservation Policy.
I. POLICY
It is the policy of the Canton Police Department to effectively and efficiently manage and control
all evidence coming into the custody of the department.
A. All evidence will be properly and lawfully preserved, packaged, recorded, accounted for,
handled and stored. 83.2.1
B. Evidence that is no longer useful or is potentially dangerous will be disposed of as
provided by law.
C. Strict accountability will be maintained for all evidence. 83.2.1
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II. PROCEDURES
A. Handling and Submission of Evidence
1. Handling of Evidence 83.2.1
a. It is necessary that evidence be carefully accounted for in order to
minimize the possibilities of adverse claims against the department and to
enhance its credibility when presented in court. To ensure this, the
following procedures shall be followed:
i. No evidence or contraband will be stored by any member of the
department in his/her office, desk, locker or other personal area.
83.2.1 (1D)
ii. Evidence shall not be left unattended or unsecured at any time.
iii. Following receipt or confiscation of evidence, the officer shall
promptly return it to Police Headquarters. The Shift Commander
shall ensure the evidence is entered and stored securely before the
end of his/her tour of duty. 83.2.1 (1D); 84.1.1 (1,2); 84.1.3
iv. Evidence shall be handled with care so as to protect the evidentiary
value of the item.
v. The chain of custody shall be carefully maintained with as few
persons as possible handling the evidence.
vi. No member of the department shall take, use, or possess any item
that has been recovered or confiscated by the department, other
than for those purposes sanctioned by the department.
2. Submission of Evidence 83.2.1 (1F)
a. All evidence which comes under the control of this department shall be
properly recorded in the IMC computer system and within the officer’s
report, consistent with the procedures outlined in this directive. This shall
be done before the end of the officer’s tour of duty. 84.1.1 (1)
i. Included in each officer’s report shall detail the circumstances by
which the property came into the department’s possession and a
description of each item. 84.1.1 (3A,B)
ii. The officer or shift supervisor shall make an entry into the
computer system indicating where he/she has placed the evidence.
b. All evidence shall be packaged and marked for identification prior to
being submitted for storage. 84.1.1 (4)(5)
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c. If evidence requires further processing by either the Massachusetts State
Police Laboratory or the FBI, the submitting officer shall include in
his/her report a request that the evidence be analyzed, and shall attach a
copy of the report to the evidence bag. See departmental policy on
Collection & Preservation of Evidence. 83.2.1 (1F, 2)
d. Accuracy and completeness are important. Each item shall be submitted
with a copy of the police report or log entry. Items not properly submitted
will be returned to the officer or his/her supervisor for reprocessing and
resubmission. 84.1.1 (3)
B. Security and Access to Evidence Storage
1. The department shall maintain areas for the secure storage of evidence. These areas
shall be secured at all times when unoccupied.
a. Only those officers authorized by the Chief of Police shall access the areas
used to secure evidence. Currently just the Lieutenant designated by the
Chief and the Administrative Sergeant. 84.1.1 (8); 84.1.2(3); 84.1.4
b. An electronic log will be maintained reflecting the entry into any secure
Evidence Room by name, date, and time in and out.
C. Evidence Officers
1. Evidence coming into the custody of this department will fall into one of two
categories:
a. Drug evidence; or
b. Non-drug evidence.
2. Although both categories deal with evidence, they have been separated into
different aspects of the overall evidence function. This has been done to facilitate
the different manner in which drugs must be processed and to establish a more
rigid span of control for drug evidence.
3. The Chief of Police will designate a supervisor to have overall control of the
management of evidence.
a. For this policy the designated officer will be referred to as the Evidence
Officer. The Evidence Officer will be accountable as the official custodian of
all evidence in the custody of the department. This officer is responsible for
maintaining control of the records and inventory system for all evidence
(including drugs) coming into police custody as well as inspections.
.
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4. The Evidence Officer shall receive all evidence. His/her duties shall include, but
not be limited to, the following functions:
a. Remove all evidence from evidence lockers and move it to the
department’s Permanent Evidence Room. 84.1.1 (7)
b. Ensure that all evidence is properly packaged and accurately documented.
83.2.1
c. When moving a piece of evidence, record in the IMC computer system
where each piece of evidence is stored.
d. Maintain all necessary department computer entries.
f. Ensure that non-drug evidence needing forensic examination is submitted
to the appropriate laboratory in a timely fashion, and is returned to Police
Headquarters as soon as testing is completed. 83.2.1 (1F)
i. Dispose of evidence that is no longer needed in accordance with
department policy and Massachusetts law.
D. Evidence Submission
1. Evidence Records 83.2.1; 84.1.1; 84.1.5
a. The department has established a computerized system for documenting
the receipt and status of evidence into the department's Evidence Room.
b. Evidence records, in addition to labeling, will include the following
information: 84.1.1 (5)
i. Date and time evidence was received or released;
ii. Case number of the incident;
iii. Defendant's name, if applicable;
iv. Owner’s name, if applicable;
v. Location where submitting officer placed the evidence.
vi. Evidence category;
vii. Description of the evidence, including manufacturer and model
and serial numbers, if appropriate;
viii. Chain of custody from time stored until final disposition.
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2. Procedures
a. Evidence shall be handled in the following manner:
i. All evidence shall be handled in accordance with the department's
policies and procedures for the Collection and Preservation of
Evidence.
ii. Once evidence has been seized, it shall be promptly delivered to
Police Headquarters. 84.1.1 (2)
iii. Evidence will be placed in the appropriate size evidence bag and
sealed. Evidence that is too large for a bag shall be marked by
affixing an evidence label to the item. 83.2.1 (1A); 84.1.1 (4)(5);
84.1.2
iv. The Shift Supervisor will ensure that the evidence bag has been
filled out completely and correctly.
v. The Shift Supervisor will deposit the evidence, along with the
report face sheet, into an evidence locker in the Temporary
Evidence room and lock the locker. 84.1.1 (6); 84.1.3
vi. Evidence too large for the evidence locker may be placed in
Temporary Evidence or in the outside locked trailer. The
Evidence Officer is to be notified by phone immediately.
Permanent storage of Large/Bulky/Oversized items will be in the
outside locked trailer 84.1.1 (6, 9G, 10G, 12); 84.1.2 (G); 84.1.3
vii. The Evidence Officer will remove all evidence from evidence
lockers at least twice each week and store each item in the
appropriate place in the Permanent Evidence Room. 84.1.1 (7)
3. Added Precautions for Specific Types of Property 84.1.1(8)
a. Firearms 84.1.2 (B)
i. Firearms are a potentially dangerous form of evidence. All
firearms coming into custody or control of the department will be
handled with the strictest safety considerations in mind.
ii. All seized/recovered firearms will be brought directly to Police
Headquarters. At no time will seized/recovered firearms be left
unattended in a cruiser.
iii. Prior to determining whether the firearm is loaded, the recovering
officer should determine whether the weapon needs forensic
examination. Weapons needing examination should not be
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unloaded. All firearms not requiring further examination will be
checked for ammunition as soon as practicable in a safe area to
minimize risk in the case of an accidental discharge.
iv. All firearms not requiring forensic examination shall be left in a
safe, unloaded condition with their action open. Any ammunition
removed from the firearm will be placed in a separate evidence bag
and submitted with the firearm. 83.2.1 (1E)
v. All firearms will be checked through the CJIS/NCIC computer
system before being turned in to the Evidence Officer. A copy of
the computer printout will be attached to the officer’s report.
viii. Each firearm shall be individually placed in a firearms evidence
box. This box will go into a locker in Temporary Evidence until
removed to Permanent Evidence Room on the shelf designated
for firearms storage. 84.1.1 (9B, 10B); 84.1.2 (B)
b. Cash Seizures 83.2.1; 84.1.2 (A)
i. Upon the discovery or seizure of more than two hundred dollars
currency, the officer shall immediately notify his/her supervisor
who shall, if possible, witness the recovery and seizure. 83.2.1
ii. At no time will the money leave the presence of the officer and/or
the supervisor until it is placed in a Temporary evidence locker.
83.2.1; 84.1.1 (9A); 84.1.2 (A)
iii. Both the officer and the supervisor (or secondary officer) will
participate in the counting and packaging of the money. Both the
officer and supervisor (or secondary officer) will sign the evidence
sheet & bag attesting to the amount of cash being placed into
evidence.
iv. Currency will be itemized by denomination in the officer’s report.
v. When transferred to the Permanent Evidence Room, all cash will
be secured in the locked vault in the Permanent Evidence Room.
84.1.1 (10A); 84.1.2 (A)
vi. As soon as possible, the evidence officer will arrange a date and
time with the Town Treasurer to perform a turnover of the received
evidence funds to be deposited into the Town’s fiduciary
institution. The transfer will be recorded in the department’s
evidence tracking software and a property receipt signed by the
Town Treasurer will be filed with the evidence officer.
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c. Items of High Value – Jewelry 84.1.2 (A)
i. Items coming into the station will be stored in a Temporary
Evidence Locker until it can be removed. 84.1.1 (9A)
iii. Upon transfer to the Permanent Evidence Room, items of high
value such as expensive jewelry will be stored in the locked vault.
84.1.1 (10A)
d. Perishable Items – Blood & other bodily fluids 83.2.1; 84.1.2 (D)
i. In the case of biological evidence, such as a rape kit, blood or a
urine sample taken for analysis, it shall be brought to the State
Police Laboratory as soon as reasonably possible. Until then it
shall be secured in the locked refrigerator in temporary evidence.
84.1.1 (9D)
Once the padlock is locked, the Administrative Sgt. and designated
LT are the only persons with that key.
a. The appropriate forms will be filled out by the submitting
officer along with a request for a written copy of the
test/analysis.
b. The submitting officer will indicate on his/her report the
fact that items were transported to the State Police Lab for
analysis, and will attach any receipts to his/her report.
ii. If the evidence does not need to be sent in for testing/analysis, the
items will be securely stored in the refrigerator in the Permanent
Evidence Room. 84.1.1 (10D); 84.1.2 (D)
e. Motor vehicles 84.1.2 (E)
i. A motor vehicle recovered and/or seized as evidence will be
returned to the Canton Police Department and stored temporarily
in Bay 3 for processing, etc. 84.1.1 (9E); 84.1.2 (E)
ii. Permanent storage will be made at the towing storage facility
used by the town. 84.1.1 (10E); 84.1.2 (E)
f. Bicycles 84.1.2 (F)
i. A bicycle being submitted as evidence (not found property) will be
tagged appropriately and placed in the Temporary Evidence room
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until it can be removed. A report and a copy of the property receipt
will accompany it. 84.1.1 (9F)
ii. Permanent storage will be made in the locked outside trailer.
84.1.1 (10F); 84.1.2 (F)
g. Lost & Found 84.1.2 (H)
i. All lost & found property will be placed in a locker in Temporary
Evidence until it can be removed. 84.1.1 (9H)
ii. Once removed, the property will be securely stored on a shelf for
lost & found items located in the Permanent Evidence Room.
84.1.1 (10H); 84.1.2 (H)
i. Found property (with the exception of firearms and drugs) will be
maintained in evidence for 1 year from the date it was found.
ii. If after 1 year, the item has not been claimed, the person who
found the property will be notified to see if he/she would like to
take possession of the item.
iii. If the person does not want the item, it will be destroyed or if
valuable, it will be sent to propertyroom.com to be sold. A log
entry will be made of same.
h. Combustible Liquids 83.2.1; 84.1.2 (I)
i. Combustible evidence such as gasoline, toluene, paint thinner, etc.,
shall be brought to the attention of the Shift Commander, who will
determine appropriate temporary storage until the evidence can be
brought as soon as practicable to the state police lab.
ii. Officers should use the safest method of transportation available if it
becomes necessary to transport any type of combustible liquid.
i. Explosive Devices 83.2.1; 84.1.2 (I)
i. Under no circumstances will explosive devices such as dynamite,
hand grenades, blasting caps, etc., be brought into Police
Headquarters.
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ii. When an explosive device or suspected explosive device is located,
the officer locating the device shall inform the Shift Commander,
who shall notify the State Police Bomb Squad.
iv. Items of an evidentiary nature shall, upon being rendered safe, be
properly marked and packaged.
j. Fireworks 83.2.1; 84.1.2 (I)
i. Commercial Fireworks
The Bomb Squad and the Canton Fire Department should be called
immediately to respond when call for service involves commercial
grade fireworks. Canton Police Department personnel should
never transport or store commercial grade fireworks.
ii. Non Commercial Grade Fireworks
Property of this nature will be turned over to the Massachusetts
State Police for destruction as soon as reasonably possible. They
may be stored at the Canton Police Department.
E. Drug Evidence 83.2.1; 84.1.2 (C)
1. The establishment and maintenance of proper drug handling procedures is
necessary to ensure the successful prosecution of cases in court, as well as to
prevent the allegation of theft of or tampering with narcotic evidence. The
following procedures shall be adhered to whenever any narcotics or dangerous
drugs come into police custody or are to be released from department custody.
2. Drug Records
a. The department has established a system for documenting the receipt and
status of drugs coming into or being released from the department's secure
drug storage area. 4.1.1; 83.2.1; 84.1.1; 84.1.5
b. In addition to the information described in Section D. 1. b., drug records
will include a count, description and weight of the drug evidence (such as
10 packets containing cocaine, 5 rolled marijuana cigarettes, etc.).
3. Submission of Drug Evidence
a. Procedures outlined in Section II, 2 of this policy shall be followed by officers
submitting drug evidence (Hypodermic needles shall be placed into syringe
tubes prior to being placed in an evidence bag). Drug evidence will initially be
stored in a locker in Temporary Evidence. 84.1.1 (9C)
b. Drug evidence will be removed from temporary evidence and placed on a
shelf for drug evidence for secure storage in the Permanent Evidence Room.
84.1.1 (10C); 84.1.2 (C)
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4. Drug Removal 84.1.1 (8)
a. Only the Evidence Officer will remove drugs from the department's secure
storage area.
b. General procedures for the removal of evidence shall apply to drug
evidence as well.
c. Drugs will be transported to the Department of Public Health Laboratory
for analysis within two weeks of their seizure by the Evidence Officer, or
by the Chiefs designee if he/she is not available. He/she will indicate in
the IMC computer system the date that they were brought to the lab. The
lab will assign a number to the drug evidence.
d. If the package appears to have been tampered with in any way, the
Evidence Officer shall count and/or weigh the contents and verify the
listed count/weight noting if there is or appears to be any discrepancy.
The Evidence Officer will immediately submit a report to the Chief of
Police detailing the incident. The Chief will immediately initiate an
Internal Affairs investigation. As part of that investigation, Internal
Affairs will conduct a full inventory and audit of all drugs and drug
records.
e. When a final disposition is reached in court concerning a case involving
drugs, the Court Officer shall notify the Evidence Officer.
f. Prior to destroying drug evidence, the Evidence Officer will ensure that
the case has not been appealed. 84.1.1 (13); 84.1.7
g. When drugs are removed for destruction, the Drug Control Officer will log
them out in the department computer system indicating DESTRUCTION
as the reason they were logged out, and the date of the destruction. 84.1.7
h. Original copies of all drug destruction records shall be maintained in a locked
container by the Evidence Officer, and copies shall be maintained by the
Records Division.
F. Disposition of Evidence 84.1.1(12,13); 84.1.7
a. Evidence
i. When a final disposition is reached in court concerning a case, the
Court Officer shall notify the Evidence Officer of the disposition.
The Evidence Officer will promptly notify the owner (victim,
suspect, etc.) to arrange for the return of the evidence if
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appropriate, or dispose of it according to Massachusetts General
Laws. 84.1.1 (13); 84.1.7
ii. No evidence shall be released or disposed of if the case is under
appeal.
ix. If an officer other than the Court Officer or Evidence Officer has
logged the evidence out, he/she shall notify the Evidence Officer
of the final disposition of the case.
iv. When evidence is removed from the custody of the department for
final disposition, the Evidence Officer will log the property out in
the computer system.
v. Individuals claiming ownership of evidence in the custody of the
department will be required to provide proper identification and
sign a property receipt before taking possession of such property.
84.1.1 (13); 84.1.7
vi. Any evidence that becomes the subject of controversy as to its
rightful owner shall not be released to any person, except by
written order of the Chief of Police or by a court order.
G. Release of Evidence 84.1.1
a. When evidence is needed for a court case, the Court Officer is to notify
the Evidence Officer in writing with as much advance notice as possible.
The Evidence Officer will document in IMC the removal of the evidence
from permanent to temporary evidence with a chain of custody form
attached. In most cases, evidence will be removed from the department’s
Evidence Room and transported to court by the Court Officer. 84.1.1 (12)
b. Whenever evidence is to be removed from or returned to an Evidence
Room an entry will be made into the department computer system. 83.2.1;
84.1.1 (13)
c. Any officer taking evidence to court must return it on the same day, unless
otherwise directed by an assistant district attorney or judge. The Evidence
Officer should be notified immediately by phone if the evidence is not
going to be returned that day (i.e. DA is holding onto it). 84.1.1 (12)
d. When evidence is being returned to an Evidence Room, the officer
returning the evidence will examine it to ensure that it is the same
evidence that was logged out, and that it is in the same condition as when
it was logged out. Any unexpected or unexplained change or alteration of
the evidence shall be immediately reported in writing to the Chief of
Police.
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e. In the event that the evidence cannot be returned immediately to the
Evidence Room, the items will be placed into an evidence storage locker
within the Temporary Evidence Room. 84.1.3
f. Upon the return of a piece of evidence, the officer returning it shall make a
computer entry indicating where it has been placed.
H. Photographing and Release of Victim’s Property 84.1.7
1. In cases where retaining the evidence, such as perishables or cash needed to meet
payroll obligations, would prove an extreme hardship for the victim, the victim's
property may be photographed, the photograph to be admitted in judicial
proceedings as competent evidence.
a. The property may then be released to the victim prior to trial, provided
that, in the opinion of the Shift Commander and or the Court Officer, the
return does not compromise prosecution of the case. 84.1.7
b. In determining whether or not to return the property to the victim, officers
must weigh the hardship created for the victim against the value of the
evidence in future court proceedings.
2. Before impounded evidence is returned, it will be photographed in a manner that
clearly identifies the property so that it may be admissible in court as competent
evidence. Digital photography is the preferred method for photographing such
evidence. 84.1.1 (13)
3. The officer will indicate in his/her report that the items were photographed and
returned to the owner. 84.1.1 (13)
4. The owner must sign for the returned evidence. 84.1.1 (13)
5. The officer should attach each photograph of evidence to his/her report in the
department computer system, and describe what the photographs depict.
I. Evidence Room Inspections 84.1.6
1. The department's Evidence Room, as well as evidence records and drug records,
are to be inventoried according to the following schedule:
a. SEMI-ANNUALLY: At least semi-annually, an officer designated by the
Chief of Police shall conduct an investigation of all departmental evidence
and property storage areas to ensure that: 84.1.6 A
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i. Evidence and the records relating thereto, are being maintained in
full compliance with the procedures outlined in this directive and
that proper accountability procedures are being maintained;
ii. Evidence is properly stored and protected from damage and/or
deterioration;
iii. Evidence having no further evidentiary value is being disposed of
promptly; and
iv. The Evidence Rooms are being maintained in a clean and orderly
condition.
b. UNSCHEDULED SEMI-ANNUAL: In addition to and in support of
other regularly scheduled inspections, the Chief of Police shall assign a
Superior Officer to conduct an unannounced inspection of the
department's property rooms and drug storage areas on, at least, a semi-
annual basis. Accountability and security procedures will be the primary
focus of this inspection. 84.1.6 D
c. ANNUAL: In order to ensure the integrity of the department's Evidence
Management System, a supervisor not routinely connected with the
property/evidence function (assigned by the Chief of Police) will conduct
a full inventory and accounting of all property and drugs held by the
Department and will submit a report of his/her findings to the Chief of
Police. 84.1.6 C
d. REASSIGNMENT OF THE EVIDENCE OFFICER: Should the
Evidence Officer be reassigned, there shall be an inventory and inspection
of the records of all evidence/ property or drugs in custody by: 84.1.6 B
i. The former officer,
ii The new Evidence Officer, and
iii. Their supervisor.
e. STORAGE OF INPECTION FORMS: All inspection and audit reports
pertaining to evidence will be stored in a secure cabinet in the
Administrative Sergeant’s office. 84.1.6 A
DEFINITIONS
1. Evidence:
Any property coming into the custody of the police station. This could be from a victim,
suspect, house break, etc.
All evidence is divided into two categories
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I. Drug Evidence
II. Non-drug evidence
2. Drug Evidence:
Any drugs or controlled substances, both prescription and non-prescription, that comes
into the custody of the police department.
3. Non-drug Evidence:
Any evidence that is not a drug or controlled substance that comes into the custody of the
police department. The following, though not all-inclusive, include:
1. Currency
2. Firearms
3. Personal/Real Property
4. Motor vehicles
5. Finger print evidence
6. Blood evidence
7. Foot print evidence
8. Video footage
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