Evidence Log
Transcription
Evidence Log
Spacesaver® Evidence Log The © is the Official Publication of the International Association for Property and Evidence, Inc. Avoid the Static. ActivRAC it. IN THIS ISSUE Events & Trends: Returning Siezed Marijuana ® Unintended Consequences of Legalization Colorado’s MJ Laws Put Strain on Nebraska Up-Coming Marijuana Votes to Be Aware Of ActivRAC® Mobilized Storage System Property and evidence piling up on you? With ActivRAC® mobile carriage and rail system existing industrial shelves and racking can move side-to-side, eliminating idle aisles and maximizing square footage. A simple way to uncover wasted floor space and accommodate your property and evidence storage needs. To learn more, visit www.activracyourevidence.com Van Nuys, CA Permit No. 1803 800.492.3434 | www.spacesaver.com PAID S o l v e d® NONPROFIT ORG U.S. Postage S t o r a g e Vol. 2014 No. 3 TM A COMPLETE EVIDENCE SOLUTION CRIME SCENE TO COURT ROOM A powerful 100% customizable evidence solution for law enforcement. Hundreds of agencies at the local, state, and federal level have successfully implemented EvidenceOnQ to provided them the tools needed to work together more effectively, increasing efficiencies and department integrity. “EvidenceOnQ has freed us to be Evidence Technicians rather than data entry/filing clerks. Providing us the time and resources to purge and inventory on a regular basis.” Kara Bennick - Supervisor Greenville DPS, SC “It used to take four people approximately seven hours to process our incoming evidence each day. Just three weeks after implementing EvidenceOnQ, it was reduced to two people and took only 90 minutes.” Darrell Allen - Evidence Supervisor, San Antonio Police, TX “At first our officers were hesitant to use EvidenceOnQ, but once they started using it, they said ‘wow, someone had his thinking cap when they built this!’ ” Chain - Of—Custody Atlanta Police, GA PUTTING PROVIDING THE PIECES TOGETHER PROPERTY ROOM & BEYOND POSITIVE OUTCOMES TM PROSECUTORS INVESTIGATORS Evidence collected at crime scenes can be immediately entered into the system, instantly establishing a secure chain of custody.This sets the stage for a successful investigation and prosecution. COURTS Evidence admitted as a court exhibit will have a 100% reliable and secure chain of custody that will be inherent and maintained throughout the appellate process and beyond. Instantly access and print the chain of custody, view photos, play audio and video recordings, read lab reports, and submit requests. Eliminating phone calls and time consuming trips to the property room. PUBLIC Effectively and confidently manage not just incoming evidence, but evidence your agency will have for decades. Providing greater accountability and credibility for the community you serve. TM 1.800.603.6802 www.EvidenceOnQ.com The BEAST Evidence Management System chain of custody is designed to capture a complete log of possession from collection in the field to ultimate disposition of the evidence. Utilizing RF ID, Standard Barcodes, Wi-Fi, integration with Laboratory LIMS systems, CAD/RMS, and Court Systems, the BEAST records and tracks the movement evidence and its location at al l times. Audit Log The validity of the data provided by the BEAST is the ultimate concern of any agency. With any computer-based system data entry mistakes will occur. By utilizing user-based security and embedded audit tracking, the BEAST can control who is allowed to modify previously saved data and track exactly what that user changed. Every modification is time-stamped and recorded with the user’s name, PC they utilized, and both the original value and the new value as recorded. Digital Documents Agencies are always looking to reduce the filing and warehousing of paper records, but in law enforcement some level of paper is required. The issue is making those paper records easily accessible and convenient for those looking for them. With the BEAST system, digital images from scanners and cameras can be linked and annotated to the specific digital record they represent. This could be at the case level, the individual or the exhibit level. Digital media files such as .DOC, .XLS, .PDF, .MP3, and .WAV can also be linked to these records. Integration The BEAST system has been designed to integrate with many other systems utilized in law enforcement. The following are samples of the types of interfaces currently in use by the BEAST: CAD/RMS, LIMS, DNA Robotics, GC/MS, Mugshot, CODIS, Auto Pound, Court Management and in-house systems. Our application designers can customize an interface for you as well. www.porterlee.com Unleash the BEAST 1 - (847) - 985 - 2060 PORTER LEE Corporation INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Letter to our MeMbership EVIDENCE LOG The International Association for Property & Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 IAPE EVIDENCE LOG SET TO GO DIGITAL IN 2015 In the interest of providing greater content with color photos in a more cost-effective manner, IAPE’s Evidence Log will join the ranks of many other professional publications that are now distributed digitally to all our members. The change will permit us to provide more content and better serve our membership, by reducing production costs and eliminating postage. These savings also allow us to hold membership dues at the current rates. The electronic magazine will be sent to the email that we have on file for you. Please send an email message if you prefer the magazine to be sent to an alternate email instead of the one you provided to us. If you have not provided us with a current email address, please do so now to ensure continued delivery of the Evidence Log. Robert Giles Evidence Log Editor QUESTIONS • SUBMISSIONS • CLASS REGISTRATION • ADVERTISING Get in touch with us for more information about the IAPE and what we have to offer. International Association for Property and Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 www.iape.org • 1.800.449.4273 A lph A b e t ic Al A dve rt i s e r i ndex Ace Software Techniques, Inc. 52 Air Science 43 Biological Controls 51 CP Products 43 Cycle Storage Solutions 51 Elastec “Drug Terminator” 44 ECS (Evidence Control Systems) 38 ERIN Technology 44 EvidenceOnQ Inside Front Cover IAPE Training Video Library 20 Lynn Peavey Company 16 Lynn Peavey Company 20 PERCS Index, Inc. 7 Peter Mangone, Inc. (Tag-It) 35 Page 56 Porter Lee (BEAST) Inside Back Cover PMI Progressive Microtechnology Inc. 13 Property Bureau (PropertyRoom.com) 50 QueTel 6 QueTel 30 SafeStore, Inc. 42 Spacesaver Outside Back Cover Spacesaver 14 Spacesaver 27 Tiffin Metal Products 5 Tracker Products 28 - 29 Tufloc 19 WireCrafters 31 IN THIS The Giles Files - Editor’s Corner Bob Giles, Evidence Log Editor Page 3 IAPE Announcements Page 4 The “Dynamic Dozen Checklist” William P. Kiley, Current IAPE Director Page 8 IAPE Wants to Know What’s On Your Mind? Page 8 Dynamic Dozen for New P & E Personnel Page 9 Why Join The IAPE? Page 10 IAPE Accreditation: Why It’s Important for You Page 10 Campbell’s Corner - President’s Message Stephen Campbell, 2014 IAPE President Page 11 In The News - Weapons Destruction Due to Lack of Storage in Evidence Room ISSUE In The News - Ex-Officer Sentenced Page 26 Evidence Log Interested in Newsworthy Items Page 26 CPES & CCPES Application Pages 32 & 33 In The News - Chief Resigns Under Investigation Page 35 IAPE Scholarship Application Page 36 I’ve Got Something You Don’t Have! Page 37 Say It Ain’t So - Feces in Refrigerator Page 37 CPES Recertification Requirements Page 38 Truth and Consequences... Page 40 Up-Coming 2014 Marijuana Legalization Votes Page 41 2015 IAPE Membership Application Page 45 Page 12 IAPE Accrediatation Program Application Page 47 Evidence Log Seeks Submissions Page 12 Congratulations! New CPES Designees Page 48 How NOT to Conduct an Internal Investigation Page 15 Letting You In On A Secret Page 48 We Get Mail... Page 16 Say It Ain’t So - Evidence Sent to Auction Page 49 Property & Evidence by the Book Order Form Page 53 We Get Mail About Our Mail... Page 54 In The News - How NOT to Conduct Investigtion Page 21 Bits & Pieces Page 55 Unintended Consequences... Page 23 Letter to Our Membership Page 56 IAPE Courses & Registration Pages 24 & 25 Advertiser Index Page 56 Events & Trends - States’ Handling of Returning Siezed Marijuana After Legalization Varies Page 18 IAPE WEB-SITE LINKS & RESOURCES: The extensive IAPE web-site offers something from everyone in our field. Up-dated links to numerous law enforcement agencies, programs and pertinent resources. Newsworthy topics include latest DNA handling practices, training opportunities, on-line classes, latest products and vendors; plus the most current headlines and blog entries filled with hand-selected material, all to keep you up-to-date and informed. Law Enforcement Serving the Needs of Law Enforcement www.iape.org/resourcesPages/downloads.html INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Bits and Pieces The Evidence Log© Joseph t. lAttA Executive Director by contract with ECS, Inc. robin lynn trench I.A.P.E. Founder robert e. Giles Editor BOARD OF DIRECTORS President Stephen R. Campbell 1st Vice President Robert E. Giles 2nd Vice President Joe Moralli Treasurer Suzanne E. Embree Secretary Kerstin Hammarberg Directors Gordon A. Bowers Kevin Fallon William Kiley Joe Moralli Joyce Riba Legal Counsel Ernest P. Burger Page 2 Established to further the education, training and professional growth of Law Enforcement Property and Evidence Personnel. Published quarterly as part of a continuous program of I.A.P.E., Inc. The objective of The Evidence Log© is to provide education and training related to all aspects of the handling, storage, maintenance and disposal of law enforcement held property and evidence. As with all information of a legal nature, please confer with your agency legal advisor on the applicability of any item in relationship to your specific situation. The Evidence Log 2014. This publication and all contents within are protected by copyright laws. Reproduction of any part of this magazine is permitted for internal use only within the agency of a member. © Articles are contributed by practitioners in law enforcement or related fields. Contributors statements and opinions are not purported to define or express the official policy of IAPE or to imply IAPE endorsement. IAPE has been recognized by the Internal Revenue Service as a tax-exempt nonprofit corporation. Donations are deductible as a charitable contribution for tax purposes to the extent allowable by law. Payment for services received are not considered a donation, but may be a business expense. Consult with your tax expert for specifics. This page is designed for members who would like to publicize up-coming property and evidence related events. Please contact us via the web-site if you have something to include for the future. property AssociAtion Websites International Association for Property & Evidence www.iape.org Arizona Association for Property and Evidence www.azape.org Arkansas Association for Property and Evidence www.arproperty.org Virginia Association of Property & Evidence Professionals VAPEP TRAINING SEMINAR When: December 18, 2014 Where: CitySpace Charlottesville, VA For more more info. and details, contact: lynn.coulter@fairfaxva.gov California Association for Property & Evidence www.cape-inc.us California Association for Property and Evidence Colorado Association of Property & Evidence Technicians www.capet.com 26th ANNUAL CONFERENCE Property & Evidence Association of Florida www.peaf.net When: March 30 - April 3, 2015 Where: Portola Hotel and Spa Monterey, CA For more more info. and details, visit: We invite comments on our format and the contents within. Submitted items should be mailed to the attention of the The Evidence Log© staff, and are subject to editorial review for appropriateness of content and length. Illinois Association of Property and Evidence Managers www.iapem.org www.cape-inc.us/ Please address all inquiries concerning this publication to the mailing address below. Nebraska Association of Property & Evidence www.ne-nape.com Arizona Association for Property and Evidence Volume 2014, Number 3 - October 31, 2014 North Carolina Association of Property & Evidence www.ncape.net The Evidence Log Published Quarterly by: The International Association for Property & Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 Texas Association of Property, Evidence & Identification Technicians www.tapeit.net ANNUAL SEMINAR When: June 4 & 5, 2015 Where: Prescott Resort & Conference Center Prescott, AZ For more more info. and details, visit: www.azape.org Please go to: www.iape.org for the most current schedule of up-coming IAPE classes. Page 55 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. WE GET MAIL ABOUT OUR MAIL... We recently received the following from member Kim Holmes in response to a letter we published previously. EVIDENCE LOG BOB GILES EVIDENCE LOG EDITOR EDITOR’S CORNER THE GILES FILES Dear Joe: A FRACTURED HISTORY OF FIELD RECORDINGS In the August 2014 newsletter, Brenda asked your recommendation of whether all property notification letters should be certified. The views expressed by the editor in this column and throughout this magazine in Italics are my individual views that do not necessarily represent those of any other member of the IAPE Board of Directors. I believe your response was not completely accurate. Texas Code of Criminal Procedures Article 18.17 Disposition of abandoned or unclaimed property states in section (b)”The county purchasing agent, the person designated by the municipality, or the sheriff of the county, as the case may be, shall mail a notice to the last known address of the owner of such property by certified mail.” I don’t know what state Brenda is from and/or what other states require. Perhaps your response should mention checking into their state requirements? My personal frame of reference for exploring the value of recorded data in the field dates back to the mid-1970’s when, as new patrol officers, we experimented with placing cassette tape recording devices (this was way before digital) in patrol cars so that we could capture any statements made by two suspects in the back seat. Since there is no expectation of privacy in a patrol car, the statements were admissible, and we quickly noted that crooks just can’t keep their mouths shut; they love to talk about their exploits, or try to gain sympathy from a co-conspirator. Examining any evidence found on the hood of the car also seemed to encourage more statements that reflected a consciousness of guilt. Great stuff! Thanks for listening, Kim Dear Kim: Thank you for pointing out that Texas has a state requirement to use Certified Mail to mail a legal notice of property disposition. It does not specify whether a return receipt or a receiving person’s signature is required. In our defense, IAPE teaches classes in all 50 states and also on the federal level. As you can imagine, we can’t possibly know all the statutes that apply to any particular issue, and we need to address issues on a general level. Our official IAPE position is that we don’t give legal advice, and we recommend that you check with your legal counsel before changing policies that might have legal ramifications. What do strive in raising this issue is for you to just ask the question, “Is it necessary to send expensive mail notices when the value of the item does not justify the expense?” While on the topic of Certified Mail. The United States Postal Service has several levels of tracked delivery. First is the Certified Mail the where the delivery, or attempted delivery is made and recorded by the Mail Carrier. For an additional fee, the mail may be sent Certified, with a Return Receipt Requested (RRR) that is mailed back to the sender as proof of delivery. It is not necessarily personal service, because any person can accept the delivery, but the signature for the recipient is electronically stored. Registered Mail provides end-to-end security in locked containers. Registered Mail custody records are maintained, but are not normally provided to the customer, unless a claim is filed. Interesting fact: In the United States, registered mail may be used to send classified materials up to the secret level. (30CFR2.28) USPS Tracking is a service that provides end-to-end tracking, including confirmation of delivery (or attempted delivery) via barcode scanning. Editor’s Note: We are sincere when we say “thank you” to Kim; not only for the information she has supplied to all of our readership, but also in letting us know through her letter that members are engaged with the content we are presenting. Page 54 We quickly noted that many of the statements made to us by suspects in the field could have a greater impact in the courtroom if we could just record their statements and admissions. As the technology improved, some officers started wearing micro-cassette recorders on their duty belts or placing them in their shirt pockets. The result was a goldmine of evidence that was used to convict violators using their own words. It doesn’t get any better, or does it? I noted in my own field contacts that telling someone that their obnoxious behavior was being recorded for court presentation (whether true, or not) often times resulted in a change of attitude. Wow! This is a game changer! I guess no one wants the judge to see how they really behaved when they were under the influence of alcohol or drugs in their own environment. The probative value in these recordings also made it advisable to have the original recordings booked into evidence to ensure its admissibility. By 1988, the reality television show COPS, along with their catchy theme music hit the airwaves, and the public had a new chance to view how badly people do behave, and how people often really do say or admit to things that are against their self interests in the field. Those same people often later recant their statements in court trying to make the officer appear dishonest. Can’t really deny that when the words are recorded, now can you? Contemporaneously, the installation of law enforcement in-auto video dash cams was booming among rural police and sheriff’s departments. We started to see pursuits on TV and the networks started broadcasting a new genre of reality show: live action pursuits. It turns out TV news editors were not prepared for the possibility of violence at the termination of pursuits or hostage crisis. Legal precedents and policies finally caught up with the technology and here is where the immediate impact upon the evidence room was felt. In general, lawyers determined that the officers and deputies should not have the option to decide when to record, or not record. The prevailing theory was that if the agency supplies the equipment, then the agency determines when the recording is made, not the officer or deputy. It had become an accepted practice by most agencies that when a police vehicle’s overhead lights were turned on, so was the camera. As a result, evidence rooms were required to make and store three VCR tapes per car, per day. Agencies with 10 patrol cars may have found this to be a manageable task, but for larger agencies with fleets of 100s of vehicles, it could be an arduous chore, which may explain why larger agencies had been so slow to adopt higher technology. . Continued on Page 4 Page 3 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Cont’d from Page 3 THE GILES FILES - cont’d. Then the earth shook… in 1991, one man and one camera brought the LAPD to its virtual knees by recording the Rodney King arrest that forever changed police tactics and would eventually spark riots across the country. The power of video was now in the hands of anyone who was in the right place at the right time to record a police event. Imagine if everyone had cell phone cameras then… In the last issue of the Evidence Log, I presented my thoughts on digital evidence and how many law enforcement agencies are on the edge of implementing new technology without having an adequate foundation of policies and procedures to manage the data. We have now experienced another earthshaking event that is driving agencies throughout the country to adopt policies that require their field personnel to wear body cameras. Consider the following headline and the impact it has: Ferguson police are now wearing cameras to record officer-citizen encounters, and other departments across the country are considering doing the same. - Christian Science Monitor We now have the event, and the trend that follows will determine how the digital content is safeguarded and managed. We have the tools available to record, download, copy, save, back-up, and distribute the content to authorized persons. The question that must be asked is, can we adequately protect people’s privacy, or will all recorded data become available to the public? Robert Giles, Inquiring minds want to know… Evidence Log Editor IAPE ANNOUNCEMENTS EFFECTIVE IMMEDIATELY The IAPE has a new mailing address, and all written correspondence should now be addressed and sent to: International Association for Property and Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 A D D I T I O N A L LY The Evidence Log Magazine will be going exclusively digital beginning with the 1st quarter of 2015... The 4th quarter of 2014 will still be coming to members in the mail, as well as premiering on-line in its new format! Page 4 P.O. Box 652 Hot Springs, SD 57747 Page 53 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Page 52 EVIDENCE LOG Page 5 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG ® Protection le vailabtable A w o N s a Por a MICROCON CD™ & the New PD The CD (ceiling mounted) and the new PD (portable) are high efficiency air filtration systems specifically designed for the removal of airborne pathogens and gas phase pollutants. The potential for exposure to biological health hazards including bacteria, viruses, mold, mildew, dust and various gaseous odors related to the storage and handling of property and evidence during criminal investigations, has been established. Either system will help you create a safer and healthier indoor environment. Dimension (H) 51" (W) 24" (D) 18.5" www.biologicalcontrols.com Made in USA MICROCON EL™ Negative Pressure Evidence Locker The new Microcon EL™ provides containment of contamincants through negative pressurization to curtail off-gassing fumes, particulates, odors and other airborne pollutants and VOC’s associated with evidence storage. Utilizing activated carbon and HEPA filtered air to prevent the escape and migration of airborne contaminants into the working environement. Dimension (H) 80” (W) 36” (D) 28” 749 Hope Road, Suite A, Eatontown, NJ 07724 Toll Free: 800.224.9768 Tel: 732.389.8922 Fax: 732.389.8821 Copyright © 2014 Biological Controls Page 6 Microcon is a registered trademark of Biological Controls Page 51 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Evidence Manager PropertyRoom.com We’re trying to save money. Do more with less. Property Room has helped tremendously. We heard about them from a nearby Department. — Police Sgt., Property & Evidence BETTER AUCTION RESULTS... LESS HASSLE Fast, simple, evidence control using Barcode technology E vidence Manager is designed to provide immediate access to information and maintain a chain-of-custody log on all TM items under Property Room control. This is achieved through the use of the latest in Windows technology, sophisticated database design and utilization of proven barcode technology. Over 250 police agencies depend on Evidence Manager. Auction Solutions by PropertyRoom.com Eliminate clutter Reduce storage & handling costs Barcode Technology Evidence Manager Components B Basic Package includes: Evidence Manager software Network Remote Module for use on a network Field Module for data collection in the field Thermal transfer bar code label printer Barcode laser scanner One year of Technical Support 10,000 bar code labels Optional Equipment Includes: Digital tablet for digital signature capture Handheld data terminal for Inventory Digital drug scale arcode technology provides a rapid and simple method of data collection that is extremely accurate. Additional information such as Description, Officer # and Name, Date etc. are included on the label to further aid in the fast identification of the item. Increase proceeds Employ chain-of-custody practices Chain of Custody E We haul-away your headaches and send you back money vidence Manager controls all items of evidence and property coming into custody and records every movement of that evidence until final disposition or disposal. Signature bearing receipts can be easily created for an additional audit trail if required. Courtroom ready reports are also an integral part of Evidence Manager. NEW Optional Modules Digital Photo Module Attach digital images to items of evidence Digital Signature Module Capture and store digital signatures Digital Drug Scale Module Automatically enter drug weights into system To Order Evidence Manager, or to learn more about our products, please visit our website at www.percs.com or call us directly at 1.866-461-4669 to receive your FREE multi-media CD. Contact: Sales@PropertyRoom.com and get your department on board today Page 50 The PERCS Index Inc. 960 Thermal Drive Coquitlam, BC V3J 6S1 Canada Phone: Fax: Toll Free: Email: 604.461-4669 604.469.7342 1.866.461.4669 info@percs.com Page 7 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. THE “DYNAMIC DOZEN” CHECKLIST Say It Ain’t So, Joe by: William P. Kiley, M.S. Erie County Sent Box of Homicide Evidence to Auction Past-President & Current Director, IAPE During the past twenty years I have been a coinstructor, along with Joe Latta, at many of the IAPE “Property & Evidence Management” twoday classes. Fellow IAPE Board Member Kevin Fallon (Deputy Chief, Suffolk County [NY] Police Department) has also served as a co-instructor. Each of us has experienced the same phenomena in these classes and it usually occurs by the lunch break on day one of the class. The instructors look out at the students and there he or she is…”the deer in the headlights” student; sometimes more than one. Let’s call this student “DITH” (Deer-inthe-headlights). DITH is usually an Officer, Detective, Custodian who has recently been assigned to the responsibility for the department’s Property and Evidence Room. DITH has never worked in a Property Room before and knows nothing about how it is supposed to function, what is in the room, how it has been tracked, who has keys or access to the room, and the IAPE class is his/her first introduction to the world of Property and Evidence. By the end of the first morning DITH wants out of this new assignment as by now he/ she has begun to realize the type of challenge that lies ahead. There is a sinking feeling in DITH’s stomach as the thought crosses his/her mind, “If stuff is missing are they going to blame me?” “Will I be at the center of the investigation and in the headlines in one of Joe Latta’s classes?” So, by 12:05 p.m. on day one of the class, DITH has approached one of the instructors and very sheepishly says, “Help! They just put me in the Property Room and it’s a mess. There are guns and drugs without paperwork. There is money in envelopes in different places and I don’t know how much is supposed to be there. I don’t think that they’ve ever done an inventory. Paperwork is all over the place. I can’t get anything more into the room. And, everybody in the place has a key to the Room. Where do I start?” It was because of all of the DITHs that Kevin Fallon and I have met over the years that we have put together what we call the “Dynamic Dozen” checklist for DITH and her/his supervisor. These twelve items are not everything that a Property Officer/Custodian needs to accomplish, but we suggest that these dozen items should be priority items that need to be addressed. We recommend that you cut out the “Dynamic Dozen” checklist from the adjacent page and use it now or keep it as a reference document. The checklist includes some references and links where you can find samples policies, procedures, training videos and other useful information. If you are a supervisor who is responsible for the Property Room, keep a copy of this for your next Property Officer/Custodian. We would really like to get some feedback from our members about this checklist, so please consider sending your comments to me at: bkiley@iape.org On behalf of Kevin Fallon and myself, we hope that this new tool helps to reduce some of the anxiety and stress that DITHs face throughout the law enforcement community. I A P E WA N T S TO K N OW W H AT ’ S O N YO U R M I N D ? As a member, your feedback, concerns and in-put are invaluable because you are on the front lines, every day, making decisions and solving problems. IAPE is interested in hearing how we can continue to assist in making the day-to-day management of property and evidence as efficient, accurate and stress-free as possible. Send your comments / suggestions to E-Log Editor, Robert Giles: rgiles@iape.org Page 8 EVIDENCE LOG The DemocratandChronicle.com reports on June 18, 2014 that a property room manager in the Erie County Sheriff’s Office grabbed a box of evidence off a shelf and, following what he said was protocol, sent it to an auctioneer. Inside that box was the broken blade of a knife that may have been the murder weapon in a case now awaiting trial in Rochester’s federal court. “I can’t tell you exactly how I did it, but I know I made a mistake and pulled it off the shelf and got rid of it,” retired Sheriff’s Office property clerk Douglas Burke said at an April court hearing, records show. The box of lost evidence, which apparently was destroyed after going to the auctioneer, has now become an issue in the case against five people accused of taking a Rochester man, Francisco Santos, to the Cattaraugus Indian Reservation in Erie County in 1998, killing him, and dumping his body in a makeshift grave there. In 2012, federal prosecutors learned of the loss of physical evidence in the Santos slaying. “Some time in 2002 the Erie County Sheriff’s Office inadvertently discarded items collected during the investigation,” Assistant U.S. Attorney Andy Rodriguez, the lead prosecutor in the case, said this week. Rodriguez notified the defense lawyers, and the missing evidence became a topic of the April hearing before U.S. Magistrate Judge Jonathan Feldman. The transcripts of the hearing recently became public. Defense lawyers are expected to file a motion by the end of this month, outlining what they think the judge’s response should be to the destroyed evidence. The prosecution is expected to respond by mid-August. “Our past practice in the Sheriff’s Department was to give it to the auctioneer, who would come in a truck and take anything and, if it was of value, they would auction it off,” retired property clerk Burke said at the hearing. Why, Feldman asked, would a box of evidence containing soil samples, a broken shovel, broken sunglasses, a bus token, a hair sample and an empty liquor bottle - all evidence gathered during the homicide investigation - be sent to auction? Burke said he likely simply took the wrong box off of a shelf, misreading a number and missing a note that it was a homicide case. Homicide evidence was not sent to auction, he said. Legally, the two issues that will guide Feldman’s decision are whether the items were disposed of “in bad faith” and whether there was likely evidence contained in the now-missing box that may have pointed to the innocence of some or all of the accused. Rodriguez argued at the April hearing that the evidence was lost by mistake, not by misconduct. But Feldman questioned whether the apparently lax procedures were egregious, specifically, he said, “if the difference between destroying evidence in a murder case or any case really is because you can’t lift up the piece of paper (on the evidence box) high enough” to identify it. Rodriguez pointed out that the Sheriff’s Office property room was not computerized then. “We’re not talking about 2014 when these things happened,” he said. Erie County sheriff’s officials say the property room processes are much more reliable now than in 2002. “Our evidence was old style (in 2002),” said Sheriff’s Office Capt. Gregory Savage. “We had a ledger. We had slips for everything that was brought in. “Since then we’ve adopted a bar-coded system. It’s electronically entered into the computer we do audits to make sure there’s no problems like this. We have a much more stringent system.” In a case of badly mistaken identity, a box full of homicide evidence was mistakenly destroyed in error. Can this happen in your agency? IAPE recommends that all homicide evidence and officer involved shooting cases be color-coded to avoid inadvertent destruction. The Erie County Sheriff’s Office has changed its procedures so that it’s now unlikely to happen again, but we can all learn from the misfortune of others. –Ed. Page 49 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Copyright 2014 - International Association for Property and Evidence, Inc. – Developed by Bill Kiley & Kevin Fallon, Board Members, IAPE C O N G R AT U L AT I O N S ! to all of our recently designated Certified Property & Evidence Specialists Checklist for the New Property Officer/Custodian/Supervisor (since last issue) Anastasiou, Thomas Calcanes, Leah Clay, Sarahlyn Elkins, C.J. Godwin, Thomas Hattie, Jean Hill, Dennis Massey, Robin Moore, Jerome Norgren, Julie Ann Orton, Caroline Ramirez, Stephen Rierson, Steve Smith, Kenneth Williams, Robyn Pembroke Pines Police Department Boca Raton Police Department North Carolina State Crime Laboratory North Carolina State Crime Laboratory Greensboro Police Department Statesboro Police Department Kearney Police Department Pembroke Pines Police Department Harris County Constable’s Office Edina Police Department Almosa County Sheriff’s Office New York City Police Department Greensboro Police Department U.S. Secret Service Kendall County Sheriff Florida Florida North Carolina North Carolina North Carolina Georgia Maine Florida Texas Minnesota Colorado New York North Carolina Washington, DC Illinois Letting You in On A Secret... Now that it’s over and done with, we can proudly share that IAPE Executive Director Joe Latta and Board Member Bill Kiley presented an IAPE training class this June to the United States Secret Service in Washington, D.C. Evidence Technicians, supervisors, and laboratory staff participated in the class. We extend many thanks to the laboratory director, Deborah Leben. As of October 8, 2014, IAPE has conducted our 2-day Property and Evidence Training in ALL of the 50 states as well as the District of Columbia! In early October, with our training class held in Maine, we fulfilled our goal of having taught in each of the 50 states! The IAPE would like to thank Deputy Chief Tim Strout for the great hospitality and the fantastic lobster too. We even got to meet some real Mainards... Let’s see where 2015 takes us next! Page 48 The “Dynamic Dozen” This checklist is provided to assist the newly assigned Property Officer/Evidence Custodian in conducting a quick review of some of the most important areas of your operation. It is not an all-inclusive list, but is a starting point to help you ask the right questions. Initial Question Topic when # finished 1. Physical Security - (Keys, locks, alarms) – Who has access to the Property Room? Does the previous Property Officer/Custodian/Supervisor still have a key/access? 2. Joint Inventory - Conduct a joint inventory with the prior Property Officer/Custodian. If he/she isn’t available, request an independent party who will represent them in a joint inventory. If you can’t do the entire inventory, then at a minimum inventory the big three (Guns, Money, Drugs) (Note: For information on how to conduct an inventory view the IAPE online video class on Audits & Inventories at: http://www.iapevideo.com/cart_14/list.php) 3. Audit – Ask for an audit of the Property Room operations. Someone who is appointed by the Chief/Sheriff can do audits or it may be from the municipality or an auditing company. (Note: For information on how to conduct an audit view the IAPE online video class on Audits & Inventories at: http://www.iapevideo.com/cart_14/list.php) 4. Policy and Procedures – Review your agency’s policies and procedures regarding Property and Evidence. (Note: If you don’t have a policy or procedure, for examples of department policies, Packaging Manuals and Property Room Manuals see the CD from the I.A.P.E. class or go to www.iape.org) 5. Property Room Manual – Read the Property Room Manual, this is the “how to” guide for the dayto-day operations within the Property Room. (Note: If you don’t have a manual, for examples of Property Room Manuals see the CD from the I.A.P.E. class or go to www.iape.org) 6. Packaging Manual - Review your agency’s Packaging Manual, this is the guide for all members of your department as to how property and evidence is to be packaged and documented. (Note: For examples of Packaging Manuals see the CD from the I.A.P.E. class or go to www.iape.org) 7. Training – Find out about training for the new Property Officer/Custodian. In addition to the I.A.P.E. “Property and Evidence Management” class (which is now also available online, on-demand), seek training in your evidence tracking and management software system, safe handling of firearms, handling biohazards, etc. 8. Employee Background Checks – Ensure that applicants for positions in the Property Room have had a thorough background check/investigation. Also, current department employees transferring into Property should have a fresh background check. Consider periodic updates for employees who have been assigned to Property for a period of time, e.g. every five years. 9. Right of Refusal – Does your agency have a written policy that gives the Property Officer/Evidence Custodian the right to refuse to accept items that have not been packaged and/or documented in accordance with the Packaging Manual? You need such a policy in place. (Note: For examples of department policies see the CD from the I.A.P.E. class or go to www.iape.org) 10. Unable to Locate File – Check to see if there is an Unable To Locate file in the Property Room. 11. Property and Evidence Tracking and Management System – What type of system is used by your agency? Who deals with the software provider, i.e. you or the I.T. folks in your agency? What training is available from the software provider? Ask for training from the provider. 12. Protect Yourself – You need to have a documented record of the inventory of the Property Room at the time that you took over responsibility for it. Once that inventory is completed a copy of the results should be provided to your chain of command. If something turns up missing in the future, that document can be your best proof that it didn’t disappear during your tenure. (Note: Preferably a “joint inventory” [see #2 above] is conducted. If that is not possible, you still need to conduct an inventory and document the results) Page 9 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG IAPE Property and Evidence Room Accredi International Association for Property and Evidence, Inc. © Application Why Join The IAPE? IAPE PROPERTY AND EVIDENCE ROOM ACCREDITATION PROGRAM © IAPE Property and Evidence Room Accreditatio 27512 S.E. 28th Court Sammamish, WA IAPE Property and Evidence Accreditation Program © For questions,Room please call (425) 985-7338 or email sc Being a member of the International Association of Property and Evidence, Inc. means that you are dedicated to the proper management of property and evidence units. With nearly 4,500 members, IAPE is the largest property and evidence industry organization in the world. APPLICATION BENEFITS OF MEMBERSHIP: • Subscription to the quarterly publication, The Evidence Log, one of the most comprehensive and up-to-date resources for property and evidence professionals. • Membership tells current and future employers that you are on top of your industry. • Only members, who have taken the Property Management Training Class qualify to sit for the Certified Property and Evidence Specialist exam and add the CPES designation to their professional titles. • Exclusive members-only resources. • Still only $50 per year! Encourage your colleagues to join: See page 45 for current Membership Application, or use this web link: http://www.iapevideo.com/cart_membership IAPE recently started the IAPE Property and Evidence Room Accreditation Program, and in February of 2014, the Minneapolis, Minnesota Police Dept. became the first to be awarded accreditation through this program. Currently, several other agencies throughout the country are beginning the process as well. Why is accreditation important? A look at many recent headlines about property and evidence either lost or stolen due to poor practices, lack of accountability, or procedures that help ensure proper control reveals part of the answer. No agency wants to be recognized for failing to secure and manage their evidence, and Property and Evidence Room Accreditation© helps agencies maintain professional, recognized standards, as well as improve operations, practices, policies and procedures. All of this helps to reduce the potential for lost or stolen property and evidence. evaluation and improvement of your agency’s procedures, policies, and operation in property & evidence management. 5. Accreditation strengthens collaboration of public safety with court systems & communities we are accountable to. 6. Insurance carriers for government agencies may be encouraged to reduce premiums for agencies that achieve and maintain accreditation. 7. Accreditation reduces the risk of scandals in property room management by keeping work excellence in the forefront, and encouraging the best practices available. 8. Your community and government recognizes that you want the best operation possible; it’s not just a job, it’s a profession that you are proud to be a part of. 9. IAPE Accreditation uses the National Institute of Standards and Technology Biological Evidence Preservation Handbook Guidelines for DNA handling and storage in it’s review and evaluation. IAPE was the only training organization for Property and Evidence involved in developing the NIST Guidelines. WHAT DOES ACCREDITATION 10. Not all agencies will be able to meet the standards, but those SPECIFICALLY DO FOR MY AGENCY? who work hard and continue to develop will be recognized 1. Accreditation provides assurance that your agency is engaged publicly and internally for their efforts. in continuous review and improvement of its operation. 2. Your organization is recognized as meeting verifiable For more information on the IAPE Property and Evidence Room Accreditation© Program, please contact standards in the field of property and evidence management. 3. Your organization is recognized as accountable for protecting Steve Campbell, IAPE Property and Evidence Room Accreditation Program Manager at scampbell@iape.org and preserving evidence so critical in public safety cases. 4. Accreditation provides a formal on-going process for or (425) 985-7338. Name of Agency: S.E. 28th Court · Sammamish, WA 98075 ! For questions,27512 please call: (425) 985-7338 or e-mail scampbell@iape.org Street Address: City / State: City/town: Zip Code: Zip code: Agency Contact: First name: Phone Number: Area code: State Last name: Number: Email Address: q Does your Department have at least 1 current IAPE member? (Required) If Yes, please check box at right: If not a member of IAPE, please call IAPE dire q Has at least one of your employees attended an If Yes, check box IAPE class in person or onat right: line in the last 3 years? (Required) If yes, please state the last attendee's name and the dates he/she attended: Non-refundable application fee of $500.00 is due at time of application To attend an IAPE class in person or on-line (800) 449-4273 to First Name: Last Name: Class Dates: Payment by credit card or check made out to SCS Northwest Consulting Services, LLC Please mail check to: 27512 S.E. 28th Court Sammamish, WA 98075 Include email address in the box at right to request an IAPE Invoice “ At right, please indicateVisa, Mastercard, Discovercard or American Express Expiration Page 47 Page 10 Name on card Please w check # box at ri 3 Digit Se Code on INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Cont’d from Page 39 WE GET MAIL... EVIDENCE LOG cont’d. DISPOSITION OF EVIDENCE - cont’d. If diversion for public use is not desired, the item may be sold at public auction and the proceeds distributed to the city or county’s general fund. Internet based, online public auctions generally meets this requirement in most states. Some governmental entities place the proceeds directly in the law enforcement agency’s budget; in my opinion, this is a conflict of interests. If the item has no value, or possession is illegal, the item should be destroyed before it is discarded. For example, drug paraphernalia with residue should not be auctioned, or placed in a refuse bin in usable condition. Some items, such as grow lights, might have legal uses, and may be sent to auction depending upon the culture of the agency. Use caution in destroying medical marijuana or if recreational use is legal in a given state. Marijuana is still a Schedule 1 federally controlled substance, yet states are issuing court orders to return it to owners. The environment is changing quickly; check with counsel for direction to avoid legal entanglements. Bob Giles, Evidence Log Editor Past-President IAPE Board of Directors DOCUMENTING CORRECTIONS I am in the process of reviewing our Policy and Procedures Manual and I am using the “BOOK” and also IAPE Guidelines. I have a question regarding the “right of refusal” and any corrections that are made. How should we document these corrections? Should we add to our chain of custody? Pick list a “correction” option? Also, seal issues. What about corrections made with regards to marking the seal or applying seal according to FDLE requirements. Should this be considered an initial correction as well? Thank you for any assistance with the matter. Hi Paula, Respectfully, Paula Ostermeyer, P&E Manager Manatee County Sheriff’s Office Our goal when packaging and submitting evidence is to preserve, protect from cross-contamination, and prove that there has not been any tampering that might impact the item’s admissibility. Packaging the item according to standardized instructions written in a packaging manual is the best method we have to achieve this goal. The FDLE Evidence Submission Manual states for the submitting person to, “seal containers with frangible evidence tape to prevent loss, contamination, or access by unauthorized persons”. Whenever items are not packaged consistent with those written instructions, the item should be sent back to the submitting person for correction (Right of Refusal). You question appears in two parts. The first might describe an inconsequential spelling or typographical error that is quicker for you to fix than to send back. The evidence custodian may want to perform this, unless your departmental policy requires you to send the item back. Any small, inconsequential correction should be noted in a miscellaneous note field, documenting who made a change, what the change was, and the date and time. You are very astute to notice that evidence, when it is returned for correction, may require the evidence tape seal to be broken. You should consider having your policy require any breach of the seal result in repackaging the entire item with a new envelope and new evidence tape instead of just adding another layer of evidence tape. This is especially important for drug and money envelopes. Whenever the original documentation or packaging is “substantially” altered, consider requiring a follow-up report to be completed describing alterations made to the original document and report. Examples of “substantial” alteration may include a miscount of money, a change of drug quantities, changes in serial numbers, etc. – Ed. Page 46 Stephen R. Campbell 2014 President, IAPE Partners in Property Recently the IAPE Board of Directors met at our annual conference, and worked hard over 2 days in a collaborative effort to see where we have progressed over the last year, and how we foresee IAPE in the coming years. Without all of us working together, and with our Executive Director, Joe Latta, we could not move IAPE forward in our work of advocating for and working with property and evidence units around the world. We knew going into our meetings that together we had to work and think differently if we were going to make IAPE even more beneficial to those we serve. I believe we were successful in our efforts. This same collaborative effort is a critical point we drive home in our classes, especially in regard to cooperation between local district attorneys/prosecutors and court systems. This brings me to a couple of questions we should all be asking ourselves and our supervisors, managers and executives. First: are we doing everything we can to facilitate the documentation, storing, safeguarding and managment of property and evidence entrusted to us in the public safety system in which we are a player? Secondly: are we, and those we work with, doing everything we can to manage our evidence correctly now, and in the future? All of us at IAPE hope the answer is yes, but just in case you are wavering on your answer, please keep reading. We are also seeking input from those who have made a difference in partnering with their prosecutor and court. More to come on this. For those of us who have been around property and evidence for more than a few years, we have seen the changes in what evidence can be found on and in. We have also seen how it can play a crucial role in not only convicting those responsible for crimes, but also exonerating those wrongly accused and even wrongfully convicted. We’ve seen the amount of evidence collected grow, and retention times increase exponentially. To say we have a key role in public safety is definitely not an understatement. What this also says is how important it is for us to be working toward contributing forward thinking pieces of the puzzle known as the criminal justice system. “Us” means not only the property room staff and those overseeing it at the law enforcement agency, but also those who prosecute and coordinate hearings and trials of individuals brought to justice. How can we develop a better relationship with our prosecutors and our court officials in managing our property and evidence? Can we influence how these partners think about evidence in cases, case and court dispositions, and the retention and disposition of property? Without a doubt, the answer is yes, and before you say, “You haven’t seen my District Attorney and Deputy DAs, and the Court Administrators”, let’s get back into the “partners in property” state of mind again! From our perspective, facilitating classes and talking to prosecutors and court personnel, everyone wants to do a good job. It’s natural to protect our turf and err on the side of caution when it comes to what we are responsible for. What we also see is the “silo effect”… we do what we think is right, but at times we don’t think through that what we do may affect our partners in the criminal justice system. For example, maybe we want to store firearms with just a tag on them, not thinking that there could be valuable DNA on them which could affect a case. Or maybe we can’t share our property room software with the DA or Court because “they might screw it up”. There are processes and systems that will work, we just have to be able to get them and use them together. Yes, this may mean additional resources and some sharing of information. Unless you explore this, it won’t come about. Here’s another example. Maybe the DA says he or she doesn’t have time to give you case dispositions because they are too busy with trial preps and hearings. How about the court clerk or administrator saying the same about being too busy to give you court case dispositions and releases/retention time frames for “your” evidence? Folks, we are in this together, and before you say, “get real Steve”, lets think this through a bit, and come up with some down-to-earth solutions to allow us to work more effectively. Joe and all of us on the Board have seen simple one-hour meetings between property room managers/chief/sheriff and the DA make a difference that no one expected. What can be “I had no idea you had this much stuff and that our “we’re too busy to do dispos could mean you holding this c**p for years. I’ll get my folks to shoot you case dispos every month if we can come up with an electronic viewing of cases. I’ll work with you”. Just having a simple lunch meeting with your chief, sheriff, city/county administrator, IT manager, coupled with a tour of your property room(s), could be the breakthrough that will allow all parties to work closer and more effectively together. Here’s what I’m asking for. Share your success stories with me on how your property room system is more efficient as a result of better partnering with your prosecutor, court, and others so we can share them in future Evidence Logs. Email me at scampbell@iape.org, and I’ll get as many as I can out for others to see and use as needed. Together we can do better in managing the property and evidence we have through training, collaboration and a willingness to recognize others when their work makes a difference for all concerned. I’m looking forward to seeing what solutions you have come up with, and I’m sure others will benefit from your comments. Steve Campbell, IAPE President Page 11 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG YEAR 2015 I.A.P.E. MEMBERSHIP APPLICATION IN THE NEWS Weapons Being Destroyed in Lincoln County Due to Shortage of Space in Evidence Room KMOV.com in St. Louis reports on June 24, 2014 that A Lincoln County judge ordered over 150 rifles and pistols be destroyed. Most of the weapons were used in a crime, and some of them have been held for over 15 years. But the sheriff’s department is having a hard time finding room for all the evidence. A Chesterfield company that specializes in destroying weapons has pulverized some weapons into scrap metal. The sheriff’s office recently obtained a court order to destroy the guns in an attempt to help clean out the evidence room. In theory, some evidence must be held forever. Overcrowded evidence rooms are a problem facing several law enforcement agencies. The O’Fallon Police Department said it is a problem they struggle with and said it was one of the reasons they turned to voters earlier this year for a new justice center. Departments said the evidence rooms are costly when it comes to providing security and maintenance of the facility. Some residents wondered if the guns could have been auctioned off and have the profits go back to the department. Unfortunately, the move required it to be signed off by a county judge. Also, the department cannot profit from the sales of weapons. All serial numbers were scratched off and the demolition had to meet ATF standards. The sheriff’s office contacted every gun owner who had a legal right to reclaim their weapon. Lieutenant Binder with the sheriff’s office said some gun owners turned their right down and left it up to the department to destroy. I am applying for the following class of membership: ______ Active ______ Associate $50.00 OFFICE USE Amount _________ (U.S. dollars) (for Accounting Purposes our Federal ID # is 88-0296739) Date ___________ Applications submitted January 1st to October 31st, will be applied for current year. Applications submitted November through December will be applied toward following year. Check # _________ Please type or print clearly Member # _______ __________________________________________________________________________ (First) Name The destruction of firearms is problematic for many agencies that strive to reclaim valuable firearm storage space. Most agencies have a finite amount of storage space fitted with enhanced security to store firearms, but changes in the laws, especially in the domestic violence and prohibited status areas have increased the length of time needed for storage. Furthermore, the politics of whether to sell firearms or destroy has caused further delay in the ultimate disposition. Once the decision to destroy is made, finding the appropriate venue to melt, shred, cut, crush, recycle or torch can be difficult. IAPE recommends that a policy needs to be written outlining the procedures needed to regularly and routinely destroy firearms as they reach a threshold quantity or they impede the ability of the agency to properly store firearms from new cases. –Ed. EVIDENCE LOG SEEKS SUBMISSIONS We are always looking for suggestions re: articles to publish in future issues of the Evidence Log. If you have anything you would like us to consider, or have other comments, please submit to: www.iape.org Page 12 International Association for Property and Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 (MI) Evidence Log 2014-3 (Last) __________________________________________________________________ Title / Rank _______________________________________________________________ E-mail Name of Agency ___________________________________________________________ Business Phone ( Business Address FAX ( _________________________________________________________ __________________________________________________________________________ Residence Address _________________________________________________________ __________________________________________________________________________ Signature of Applicant ______________________________________________________ _________________________________ ) ____________________ ) _____________________________ Please send mail to: q q Business Residence Sponsor _________________________________________________________ Active IAPE Member q I don’t know an active member at this time. Please accept my application. Have you previously been a member of IAPE? q NO q YES If yes, when? __________ Requirements for Membership Active Members - (a) The following persons shall be eligible for active membership: (1) Property/evidence officers, technicians, specialists, clerks, or custodians directly assigned to the property/ evidence function, or supervisors having actual supervision of the property/evidence function, and receiving salaries from any legally constituted national, state, provincial, county, municipal, or other duly constituted law enforcement agency/jurisdiction including railroad police system, or public police or sheriffs department. Active members retain their active status upon retirement, provided there is no interruption in membership. Associate Members - (a) Any person not eligible for active membership, but qualified by training and experience in law enforcement activity, or by professional attainments in police science or administration, shall be eligible for associate membership in the association. (b) Associate members shall have all the privileges of active membership, except for holding office and voting. (c) The following classes of persons are eligible and qualify for associate membership: (1) Personnel employed by a public law enforcement agency. (2) Employees of city, county, state, provincial, and national agencies with technical responsibility for law enforcement related storage of property/ evidence. (3) Prosecuting attorneys and their deputies of city, county, state, provincial, territorial, and national governments. (4) Employees of accredited colleges and universities engaged in teaching, research and other phases of criminal justice. (5) Staff or employees of crime institutes, governmental research bureaus, coordinating councils, law enforcement associations, and similar agencies engaged in research involving the property/ evidence storage function. (6) Persons who have made a significant contribution to the field of law enforcement property and evidence. (7) Any retired member of a law enforcement agency. Page 45 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Page 44 EVIDENCE LOG Page 13 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Spacesaver® Storage. For Good. Spacesaver ® the trusted name in evidence storage systems has designed secure storage solutions to meet the needs of any department’s evidence handling processes. Whether you require lockers for your temporary storage of evidence or need the long-term storage solution of our high-density mobile systems. Spacesaver evidence storage solutions can store the most unique objects we know you have, from now to forever. At Spacesaver, our public safety storage solutions cover the gamut of the industry that shares a common goal: to protect and serve. Learn more about our department solutions at www.storageforgood.com www.spacesaver.com | 800.492.3434 S t o r a g e Page 14 S o l v e d® Page 43 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG How NOT to Conduct an Internal Investigation Missing Rifle Scope Sparks Raid of Police HQ by DA NBCphiladelphia.com reports on April 24, 2014 that a missing rifle scope sparked a raid of a local police department, according to law enforcement sources. Investigators with the Delaware County District Attorney’s Office searched through the Chester City Police Department headquarters on 160 East 7th Street in Chester early Tuesday afternoon. A spokesperson with the District Attorney’s Office told NBC10 the officials were searching for possible missing evidence from the building’s evidence room. The officers later left the scene. According to two law enforcement sources, the raid was related to an alleged incident that occurred last March. The sources said that an evidence officer with the Chester Police Department discovered that a scope, worth between $1000 and $1300 was missing from a rifle in the evidence room. The sources claim the officer reported the information to a Chester Police official and was told that the matter would be looked into. According to the sources, the officer then went to another official a week later after no action was taken. The sources claim that official told the officer he would also look into the matter. According to the sources, the official allegedly spread the word that whomever took the scope could place it in his unlocked car with no questions asked. The sources claim a top official in the department then walked in with the scope a half hour later. A police official then stated there would be no further investigation and no reviewing of surveillance video of the evidence room, according to the sources. The sources say someone within the department then contacted the Delaware County District Attorney’s Office which led to Tuesday’s raid. “At this point we’ve asked our police department to cooperate with them fully,” said Chester Mayor John Linder. Officials told NBC10 investigators took the rifle, scope and the sign-in log for the evidence Page 42 room during Tuesday’s search. They also have a warrant for surveillance video showing who entered the evidence room and when. POLICY Whenever an evidence custodian comes forward and reports an apparent crime within the evidence room to “a department official,” that official has a duty to initiate an investigation, or report it to someone who can, and also to preserve all evidence. The action reportedly taken, to have the person who took the item return it with no further inquiry, is the equivalent of offering immunity to the thief. This should only be done when there are no other alternative methods or leads for discovering who committed the crime. Not viewing surveillance tapes, conducting interviews, or conducting a forensic examination to obtain fingerprints or DNA, as reported, only makes the “investigation” appear incompetent. The lack of action seems to have caused “someone within the department” to become a whistle-blower and contact the Delaware County District Attorney’s Office for possible outside action. It is very possible that there are more facts that have not been reported, facts that might identify the thief, that is not being reported. This apparent lack of leadership and follow-up can be very destructive to an organization. Hopefully the person responsible for the theft will be identified and the “department official” further trained on how to conduct an internal investigations, or call someone who does know. – Ed. Page 15 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Cont’d from Previous Page WE GET MAIL... Editor’s Note: We try to respond to as many letters as we can, with information which may be relevant to the broadest audience possible. We thank you for your continued participation in this process. Blood Storage at Room Temperature Joe: Can you site any scientific test that would support us storing blood at room temperature? We currently store all blood evidence in a refrigerator, before and after testing. I would like to stop wasting our refrigerator space if possible; however, I will need to justify such actions. Please let me know if you have any insight on this topic. Thanks, Cameron Huggins, Arlington Police Cameron, it’s not the test you need to deal with. It’s the philosophy of your crime lab. I worked in the greater Los Angeles area for 30 years. In the last 29 years that I worked, we never refrigerated our blood samples. We have to note that there was a preservative in the vial and Crime Lab supplied the vials. Some were refrigerated and some kept at room temperature depending upon the test needing to be done, and the color of the test tube caps. Bottom line is the Crime Lab that administers the tests should call out the method of long-term storage. Regards, Joe Reference: www.crime-scene-investigator.net/BiologicalEvidencePreservationHandbook.pdf Continued on Next Page Fresher Tape Sticks Better. TRUTH & CONSEQUENCES - cont’d. Until then, the workload weighs heavy on bordering towns. “They may not feel it in some of the places in Nebraska where the populations are greater, but I can tell you that in the small cities and towns in the panhandle, it has a huge impact on us and we are deteriorating a quality of life here if we don’t do something,” said Wilkinson. 2014 Marijuana Legalization Votes Excerpted from TIME Magazine September 2014 article by Katy Steinmetz Election Day this year will be big on pot. The battle over legalizing recreational marijuana in California - the big enchilada that may tilt legalization not only in the U.S. but other countries - is already being set for 2016. But while many reformers’ eyes are focused on the next presidential election, this year’s votes on marijuana initiatives have the power to shape that fight. Here are the races to watch in November. Alaska: Legalization with tax and regulation A 1975 Alaska Supreme Court ruling found that the right to privacy in the state included the right to grow and possess a small amount of marijuana at home. Though opponents have still fought over whether possessing marijuana is legal- sometimes in court - reformers are hoping that a long history of quasi-legalization and a noted libertarian streak will lead Alaskans to vote yes on Ballot Measure 2: It would concretely legalize retail pot, giving the the state the power to tax and regulate like in Colorado and Washington state. Under UV, our labels will now visibly measure freshness. (With the other guys, you’ll never know.) Oregon: Legalization with tax and regulation 800-255-6499 Page 16 *Go to lynnpeavey.com/uvseal for a report on critical shelf-life issues. IAPEET9/14 Not everyone in Nebraska feels the same way about Colorado’s marijuana industry. For some Nebraskans having access to marijuana could mean the end of an uphill battle with a devastating illness. Coming up tonight at 10 we’ll meet one family who’s doing everything they can to move to Colorado. Oregon almost went along with Colorado and Washington on their experimental journey in 2012, when residents narrowly rejected a pot legalization measure 56% to 44%. This year, more activists - and more organized ones at that - have been on the scene, working with groups like the deep-pocketed Drug Policy Alliance. Still, the prospects for Measure 91 are far from a lock; a recent poll found that while 44% of likely voters support legalization, 40% oppose it. Washington, D.C.: “Soft legalization” Those words are describing a measure that falls short of creating a full-on regulated, taxable pot market. Initiative 71 would, however, allow people to possess up to 2 oz. of marijuana and cultivate up to six plants at home without fear of criminal or civil penalty - at least in theory. If the initiative does pass, there remains a hazy line between the reaches of the local and federal governments in the District, and Congress could choose to intervene, passing laws that supersede the actions of D.C. officials.The initiative will very likely pass: Locals support it by nearly a 2-to-1 margin. Florida: Medical marijuana At a time when states are legalizing pot for recreational purposes, it might not seem that significant whether Florida joins the growing list of about two-dozen states that allow medical marijuana. So far, polling on support for Amendment 2 has been all over the place. For the entire article, go to: http://time.com/3433257/marijuana-potlegalization-2014/ Page 41 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. TRUTH & CONSEQUENCES EVIDENCE LOG Cont’d from Previous Page WE GET MAIL... Colorado’s Marijuana Industry is Putting a Strain on Nebraska Law Enforcement Marijuana is a multi-billion dollar industry, but not everyone is benefiting from it. In fact, it’s putting a strain on law enforcement in Nebraska. NBC Nebraska’s Kelly Baumgarten traveled to the panhandle to check on how Nebraska towns and counties are doing months after Colorado legalized pot. Her report follows. Law enforcement in small towns on the Colorado border say they are struggling to keep up with the amount of marijuana flowing into their communities. Drug arrests are rising, it’s straining county budgets, and putting more pressure on Nebraska law enforcement. Deule County stopped housing prisoners in their basement jail cells years ago… Now it houses evidence. “We’re just getting so much marijuana from Colorado coming over here,” said Deule County Sheriff, Adam Hayward. Even finding room to store the pot is becoming an issue. And it’s not just the increased volume of marijuana that’s causing a problem, with the creation of dispensaries, has come the rise of edible marijuana products. “The THC and the potency of those edibles are concentrated and it poses a lot bigger risk to the user,” said Sheriff Hayward. “We get so many of these felony drug cases stemming from Colorado marijuana and the county’s responsible to house these people in jail they’re responsible to pay for their defense attorneys,” said Sheriff Hayward. And in nearby Sidney Nebraska, a small town with a population of less than 7,000, and just a quick 10 mile trip to the Colorado border. “In the first 5 months of 2014 we made the same number of marijuana related arrests as we did in all of 2013,” said Sidney Police Chief, B.J. Wilkinson. Chief BJ Wilkinson says 5 out of every 10 traffic stops yields a marijuana arrest. Page 40 And it’s not just affecting Sidney, but the entire county. In 2009 Cheyenne County made 15 marijuana drug arrests, in 2010 that number climbed to 45, and last year they made 60 arrests. “It has affected on the budget side just because on the jail side we’ve had an increase of people,” said Cheyenne County Sheriff, John Jensen. The Sidney Police Department ran through their overtime budget within 6 months. “Most of that overtime is being eaten up in court,” said Wilkinson. Before if Nebraskans wanted to get their hands on some legal marijuana they would have to drive more than 1400 miles to California. But now it’s just a quick trip to the Colorado border and their next door neighbors are open for business and in full supply. “My goal with this store really is to be an ambassador if you will for marijuana,” said Mike Kollartis, Owner of Sedgwick Alternative Relief. Mike Kollartis is the Owner of Sedgwick Alternative Relief, a marijuana dispensary located in the small town of Sedgwick, less than an hour drive from both Cheyenne and Deule County. “I would say that once a day somebody’s like so what do you think about me traveling with this and our point is hey if you’re going to Denver do whatever you want but if you’re leaving the state throw it away don’t leave with it,” said Kollartis. But that doesn’t stop everyone. “I know were getting some of that marijuana over here just from some of the containers and packaging from some products,” said Sheriff Hayward. Authorities are asking for state lawmakers to enforce stricter penalties. “You know if you can smoke marijuana and walk out of court with 120 dollars fine and nothing else that may not be as much of an impact if you walk out of court with a 1200 dollar fine,” said Wilkinson. Continued on Next Page cont’d. FOUND PROPERTY Dear Joe: I had a quick question about evidence disposal. I recently had a property tech, who received a couple of items of clothing from another division within our City (the items were sent inner-office mail and they were taken in to the evidence section by evidence personnel). The clothing was left by a customer and the department delivered it to us to keep in the event the person returned for it. It isn’t our policy to take in items such as this (as you know, we are a bit full as it is and don’t need to hold on to items of little value). The property tech threw the item in the garbage since it didn’t meet our criteria for holding onto found property. Another property tech found it in the garbage and brought it to me and asked me what they should do with it. It was my opinion that #1: for good customer service, since we received the item, we would accept it and hold it for the appropriate amount of time before we dispose of it per our found property rules and #2: since it was received by evidence personnel, we need to document the item in our records that we received it so we have accurate records of everything that has been given to us and is being stored in our inventory (and not just throw it in the garbage). This brings up the question of disposal of items that aren’t submitted to the property room in the traditional manner. I am of the opinion that all of these items need to be documented, packaged and held per our policy for that particular item (either found property, safe keeping, etc.), so our evidence personnel aren’t making arbitrary decisions on what should or shouldn’t be kept. In addition, I don’t think it’s appropriate that the evidence tech just threw it in the garbage, as that isn’t how we would handle anything else we receive through the normal channels. Does the IAPE have any rules on the handling of items that are submitted through non-traditional channels? Thank you, Christina Dear Christina: It appears that you have a very good handle on this issue. Taking shortcuts tends to create problems for us in ways we can’t appreciate at the moment that we take the abbreviated action. You mention that; “ It isn’t our policy to take in items such as this (as you know, we are a bit full as it is and don’t need to hold on to items of little value).” Is this policy in writing? There are laws pertaining to the disposition of found property in most states, is this policy consistent with the law in your state? For example, what if the clothing items belong to a politician, or a close friend (worse) and they try to get it back within the statutory time? What if the there was a complaint submitted to management and this was an integrity check? It’s a very far-fetched notion for an item of clothing, but in the property room there should be no shortcuts and we should have no exceptions; they only tend to get us in trouble. Joe Continued on Page 34 Page 17 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVENTS & TRENDS States’ Handling of Siezed Marijuana After Legalization Varies We are wondering what other police agencies in Washington and Colorado are doing regarding the return of (siezed) marijuana to individuals now that it is legal in these states. We are reluctant to violate federal standards. Our response: Laura, this is a great question. 1 drug, only that it is a violation until the law is changed. I have searched for media reports from other cities to “scan the environment” for possible solutions in other jurisdictions below. One factor in common among these states that have a medical or recreational marijuana law is that law enforcement must change as states laws change, or face the likelihood of paying civil penalties. The other side of the coin is that the Federal government wields its weight and tries to enforce its current laws or ignores them. My opinion, under the current political climate, is that the US DOJ will ignore its own laws; however, this is not a recommendation. Seek legal advice from your legal counsel on what action to take. We have compiled some new reports from “scanning the environment” in other states. SEATTLE POLICE RETURN MARIJUANA TAKEN FROM STREET DEALERS ABC news reports on April 5, 2013 that the Seattle Police Department described as its “first time ever” event, authorities returned small amounts of marijuana confiscated from street dealers as part of a police investigation. Since voters decided to legalize marijuana in November 2012, Washington state authorities have attempted to navigate the unfamiliar waters of drug legalization. For the most part, that has involved figuring out how to deal with individuals smoking or attempting to purchase pot. A poll released on Thursday found that for the first time a majority of Americans favor legalizing the consumption and sale of marijuana. But Colorado and Washington are the only two states Page 18 Cont’d from Page 34 WE GET MAIL... cont’d. DISPOSITION OF EVIDENCE IAPE recently received this following inquiry from one of our members, LauraThornquist: We have been following this issue since a three-justice panel from California’s 4th District Court of Appeal ordered the Garden Grove Police to return seized marijuana in 2007. Since that time, the status of “medical marijuana” has been in limbo because marijuana still remains a Schedule I drug under the Federal Controlled Substances Act (21 U.S.C. §813). “These substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence”. Now, IAPE is not going to comment on whether or not marijuana should be a Schedule EVIDENCE LOG that have so far passed legalization measures on a statewide level. But how does the law apply to selling small amounts of cannabis? As with alcohol, the current state marijuana legalization does not allow for consumption in public places or for non-licensed individuals to sell the drug. After a number of complaints from local residents, SPD investigated several dozen individuals suspected of dealing drugs in an area known as the “Ave.” “Turns out that marijuana dealers actually accounted for the majority of the problem. In the spirit of I-502, Seattle Police coordinated with the King County Prosecutor’s Office to forge ahead with an innovative approach to equitably deal with those responsible,” reads an explanation on the SPD’s blog. Cont’d. on Page 21 I was talking to a gentleman who mentioned that we need to have a property hearing to transfer ownership of all evidence to the department before we can dispose of the items. Is this the same as a court disposition? I do not remember this being addressed in the class. Thanks, Jackie Nelson Hi Jackie: Short answer to your question is, no; but, your question leads into other areas of common interest for our members. I’m glad to help, but just what type of property or evidence are we talking about? Evidence seized pursuant to search warrant: Here in California, items that are seized as evidence pursuant to a Search Warrant require a court order to dispose of. I’m not an expert in Texas law; however, in reading Art. 18.10 of the Texas Code of Criminal Procedure, it states that the officer who seized property pursuant to a search warrant shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property. This leads me to believe that a court order may be needed to dispose of items seized pursuant to a search warrant. The prosecutor on each case should give a definitive answer. The good news is that this court order is generally the responsibility of the investigating officer who applies for the warrant, and not usually the responsibility of the evidence custodian. All the evidence custodian needs is the signed authorization to dispose of the item(s). Is this the type of evidence hearing you are referring to? If not, let me review some other options. Evidence not seized by search warrant: When an item that is seized as evidence no longer has evidentiary value, the investigating officer should return it to the lawful owner, unless it is contraband or violates some statue or departmental policy. If the owner can’t be located, or does not respond to a notice to claim, then the item may be disposed of in other ways. A court order is generally not required for this. Caution - some types of property may create problems when they are returned or released: Computer memory devices may have photos of victims, children, or other persons – taken with, or without their knowledge, and should not be disposed of without being completely wiped with an overwrite program. Merely erasing the directory does not remove the data. An alternative is to remove the memory device and destroy it separately. This responsibility may remain with the investigating officer, or it may be delegated to the evidence custodian, depending upon each agency’s policy. Firearms are another problem. A trained investigator, other that the evidence custodian, should be responsible for conducting background checks to determine if a person is disqualified by law to possess a firearm. This may be due to mental health or prior criminal history. This trained investigator must provide written authorization for the evidence custodian to release a firearm to a specific person. Department policy should guide what to do with firearms that can’t be released to the lawful owner. Some agencies permit the sale to a qualifying person through a licensed dealer; other agencies require the firearm to be destroyed. IAPE takes no position on this controversial issue. If the property owner is unknown or has abandoned the item, the item may be diverted for public use if the agency has such a policy, and state and local laws permit this. Check with your legal counsel for rules regarding the diversion of unclaimed property for public use. Again, a court order is generally not required for this, but there should be transparency. Cont’d on Page 46 Page 39 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG E EVvI iDdEENnCcEE Cc O oN n tT rRoOlL SSyYS StTE E mM SS “Keeping Out of of the theHeadlines” Headlines” “KeepingYour YourDepartment Department Out Evidence Control Systems, Inc.has been providing property and evidence management consulting services since 1984 in both the United States and Canada. The staff members of ECS have over 120 years of law enforcement experience combined. You can depend on our staff for expert services in the following areas: Property Room PROPERTY ROOM Audits AUDITS oror Assessments ASSESSMENTS • Policy Analyses • Design Services • Inventory Analyses • Staffing • Space Evaluation • Workload Issues www.evidencecontrolsystems.com 818.846.2963 www.evidencecontrolsystems.com 818-846-2963 JOSEPH T. T. LATTA, LATTA, CPES JOSEPH CPES President and Owner Evidence Control Systems, Inc. C.P.E.S. Recertification Requirements C.P.E.S. initial certification is valid for a period of 5 years. To maintain certification, C.P.E.S. designees must complete continuing training during the five year period. The I.A.P.E. Board of Directors has established the following criteria for recertification: • Continued dues paid membership in I.A.P.E. • Completion of continuing education through 1 of 2 options: 1. Attendance of another 2 day “Property & Evidence Management” course during the 5 year period (for a class schedule go to: http://iape.org/classes/classRegistration.php) 2. Completion of On-Line Video Training (equivalent to class attendance) Found at: http://iape.org/pdfFiles/20081129_CPES_Online_Class_Registration_Form.pdf • Submission of a Recertification Application along with payment ($100) and proof of completion of required training. NOTE: Recertification is for another 5 year period. (Recertification application can be found at: http://iape.org/pdfFiles/20081129_Recert_Application_FormFill_v5.pdf) Questions: Billing or payment for recertification or classes, call I.A.P.E. at: 1-800-449-4273 Technical questions regarding the online classes, call Kiley Associates at: 1-631-628-2823 Page 38 Page 19 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG I’VE GOT SOMETHING YOU DON’T HAVE ! INSANE Sent in by Ernie Melendez, Crime Scene Technician, Las Cruces P.D. Evidence Packaging? To view more insanity, go to LPinsanity.com. For proper handling/packaging procedures, go to LynnPeavey.com. Toll-free 800-255-6499 Fax 913-495-6787 www.lynnpeavey.com IAPEIN9/14 c.d NOW SHOWING! The Las Cruces Police Department in Las Cruces, New Mexico received a Drone into the Evidence Section on Friday, August 15, 2014. A good Samaritan turned the Drone over to authorities after she found in the backyard of her home. I just have to ask ….Did the drone just fall out of the sky, or .did the Good Samaritan notice the drone just hanging around her open windows?. Does the camera retain its images? Someone has a lot of “splainin’” to do. New Mexico does have laws pertaining to the invasion of privacy and intrusion of solitude. Inquiring minds want to know. - Ed. The IAPE proudly presents our Video Library catalog AUDITS AND INVENTORIES AUTOMATION AND BAR CODING CHAIN OF CUSTODY DOCUMENTATION SECURITY OF PROPERTY ROOM All training modules produced by The International Association for Property & Evidence, Inc. www.iape.org Page 20 Say It Ain’t So, Joe “I Put the Feces Into the Refrigerator” An IAPE member who attended the Property and Evidence Management class in Charlotte, North Carolina approached Board Member Bill Kiley and said, “I have an interesting one for you.” She is a Property Custodian in a one person Property Room. The Custodian explained that while she was away on vacation her Sergeant was taking the incoming evidence and placing it into the Property Room. When she returned to work she was greeted by her supervisor who said to her, “I put the feces in the refrigerator.” Stunned, she said, “why did you put feces into the refrigerator?” “We had to preserve the little unborn baby,” the Sergeant replied. The Property Custodian responded, “Did you mean that you put a fetus into the refrigerator?” “Oh yeah,” the supervisor responded, “I meant fetus and not feces!” As Joe Latta frequently says in classes, “You can’t make this stuff up.” Check out more News Stories at: www.iape.org Page 37 ASSOCIATION INTERNATIONAL ASSOCIATION FORPROPERTY PROPERTYAND ANDEVIDENCE, EVIDENCE,INC. INC. INTERNATIONAL PROPERTY AND EVIDENCE, INC. INTERNATIONAL FOR PROPERTY AND EVIDENCE, INC. INTERNATIONALASSOCIATION ASSOCIATIONFOR FOR PROPERTY EVIDENCE, INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, Inc. IAPE Scholarship Application International Association for Property and Evidence 903 North San Fernando Blvd, Suite 4 P.O. Box 652Burbank, • Hot Springs, South Dakota 57747 California 91504-4327 Tel 800-449-4273 Fax 818-846-4543 www.IAPE.org SCHOLARSHIP FORM Name of Agency: Address Agency: Street City Number of sworn employees State / Zip Number of property officers CHECK Number of sworn employees Sworn Total budget last FY Training Allocation last FY $ Name of Applicant: $ (First) (First) Please(First) print legibly. (Middle) Civilian Title / Rank (Last) (Last) Signature of Applicant: Membership application fee waived requested? Yes No Tuition waiver to which IAPE Property and Evidence Class is being requested? Location: City State Date: Has a prior tuition wavier request been made? Yes No CPES application fee waived? Yes No If so, when? Date Please give a brief explanation why a tuition scholarship to attend the Property and Evidence Management Class for this person is needed, or why the CPES or Membership fees should be waived. (copy this page and contine on reverse if necessary.) Signature of agency head or designee PRINTED Name Phone( ( Printed title & Title ______________________________________ Title: name & Telephone ( ) Telephone ) ) __________________ IAPE TO PROVIDE SCHOLARSHIPS TO NEEDY EVIDENCE PROFESSIONALS IAPE has a history of providing assistance to evidence If you know someone from an agency that can’t fund the training professionals in time of need. The IAPE Board of Directors and is in need of the training, have them complete this scholar- recently voted to provide a limited number of scholarships at ship application. All Applications will be subjectively reviewed each class for those evidence professional who can justify a need. by the IAPE Scholarship Committee to access the level of need . Page48 48 Page Page36 36 Page EVIDENCE LOG EVIDENCE LOG EVIDENCE LOG EVIDENCE LOG EVIDENCE LOG Continuedfrom frompage page1111 Continued Fire, flood, earthquake, tornado, and hurricane hazard mitigation • Fire-Life safety equipment cont’d. • Ventilation Legalized Marijuana Standard 5.3: Storage Schemes • try Lighting Temporary storage locations should be monitored refrigerator andwe have chained Editor’s Note: We to respond to as many letters as can, with by security cameras (onsystem both sides of pass-through padlocks to prevent unauthStandard: An orderly forinformation numbering and which Definition: may be relevantSafety/Environment to the broadest audience possible. refersor even to SEATTLE P.D. - cont’d. like the Ave. designs) to document when being evidence is submitted and orized storing property/evidence retained by the However, on occasion, we are unable toprovide come up with atampering suitable response, the necessity to a work place free of “The offender will have been shown to have when theroom item should is removed by the evidence removal. it possible that property be provided. as in the custodian. letter below, and open up the question to you, ourIsmembership, in uncontrolled physical hazards and a plan for storing This In recording can be individuals extremelyanimportant when the agency maythat other words, who to were onlyuse been warned Log about marijuana sales, and effort broaden of the Evidence as asomeone resourceinand open forum. Definition: A system ofreporting numbering oroutstanding labeling items are missing and and the officer claims it potentially make rape kit at or blood dangerous carrying marijuana did notWe have they still returned,items. despite our attempt gaining thank you for your continued participation inwant thistoprocess. the building(s), room(s) and shelves/bins that store was submitted, and the evidence custodian claims it sample evidence disappear? criminal records were let go. “In street dealing their cooperation,” explained Narcotics Lt. Mike Reasoning: The property unit should before. provide was not received. Dear Joe: property/evidence heldbeinthe the first custody the law It has happened cases, this would time.ofEver,” SPDnecessary Kebba.equipment “The admonishment letter is reasonable, and tools to ensure a safe It is important to note that the size of the alternative to the enforcement agency. spokesman Whitcomb told book Seattle PI.By The because not theirevidence freedom In reading theSean material from your CD, Book,environment on we pageare ix,in there isAsa an paragraph lead withto working allrestricting property and item does not diminish the need for tamper-proof user-modified cold storage But the SPD did issue the pot dealers go anywhere. SPD will just be requiring them to “Property Seized -Search Warrant”, and toward the end of the paragraph, it reads, “Some agencies have Reasoning: By developing a packaging standard The officeabove, and storage temporary storage. For example, a mattress held as storage and work areas. mentioned commerwritten a release to the owner as part of the Warrant that is signed by the Judge. This would help us out warning, discouraging them from continuing to comply with the law while in public places and around and bin configuration, oras areas should be equipped with evidencethe has shelving the same expectation of secure storage all currently required cially manufactured refriconsiderably. Do youcan know of anyone Iefficiency couldplaces contact for morefrom info?drug dealing.” sellthe potcigarette and tobutt. not consume itmay in public refrain vice-versa, an agency maximize thecontain does Both items DNA safety equipment, includinggerators fire alarms sprinklers and freezers are e v i d e nstorage, c e t h a tand c a n and extinguishers, smokeavailable and space of its property/evidence from locker vendors detectors, emergency Vikki Eilts cross-contaminated minimize the effort it takes tobestore and retrieve Police modular inserts for lighting, and close access tothat an are eyewash location. Department PASADENA POLICE REFUSE COURT The Los Angelestheir County Superior Court a n d c a nVermillion c r overall eate an pass-through lockers it. A suggested scenario for developing an South Dakota ORDER TO RETURN MEDICAL MARIJUANA recently set forth a motion ordering the Pasadena a rg u m e n t i n c o u r t Older existing structures should be upgraded to and contain individual lockable compartments. organization pattern would be: about the validity of current Police Department return over $8,000 that worth of (See unitregulations pictured at right.) any totime improvements • Review historical record ofsample. the31, types and The coHigh the Times reports onthe May 2014 thatrequire medical marijuana belonging to Charles Pollard, At the other end of the spectrum, a building are made. All existing STATE OFpermit CALIFORNIA quantities of property/evidence that are regularly mingling of evidence an COUNTY evidence room may discover despite a recent court order, Pasadena policestructures which was confiscated at his home during a recent OF BUTTE COURT should all- SUPERIOR be equipped with smoke fromover different cases thepolice booked the property need for temporary storage the police have into flat-out refusedrooms. to hand a significant search. However, department detectors and fire extinguishers regardless of OF SEARCH WARRANT one temporary storageareas location canstorage easily create •inamount Designate of the of RETURN flammables, which will ofparticular medical marijuana seizedfacility froman awhether has responded to the judge’s demands by filing not they are legally mandated. argument for cross-contamination in court and poses require or an entirely different for particular categories of property/evidence. I ,to being sworn, says thatorder. he conducted a search local resident, out of erroneous concerns that a motion challenge the ab integrity issue if more than one person enters the pursuant to the below described search larger warrant: evidence rooms with piece of“At equipment. Consider providing For instance, Property for Safekeeping should be they might suffer the wrath ofleft prosecution under some point the marijuana is going to cage. The partitioned storage at provides secure Temporary storage for a communication device to permit summoning nearest the public counter, and homicide evidence Vikki: Search Warrant Number: federal law. A motion against the department has have no value anymore, and if the police sit on storage for four large items if they are properly assistance, Hazardous Materials and Flamif needed, from deep within the storage in since the farthest away location due to the frequency been filed, which could result in officers it or destroy it, he’s out quite a bit of money,” some wording packagedHere to isprevent cross-contamination. IssuingThe Magistrate: mables should also be provided areas. The property officer’s efficiency isthe alsopolice that these locations are accessed. being held in contempt of court as well as serving Diamond said. “And that’s something department lockable from chaina link gates on the front prevent entry for. Arson evidence is occaenhanced because he/she would not need to walk to Date of Issue: Date of Service: •bysome Design packaging containers based on instandard Butte County, California. jail time.persons. shouldencountered be responsible for.” unauthorized sionally in the thelocation(s), office area to communicate. the size the most commonly the sample givesfound items. That the listed It isofHope equally important vehicle(s), person(s) middle of the night,and and night were searched: •locks If shelving is fixed, design containers around you some ideas. and keys remain shift personnel should have a Other protective supplies/equipment such as gloves, the shelving sizes. If shelving is adjustable, use designated location where to secure and locks cannot be goggles, paper masks, and disposable aprons/ PEOPLE ARE SUING THE POLICE by collecting a few samples and photographing Be run this by to containers that aretostandard sizes minimize costs. substituted orsure keys copied. That the following items were seized: safely submit properly packaged flammable samples. jumpsuits/hats should be provided and available for TO GET THEIR MARIJUANA BACK the rest to use as evidence forOSHA criminal charges. your legal counsel example, any large IfFor several standard size envelopes were designated, The storage cabinet below is approved use as an“None option by individual employees. us really surebe what we’re the appropriate toseeifitfliesinyour storage cages thatcontainers, are then drawers, and bins for flam mableofitems. Itemsare should removed state before you implement. AP reports on June 25, 2014 that police supposed to do, and so you err on the side secured with padlocks from temporary storage, catacould be designed to store selected envelopes in Ventilation of noxious fumes is extremely of should always have locks in some medical marijuana states who onceimportant caution,” said Mitch inin Barker, director logued, and then stored aSectionexecutive specific shelving locations. and is addressed 5.1 Facilities Items are described in the attached and incorporated inventory - Joe q them secured to the frames to routinely seized illegal pot plants by ripping of the Washington Association of Sheriffs and permanent location at the • Use of high-density (mobile) storage shelves is the - Construction. prevent locks from being earliest opportunity to prevent out by their roots and stashing them away in Police Chiefs. I further swear this is a true detailed account of all the property taken by me most effective method to significantly increase storage removed and duplicaterooms keys to die are nowpursuant to Adequate the search warrant, toisPenal Code lighting ispursuant veryflamimportant intosections helping possibility ofand another mustyAll evidence thinking “Law enforcement going have 1528 totothink space. rooms, bays, bins, shelves, racks, and thisthe and 1536, property will be retained in my custody until a final disposition made. Ideally, lockers should prevent avoidable injuries. The lighting should mable item needing temporary twice about the practice. more carefully aboutexcept whatcontraband their procedures has been rendered, whereupon all property, which will be are containers need to have a clearly readable address. have slam-lock hardware in and cabinet already bestorage sufficient for an procedures average person toaccording easilytotoread destroyed, will be returned tothe its rightful owner or disposed of any From Colorado and Washington State to and how those might need change •tead Being able to specifically of removable keys that identify and document other court order. Further, by this return, I am authorized, without necessity being in use. the labels and numbers on packages located on California and Hawaii, are being in light of changes in the law,” said SamifKamin, a of further to return seized item(s) to any known owner(s) such each storage location used police by in theuse. agency is sued a court order, are stored in the locks when not Remember, the lower shelves. This is often a problem when item(s) after have beenUniversity photographically documented. by people who want their marijuana back of Denver law professor. critical stepa reasonable in efficient storage and retrieval. in creating doubt, the defense only needs shelves are retrofitted to a room where they were chose not to charge them or they Most local police say they are seizing less toprosecutors argue that something is possible, not that it actually originally intended. Thisbut is athey special problem Signature ofnot Affiant were acquitted. weed post-legalization, still investigate occurred. Standard 5.4: For more examplesmobile of storage options, check the if with high-density shelving. Heavy In somestorage cases, the one-time are they suspect patients are growing more than Temporary for items that requiresuspects cold storage Sworn to and IAPE subscribed before me for day of , 20 they Storage Facilities - Safety/Environment web-site photo galleries, resources, are createdthisany time lights are such covered by .dollars should alsoforbehundreds provided for needed. of This simpletoshadows asking ofwhen thousands should. Federal agents face no quandary, advertisers and more. shelf. This may be under easily federal mitigated by Standard: The property unit should provide a a moving design at left used a consumer quality over refrigeratorreplace dead plants. Concerns liability since pot remains illegal law. running florescent tube lighting perpendicular to afreezer safe and environmentally friendly work with the shelves and drawers replaced by small have prompted some agencies to either Judge forgo of the Superior Court www.iape.org metal lockers inside. These lockers are bolted to the the moving shelves, instead of parallel. environment that addresses such concerns as: Continued pagealtogether 28 rounding up theon plants or to improvise Cont’d. on Next Page Cont’d. from Page 18 • IAPE Standards Section 5 WE GET MAIL... COMMENTARY: Temporary Storage - EVENTS & TRENDS - Page Page 1313 Page 25 21 Page INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Cont’d. from Previous Page EVENTS & TRENDS - Legalized Marijuana LAWSUITS - cont’d. Whether or not state laws require, as they do in Colorado, police to return medical marijuana intact if a suspect isn’t charged or is acquitted, departments have been sued over pot that has wilted in their evidence lockers. In Colorado Springs, a cancer patient who had faced drug charges is suing police after 55 dead plants, worth an estimated $300,000, were returned to him. The state appeals court had to order the police to return them. Medical dispensary owner Alvida Hillery sued police to return her 604 pot plants or pay $3.3 million after she was acquitted of drug-cultivation charges. She dropped the suit in exchange for a city dispensary license. By then, the plants had died. “We need uniform rules, and law enforcement would be wise to develop those rules, otherwise they will continue to be sued,” said Hillery’s attorney, Sean McAllister, who is representing another dispensary owner in a similar suit in federal court. In Hawaii, a group of medical marijuana patients who were never arrested sued in May after police seized 52 plants in a raid. They want $5,000 for each plant if they’ve died. In Oregon, a narcotics task force takes only the numbers of plants necessary to bring a patient back into compliance with the law, said Washington County Sheriff’s Sgt. Chris Schweigert. “Ten years ago, you had that many plants, you just went in there and ripped them all out. Now, you’ve got to ask a few questions,” said Sgt. David Oswalt, who supervises the Grand Junction police evidence room. Oswalt’s department tells officers who believe the questionable weed is legal for medical purposes to take clippings and leave the plants behind. If not, they can seize plants by the bundle. Leaving plants behind carries obvious risks, said Jim Gerhardt of the Colorado Drug Investigators Association. “It would be like arresting a cocaine dealer and taking a minuscule amount of the cocaine as a sample and then leaving it there for them to be used or sold,” he said. “It’s a complicated, messy issue.” Washington State does not require police to return plants to acquitted patients. The state’s medical marijuana law allows gardens of 45 plants or less, though it doesn’t expressly prohibit having multiple gardens on a single property. Seattle police destroy marijuana plants after seizing them, documenting the hauls with photographs or samples that can be presented at trial if necessary, said Officer Renee Witt, a department spokeswoman. This month, they seized more than 2,200 marijuana plants, but arrested no one, in a raid on a purported medical marijuana operation where neighbors complained about the smell. “My God, we would run out of space if we had to preserve it, water it, light it,” Witt said. Police in Lynnwood, Washington, no longer seize medical plants, said Angelea Madsen, who supervises the evidence unit. Officials last year returned 202 dead plants seized from a group of medical marijuana patients who were never charged with crimes. They demanded police return the weed and growing equipment or pay nearly $1 million, the estimated value. John Jackson, the police chief in Greenwood Village, Colorado, and a vice president of the state’s association of police chiefs, said state lawmakers must enact guidelines on marijuana seizures to protect law enforcement from civil and criminal liability. “There’s no property room in the world that’s going to turn into a hydroponic growing operation,” Jackson said. IAPE will be following this topic in-depth and across the nation as other states decriminalize marijuana in the future. It will be interesting to ascertain which Events and Trends will take hold and with what consequences, particularly as they pertain to the Property and Evidence function. Read more on this subject under Unitended Consequences on Page 23 Page 22 EVIDENCE LOG IN THE NEWS Atlantic Beach Police Chief Resigns Under Investigation On September 23, 2014, Derek Gilliam of the St. Augustine Record reports that Atlantic Beach Florida Police Chief Michael Classey resigned after being suspended because of an active criminal investigation, according to city officials. Interim City Manager Nelson van Liere said Florida Department of Law Enforcement officials notified him of an ongoing investigation involving Classey. A Department of Law Enforcement spokesman declined to release additional information, but Classey’s controversial tenure as police chief included an accusation of inappropriate contact with a female police officer, missing guns from the evidence room and an alcohol-fueled incident with Jacksonville police prompting Classey to seek treatment for alcoholism. Classey couldn’t be reached for comment. Van Liere said the investigation has nothing to do with job performance. Classey joined the department in 2006 from a police department in Kennesaw, Georgia. He began his time in Atlantic Beach as a captain after a national search involving about 100 candidates. Classey, 50, became chief October 1, 2008, to replace David Thompson who served as Atlantic Beach’s police chief for 24 years. Classey, who earned a master’s degree in public administration from Columbus State University in Georgia, preached community-oriented policing and described police work as customer service in a newspaper profile from when he took the position. “He served Atlantic Beach well,” van Liere said. “I hope he takes the time to straighten out his personal life.” Several issues arose in the department during Classey’s tenure as chief, including a situation where a female officer accused Classey of being “unlawfully sexually hostile.” Renee Jackson, an Atlantic Beach former officer, accused him of pinning her against a door inside police headquarters. City officials hired Jacksonville attorney Margaret Zabijaka to investigate the matter. She found no evidence Classey did anything wrong and cleared him of misconduct after a month-long investigation. Vincent Champion, president of the Coastal Florida Police Benevolent Association, said his organization has fought the chief since Jackson brought her complaint. He said Classey used strong-arm tactics, and association members felt bullied but didn’t file internal complaints because they feared losing their jobs. In 2010 a police audit of the department’s evidence room found guns that couldn’t be linked to any case or owner, guns that should be there but weren’t, and fingerprint cards without case numbers. There also was a “large number of bicycles missing” and some that couldn’t be linked to a criminal case. However, Classey also had successes. During his tenure, violent crime and prostitution dropped in the Mayport Road corridor. Atlantic Beach City Commissioner Jimmy Hill said he was surprised when he learned Classey was being investigated, but not about turnover inside the department. He said the department is supervisor-heavy with staff directory listing 11 police officers, eight supervisors including Classey and two detectives. Classey’s personnel file included a November 2008 police report where Jacksonville sheriff’s officers responded to a call from his son warning police his father might hurt himself. Classey himself told city officials alcoholism runs in his family, that he has long battled the disease, his wife had just left him and that his position as police chief had not contributed to his problems. Mayor Carolyn Woods said she didn’t know details about the current investigation, but the city is working through the process. She met with the city manager recently to discuss the investigation. Manager Van Liere would not discuss details about Classey, citing an active investigation. Permanent identification that stays until you cut it off. One-piece self-locking Tamper-evident Easy to use Assorted colors and lengths • Customization available Manufactured in the USA by INDUSTRIAL PRODUCTS DIVISION 800-338-2448 • mail@petermangone.com • www.petermangone.com Page 35 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Cont’d from Page 17 WE GET MAIL... Mr. Latta, UNINTENDED CONSEQUENCES cont’d. of Events & Trends OFFICE SPACE I have read Section 5, Storage Facilities, which states “a well-designed property room will provide office space for the property officer located outside the actual evidence storage area. Having the office adjacent to the storage area provides a work station that is not within the confines of the secure storage area.” I have my own thoughts about health, safety, and security issues of having office space located in the same area as storage of evidence. I need to know your thoughts are to why it is not a good idea to have office space within the confines of the main storage area. My department moved my office inside the main storage area today and I am not sure that is a sound decision. I also read about ventilation and I am not convinced that our ventilation system would be up to code for a person spending that much time in there on a daily basis. Any help you can provide would be greatly appreciated. Thank you, Janice S. Janice, 75% of the property rooms across the country are not the safest environmentally (odors, mold, rodents, air quality) and depressing! Why would we want to sequester ourselves in that environment all day? Another reason is if the office if designed properly, it adds an additional security buffer between visiting employees and the actual storage of evidence. It’s one more door someone must penetrate to gain entry. Also if properly designed, other people are when visiting can’t see the evidence. Lessen opportunities for Looky-Lous. Some chiefs don’t want anyone to see the contents of the room! If the room isn’t properly ventilated, it could be a health hazard. Hope this helps Joe DISPOSITION OF FIREARMS Joe: We have several firearms in our evidence room that were taken into custody on suicide attempts. How would you recommend we go about purging them from our system? Any suggestion would be greatly appreciated. Thanks in advance. Investigator Mickey Kitchens Covington, Georgia Mickey: Here are my thoughts for you to consider, but this is not legal advice. As always, consult with your legal counsel before taking any action. If the owner of the firearm is the same person who attempted suicide, then I would suggest that the person may qualify as a prohibited owner under the Federal Gun Control Act of 1968. If the owner objects to the destruction, then I suggest letting the owner identify a third person to transfer ownership to through a licensed firearm dealer. I would not destroy the firearm without due process or a court order. – Ed. Page 34 EVIDENCE LOG Continued on Page 39 In all of the IAPE classes we talk about events and trends that may affect us in our jobs. Last year both Colorado and Washington legalized small amounts of marijuana. In some departments around the states it was noted that seizures of small amounts of marijuana had in fact declined to which the property room says hurray! However with any change the law there can always be what I call unintended consequences. - Joe Latta POT DRAWS HOMELESS TO COLORADO IN SEARCH OF WORK CITY MEDICAL MARIJUANA DISPENSARY BURGLARIZED; 2 IN CUSTODY DENVER (CBS4) - Legal marijuana is luring pot tourists and business entrepreneurs to Colorado, and it’s also attracting another demographic: the homeless, some of whom trek to the state in hopes of landing a job in the industry . “There’s an enormous migration, even a homeless movement, so to speak,” David Spencer, a homeless man from Tennessee, said. “I figured this would be a good place to start over.” While shelters across the metro area are willing to open their doors, they’re quickly running out of room. “We were averaging 190 (homeless) last year. We’re now averaging 345 a night,” Murray Flagg of the Salvation Army said. Tom Luehrs, the executive director of St. Francis Center, says the top reason many homeless are moving to Colorado is work, especially in the new legal industry. “People see that the marijuana business has been flourishing here,” he says, “so they match up good business … and jobs must be available, which they are. Two people were taken into custody following a burglary at a medical marijuana dispensary in Studio City late Tuesday, police said. SUSPECT ARRESTED IN FATAL MARIJUANA DISPENSARY ROBBERY One person is dead and another injured after a gunfight at a medical marijuana dispensary in the heart of North Park, according to San Diego Police. The incident started as an attempted robbery and then the men got into a shootout with a security guard inside. The guard shot and killed one of the suspects and received a gunshot wound himself - despite his bulletproof vest. Source: http://www.nbcsandiego.com/news/local/ArrestMade-in-North-Park-Shooting-in-April-johnathancollins-276982901.html#ixzz3Fkvsdrqj Source: http://ktla.com/2014/10/01/studio-city-medicalmarijuana-dispensary-burglarized-2-in-custody/ POLICE: 3 MEN ROB ILLEGAL SANTA ANA MARIJUANA DISPENSARY Three men robbed an illegally run marijuana dispensary on night of October 5 and left with an undisclosed amount of cash and pot, police said. Santa Ana Police Department officials responded to reports of a robbery shortly before 9 p.m. Officials said the store was about to close and two employees were ready to put cash in a safe when three men armed with handguns entered, according to police Cpl. Anthony Bertagna. The men, described as in their 20s or 30s, robbed the store of an undisclosed amount of cash and marijuana before fleeing in a four-door sedan. Investigators will determine whether surveillance footage is available from inside the store. Medical marijuana dispensaries are illegal to operate in Santa Ana, and many move locations often to avoid police detection, Bertagna said. Robbery detectives are focusing on catching the thieves, but the information about the illegal dispensary will be forwarded to investigators who handle such stores, and charges against the store owner may come later, Bertagna said. Source: aduranty@ocregister.com Cont’d on Page 31 Page 23 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Property & Evidence Management Course International Association for Property and Evidence, Inc. for Law Enforcement Agencies - Year 2014 This 2 day course provides a unique training opportunity for Law Enforcement Personnel responsible for, or actively involved in, the operation, supervision or management of a Property and Evidence Unit. Special attention will be given to: • • • • • • • • • • DNA Storage / Handling (NIJ / NIST) Accreditation Standards Management Concepts Policies & Procedures Packaging Standards Chain of Custody (Documentation) Automation / Bar Coding Purging and Disposition Auctions / Diversion Destruction Processes • • • • • • • • • • Audits / Inventories Design and Layout Criteria Environmental Concerns Space Standards Storage / Shelving Firearm Storage / Handling Narcotics Storage / Handling Currency Protocols Bio-Hazards Case Studies / Liabilities • Training Format • Class Composition and Size The class is an intensive sixteen hour classroom style course designed to maximize learning sound property room concepts. Extensive PowerPoint and video collections illustrate properly designed facilities and systems. Limited size classes of both sworn and civilian personnel involved in the operation, supervisors, managers, and adminstrators of the property function. Classes fill up quickly - Sign Up Early! • Keeping Up and Staying Ahead • Tuition Fee Training has been designed to help recognize and avoid the pitfalls that can lead to court challenges, lawsuits, poor press relations, disciplinary action, termination and indictments. Course fee includes tuition, membership, student workbook, CD of forms and property manuals. Discount tuitions are available to returning members and when additional students from the same agency attend the same class. • Instructors • Transportation and Lodging Instructors are recognized experts in the field, with both professional and academic credentials. • Certification of Attendance Students will receive a Certificate of Attendance, in addition to the class materials ad valuable knowledge received in the class. Page 24 Training is usually held at hosting department’s training facility or at the listed hotel. Transportation, food, and lodging are the responsibility of each participant. • Exchange Ideas Network with property room professionals from agencies across the United States and Canada. CERTIFICATION APPLICATION Type of of CertiÞcation CertiÞcation requested requested Type CertiÞed Property Property and and Evidence Evidence Specialist Specialist (CPES) (CPES) (For (For Law Law Enforcement) Enforcement) CertiÞed Type of CertiÞcation requested Corporate CertiÞed CertiÞed Property Property and and Evidence Evidence Specialist Specialist (CCPES) (CCPES) (For (For Private Private Industry) Industry) Corporate CertiÞed Property and Evidence Specialist (CPES) (For Law Enforcement) Corporate CertiÞed Property and Evidence Specialist (CCPES) (For Private Industry) Employer Full Name Applicant’s Employer Employer Mailing Address Address Mailing Mailing Address Business Telephone Telephone Business ________________________________ Police Police Sheriff Sheriff Other ________________________________________________ (pleaseOther print) ________________________________ £ £ £ ________________________________ Police Sheriff Sheriff Other _________________________________ Police Other ________________________________________________ ________________________________________________ City/Town: ________________________State/Province:_____Zip:______ ________________________State/Province:_____Zip:______ City/Town: ________________________________________________ City/Town: ________________________State/Province:_____Zip:______ (_______) _______________________________ (_______) _______________________________ Business Telephone e-Mail Address Address e-Mail (_______) _______________________________ ______________________________________ (Required for for Online Online Test) Test) ______________________________________ (Required e-Mail Address Attendance at IAPE IAPE Attendance at Property & Evidence Property & Evidence Attendance IAPE Mgmt. Class Classat (or Online Mgmt. (or Online Property & Evidence Video) Video) Mgmt. Class (or Online Video) Current Dues Dues Paid Paid Current Member of IAPE Member of IAPE Current Dues Paid Member of IAPE CertiÞcation of CertiÞcation of Property Custodian Property Custodian CertiÞcation Experience of Experience Property Custodian Experience ______________________________________ (Required for Online Test) Attended Class: Class: Attended Month___________ Year ______ City __________________ Month___________ Year ______ City __________________ Attended Class: Month___________ ______ City __________________ OR Completed Completed Video VideoYear Class: Month _________Year_______ OR Class: Month _________Year_______ Application & & Testing Testing Application Fee Fee Application & Testing Fee CPES Fee: Fee: $175 $175 (U.S.) (U.S.) CPES CPES Fee: $175 (U.S.) CCPES Fee: $225 CCPES Fee: $225 (U.S.) (U.S.) CCPES Fee: $225 (U.S.) Mail Completed Completed Mail Application and Application and Mail Completed Payment to Payment to Application and Payment to How to to prepare prepare for the the How for online CertiÞcation online CertiÞcation How test to prepare for the test online CertiÞcation test Questions Questions Questions OR Yes Completed Class: Monthdues _________Year_______ NoVideo If not not a current current paid member member call call Yes No If a dues paid 1-800-449-4273 to reapply for membership) 1-800-449-4273 to reapply for membership) Yes No If not a current dues paid member call to reapply for membership) Application WILL WILL1-800-449-4273 NOT be be processed processed without a signature signature below below Application NOT without a As the the Chief/Sheriff/CEO, Chief/Sheriff/CEO, or or his/her his/her designee, designee, II certify certify that that the the applicant applicant has has served served As Application WILL NOT be processed without a signature below as a Property Custodian for this department for either one year full time or, as a part part as a Property Custodian for this department for either one year full time or, as a time assignment, has completed completed 2080 hours (the (the full time time equivalent of one one year full As the Chief/Sheriff/CEO, or his/her designee, I certify thatequivalent the applicant hasyear served time assignment, has 2080 hours full of full as a Property Custodian for this department for either one year full time or, as a part time) in that function time) in that function time assignment, has completed 2080 hours (the full time equivalent of one year full Signed: ___________________________________ Date: ____________ ____________ Signed: ___________________________________ Date: time) that function Title: in______________________________________________________ Title: ______________________________________________________ Signed: ___________________________________ Date: ____________ Telephone Number: (______) (______) __________________________________ __________________________________ Telephone Number: Title: ______________________________________________________ Telephone Number: (______) Enclosed is a check or money__________________________________ order made payable to IAPE Enclosed is Credit Card Card Credit Enclosed is a check or money order made payable to IAPE (MASTER, VISA, VISA, AMEX, AMEX, DISCOVER) DISCOVER) (MASTER, a check or money order made payable to IAPE Card Credit # _______________________________________Exp: _______________________________________Exp: Mo/Yr: ____/______ ____/______ Card (MASTER, VISA, AMEX, DISCOVER) Card # Mo/Yr: SCV/CCV:________ (3 (3 or or 4 4 digit digit security security code) code) SCV/CCV:________ I authorize authorize IAPE to to charge charge my my credit credit card card account account the the amount amountMo/Yr: of $_________ $_________ in # _______________________________________Exp: ____/______ ICard IAPE of in payment of of certiÞcation certiÞcation fee. SCV/CCV:________ (3 fee. or 4 digit security code) payment I authorize IAPE to charge my credit card account the amount of $_________ in Signed: __________________________________ __________________________________ Date:_____________ payment of certiÞcation fee. Signed: Date:_____________ eMail Address for payment receipt: (required) _______________________ eMail Address for payment receipt: (required) _______________________ Signed: __________________________________ Date:_____________ eMail Address Association for payment receipt: (required) International for Property and_______________________ Evidence, Inc. International Association for Property and Evidence, Inc. 903 N. N. San San Fernando Fernando Boulevard, Boulevard, Suite Suite #4 #4 903 International Association for Property and Evidence, Inc. Burbank, California 91504 Burbank, California 91504 903 N. San Fernando Boulevard, Suite #4 Burbank, California 91504 To prepare prepare for the the Þfty Þfty (50) question question online online exam, exam, study study the the IAPE IAPE To for (50) Professional Standards that can be found on the Association Website Professional Standards that can be found on the Association Website To prepare for the Þfty (50) question online exam, study the IAPE www.iape.org/certStandards.html www.iape.org/certStandards.html Professional Standards that can be found on the Association Website www.iape.org/certStandards.html For payment payment and and billing billing questions: questions: 1-800-449-4273 Ext Ext 3 3 For 1-800-449-4273 For questions about certiÞcation & testing: 1-800-449-4273 Ext 4 For questions about certiÞcation & testing: 1-800-449-4273 Ext 4 For payment and billing questions: 1-800-449-4273 Ext 3 For questions about certiÞcation & testing: 1-800-449-4273 Ext 4 CPES Application Application v.3 v.3 20130309 20130309 wpk wpk CPES Page 33 CPES Application v.3 20130309 wpk INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG International Association for Property and Evidence, Inc. BOLO REQUIREMENTS & PROCEDURES Certified Property & Evidence Specialist Requirements BE ON THE LOOKOUT UP-COMING Certified Property & Evidence Specialist Procedures - Here are the steps to apply: 1. Complete the CPES Application. 2. Ask your Chief, Sheriff, or CEO to sign theThere application verifying your experience theet Property function. are five criteria that must bin e m in order to become a Certified Property 3. Send the completed application along with your payment (personal check or U.S. Postal Service Money Order) payable and E vidence S pecialist ( CPES): to “IAPE” in the amount of $175.00. A credit card can be used for payment. Mail the form to the address on the application. Requirements: Applicant must have attended and completed the IAPE two-‐day “Property Evidence Management Course” or cjob ompleted the Web-‐ you will be Once your application and&testing fee have been received, and your experience verified, based, video ourse. sent an e-mail that will give you your login information and the timecframe for your Online Certification Test. You will need a computer that has access to the Internet for sixty (60) minutes. You2.will Applicant be immediately notified the outcome your test once youfor: complete it. Should you be must have sof erved in the Pofroperty function unsuccessful in your first attempt, you will be given one more opportunity to take another version of the test, included in your initial fee. After a. One year as a full time assignment, or successful completion of your test you will be mailed your official IAPE Certified Property and Evidence Specialist certificate within several weeks. b. A total of 2080 hours (one year equivalent) as a part time assignment NOTE: The applicant’s Police Chief, Sheriff, CEO or his/her designee must sign the application 3. Submit an application and testing fee 4. Achieve a satisfactory grade on the CPES online test There are 5 criteria that must be met in order to become a 5. Be a current dues paid member of IAPE and must remain a member Corporate Certified Property & Evidence Specialist (CCPES): during the period of the certification. 1. Applicant must have attended and completed the IAPE two-day “Property & Evidence Management Course”, Here are the steps to apply: or completed the web-based video course. 1. Complete t he C PES application form 2. Applicant must have served in Property function for: your Chief, hours Sheriff, CEO to sign the verifying your a. One year as a full time assignment,, OR2. b. Ask A total of 2,080 (oneor year equivalent) asaapplication part time assignment NOTE: The applicant’s CEO or his/her designee must sign thePapplication experience in the roperty function 3. Submit application and testing fee. 3. Send the completed application along with you payment (personal check 4. Achieve a satisfactory grade on the CCPES online test. or U.S Postal Service Money Order) payable to “IAPE” in the amount of 5. Be a current dues paid member of IAPE and must remain a member during the period of certification. $175.00. A credit card can be used for payment. Send the form to the address on the application. Here are the steps to apply: Once your application and testing fee have been received, and your job 1. Complete the CCPES Application. 2. Ask your CEO to sign the application verifying your experience thew Property function. experience verified, inyou ill be sent an email that will give you your login 3. Send the completed application along with your payment U.S.your Postal Service Money Order)Test. payable information and t(personal he time check frame orfor Online Certification You will need a to “IAPE” in the amount of $225.00. A credit card can be used for payment. Mail the form to the address on the application. computer that has access to the Internet for about sixty (60) minutes. You will be immediately notified of the outcome of your test once you complete it. Should Once your application and testing fee have been received, and your job experience verified, you will be be unsuccessful on your for first attempt, you will be given ne need more pportunity sent an e-mail that will give you your login you information and the time frame your Online Certification Test. Youowill a ocomputer that has to t ake a nother v ersion o f t he t est, i ncluded i n y our i nitial f ee. A fter s uccessful access to the Internet for sixty (60) minutes. You will be immediately notified of the outcome of your test once you complete it. Should you be unsuccessful in your first attempt, you will be given one more opportunity the test, included in your initial fee. completion of your test you to wtake ill be another mailed version your ooffficial IAPE Certified Property and After successful completion of your test you willEvidence be mailed Syour official IAPE Corporate Certified Property and Evidence Specialist certificate within pecialist certificate within several weeks. several weeks. Questions about payment and billing: 1-‐800-‐449-‐4273 Ext. 3 Questions about testing & certification: 1-‐800-‐449-‐4273 Ext. 4 or 631-‐628-‐2823 Page 32 CPES Online Test 1. Corporate Certified Property & Evidence Specialist Requirements - Procedures: Procedures - CPES Online Test: CCPES Online Test Questions: Apply today and join the ever growing number of professionals who have become • When making reservations, ask the hotel for the International Association for Property and Evidence, Inc. participant’s special discount rate. PROPERTY & EVIDENCE CLASSES • To be guaranteed a room at the discount rate, make reservations 30 days in advance. There are 5 criteria that must be met in order to become a Certified Property & Evidence Specialist (CPES): 1. Applicant must have attended and completed the IAPE two-day “Property & Evidence Management Course”, or completed the web-based video course. 2. Applicant must have served in Property function for: Procedures for equivalent) as a part time assignment a. One year as a full time assignment, OR Application b. A total of 2,080 hours (one year NOTE: The applicant’s Police chief, Sheriff, CEO or his/her designee must sign the application 3. Submit application and testing fee. 4. Achieve a satisfactory grade on the CPES online test. 5. Be a current dues paid member of IAPE and must remain a member during the period of certification. Hotel Reservation Information 2014 Sterling Heights, MI - October 27 & 28 Portland, OR - November 4 & 5 Debtford, NJ - November 17 & 18 Burbank, CA - December 2 & 3 Toronto, Ontario, Canada - December 9 & 10 2015 Las Vegas, NV - February 23 & 24 Provo, UT - March 3 & 4 Fort Collins, CO - March 11 & 12 Souix Falls, SD - March 24 & 25 Forsyth, GA - April 21 & 22 Rockville, MD - April 28 & 29 Miamisburg, OH - May 13 & 14 Columbia, MO - June 2 & 3 Carrollton, TX - July 14 & 15 Tacoma, WA August 4 & 5 Tucson, AZ - September 23 & 24 Minneapolis, MN - Sept. TBD • Training sessions from 8 a.m. - 5 p.m. daily. • Questions ??? Call (800) 449-IAPE (4273) Registration Information • Completed registration forms should be submitted 2 weeks prior to the training session along with credit card, check, money order or purchase order, made out to IAPE Training at the following address: International Assn. for Property & Evidence, Inc. Attn: Training Division P.O. Box 652 Hot Springs, S.D. 57747 • Refunds will be made with 14 days notice. Check web-site for most current up-dates, wait lists & filled classes. Others locations are being scheduled right now, including Anchorage, Alaska... Please go to: www.iape.org for Membership / Registration Form You can also sign up to take an on-line class. We offer the full management course, plus 4 other modules. (See Page 20 for all titles.) NEW S ADDRES TUITION RATES FOR 2014 $ 375 $ 350 $ 325 $ 300 $ 300 Non-Member Rate * Additional Attendee * IAPE Current Member Rate (1st time attending) IAPE Current Member Rate (Previously attended) IAPE Current Member, Addt’l. Attendee *(includess IAPE 1 year membership & Evidence Log) TOTAL ENCLOSED . . . . . . . . . . . . . . $ ________ $ 50 Annual Membership Only $ _________ (incls. subscription to Evidence Log) Credit Card Type: q q q Number: _______________________ Exp. Date: ________ Cardholder’s Signature: _______________________________ Page 25 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. IN THE NEWS Ex-Phoenix Officer Gets Prison for Stealing Drugs The Arizona Central.com reports on September 12, 2014 that a former Phoenix police officer who pled guilty to stealing more than 2,000 narcotic pills that were in police custody was sentenced to nearly four years in prison by a Maricopa County Superior Court judge on Friday. William B. McCartney, 40, will serve three years and nine months in the Department of Corrections followed by three years of probation, according to the sentence Superior Court Judge Peter Reinstein handed down Friday morning. Reinstein will recommend to the Department of Corrections that McCartney be transferred to an out-of-state prison to serve his sentence. McCartney was arrested in 2011 after an internal audit showed that bags containing prescription painkillers, like oxycodone, that were handled by him were tampered with and replaced with over-the-counter medication. McCartney said that he stole the painkillers because he was addicted to them. He said his addiction stemmed from an operation on his hand that he injured while on duty. “I know what I did was wrong, horrible and unethical,” McCartney said. McCartney and his lawyer, David Cantor, asked the judge for the minimum sentence stipulated in his plea agreement of three years due to his achievements as a police officer and his contributions to society. But prosecutor Edward Leiter asked for a five-year sentence and said other police officers need to learn from McCartney’s experience. “The message needs to be sent, frankly, to all police officers that if you engage in this type of activity … you will be appropriately punished,” Leiter said. Five or six cases were directly impacted by McCartney’s theft, but no cases were dismissed, Leiter said. McCartney’s actions were a direct breach of public trust, Leiter said. The lead detective on the case, Theron Quass, said during the hearing that McCartney had legal ways to treat his pain and get counseling for his addiction but chose to steal the drugs instead. “He was clearly not honest, clearly addicted to drugs,” Cantor said. The Phoenix Police Department needs to be commended for its inspection practices in this story. The vast majority of law enforcement agencies don’t conduct any type of review or testing of drugs when they are being staged for destruction. Simply validating that the package is present is the norm. The Phoenix PD routinely audits the contents of the package to validate that the item has not been tampered with or substituted. EVIDENCE LOG Cont’d from Page 23 UNINTENDED CONSEQUENCES - cont’d. ANN ARBOR POLICE ARREST SUSPECT IN MARIJUANA DISPENSARY BREAK-INS NEW MEXICO CREDIT UNION TO CLOSE ACCOUNTS FOR MEDICAL POT DEALERS A 30-year-old man suspected in at least two marijuana dispensary break-ins and other larcenies in Ann Arbor has been arrested. Officers were called to the 2200 block of West Liberty Street after being notified of a break-in by an alarm, said Ann Arbor police Detective Lt. Robert Pfannes. The man was later arrested in the 2500 block of Adrienne Drive following a police investigation. A backpack containing evidence was recovered at the arrest scene. An earlier break-in of a marijuana dispensary was reported on August 19 at the Treecity Health Collective in Ann Arbor. A small amount of packaged medical marijuana was stolen, police said at the time. Source: http://www.mlive.com/news/ann-arbor/index. ssf/2014/09/ann_arbor_police_nab_man_ suspe.html Thousands of medical marijuana patients in New Mexico struggling with chronic shortages of the drug now face another hurdle after several of the state’s licensed nonprofit producers got the news from the State Employees Credit Union that their accounts would be closed due to federal banking regulations. No longer able to accept debit or credit cards, those dispensaries are telling patients they can only make purchases with cash. Source: http://www.sfreporter.com/santafe/article-9283cash-is-king.html#sthash.swZx9UG3.dpuf For another article on this topic, see Page 40 If we always do what we have always done, We will always get what we have always gotten. Why don’t we? More than likely time, staff , and the thought that tampering or substitution would not occur. - Ed. EVIDENCE LOG IS INTERESTED IN ANYTHING NEWSWORTHY YOU HAVE TO SHARE... Maybe you have come across interesting news we’re not aware of that pertains to Property and Evidence Management? Send submissions for consideration to E-Log Editor, Robert Giles: rgiles@iape.org Page 26 Page 31 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Evidence Storage Keeping your crime scene secure throughout the chain of custody Spacesaver’s evidence lockers are specifically designed to provide an extremely secure chain of custody during the critical short-term evidence storage period, which is the period of time when evidence leaves the hands of the person who collected, until it’s properly logged and stored in the evidence and property room. Preferred by law enforcement agencies throughout North America, Spacesaver evidence lockers serve as a secure, unattended evidence drop-off system. Officers can securely deposit evidence day or night without having to deal with keys or combinations, or rely on an evidence technician. For the latest videos, case studies and brochures on evidence storage visit Scan the QR code for quick access to the video. www.storeyourevidence.com Free Mobile App http://gettag.mobi S t o r a g e Page 30 S o l v e d® www.spacesaver.com | 800.492.3434 Page 27 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Who? Who has ever had possession of the item in question? EVIDENCE LOG Advanced evidence tracking software designed to give you complete control What? What is the item? What is significant about it? What are its characteristics? When? What do the The United States Armed forces, police departments from Maine to California, law firms, forensic labs and more have in common? They all use Tracker Products software to manage the collection, storage and chain-of-custody history of every piece of evidence in their possession. The job is complex. With Tracker Products, the solution is simple. When was the item recovered? When was it entered? When did any transactions occur? Browser-based architecture Tracker Products software is designed to run on the internet browser of your choosing. There’s no need to download or install additional software. Chain-of-custody tracking The system records and stores a detailed history of every item in your possession. Know where it is, where it’s been, who’s had it, when and why. Completely customizable Where? Create custom fields to collect and organize the information that matters to you. Assign permissions to allow certain users the ability to perform specific tasks. Where is the item now? Where was it found? Where has it ever been? Mobile and wireless tracking Perform system audits, check-ins, check-outs, status updates, dispositions and more from anywhere with a handheld PDA scanner and signature capture device. Affordable pricing Know. now. When it comes to tracking evidence, the movement, storage and possession history of items is crucial. You need to know exactly where your evidence is located, where it’s been, who’s had it, when and for what reason. Tracker Products software automates the entire evidence management process, making it easier and faster than ever before to produce the answers. Page 28 demo There’s no better way to learn about the Tracker Products evidence tracking system and what it could do for you. Visit us online at trackerproducts.com to sign up today. You’ll be glad you did. Whether your agency is large or small, we have a pricing package designed to fit your budget, and we don’t require the purchase of desktop licenses. Why? Why was this item checked out? Why is it here? Why is it being disposed? Toll Free: (866) 438-6565 IAPE ad.indd 1 WAtch A free online On the web: www.trackerproducts.com Email: sales@trackerproducts.com Page 29 3/24/11 3:16:41 PM INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Who? Who has ever had possession of the item in question? EVIDENCE LOG Advanced evidence tracking software designed to give you complete control What? What is the item? What is significant about it? What are its characteristics? When? What do the The United States Armed forces, police departments from Maine to California, law firms, forensic labs and more have in common? They all use Tracker Products software to manage the collection, storage and chain-of-custody history of every piece of evidence in their possession. The job is complex. With Tracker Products, the solution is simple. When was the item recovered? When was it entered? When did any transactions occur? Browser-based architecture Tracker Products software is designed to run on the internet browser of your choosing. There’s no need to download or install additional software. Chain-of-custody tracking The system records and stores a detailed history of every item in your possession. Know where it is, where it’s been, who’s had it, when and why. Completely customizable Where? Create custom fields to collect and organize the information that matters to you. Assign permissions to allow certain users the ability to perform specific tasks. Where is the item now? Where was it found? Where has it ever been? Mobile and wireless tracking Perform system audits, check-ins, check-outs, status updates, dispositions and more from anywhere with a handheld PDA scanner and signature capture device. Affordable pricing Know. now. When it comes to tracking evidence, the movement, storage and possession history of items is crucial. You need to know exactly where your evidence is located, where it’s been, who’s had it, when and for what reason. Tracker Products software automates the entire evidence management process, making it easier and faster than ever before to produce the answers. Page 28 demo There’s no better way to learn about the Tracker Products evidence tracking system and what it could do for you. Visit us online at trackerproducts.com to sign up today. You’ll be glad you did. Whether your agency is large or small, we have a pricing package designed to fit your budget, and we don’t require the purchase of desktop licenses. Why? Why was this item checked out? Why is it here? Why is it being disposed? Toll Free: (866) 438-6565 IAPE ad.indd 1 WAtch A free online On the web: www.trackerproducts.com Email: sales@trackerproducts.com Page 29 3/24/11 3:16:41 PM INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Evidence Storage Keeping your crime scene secure throughout the chain of custody Spacesaver’s evidence lockers are specifically designed to provide an extremely secure chain of custody during the critical short-term evidence storage period, which is the period of time when evidence leaves the hands of the person who collected, until it’s properly logged and stored in the evidence and property room. Preferred by law enforcement agencies throughout North America, Spacesaver evidence lockers serve as a secure, unattended evidence drop-off system. Officers can securely deposit evidence day or night without having to deal with keys or combinations, or rely on an evidence technician. For the latest videos, case studies and brochures on evidence storage visit Scan the QR code for quick access to the video. www.storeyourevidence.com Free Mobile App http://gettag.mobi S t o r a g e Page 30 S o l v e d® www.spacesaver.com | 800.492.3434 Page 27 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. IN THE NEWS Ex-Phoenix Officer Gets Prison for Stealing Drugs The Arizona Central.com reports on September 12, 2014 that a former Phoenix police officer who pled guilty to stealing more than 2,000 narcotic pills that were in police custody was sentenced to nearly four years in prison by a Maricopa County Superior Court judge on Friday. William B. McCartney, 40, will serve three years and nine months in the Department of Corrections followed by three years of probation, according to the sentence Superior Court Judge Peter Reinstein handed down Friday morning. Reinstein will recommend to the Department of Corrections that McCartney be transferred to an out-of-state prison to serve his sentence. McCartney was arrested in 2011 after an internal audit showed that bags containing prescription painkillers, like oxycodone, that were handled by him were tampered with and replaced with over-the-counter medication. McCartney said that he stole the painkillers because he was addicted to them. He said his addiction stemmed from an operation on his hand that he injured while on duty. “I know what I did was wrong, horrible and unethical,” McCartney said. McCartney and his lawyer, David Cantor, asked the judge for the minimum sentence stipulated in his plea agreement of three years due to his achievements as a police officer and his contributions to society. But prosecutor Edward Leiter asked for a five-year sentence and said other police officers need to learn from McCartney’s experience. “The message needs to be sent, frankly, to all police officers that if you engage in this type of activity … you will be appropriately punished,” Leiter said. Five or six cases were directly impacted by McCartney’s theft, but no cases were dismissed, Leiter said. McCartney’s actions were a direct breach of public trust, Leiter said. The lead detective on the case, Theron Quass, said during the hearing that McCartney had legal ways to treat his pain and get counseling for his addiction but chose to steal the drugs instead. “He was clearly not honest, clearly addicted to drugs,” Cantor said. The Phoenix Police Department needs to be commended for its inspection practices in this story. The vast majority of law enforcement agencies don’t conduct any type of review or testing of drugs when they are being staged for destruction. Simply validating that the package is present is the norm. The Phoenix PD routinely audits the contents of the package to validate that the item has not been tampered with or substituted. EVIDENCE LOG Cont’d from Page 23 UNINTENDED CONSEQUENCES - cont’d. ANN ARBOR POLICE ARREST SUSPECT IN MARIJUANA DISPENSARY BREAK-INS NEW MEXICO CREDIT UNION TO CLOSE ACCOUNTS FOR MEDICAL POT DEALERS A 30-year-old man suspected in at least two marijuana dispensary break-ins and other larcenies in Ann Arbor has been arrested. Officers were called to the 2200 block of West Liberty Street after being notified of a break-in by an alarm, said Ann Arbor police Detective Lt. Robert Pfannes. The man was later arrested in the 2500 block of Adrienne Drive following a police investigation. A backpack containing evidence was recovered at the arrest scene. An earlier break-in of a marijuana dispensary was reported on August 19 at the Treecity Health Collective in Ann Arbor. A small amount of packaged medical marijuana was stolen, police said at the time. Source: http://www.mlive.com/news/ann-arbor/index. ssf/2014/09/ann_arbor_police_nab_man_ suspe.html Thousands of medical marijuana patients in New Mexico struggling with chronic shortages of the drug now face another hurdle after several of the state’s licensed nonprofit producers got the news from the State Employees Credit Union that their accounts would be closed due to federal banking regulations. No longer able to accept debit or credit cards, those dispensaries are telling patients they can only make purchases with cash. Source: http://www.sfreporter.com/santafe/article-9283cash-is-king.html#sthash.swZx9UG3.dpuf For another article on this topic, see Page 40 If we always do what we have always done, We will always get what we have always gotten. Why don’t we? More than likely time, staff , and the thought that tampering or substitution would not occur. - Ed. EVIDENCE LOG IS INTERESTED IN ANYTHING NEWSWORTHY YOU HAVE TO SHARE... Maybe you have come across interesting news we’re not aware of that pertains to Property and Evidence Management? Send submissions for consideration to E-Log Editor, Robert Giles: rgiles@iape.org Page 26 Page 31 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG International Association for Property and Evidence, Inc. BOLO REQUIREMENTS & PROCEDURES Certified Property & Evidence Specialist Requirements BE ON THE LOOKOUT UP-COMING Certified Property & Evidence Specialist Procedures - Here are the steps to apply: 1. Complete the CPES Application. 2. Ask your Chief, Sheriff, or CEO to sign theThere application verifying your experience theet Property function. are five criteria that must bin e m in order to become a Certified Property 3. Send the completed application along with your payment (personal check or U.S. Postal Service Money Order) payable and E vidence S pecialist ( CPES): to “IAPE” in the amount of $175.00. A credit card can be used for payment. Mail the form to the address on the application. Requirements: Applicant must have attended and completed the IAPE two-‐day “Property Evidence Management Course” or cjob ompleted the Web-‐ you will be Once your application and&testing fee have been received, and your experience verified, based, video ourse. sent an e-mail that will give you your login information and the timecframe for your Online Certification Test. You will need a computer that has access to the Internet for sixty (60) minutes. You2.will Applicant be immediately notified the outcome your test once youfor: complete it. Should you be must have sof erved in the Pofroperty function unsuccessful in your first attempt, you will be given one more opportunity to take another version of the test, included in your initial fee. After a. One year as a full time assignment, or successful completion of your test you will be mailed your official IAPE Certified Property and Evidence Specialist certificate within several weeks. b. A total of 2080 hours (one year equivalent) as a part time assignment NOTE: The applicant’s Police Chief, Sheriff, CEO or his/her designee must sign the application 3. Submit an application and testing fee 4. Achieve a satisfactory grade on the CPES online test There are 5 criteria that must be met in order to become a 5. Be a current dues paid member of IAPE and must remain a member Corporate Certified Property & Evidence Specialist (CCPES): during the period of the certification. 1. Applicant must have attended and completed the IAPE two-day “Property & Evidence Management Course”, Here are the steps to apply: or completed the web-based video course. 1. Complete t he C PES application form 2. Applicant must have served in Property function for: your Chief, hours Sheriff, CEO to sign the verifying your a. One year as a full time assignment,, OR2. b. Ask A total of 2,080 (oneor year equivalent) asaapplication part time assignment NOTE: The applicant’s CEO or his/her designee must sign thePapplication experience in the roperty function 3. Submit application and testing fee. 3. Send the completed application along with you payment (personal check 4. Achieve a satisfactory grade on the CCPES online test. or U.S Postal Service Money Order) payable to “IAPE” in the amount of 5. Be a current dues paid member of IAPE and must remain a member during the period of certification. $175.00. A credit card can be used for payment. Send the form to the address on the application. Here are the steps to apply: Once your application and testing fee have been received, and your job 1. Complete the CCPES Application. 2. Ask your CEO to sign the application verifying your experience thew Property function. experience verified, inyou ill be sent an email that will give you your login 3. Send the completed application along with your payment U.S.your Postal Service Money Order)Test. payable information and t(personal he time check frame orfor Online Certification You will need a to “IAPE” in the amount of $225.00. A credit card can be used for payment. Mail the form to the address on the application. computer that has access to the Internet for about sixty (60) minutes. You will be immediately notified of the outcome of your test once you complete it. Should Once your application and testing fee have been received, and your job experience verified, you will be be unsuccessful on your for first attempt, you will be given ne need more pportunity sent an e-mail that will give you your login you information and the time frame your Online Certification Test. Youowill a ocomputer that has to t ake a nother v ersion o f t he t est, i ncluded i n y our i nitial f ee. A fter s uccessful access to the Internet for sixty (60) minutes. You will be immediately notified of the outcome of your test once you complete it. Should you be unsuccessful in your first attempt, you will be given one more opportunity the test, included in your initial fee. completion of your test you to wtake ill be another mailed version your ooffficial IAPE Certified Property and After successful completion of your test you willEvidence be mailed Syour official IAPE Corporate Certified Property and Evidence Specialist certificate within pecialist certificate within several weeks. several weeks. Questions about payment and billing: 1-‐800-‐449-‐4273 Ext. 3 Questions about testing & certification: 1-‐800-‐449-‐4273 Ext. 4 or 631-‐628-‐2823 Page 32 CPES Online Test 1. Corporate Certified Property & Evidence Specialist Requirements - Procedures: Procedures - CPES Online Test: CCPES Online Test Questions: Apply today and join the ever growing number of professionals who have become • When making reservations, ask the hotel for the International Association for Property and Evidence, Inc. participant’s special discount rate. PROPERTY & EVIDENCE CLASSES • To be guaranteed a room at the discount rate, make reservations 30 days in advance. There are 5 criteria that must be met in order to become a Certified Property & Evidence Specialist (CPES): 1. Applicant must have attended and completed the IAPE two-day “Property & Evidence Management Course”, or completed the web-based video course. 2. Applicant must have served in Property function for: Procedures for equivalent) as a part time assignment a. One year as a full time assignment, OR Application b. A total of 2,080 hours (one year NOTE: The applicant’s Police chief, Sheriff, CEO or his/her designee must sign the application 3. Submit application and testing fee. 4. Achieve a satisfactory grade on the CPES online test. 5. Be a current dues paid member of IAPE and must remain a member during the period of certification. Hotel Reservation Information 2014 Sterling Heights, MI - October 27 & 28 Portland, OR - November 4 & 5 Debtford, NJ - November 17 & 18 Burbank, CA - December 2 & 3 Toronto, Ontario, Canada - December 9 & 10 2015 Las Vegas, NV - February 23 & 24 Provo, UT - March 3 & 4 Fort Collins, CO - March 11 & 12 Souix Falls, SD - March 24 & 25 Forsyth, GA - April 21 & 22 Rockville, MD - April 28 & 29 Miamisburg, OH - May 13 & 14 Columbia, MO - June 2 & 3 Carrollton, TX - July 14 & 15 Tacoma, WA August 4 & 5 Tucson, AZ - September 23 & 24 Minneapolis, MN - Sept. TBD • Training sessions from 8 a.m. - 5 p.m. daily. • Questions ??? Call (800) 449-IAPE (4273) Registration Information • Completed registration forms should be submitted 2 weeks prior to the training session along with credit card, check, money order or purchase order, made out to IAPE Training at the following address: International Assn. for Property & Evidence, Inc. Attn: Training Division P.O. Box 652 Hot Springs, S.D. 57747 • Refunds will be made with 14 days notice. Check web-site for most current up-dates, wait lists & filled classes. Others locations are being scheduled right now, including Anchorage, Alaska... Please go to: www.iape.org for Membership / Registration Form You can also sign up to take an on-line class. We offer the full management course, plus 4 other modules. (See Page 20 for all titles.) NEW S ADDRES TUITION RATES FOR 2014 $ 375 $ 350 $ 325 $ 300 $ 300 Non-Member Rate * Additional Attendee * IAPE Current Member Rate (1st time attending) IAPE Current Member Rate (Previously attended) IAPE Current Member, Addt’l. Attendee *(includess IAPE 1 year membership & Evidence Log) TOTAL ENCLOSED . . . . . . . . . . . . . . $ ________ $ 50 Annual Membership Only $ _________ (incls. subscription to Evidence Log) Credit Card Type: q q q Number: _______________________ Exp. Date: ________ Cardholder’s Signature: _______________________________ Page 25 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Property & Evidence Management Course International Association for Property and Evidence, Inc. for Law Enforcement Agencies - Year 2014 This 2 day course provides a unique training opportunity for Law Enforcement Personnel responsible for, or actively involved in, the operation, supervision or management of a Property and Evidence Unit. Special attention will be given to: • • • • • • • • • • DNA Storage / Handling (NIJ / NIST) Accreditation Standards Management Concepts Policies & Procedures Packaging Standards Chain of Custody (Documentation) Automation / Bar Coding Purging and Disposition Auctions / Diversion Destruction Processes • • • • • • • • • • Audits / Inventories Design and Layout Criteria Environmental Concerns Space Standards Storage / Shelving Firearm Storage / Handling Narcotics Storage / Handling Currency Protocols Bio-Hazards Case Studies / Liabilities • Training Format • Class Composition and Size The class is an intensive sixteen hour classroom style course designed to maximize learning sound property room concepts. Extensive PowerPoint and video collections illustrate properly designed facilities and systems. Limited size classes of both sworn and civilian personnel involved in the operation, supervisors, managers, and adminstrators of the property function. Classes fill up quickly - Sign Up Early! • Keeping Up and Staying Ahead • Tuition Fee Training has been designed to help recognize and avoid the pitfalls that can lead to court challenges, lawsuits, poor press relations, disciplinary action, termination and indictments. Course fee includes tuition, membership, student workbook, CD of forms and property manuals. Discount tuitions are available to returning members and when additional students from the same agency attend the same class. • Instructors • Transportation and Lodging Instructors are recognized experts in the field, with both professional and academic credentials. • Certification of Attendance Students will receive a Certificate of Attendance, in addition to the class materials ad valuable knowledge received in the class. Page 24 Training is usually held at hosting department’s training facility or at the listed hotel. Transportation, food, and lodging are the responsibility of each participant. • Exchange Ideas Network with property room professionals from agencies across the United States and Canada. CERTIFICATION APPLICATION Type of of CertiÞcation CertiÞcation requested requested Type CertiÞed Property Property and and Evidence Evidence Specialist Specialist (CPES) (CPES) (For (For Law Law Enforcement) Enforcement) CertiÞed Type of CertiÞcation requested Corporate CertiÞed CertiÞed Property Property and and Evidence Evidence Specialist Specialist (CCPES) (CCPES) (For (For Private Private Industry) Industry) Corporate CertiÞed Property and Evidence Specialist (CPES) (For Law Enforcement) Corporate CertiÞed Property and Evidence Specialist (CCPES) (For Private Industry) Employer Full Name Applicant’s Employer Employer Mailing Address Address Mailing Mailing Address Business Telephone Telephone Business ________________________________ Police Police Sheriff Sheriff Other ________________________________________________ (pleaseOther print) ________________________________ £ £ £ ________________________________ Police Sheriff Sheriff Other _________________________________ Police Other ________________________________________________ ________________________________________________ City/Town: ________________________State/Province:_____Zip:______ ________________________State/Province:_____Zip:______ City/Town: ________________________________________________ City/Town: ________________________State/Province:_____Zip:______ (_______) _______________________________ (_______) _______________________________ Business Telephone e-Mail Address Address e-Mail (_______) _______________________________ ______________________________________ (Required for for Online Online Test) Test) ______________________________________ (Required e-Mail Address Attendance at IAPE IAPE Attendance at Property & Evidence Property & Evidence Attendance IAPE Mgmt. Class Classat (or Online Mgmt. (or Online Property & Evidence Video) Video) Mgmt. Class (or Online Video) Current Dues Dues Paid Paid Current Member of IAPE Member of IAPE Current Dues Paid Member of IAPE CertiÞcation of CertiÞcation of Property Custodian Property Custodian CertiÞcation Experience of Experience Property Custodian Experience ______________________________________ (Required for Online Test) Attended Class: Class: Attended Month___________ Year ______ City __________________ Month___________ Year ______ City __________________ Attended Class: Month___________ ______ City __________________ OR Completed Completed Video VideoYear Class: Month _________Year_______ OR Class: Month _________Year_______ Application & & Testing Testing Application Fee Fee Application & Testing Fee CPES Fee: Fee: $175 $175 (U.S.) (U.S.) CPES CPES Fee: $175 (U.S.) CCPES Fee: $225 CCPES Fee: $225 (U.S.) (U.S.) CCPES Fee: $225 (U.S.) Mail Completed Completed Mail Application and Application and Mail Completed Payment to Payment to Application and Payment to How to to prepare prepare for the the How for online CertiÞcation online CertiÞcation How test to prepare for the test online CertiÞcation test Questions Questions Questions OR Yes Completed Class: Monthdues _________Year_______ NoVideo If not not a current current paid member member call call Yes No If a dues paid 1-800-449-4273 to reapply for membership) 1-800-449-4273 to reapply for membership) Yes No If not a current dues paid member call to reapply for membership) Application WILL WILL1-800-449-4273 NOT be be processed processed without a signature signature below below Application NOT without a As the the Chief/Sheriff/CEO, Chief/Sheriff/CEO, or or his/her his/her designee, designee, II certify certify that that the the applicant applicant has has served served As Application WILL NOT be processed without a signature below as a Property Custodian for this department for either one year full time or, as a part part as a Property Custodian for this department for either one year full time or, as a time assignment, has completed completed 2080 hours (the (the full time time equivalent of one one year full As the Chief/Sheriff/CEO, or his/her designee, I certify thatequivalent the applicant hasyear served time assignment, has 2080 hours full of full as a Property Custodian for this department for either one year full time or, as a part time) in that function time) in that function time assignment, has completed 2080 hours (the full time equivalent of one year full Signed: ___________________________________ Date: ____________ ____________ Signed: ___________________________________ Date: time) that function Title: in______________________________________________________ Title: ______________________________________________________ Signed: ___________________________________ Date: ____________ Telephone Number: (______) (______) __________________________________ __________________________________ Telephone Number: Title: ______________________________________________________ Telephone Number: (______) Enclosed is a check or money__________________________________ order made payable to IAPE Enclosed is Credit Card Card Credit Enclosed is a check or money order made payable to IAPE (MASTER, VISA, VISA, AMEX, AMEX, DISCOVER) DISCOVER) (MASTER, a check or money order made payable to IAPE Card Credit # _______________________________________Exp: _______________________________________Exp: Mo/Yr: ____/______ ____/______ Card (MASTER, VISA, AMEX, DISCOVER) Card # Mo/Yr: SCV/CCV:________ (3 (3 or or 4 4 digit digit security security code) code) SCV/CCV:________ I authorize authorize IAPE to to charge charge my my credit credit card card account account the the amount amountMo/Yr: of $_________ $_________ in # _______________________________________Exp: ____/______ ICard IAPE of in payment of of certiÞcation certiÞcation fee. SCV/CCV:________ (3 fee. or 4 digit security code) payment I authorize IAPE to charge my credit card account the amount of $_________ in Signed: __________________________________ __________________________________ Date:_____________ payment of certiÞcation fee. Signed: Date:_____________ eMail Address for payment receipt: (required) _______________________ eMail Address for payment receipt: (required) _______________________ Signed: __________________________________ Date:_____________ eMail Address Association for payment receipt: (required) International for Property and_______________________ Evidence, Inc. International Association for Property and Evidence, Inc. 903 N. N. San San Fernando Fernando Boulevard, Boulevard, Suite Suite #4 #4 903 International Association for Property and Evidence, Inc. Burbank, California 91504 Burbank, California 91504 903 N. San Fernando Boulevard, Suite #4 Burbank, California 91504 To prepare prepare for the the Þfty Þfty (50) question question online online exam, exam, study study the the IAPE IAPE To for (50) Professional Standards that can be found on the Association Website Professional Standards that can be found on the Association Website To prepare for the Þfty (50) question online exam, study the IAPE www.iape.org/certStandards.html www.iape.org/certStandards.html Professional Standards that can be found on the Association Website www.iape.org/certStandards.html For payment payment and and billing billing questions: questions: 1-800-449-4273 Ext Ext 3 3 For 1-800-449-4273 For questions about certiÞcation & testing: 1-800-449-4273 Ext 4 For questions about certiÞcation & testing: 1-800-449-4273 Ext 4 For payment and billing questions: 1-800-449-4273 Ext 3 For questions about certiÞcation & testing: 1-800-449-4273 Ext 4 CPES Application Application v.3 v.3 20130309 20130309 wpk wpk CPES Page 33 CPES Application v.3 20130309 wpk INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Cont’d from Page 17 WE GET MAIL... Mr. Latta, UNINTENDED CONSEQUENCES cont’d. of Events & Trends OFFICE SPACE I have read Section 5, Storage Facilities, which states “a well-designed property room will provide office space for the property officer located outside the actual evidence storage area. Having the office adjacent to the storage area provides a work station that is not within the confines of the secure storage area.” I have my own thoughts about health, safety, and security issues of having office space located in the same area as storage of evidence. I need to know your thoughts are to why it is not a good idea to have office space within the confines of the main storage area. My department moved my office inside the main storage area today and I am not sure that is a sound decision. I also read about ventilation and I am not convinced that our ventilation system would be up to code for a person spending that much time in there on a daily basis. Any help you can provide would be greatly appreciated. Thank you, Janice S. Janice, 75% of the property rooms across the country are not the safest environmentally (odors, mold, rodents, air quality) and depressing! Why would we want to sequester ourselves in that environment all day? Another reason is if the office if designed properly, it adds an additional security buffer between visiting employees and the actual storage of evidence. It’s one more door someone must penetrate to gain entry. Also if properly designed, other people are when visiting can’t see the evidence. Lessen opportunities for Looky-Lous. Some chiefs don’t want anyone to see the contents of the room! If the room isn’t properly ventilated, it could be a health hazard. Hope this helps Joe DISPOSITION OF FIREARMS Joe: We have several firearms in our evidence room that were taken into custody on suicide attempts. How would you recommend we go about purging them from our system? Any suggestion would be greatly appreciated. Thanks in advance. Investigator Mickey Kitchens Covington, Georgia Mickey: Here are my thoughts for you to consider, but this is not legal advice. As always, consult with your legal counsel before taking any action. If the owner of the firearm is the same person who attempted suicide, then I would suggest that the person may qualify as a prohibited owner under the Federal Gun Control Act of 1968. If the owner objects to the destruction, then I suggest letting the owner identify a third person to transfer ownership to through a licensed firearm dealer. I would not destroy the firearm without due process or a court order. – Ed. Page 34 EVIDENCE LOG Continued on Page 39 In all of the IAPE classes we talk about events and trends that may affect us in our jobs. Last year both Colorado and Washington legalized small amounts of marijuana. In some departments around the states it was noted that seizures of small amounts of marijuana had in fact declined to which the property room says hurray! However with any change the law there can always be what I call unintended consequences. - Joe Latta POT DRAWS HOMELESS TO COLORADO IN SEARCH OF WORK CITY MEDICAL MARIJUANA DISPENSARY BURGLARIZED; 2 IN CUSTODY DENVER (CBS4) - Legal marijuana is luring pot tourists and business entrepreneurs to Colorado, and it’s also attracting another demographic: the homeless, some of whom trek to the state in hopes of landing a job in the industry . “There’s an enormous migration, even a homeless movement, so to speak,” David Spencer, a homeless man from Tennessee, said. “I figured this would be a good place to start over.” While shelters across the metro area are willing to open their doors, they’re quickly running out of room. “We were averaging 190 (homeless) last year. We’re now averaging 345 a night,” Murray Flagg of the Salvation Army said. Tom Luehrs, the executive director of St. Francis Center, says the top reason many homeless are moving to Colorado is work, especially in the new legal industry. “People see that the marijuana business has been flourishing here,” he says, “so they match up good business … and jobs must be available, which they are. Two people were taken into custody following a burglary at a medical marijuana dispensary in Studio City late Tuesday, police said. SUSPECT ARRESTED IN FATAL MARIJUANA DISPENSARY ROBBERY One person is dead and another injured after a gunfight at a medical marijuana dispensary in the heart of North Park, according to San Diego Police. The incident started as an attempted robbery and then the men got into a shootout with a security guard inside. The guard shot and killed one of the suspects and received a gunshot wound himself - despite his bulletproof vest. Source: http://www.nbcsandiego.com/news/local/ArrestMade-in-North-Park-Shooting-in-April-johnathancollins-276982901.html#ixzz3Fkvsdrqj Source: http://ktla.com/2014/10/01/studio-city-medicalmarijuana-dispensary-burglarized-2-in-custody/ POLICE: 3 MEN ROB ILLEGAL SANTA ANA MARIJUANA DISPENSARY Three men robbed an illegally run marijuana dispensary on night of October 5 and left with an undisclosed amount of cash and pot, police said. Santa Ana Police Department officials responded to reports of a robbery shortly before 9 p.m. Officials said the store was about to close and two employees were ready to put cash in a safe when three men armed with handguns entered, according to police Cpl. Anthony Bertagna. The men, described as in their 20s or 30s, robbed the store of an undisclosed amount of cash and marijuana before fleeing in a four-door sedan. Investigators will determine whether surveillance footage is available from inside the store. Medical marijuana dispensaries are illegal to operate in Santa Ana, and many move locations often to avoid police detection, Bertagna said. Robbery detectives are focusing on catching the thieves, but the information about the illegal dispensary will be forwarded to investigators who handle such stores, and charges against the store owner may come later, Bertagna said. Source: aduranty@ocregister.com Cont’d on Page 31 Page 23 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Cont’d. from Previous Page EVENTS & TRENDS - Legalized Marijuana LAWSUITS - cont’d. Whether or not state laws require, as they do in Colorado, police to return medical marijuana intact if a suspect isn’t charged or is acquitted, departments have been sued over pot that has wilted in their evidence lockers. In Colorado Springs, a cancer patient who had faced drug charges is suing police after 55 dead plants, worth an estimated $300,000, were returned to him. The state appeals court had to order the police to return them. Medical dispensary owner Alvida Hillery sued police to return her 604 pot plants or pay $3.3 million after she was acquitted of drug-cultivation charges. She dropped the suit in exchange for a city dispensary license. By then, the plants had died. “We need uniform rules, and law enforcement would be wise to develop those rules, otherwise they will continue to be sued,” said Hillery’s attorney, Sean McAllister, who is representing another dispensary owner in a similar suit in federal court. In Hawaii, a group of medical marijuana patients who were never arrested sued in May after police seized 52 plants in a raid. They want $5,000 for each plant if they’ve died. In Oregon, a narcotics task force takes only the numbers of plants necessary to bring a patient back into compliance with the law, said Washington County Sheriff’s Sgt. Chris Schweigert. “Ten years ago, you had that many plants, you just went in there and ripped them all out. Now, you’ve got to ask a few questions,” said Sgt. David Oswalt, who supervises the Grand Junction police evidence room. Oswalt’s department tells officers who believe the questionable weed is legal for medical purposes to take clippings and leave the plants behind. If not, they can seize plants by the bundle. Leaving plants behind carries obvious risks, said Jim Gerhardt of the Colorado Drug Investigators Association. “It would be like arresting a cocaine dealer and taking a minuscule amount of the cocaine as a sample and then leaving it there for them to be used or sold,” he said. “It’s a complicated, messy issue.” Washington State does not require police to return plants to acquitted patients. The state’s medical marijuana law allows gardens of 45 plants or less, though it doesn’t expressly prohibit having multiple gardens on a single property. Seattle police destroy marijuana plants after seizing them, documenting the hauls with photographs or samples that can be presented at trial if necessary, said Officer Renee Witt, a department spokeswoman. This month, they seized more than 2,200 marijuana plants, but arrested no one, in a raid on a purported medical marijuana operation where neighbors complained about the smell. “My God, we would run out of space if we had to preserve it, water it, light it,” Witt said. Police in Lynnwood, Washington, no longer seize medical plants, said Angelea Madsen, who supervises the evidence unit. Officials last year returned 202 dead plants seized from a group of medical marijuana patients who were never charged with crimes. They demanded police return the weed and growing equipment or pay nearly $1 million, the estimated value. John Jackson, the police chief in Greenwood Village, Colorado, and a vice president of the state’s association of police chiefs, said state lawmakers must enact guidelines on marijuana seizures to protect law enforcement from civil and criminal liability. “There’s no property room in the world that’s going to turn into a hydroponic growing operation,” Jackson said. IAPE will be following this topic in-depth and across the nation as other states decriminalize marijuana in the future. It will be interesting to ascertain which Events and Trends will take hold and with what consequences, particularly as they pertain to the Property and Evidence function. Read more on this subject under Unitended Consequences on Page 23 Page 22 EVIDENCE LOG IN THE NEWS Atlantic Beach Police Chief Resigns Under Investigation On September 23, 2014, Derek Gilliam of the St. Augustine Record reports that Atlantic Beach Florida Police Chief Michael Classey resigned after being suspended because of an active criminal investigation, according to city officials. Interim City Manager Nelson van Liere said Florida Department of Law Enforcement officials notified him of an ongoing investigation involving Classey. A Department of Law Enforcement spokesman declined to release additional information, but Classey’s controversial tenure as police chief included an accusation of inappropriate contact with a female police officer, missing guns from the evidence room and an alcohol-fueled incident with Jacksonville police prompting Classey to seek treatment for alcoholism. Classey couldn’t be reached for comment. Van Liere said the investigation has nothing to do with job performance. Classey joined the department in 2006 from a police department in Kennesaw, Georgia. He began his time in Atlantic Beach as a captain after a national search involving about 100 candidates. Classey, 50, became chief October 1, 2008, to replace David Thompson who served as Atlantic Beach’s police chief for 24 years. Classey, who earned a master’s degree in public administration from Columbus State University in Georgia, preached community-oriented policing and described police work as customer service in a newspaper profile from when he took the position. “He served Atlantic Beach well,” van Liere said. “I hope he takes the time to straighten out his personal life.” Several issues arose in the department during Classey’s tenure as chief, including a situation where a female officer accused Classey of being “unlawfully sexually hostile.” Renee Jackson, an Atlantic Beach former officer, accused him of pinning her against a door inside police headquarters. City officials hired Jacksonville attorney Margaret Zabijaka to investigate the matter. She found no evidence Classey did anything wrong and cleared him of misconduct after a month-long investigation. Vincent Champion, president of the Coastal Florida Police Benevolent Association, said his organization has fought the chief since Jackson brought her complaint. He said Classey used strong-arm tactics, and association members felt bullied but didn’t file internal complaints because they feared losing their jobs. In 2010 a police audit of the department’s evidence room found guns that couldn’t be linked to any case or owner, guns that should be there but weren’t, and fingerprint cards without case numbers. There also was a “large number of bicycles missing” and some that couldn’t be linked to a criminal case. However, Classey also had successes. During his tenure, violent crime and prostitution dropped in the Mayport Road corridor. Atlantic Beach City Commissioner Jimmy Hill said he was surprised when he learned Classey was being investigated, but not about turnover inside the department. He said the department is supervisor-heavy with staff directory listing 11 police officers, eight supervisors including Classey and two detectives. Classey’s personnel file included a November 2008 police report where Jacksonville sheriff’s officers responded to a call from his son warning police his father might hurt himself. Classey himself told city officials alcoholism runs in his family, that he has long battled the disease, his wife had just left him and that his position as police chief had not contributed to his problems. Mayor Carolyn Woods said she didn’t know details about the current investigation, but the city is working through the process. She met with the city manager recently to discuss the investigation. Manager Van Liere would not discuss details about Classey, citing an active investigation. Permanent identification that stays until you cut it off. One-piece self-locking Tamper-evident Easy to use Assorted colors and lengths • Customization available Manufactured in the USA by INDUSTRIAL PRODUCTS DIVISION 800-338-2448 • mail@petermangone.com • www.petermangone.com Page 35 ASSOCIATION INTERNATIONAL ASSOCIATION FORPROPERTY PROPERTYAND ANDEVIDENCE, EVIDENCE,INC. INC. INTERNATIONAL PROPERTY AND EVIDENCE, INC. INTERNATIONAL FOR PROPERTY AND EVIDENCE, INC. INTERNATIONALASSOCIATION ASSOCIATIONFOR FOR PROPERTY EVIDENCE, INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, Inc. IAPE Scholarship Application International Association for Property and Evidence 903 North San Fernando Blvd, Suite 4 P.O. Box 652Burbank, • Hot Springs, South Dakota 57747 California 91504-4327 Tel 800-449-4273 Fax 818-846-4543 www.IAPE.org SCHOLARSHIP FORM Name of Agency: Address Agency: Street City Number of sworn employees State / Zip Number of property officers CHECK Number of sworn employees Sworn Total budget last FY Training Allocation last FY $ Name of Applicant: $ (First) (First) Please(First) print legibly. (Middle) Civilian Title / Rank (Last) (Last) Signature of Applicant: Membership application fee waived requested? Yes No Tuition waiver to which IAPE Property and Evidence Class is being requested? Location: City State Date: Has a prior tuition wavier request been made? Yes No CPES application fee waived? Yes No If so, when? Date Please give a brief explanation why a tuition scholarship to attend the Property and Evidence Management Class for this person is needed, or why the CPES or Membership fees should be waived. (copy this page and contine on reverse if necessary.) Signature of agency head or designee PRINTED Name Phone( ( Printed title & Title ______________________________________ Title: name & Telephone ( ) Telephone ) ) __________________ IAPE TO PROVIDE SCHOLARSHIPS TO NEEDY EVIDENCE PROFESSIONALS IAPE has a history of providing assistance to evidence If you know someone from an agency that can’t fund the training professionals in time of need. The IAPE Board of Directors and is in need of the training, have them complete this scholar- recently voted to provide a limited number of scholarships at ship application. All Applications will be subjectively reviewed each class for those evidence professional who can justify a need. by the IAPE Scholarship Committee to access the level of need . Page48 48 Page Page36 36 Page EVIDENCE LOG EVIDENCE LOG EVIDENCE LOG EVIDENCE LOG EVIDENCE LOG Continuedfrom frompage page1111 Continued Fire, flood, earthquake, tornado, and hurricane hazard mitigation • Fire-Life safety equipment cont’d. • Ventilation Legalized Marijuana Standard 5.3: Storage Schemes • try Lighting Temporary storage locations should be monitored refrigerator andwe have chained Editor’s Note: We to respond to as many letters as can, with by security cameras (onsystem both sides of pass-through padlocks to prevent unauthStandard: An orderly forinformation numbering and which Definition: may be relevantSafety/Environment to the broadest audience possible. refersor even to SEATTLE P.D. - cont’d. like the Ave. designs) to document when being evidence is submitted and orized storing property/evidence retained by the However, on occasion, we are unable toprovide come up with atampering suitable response, the necessity to a work place free of “The offender will have been shown to have when theroom item should is removed by the evidence removal. it possible that property be provided. as in the custodian. letter below, and open up the question to you, ourIsmembership, in uncontrolled physical hazards and a plan for storing This In recording can be individuals extremelyanimportant when the agency maythat other words, who to were onlyuse been warned Log about marijuana sales, and effort broaden of the Evidence as asomeone resourceinand open forum. Definition: A system ofreporting numbering oroutstanding labeling items are missing and and the officer claims it potentially make rape kit at or blood dangerous carrying marijuana did notWe have they still returned,items. despite our attempt gaining thank you for your continued participation inwant thistoprocess. the building(s), room(s) and shelves/bins that store was submitted, and the evidence custodian claims it sample evidence disappear? criminal records were let go. “In street dealing their cooperation,” explained Narcotics Lt. Mike Reasoning: The property unit should before. provide was not received. Dear Joe: property/evidence heldbeinthe the first custody the law It has happened cases, this would time.ofEver,” SPDnecessary Kebba.equipment “The admonishment letter is reasonable, and tools to ensure a safe It is important to note that the size of the alternative to the enforcement agency. spokesman Whitcomb told book Seattle PI.By The because not theirevidence freedom In reading theSean material from your CD, Book,environment on we pageare ix,in there isAsa an paragraph lead withto working allrestricting property and item does not diminish the need for tamper-proof user-modified cold storage But the SPD did issue the pot dealers go anywhere. SPD will just be requiring them to “Property Seized -Search Warrant”, and toward the end of the paragraph, it reads, “Some agencies have Reasoning: By developing a packaging standard The officeabove, and storage temporary storage. For example, a mattress held as storage and work areas. mentioned commerwritten a release to the owner as part of the Warrant that is signed by the Judge. This would help us out warning, discouraging them from continuing to comply with the law while in public places and around and bin configuration, oras areas should be equipped with evidencethe has shelving the same expectation of secure storage all currently required cially manufactured refriconsiderably. Do youcan know of anyone Iefficiency couldplaces contact for morefrom info?drug dealing.” sellthe potcigarette and tobutt. not consume itmay in public refrain vice-versa, an agency maximize thecontain does Both items DNA safety equipment, includinggerators fire alarms sprinklers and freezers are e v i d e nstorage, c e t h a tand c a n and extinguishers, smokeavailable and space of its property/evidence from locker vendors detectors, emergency Vikki Eilts cross-contaminated minimize the effort it takes tobestore and retrieve Police modular inserts for lighting, and close access tothat an are eyewash location. Department PASADENA POLICE REFUSE COURT The Los Angelestheir County Superior Court a n d c a nVermillion c r overall eate an pass-through lockers it. A suggested scenario for developing an South Dakota ORDER TO RETURN MEDICAL MARIJUANA recently set forth a motion ordering the Pasadena a rg u m e n t i n c o u r t Older existing structures should be upgraded to and contain individual lockable compartments. organization pattern would be: about the validity of current Police Department return over $8,000 that worth of (See unitregulations pictured at right.) any totime improvements • Review historical record ofsample. the31, types and The coHigh the Times reports onthe May 2014 thatrequire medical marijuana belonging to Charles Pollard, At the other end of the spectrum, a building are made. All existing STATE OFpermit CALIFORNIA quantities of property/evidence that are regularly mingling of evidence an COUNTY evidence room may discover despite a recent court order, Pasadena policestructures which was confiscated at his home during a recent OF BUTTE COURT should all- SUPERIOR be equipped with smoke fromover different cases thepolice booked the property need for temporary storage the police have into flat-out refusedrooms. to hand a significant search. However, department detectors and fire extinguishers regardless of OF SEARCH WARRANT one temporary storageareas location canstorage easily create •inamount Designate of the of RETURN flammables, which will ofparticular medical marijuana seizedfacility froman awhether has responded to the judge’s demands by filing not they are legally mandated. argument for cross-contamination in court and poses require or an entirely different for particular categories of property/evidence. I ,to being sworn, says thatorder. he conducted a search local resident, out of erroneous concerns that a motion challenge the ab integrity issue if more than one person enters the pursuant to the below described search larger warrant: evidence rooms with piece of“At equipment. Consider providing For instance, Property for Safekeeping should be they might suffer the wrath ofleft prosecution under some point the marijuana is going to cage. The partitioned storage at provides secure Temporary storage for a communication device to permit summoning nearest the public counter, and homicide evidence Vikki: Search Warrant Number: federal law. A motion against the department has have no value anymore, and if the police sit on storage for four large items if they are properly assistance, Hazardous Materials and Flamif needed, from deep within the storage in since the farthest away location due to the frequency been filed, which could result in officers it or destroy it, he’s out quite a bit of money,” some wording packagedHere to isprevent cross-contamination. IssuingThe Magistrate: mables should also be provided areas. The property officer’s efficiency isthe alsopolice that these locations are accessed. being held in contempt of court as well as serving Diamond said. “And that’s something department lockable from chaina link gates on the front prevent entry for. Arson evidence is occaenhanced because he/she would not need to walk to Date of Issue: Date of Service: •bysome Design packaging containers based on instandard Butte County, California. jail time.persons. shouldencountered be responsible for.” unauthorized sionally in the thelocation(s), office area to communicate. the size the most commonly the sample givesfound items. That the listed It isofHope equally important vehicle(s), person(s) middle of the night,and and night were searched: •locks If shelving is fixed, design containers around you some ideas. and keys remain shift personnel should have a Other protective supplies/equipment such as gloves, the shelving sizes. If shelving is adjustable, use designated location where to secure and locks cannot be goggles, paper masks, and disposable aprons/ PEOPLE ARE SUING THE POLICE by collecting a few samples and photographing Be run this by to containers that aretostandard sizes minimize costs. substituted orsure keys copied. That the following items were seized: safely submit properly packaged flammable samples. jumpsuits/hats should be provided and available for TO GET THEIR MARIJUANA BACK the rest to use as evidence forOSHA criminal charges. your legal counsel example, any large IfFor several standard size envelopes were designated, The storage cabinet below is approved use as an“None option by individual employees. us really surebe what we’re the appropriate toseeifitfliesinyour storage cages thatcontainers, are then drawers, and bins for flam mableofitems. Itemsare should removed state before you implement. AP reports on June 25, 2014 that police supposed to do, and so you err on the side secured with padlocks from temporary storage, catacould be designed to store selected envelopes in Ventilation of noxious fumes is extremely of should always have locks in some medical marijuana states who onceimportant caution,” said Mitch inin Barker, director logued, and then stored aSectionexecutive specific shelving locations. and is addressed 5.1 Facilities Items are described in the attached and incorporated inventory - Joe q them secured to the frames to routinely seized illegal pot plants by ripping of the Washington Association of Sheriffs and permanent location at the • Use of high-density (mobile) storage shelves is the - Construction. prevent locks from being earliest opportunity to prevent out by their roots and stashing them away in Police Chiefs. I further swear this is a true detailed account of all the property taken by me most effective method to significantly increase storage removed and duplicaterooms keys to die are nowpursuant to Adequate the search warrant, toisPenal Code lighting ispursuant veryflamimportant intosections helping possibility ofand another mustyAll evidence thinking “Law enforcement going have 1528 totothink space. rooms, bays, bins, shelves, racks, and thisthe and 1536, property will be retained in my custody until a final disposition made. Ideally, lockers should prevent avoidable injuries. The lighting should mable item needing temporary twice about the practice. more carefully aboutexcept whatcontraband their procedures has been rendered, whereupon all property, which will be are containers need to have a clearly readable address. have slam-lock hardware in and cabinet already bestorage sufficient for an procedures average person toaccording easilytotoread destroyed, will be returned tothe its rightful owner or disposed of any From Colorado and Washington State to and how those might need change •tead Being able to specifically of removable keys that identify and document other court order. Further, by this return, I am authorized, without necessity being in use. the labels and numbers on packages located on California and Hawaii, are being in light of changes in the law,” said SamifKamin, a of further to return seized item(s) to any known owner(s) such each storage location used police by in theuse. agency is sued a court order, are stored in the locks when not Remember, the lower shelves. This is often a problem when item(s) after have beenUniversity photographically documented. by people who want their marijuana back of Denver law professor. critical stepa reasonable in efficient storage and retrieval. in creating doubt, the defense only needs shelves are retrofitted to a room where they were chose not to charge them or they Most local police say they are seizing less toprosecutors argue that something is possible, not that it actually originally intended. Thisbut is athey special problem Signature ofnot Affiant were acquitted. weed post-legalization, still investigate occurred. Standard 5.4: For more examplesmobile of storage options, check the if with high-density shelving. Heavy In somestorage cases, the one-time are they suspect patients are growing more than Temporary for items that requiresuspects cold storage Sworn to and IAPE subscribed before me for day of , 20 they Storage Facilities - Safety/Environment web-site photo galleries, resources, are createdthisany time lights are such covered by .dollars should alsoforbehundreds provided for needed. of This simpletoshadows asking ofwhen thousands should. Federal agents face no quandary, advertisers and more. shelf. This may be under easily federal mitigated by Standard: The property unit should provide a a moving design at left used a consumer quality over refrigeratorreplace dead plants. Concerns liability since pot remains illegal law. running florescent tube lighting perpendicular to afreezer safe and environmentally friendly work with the shelves and drawers replaced by small have prompted some agencies to either Judge forgo of the Superior Court www.iape.org metal lockers inside. These lockers are bolted to the the moving shelves, instead of parallel. environment that addresses such concerns as: Continued pagealtogether 28 rounding up theon plants or to improvise Cont’d. on Next Page Cont’d. from Page 18 • IAPE Standards Section 5 WE GET MAIL... COMMENTARY: Temporary Storage - EVENTS & TRENDS - Page Page 1313 Page 25 21 Page INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG I’VE GOT SOMETHING YOU DON’T HAVE ! INSANE Sent in by Ernie Melendez, Crime Scene Technician, Las Cruces P.D. Evidence Packaging? To view more insanity, go to LPinsanity.com. For proper handling/packaging procedures, go to LynnPeavey.com. Toll-free 800-255-6499 Fax 913-495-6787 www.lynnpeavey.com IAPEIN9/14 NOW SHOWING! The Las Cruces Police Department in Las Cruces, New Mexico received a Drone into the Evidence Section on Friday, August 15, 2014. A good Samaritan turned the Drone over to authorities after she found in the backyard of her home. I just have to ask ….Did the drone just fall out of the sky, or .did the Good Samaritan notice the drone just hanging around her open windows?. Does the camera retain its images? Someone has a lot of “splainin’” to do. New Mexico does have laws pertaining to the invasion of privacy and intrusion of solitude. Inquiring minds want to know. - Ed. The IAPE proudly presents our Video Library catalog AUDITS AND INVENTORIES AUTOMATION AND BAR CODING CHAIN OF CUSTODY DOCUMENTATION SECURITY OF PROPERTY ROOM All training modules produced by The International Association for Property & Evidence, Inc. www.iape.org Page 20 Say It Ain’t So, Joe “I Put the Feces Into the Refrigerator” An IAPE member who attended the Property and Evidence Management class in Charlotte, North Carolina approached Board Member Bill Kiley and said, “I have an interesting one for you.” She is a Property Custodian in a one person Property Room. The Custodian explained that while she was away on vacation her Sergeant was taking the incoming evidence and placing it into the Property Room. When she returned to work she was greeted by her supervisor who said to her, “I put the feces in the refrigerator.” Stunned, she said, “why did you put feces into the refrigerator?” “We had to preserve the little unborn baby,” the Sergeant replied. The Property Custodian responded, “Did you mean that you put a fetus into the refrigerator?” “Oh yeah,” the supervisor responded, “I meant fetus and not feces!” As Joe Latta frequently says in classes, “You can’t make this stuff up.” Check out more News Stories at: www.iape.org Page 37 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG E EVvI iDdEENnCcEE Cc O oN n tT rRoOlL SSyYS StTE E mM SS “Keeping Out of of the theHeadlines” Headlines” “KeepingYour YourDepartment Department Out Evidence Control Systems, Inc.has been providing property and evidence management consulting services since 1984 in both the United States and Canada. The staff members of ECS have over 120 years of law enforcement experience combined. You can depend on our staff for expert services in the following areas: Property Room PROPERTY ROOM Audits AUDITS oror Assessments ASSESSMENTS • Policy Analyses • Design Services • Inventory Analyses • Staffing • Space Evaluation • Workload Issues www.evidencecontrolsystems.com 818.846.2963 www.evidencecontrolsystems.com 818-846-2963 JOSEPH T. T. LATTA, LATTA, CPES JOSEPH CPES President and Owner Evidence Control Systems, Inc. C.P.E.S. Recertification Requirements C.P.E.S. initial certification is valid for a period of 5 years. To maintain certification, C.P.E.S. designees must complete continuing training during the five year period. The I.A.P.E. Board of Directors has established the following criteria for recertification: • Continued dues paid membership in I.A.P.E. • Completion of continuing education through 1 of 2 options: 1. Attendance of another 2 day “Property & Evidence Management” course during the 5 year period (for a class schedule go to: http://iape.org/classes/classRegistration.php) 2. Completion of On-Line Video Training (equivalent to class attendance) Found at: http://iape.org/pdfFiles/20081129_CPES_Online_Class_Registration_Form.pdf • Submission of a Recertification Application along with payment ($100) and proof of completion of required training. NOTE: Recertification is for another 5 year period. (Recertification application can be found at: http://iape.org/pdfFiles/20081129_Recert_Application_FormFill_v5.pdf) Questions: Billing or payment for recertification or classes, call I.A.P.E. at: 1-800-449-4273 Technical questions regarding the online classes, call Kiley Associates at: 1-631-628-2823 Page 38 Page 19 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVENTS & TRENDS States’ Handling of Siezed Marijuana After Legalization Varies We are wondering what other police agencies in Washington and Colorado are doing regarding the return of (siezed) marijuana to individuals now that it is legal in these states. We are reluctant to violate federal standards. Our response: Laura, this is a great question. 1 drug, only that it is a violation until the law is changed. I have searched for media reports from other cities to “scan the environment” for possible solutions in other jurisdictions below. One factor in common among these states that have a medical or recreational marijuana law is that law enforcement must change as states laws change, or face the likelihood of paying civil penalties. The other side of the coin is that the Federal government wields its weight and tries to enforce its current laws or ignores them. My opinion, under the current political climate, is that the US DOJ will ignore its own laws; however, this is not a recommendation. Seek legal advice from your legal counsel on what action to take. We have compiled some new reports from “scanning the environment” in other states. SEATTLE POLICE RETURN MARIJUANA TAKEN FROM STREET DEALERS ABC news reports on April 5, 2013 that the Seattle Police Department described as its “first time ever” event, authorities returned small amounts of marijuana confiscated from street dealers as part of a police investigation. Since voters decided to legalize marijuana in November 2012, Washington state authorities have attempted to navigate the unfamiliar waters of drug legalization. For the most part, that has involved figuring out how to deal with individuals smoking or attempting to purchase pot. A poll released on Thursday found that for the first time a majority of Americans favor legalizing the consumption and sale of marijuana. But Colorado and Washington are the only two states Page 18 Cont’d from Page 34 WE GET MAIL... cont’d. DISPOSITION OF EVIDENCE IAPE recently received this following inquiry from one of our members, LauraThornquist: We have been following this issue since a three-justice panel from California’s 4th District Court of Appeal ordered the Garden Grove Police to return seized marijuana in 2007. Since that time, the status of “medical marijuana” has been in limbo because marijuana still remains a Schedule I drug under the Federal Controlled Substances Act (21 U.S.C. §813). “These substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence”. Now, IAPE is not going to comment on whether or not marijuana should be a Schedule EVIDENCE LOG that have so far passed legalization measures on a statewide level. But how does the law apply to selling small amounts of cannabis? As with alcohol, the current state marijuana legalization does not allow for consumption in public places or for non-licensed individuals to sell the drug. After a number of complaints from local residents, SPD investigated several dozen individuals suspected of dealing drugs in an area known as the “Ave.” “Turns out that marijuana dealers actually accounted for the majority of the problem. In the spirit of I-502, Seattle Police coordinated with the King County Prosecutor’s Office to forge ahead with an innovative approach to equitably deal with those responsible,” reads an explanation on the SPD’s blog. Cont’d. on Page 21 I was talking to a gentleman who mentioned that we need to have a property hearing to transfer ownership of all evidence to the department before we can dispose of the items. Is this the same as a court disposition? I do not remember this being addressed in the class. Thanks, Jackie Nelson Hi Jackie: Short answer to your question is, no; but, your question leads into other areas of common interest for our members. I’m glad to help, but just what type of property or evidence are we talking about? Evidence seized pursuant to search warrant: Here in California, items that are seized as evidence pursuant to a Search Warrant require a court order to dispose of. I’m not an expert in Texas law; however, in reading Art. 18.10 of the Texas Code of Criminal Procedure, it states that the officer who seized property pursuant to a search warrant shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property. This leads me to believe that a court order may be needed to dispose of items seized pursuant to a search warrant. The prosecutor on each case should give a definitive answer. The good news is that this court order is generally the responsibility of the investigating officer who applies for the warrant, and not usually the responsibility of the evidence custodian. All the evidence custodian needs is the signed authorization to dispose of the item(s). Is this the type of evidence hearing you are referring to? If not, let me review some other options. Evidence not seized by search warrant: When an item that is seized as evidence no longer has evidentiary value, the investigating officer should return it to the lawful owner, unless it is contraband or violates some statue or departmental policy. If the owner can’t be located, or does not respond to a notice to claim, then the item may be disposed of in other ways. A court order is generally not required for this. Caution - some types of property may create problems when they are returned or released: Computer memory devices may have photos of victims, children, or other persons – taken with, or without their knowledge, and should not be disposed of without being completely wiped with an overwrite program. Merely erasing the directory does not remove the data. An alternative is to remove the memory device and destroy it separately. This responsibility may remain with the investigating officer, or it may be delegated to the evidence custodian, depending upon each agency’s policy. Firearms are another problem. A trained investigator, other that the evidence custodian, should be responsible for conducting background checks to determine if a person is disqualified by law to possess a firearm. This may be due to mental health or prior criminal history. This trained investigator must provide written authorization for the evidence custodian to release a firearm to a specific person. Department policy should guide what to do with firearms that can’t be released to the lawful owner. Some agencies permit the sale to a qualifying person through a licensed dealer; other agencies require the firearm to be destroyed. IAPE takes no position on this controversial issue. If the property owner is unknown or has abandoned the item, the item may be diverted for public use if the agency has such a policy, and state and local laws permit this. Check with your legal counsel for rules regarding the diversion of unclaimed property for public use. Again, a court order is generally not required for this, but there should be transparency. Cont’d on Page 46 Page 39 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. TRUTH & CONSEQUENCES EVIDENCE LOG Cont’d from Previous Page WE GET MAIL... Colorado’s Marijuana Industry is Putting a Strain on Nebraska Law Enforcement Marijuana is a multi-billion dollar industry, but not everyone is benefiting from it. In fact, it’s putting a strain on law enforcement in Nebraska. NBC Nebraska’s Kelly Baumgarten traveled to the panhandle to check on how Nebraska towns and counties are doing months after Colorado legalized pot. Her report follows. Law enforcement in small towns on the Colorado border say they are struggling to keep up with the amount of marijuana flowing into their communities. Drug arrests are rising, it’s straining county budgets, and putting more pressure on Nebraska law enforcement. Deule County stopped housing prisoners in their basement jail cells years ago… Now it houses evidence. “We’re just getting so much marijuana from Colorado coming over here,” said Deule County Sheriff, Adam Hayward. Even finding room to store the pot is becoming an issue. And it’s not just the increased volume of marijuana that’s causing a problem, with the creation of dispensaries, has come the rise of edible marijuana products. “The THC and the potency of those edibles are concentrated and it poses a lot bigger risk to the user,” said Sheriff Hayward. “We get so many of these felony drug cases stemming from Colorado marijuana and the county’s responsible to house these people in jail they’re responsible to pay for their defense attorneys,” said Sheriff Hayward. And in nearby Sidney Nebraska, a small town with a population of less than 7,000, and just a quick 10 mile trip to the Colorado border. “In the first 5 months of 2014 we made the same number of marijuana related arrests as we did in all of 2013,” said Sidney Police Chief, B.J. Wilkinson. Chief BJ Wilkinson says 5 out of every 10 traffic stops yields a marijuana arrest. Page 40 And it’s not just affecting Sidney, but the entire county. In 2009 Cheyenne County made 15 marijuana drug arrests, in 2010 that number climbed to 45, and last year they made 60 arrests. “It has affected on the budget side just because on the jail side we’ve had an increase of people,” said Cheyenne County Sheriff, John Jensen. The Sidney Police Department ran through their overtime budget within 6 months. “Most of that overtime is being eaten up in court,” said Wilkinson. Before if Nebraskans wanted to get their hands on some legal marijuana they would have to drive more than 1400 miles to California. But now it’s just a quick trip to the Colorado border and their next door neighbors are open for business and in full supply. “My goal with this store really is to be an ambassador if you will for marijuana,” said Mike Kollartis, Owner of Sedgwick Alternative Relief. Mike Kollartis is the Owner of Sedgwick Alternative Relief, a marijuana dispensary located in the small town of Sedgwick, less than an hour drive from both Cheyenne and Deule County. “I would say that once a day somebody’s like so what do you think about me traveling with this and our point is hey if you’re going to Denver do whatever you want but if you’re leaving the state throw it away don’t leave with it,” said Kollartis. But that doesn’t stop everyone. “I know were getting some of that marijuana over here just from some of the containers and packaging from some products,” said Sheriff Hayward. Authorities are asking for state lawmakers to enforce stricter penalties. “You know if you can smoke marijuana and walk out of court with 120 dollars fine and nothing else that may not be as much of an impact if you walk out of court with a 1200 dollar fine,” said Wilkinson. Continued on Next Page cont’d. FOUND PROPERTY Dear Joe: I had a quick question about evidence disposal. I recently had a property tech, who received a couple of items of clothing from another division within our City (the items were sent inner-office mail and they were taken in to the evidence section by evidence personnel). The clothing was left by a customer and the department delivered it to us to keep in the event the person returned for it. It isn’t our policy to take in items such as this (as you know, we are a bit full as it is and don’t need to hold on to items of little value). The property tech threw the item in the garbage since it didn’t meet our criteria for holding onto found property. Another property tech found it in the garbage and brought it to me and asked me what they should do with it. It was my opinion that #1: for good customer service, since we received the item, we would accept it and hold it for the appropriate amount of time before we dispose of it per our found property rules and #2: since it was received by evidence personnel, we need to document the item in our records that we received it so we have accurate records of everything that has been given to us and is being stored in our inventory (and not just throw it in the garbage). This brings up the question of disposal of items that aren’t submitted to the property room in the traditional manner. I am of the opinion that all of these items need to be documented, packaged and held per our policy for that particular item (either found property, safe keeping, etc.), so our evidence personnel aren’t making arbitrary decisions on what should or shouldn’t be kept. In addition, I don’t think it’s appropriate that the evidence tech just threw it in the garbage, as that isn’t how we would handle anything else we receive through the normal channels. Does the IAPE have any rules on the handling of items that are submitted through non-traditional channels? Thank you, Christina Dear Christina: It appears that you have a very good handle on this issue. Taking shortcuts tends to create problems for us in ways we can’t appreciate at the moment that we take the abbreviated action. You mention that; “ It isn’t our policy to take in items such as this (as you know, we are a bit full as it is and don’t need to hold on to items of little value).” Is this policy in writing? There are laws pertaining to the disposition of found property in most states, is this policy consistent with the law in your state? For example, what if the clothing items belong to a politician, or a close friend (worse) and they try to get it back within the statutory time? What if the there was a complaint submitted to management and this was an integrity check? It’s a very far-fetched notion for an item of clothing, but in the property room there should be no shortcuts and we should have no exceptions; they only tend to get us in trouble. Joe Continued on Page 34 Page 17 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Cont’d from Previous Page WE GET MAIL... Editor’s Note: We try to respond to as many letters as we can, with information which may be relevant to the broadest audience possible. We thank you for your continued participation in this process. Blood Storage at Room Temperature Joe: Can you site any scientific test that would support us storing blood at room temperature? We currently store all blood evidence in a refrigerator, before and after testing. I would like to stop wasting our refrigerator space if possible; however, I will need to justify such actions. Please let me know if you have any insight on this topic. Thanks, Cameron Huggins, Arlington Police Cameron, it’s not the test you need to deal with. It’s the philosophy of your crime lab. I worked in the greater Los Angeles area for 30 years. In the last 29 years that I worked, we never refrigerated our blood samples. We have to note that there was a preservative in the vial and Crime Lab supplied the vials. Some were refrigerated and some kept at room temperature depending upon the test needing to be done, and the color of the test tube caps. Bottom line is the Crime Lab that administers the tests should call out the method of long-term storage. Regards, Joe Reference: www.crime-scene-investigator.net/BiologicalEvidencePreservationHandbook.pdf Continued on Next Page Fresher Tape Sticks Better. TRUTH & CONSEQUENCES - cont’d. Until then, the workload weighs heavy on bordering towns. “They may not feel it in some of the places in Nebraska where the populations are greater, but I can tell you that in the small cities and towns in the panhandle, it has a huge impact on us and we are deteriorating a quality of life here if we don’t do something,” said Wilkinson. 2014 Marijuana Legalization Votes Excerpted from TIME Magazine September 2014 article by Katy Steinmetz Election Day this year will be big on pot. The battle over legalizing recreational marijuana in California - the big enchilada that may tilt legalization not only in the U.S. but other countries - is already being set for 2016. But while many reformers’ eyes are focused on the next presidential election, this year’s votes on marijuana initiatives have the power to shape that fight. Here are the races to watch in November. Alaska: Legalization with tax and regulation A 1975 Alaska Supreme Court ruling found that the right to privacy in the state included the right to grow and possess a small amount of marijuana at home. Though opponents have still fought over whether possessing marijuana is legal- sometimes in court - reformers are hoping that a long history of quasi-legalization and a noted libertarian streak will lead Alaskans to vote yes on Ballot Measure 2: It would concretely legalize retail pot, giving the the state the power to tax and regulate like in Colorado and Washington state. Under UV, our labels will now visibly measure freshness. (With the other guys, you’ll never know.) Oregon: Legalization with tax and regulation 800-255-6499 Page 16 *Go to lynnpeavey.com/uvseal for a report on critical shelf-life issues. IAPEET9/14 Not everyone in Nebraska feels the same way about Colorado’s marijuana industry. For some Nebraskans having access to marijuana could mean the end of an uphill battle with a devastating illness. Coming up tonight at 10 we’ll meet one family who’s doing everything they can to move to Colorado. Oregon almost went along with Colorado and Washington on their experimental journey in 2012, when residents narrowly rejected a pot legalization measure 56% to 44%. This year, more activists - and more organized ones at that - have been on the scene, working with groups like the deep-pocketed Drug Policy Alliance. Still, the prospects for Measure 91 are far from a lock; a recent poll found that while 44% of likely voters support legalization, 40% oppose it. Washington, D.C.: “Soft legalization” Those words are describing a measure that falls short of creating a full-on regulated, taxable pot market. Initiative 71 would, however, allow people to possess up to 2 oz. of marijuana and cultivate up to six plants at home without fear of criminal or civil penalty - at least in theory. If the initiative does pass, there remains a hazy line between the reaches of the local and federal governments in the District, and Congress could choose to intervene, passing laws that supersede the actions of D.C. officials.The initiative will very likely pass: Locals support it by nearly a 2-to-1 margin. Florida: Medical marijuana At a time when states are legalizing pot for recreational purposes, it might not seem that significant whether Florida joins the growing list of about two-dozen states that allow medical marijuana. So far, polling on support for Amendment 2 has been all over the place. For the entire article, go to: http://time.com/3433257/marijuana-potlegalization-2014/ Page 41 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG How NOT to Conduct an Internal Investigation Missing Rifle Scope Sparks Raid of Police HQ by DA NBCphiladelphia.com reports on April 24, 2014 that a missing rifle scope sparked a raid of a local police department, according to law enforcement sources. Investigators with the Delaware County District Attorney’s Office searched through the Chester City Police Department headquarters on 160 East 7th Street in Chester early Tuesday afternoon. A spokesperson with the District Attorney’s Office told NBC10 the officials were searching for possible missing evidence from the building’s evidence room. The officers later left the scene. According to two law enforcement sources, the raid was related to an alleged incident that occurred last March. The sources said that an evidence officer with the Chester Police Department discovered that a scope, worth between $1000 and $1300 was missing from a rifle in the evidence room. The sources claim the officer reported the information to a Chester Police official and was told that the matter would be looked into. According to the sources, the officer then went to another official a week later after no action was taken. The sources claim that official told the officer he would also look into the matter. According to the sources, the official allegedly spread the word that whomever took the scope could place it in his unlocked car with no questions asked. The sources claim a top official in the department then walked in with the scope a half hour later. A police official then stated there would be no further investigation and no reviewing of surveillance video of the evidence room, according to the sources. The sources say someone within the department then contacted the Delaware County District Attorney’s Office which led to Tuesday’s raid. “At this point we’ve asked our police department to cooperate with them fully,” said Chester Mayor John Linder. Officials told NBC10 investigators took the rifle, scope and the sign-in log for the evidence Page 42 room during Tuesday’s search. They also have a warrant for surveillance video showing who entered the evidence room and when. POLICY Whenever an evidence custodian comes forward and reports an apparent crime within the evidence room to “a department official,” that official has a duty to initiate an investigation, or report it to someone who can, and also to preserve all evidence. The action reportedly taken, to have the person who took the item return it with no further inquiry, is the equivalent of offering immunity to the thief. This should only be done when there are no other alternative methods or leads for discovering who committed the crime. Not viewing surveillance tapes, conducting interviews, or conducting a forensic examination to obtain fingerprints or DNA, as reported, only makes the “investigation” appear incompetent. The lack of action seems to have caused “someone within the department” to become a whistle-blower and contact the Delaware County District Attorney’s Office for possible outside action. It is very possible that there are more facts that have not been reported, facts that might identify the thief, that is not being reported. This apparent lack of leadership and follow-up can be very destructive to an organization. Hopefully the person responsible for the theft will be identified and the “department official” further trained on how to conduct an internal investigations, or call someone who does know. – Ed. Page 15 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Spacesaver® Storage. For Good. Spacesaver ® the trusted name in evidence storage systems has designed secure storage solutions to meet the needs of any department’s evidence handling processes. Whether you require lockers for your temporary storage of evidence or need the long-term storage solution of our high-density mobile systems. Spacesaver evidence storage solutions can store the most unique objects we know you have, from now to forever. At Spacesaver, our public safety storage solutions cover the gamut of the industry that shares a common goal: to protect and serve. Learn more about our department solutions at www.storageforgood.com www.spacesaver.com | 800.492.3434 S t o r a g e Page 14 S o l v e d® Page 43 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Page 44 EVIDENCE LOG Page 13 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG YEAR 2015 I.A.P.E. MEMBERSHIP APPLICATION IN THE NEWS Weapons Being Destroyed in Lincoln County Due to Shortage of Space in Evidence Room KMOV.com in St. Louis reports on June 24, 2014 that A Lincoln County judge ordered over 150 rifles and pistols be destroyed. Most of the weapons were used in a crime, and some of them have been held for over 15 years. But the sheriff’s department is having a hard time finding room for all the evidence. A Chesterfield company that specializes in destroying weapons has pulverized some weapons into scrap metal. The sheriff’s office recently obtained a court order to destroy the guns in an attempt to help clean out the evidence room. In theory, some evidence must be held forever. Overcrowded evidence rooms are a problem facing several law enforcement agencies. The O’Fallon Police Department said it is a problem they struggle with and said it was one of the reasons they turned to voters earlier this year for a new justice center. Departments said the evidence rooms are costly when it comes to providing security and maintenance of the facility. Some residents wondered if the guns could have been auctioned off and have the profits go back to the department. Unfortunately, the move required it to be signed off by a county judge. Also, the department cannot profit from the sales of weapons. All serial numbers were scratched off and the demolition had to meet ATF standards. The sheriff’s office contacted every gun owner who had a legal right to reclaim their weapon. Lieutenant Binder with the sheriff’s office said some gun owners turned their right down and left it up to the department to destroy. I am applying for the following class of membership: ______ Active ______ Associate $50.00 OFFICE USE Amount _________ (U.S. dollars) (for Accounting Purposes our Federal ID # is 88-0296739) Date ___________ Applications submitted January 1st to October 31st, will be applied for current year. Applications submitted November through December will be applied toward following year. Check # _________ Please type or print clearly Member # _______ __________________________________________________________________________ (First) Name The destruction of firearms is problematic for many agencies that strive to reclaim valuable firearm storage space. Most agencies have a finite amount of storage space fitted with enhanced security to store firearms, but changes in the laws, especially in the domestic violence and prohibited status areas have increased the length of time needed for storage. Furthermore, the politics of whether to sell firearms or destroy has caused further delay in the ultimate disposition. Once the decision to destroy is made, finding the appropriate venue to melt, shred, cut, crush, recycle or torch can be difficult. IAPE recommends that a policy needs to be written outlining the procedures needed to regularly and routinely destroy firearms as they reach a threshold quantity or they impede the ability of the agency to properly store firearms from new cases. –Ed. EVIDENCE LOG SEEKS SUBMISSIONS We are always looking for suggestions re: articles to publish in future issues of the Evidence Log. If you have anything you would like us to consider, or have other comments, please submit to: www.iape.org Page 12 International Association for Property and Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 (MI) Evidence Log 2014-3 (Last) __________________________________________________________________ Title / Rank _______________________________________________________________ E-mail Name of Agency ___________________________________________________________ Business Phone ( Business Address FAX ( _________________________________________________________ __________________________________________________________________________ Residence Address _________________________________________________________ __________________________________________________________________________ Signature of Applicant ______________________________________________________ _________________________________ ) ____________________ ) _____________________________ Please send mail to: q q Business Residence Sponsor _________________________________________________________ Active IAPE Member q I don’t know an active member at this time. Please accept my application. Have you previously been a member of IAPE? q NO q YES If yes, when? __________ Requirements for Membership Active Members - (a) The following persons shall be eligible for active membership: (1) Property/evidence officers, technicians, specialists, clerks, or custodians directly assigned to the property/ evidence function, or supervisors having actual supervision of the property/evidence function, and receiving salaries from any legally constituted national, state, provincial, county, municipal, or other duly constituted law enforcement agency/jurisdiction including railroad police system, or public police or sheriffs department. Active members retain their active status upon retirement, provided there is no interruption in membership. Associate Members - (a) Any person not eligible for active membership, but qualified by training and experience in law enforcement activity, or by professional attainments in police science or administration, shall be eligible for associate membership in the association. (b) Associate members shall have all the privileges of active membership, except for holding office and voting. (c) The following classes of persons are eligible and qualify for associate membership: (1) Personnel employed by a public law enforcement agency. (2) Employees of city, county, state, provincial, and national agencies with technical responsibility for law enforcement related storage of property/ evidence. (3) Prosecuting attorneys and their deputies of city, county, state, provincial, territorial, and national governments. (4) Employees of accredited colleges and universities engaged in teaching, research and other phases of criminal justice. (5) Staff or employees of crime institutes, governmental research bureaus, coordinating councils, law enforcement associations, and similar agencies engaged in research involving the property/ evidence storage function. (6) Persons who have made a significant contribution to the field of law enforcement property and evidence. (7) Any retired member of a law enforcement agency. Page 45 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Cont’d from Page 39 WE GET MAIL... EVIDENCE LOG cont’d. DISPOSITION OF EVIDENCE - cont’d. If diversion for public use is not desired, the item may be sold at public auction and the proceeds distributed to the city or county’s general fund. Internet based, online public auctions generally meets this requirement in most states. Some governmental entities place the proceeds directly in the law enforcement agency’s budget; in my opinion, this is a conflict of interests. If the item has no value, or possession is illegal, the item should be destroyed before it is discarded. For example, drug paraphernalia with residue should not be auctioned, or placed in a refuse bin in usable condition. Some items, such as grow lights, might have legal uses, and may be sent to auction depending upon the culture of the agency. Use caution in destroying medical marijuana or if recreational use is legal in a given state. Marijuana is still a Schedule 1 federally controlled substance, yet states are issuing court orders to return it to owners. The environment is changing quickly; check with counsel for direction to avoid legal entanglements. Bob Giles, Evidence Log Editor Past-President IAPE Board of Directors DOCUMENTING CORRECTIONS I am in the process of reviewing our Policy and Procedures Manual and I am using the “BOOK” and also IAPE Guidelines. I have a question regarding the “right of refusal” and any corrections that are made. How should we document these corrections? Should we add to our chain of custody? Pick list a “correction” option? Also, seal issues. What about corrections made with regards to marking the seal or applying seal according to FDLE requirements. Should this be considered an initial correction as well? Thank you for any assistance with the matter. Hi Paula, Respectfully, Paula Ostermeyer, P&E Manager Manatee County Sheriff’s Office Our goal when packaging and submitting evidence is to preserve, protect from cross-contamination, and prove that there has not been any tampering that might impact the item’s admissibility. Packaging the item according to standardized instructions written in a packaging manual is the best method we have to achieve this goal. The FDLE Evidence Submission Manual states for the submitting person to, “seal containers with frangible evidence tape to prevent loss, contamination, or access by unauthorized persons”. Whenever items are not packaged consistent with those written instructions, the item should be sent back to the submitting person for correction (Right of Refusal). You question appears in two parts. The first might describe an inconsequential spelling or typographical error that is quicker for you to fix than to send back. The evidence custodian may want to perform this, unless your departmental policy requires you to send the item back. Any small, inconsequential correction should be noted in a miscellaneous note field, documenting who made a change, what the change was, and the date and time. You are very astute to notice that evidence, when it is returned for correction, may require the evidence tape seal to be broken. You should consider having your policy require any breach of the seal result in repackaging the entire item with a new envelope and new evidence tape instead of just adding another layer of evidence tape. This is especially important for drug and money envelopes. Whenever the original documentation or packaging is “substantially” altered, consider requiring a follow-up report to be completed describing alterations made to the original document and report. Examples of “substantial” alteration may include a miscount of money, a change of drug quantities, changes in serial numbers, etc. – Ed. Page 46 Stephen R. Campbell 2014 President, IAPE Partners in Property Recently the IAPE Board of Directors met at our annual conference, and worked hard over 2 days in a collaborative effort to see where we have progressed over the last year, and how we foresee IAPE in the coming years. Without all of us working together, and with our Executive Director, Joe Latta, we could not move IAPE forward in our work of advocating for and working with property and evidence units around the world. We knew going into our meetings that together we had to work and think differently if we were going to make IAPE even more beneficial to those we serve. I believe we were successful in our efforts. This same collaborative effort is a critical point we drive home in our classes, especially in regard to cooperation between local district attorneys/prosecutors and court systems. This brings me to a couple of questions we should all be asking ourselves and our supervisors, managers and executives. First: are we doing everything we can to facilitate the documentation, storing, safeguarding and managment of property and evidence entrusted to us in the public safety system in which we are a player? Secondly: are we, and those we work with, doing everything we can to manage our evidence correctly now, and in the future? All of us at IAPE hope the answer is yes, but just in case you are wavering on your answer, please keep reading. We are also seeking input from those who have made a difference in partnering with their prosecutor and court. More to come on this. For those of us who have been around property and evidence for more than a few years, we have seen the changes in what evidence can be found on and in. We have also seen how it can play a crucial role in not only convicting those responsible for crimes, but also exonerating those wrongly accused and even wrongfully convicted. We’ve seen the amount of evidence collected grow, and retention times increase exponentially. To say we have a key role in public safety is definitely not an understatement. What this also says is how important it is for us to be working toward contributing forward thinking pieces of the puzzle known as the criminal justice system. “Us” means not only the property room staff and those overseeing it at the law enforcement agency, but also those who prosecute and coordinate hearings and trials of individuals brought to justice. How can we develop a better relationship with our prosecutors and our court officials in managing our property and evidence? Can we influence how these partners think about evidence in cases, case and court dispositions, and the retention and disposition of property? Without a doubt, the answer is yes, and before you say, “You haven’t seen my District Attorney and Deputy DAs, and the Court Administrators”, let’s get back into the “partners in property” state of mind again! From our perspective, facilitating classes and talking to prosecutors and court personnel, everyone wants to do a good job. It’s natural to protect our turf and err on the side of caution when it comes to what we are responsible for. What we also see is the “silo effect”… we do what we think is right, but at times we don’t think through that what we do may affect our partners in the criminal justice system. For example, maybe we want to store firearms with just a tag on them, not thinking that there could be valuable DNA on them which could affect a case. Or maybe we can’t share our property room software with the DA or Court because “they might screw it up”. There are processes and systems that will work, we just have to be able to get them and use them together. Yes, this may mean additional resources and some sharing of information. Unless you explore this, it won’t come about. Here’s another example. Maybe the DA says he or she doesn’t have time to give you case dispositions because they are too busy with trial preps and hearings. How about the court clerk or administrator saying the same about being too busy to give you court case dispositions and releases/retention time frames for “your” evidence? Folks, we are in this together, and before you say, “get real Steve”, lets think this through a bit, and come up with some down-to-earth solutions to allow us to work more effectively. Joe and all of us on the Board have seen simple one-hour meetings between property room managers/chief/sheriff and the DA make a difference that no one expected. What can be “I had no idea you had this much stuff and that our “we’re too busy to do dispos could mean you holding this c**p for years. I’ll get my folks to shoot you case dispos every month if we can come up with an electronic viewing of cases. I’ll work with you”. Just having a simple lunch meeting with your chief, sheriff, city/county administrator, IT manager, coupled with a tour of your property room(s), could be the breakthrough that will allow all parties to work closer and more effectively together. Here’s what I’m asking for. Share your success stories with me on how your property room system is more efficient as a result of better partnering with your prosecutor, court, and others so we can share them in future Evidence Logs. Email me at scampbell@iape.org, and I’ll get as many as I can out for others to see and use as needed. Together we can do better in managing the property and evidence we have through training, collaboration and a willingness to recognize others when their work makes a difference for all concerned. I’m looking forward to seeing what solutions you have come up with, and I’m sure others will benefit from your comments. Steve Campbell, IAPE President Page 11 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG IAPE Property and Evidence Room Accredi International Association for Property and Evidence, Inc. © Application Why Join The IAPE? IAPE PROPERTY AND EVIDENCE ROOM ACCREDITATION PROGRAM © IAPE Property and Evidence Room Accreditatio 27512 S.E. 28th Court Sammamish, WA IAPE Property and Evidence Accreditation Program © For questions,Room please call (425) 985-7338 or email sc Being a member of the International Association of Property and Evidence, Inc. means that you are dedicated to the proper management of property and evidence units. With nearly 4,500 members, IAPE is the largest property and evidence industry organization in the world. APPLICATION BENEFITS OF MEMBERSHIP: • Subscription to the quarterly publication, The Evidence Log, one of the most comprehensive and up-to-date resources for property and evidence professionals. • Membership tells current and future employers that you are on top of your industry. • Only members, who have taken the Property Management Training Class qualify to sit for the Certified Property and Evidence Specialist exam and add the CPES designation to their professional titles. • Exclusive members-only resources. • Still only $50 per year! Encourage your colleagues to join: See page 45 for current Membership Application, or use this web link: http://www.iapevideo.com/cart_membership IAPE recently started the IAPE Property and Evidence Room Accreditation Program, and in February of 2014, the Minneapolis, Minnesota Police Dept. became the first to be awarded accreditation through this program. Currently, several other agencies throughout the country are beginning the process as well. Why is accreditation important? A look at many recent headlines about property and evidence either lost or stolen due to poor practices, lack of accountability, or procedures that help ensure proper control reveals part of the answer. No agency wants to be recognized for failing to secure and manage their evidence, and Property and Evidence Room Accreditation© helps agencies maintain professional, recognized standards, as well as improve operations, practices, policies and procedures. All of this helps to reduce the potential for lost or stolen property and evidence. evaluation and improvement of your agency’s procedures, policies, and operation in property & evidence management. 5. Accreditation strengthens collaboration of public safety with court systems & communities we are accountable to. 6. Insurance carriers for government agencies may be encouraged to reduce premiums for agencies that achieve and maintain accreditation. 7. Accreditation reduces the risk of scandals in property room management by keeping work excellence in the forefront, and encouraging the best practices available. 8. Your community and government recognizes that you want the best operation possible; it’s not just a job, it’s a profession that you are proud to be a part of. 9. IAPE Accreditation uses the National Institute of Standards and Technology Biological Evidence Preservation Handbook Guidelines for DNA handling and storage in it’s review and evaluation. IAPE was the only training organization for Property and Evidence involved in developing the NIST Guidelines. WHAT DOES ACCREDITATION 10. Not all agencies will be able to meet the standards, but those SPECIFICALLY DO FOR MY AGENCY? who work hard and continue to develop will be recognized 1. Accreditation provides assurance that your agency is engaged publicly and internally for their efforts. in continuous review and improvement of its operation. 2. Your organization is recognized as meeting verifiable For more information on the IAPE Property and Evidence Room Accreditation© Program, please contact standards in the field of property and evidence management. 3. Your organization is recognized as accountable for protecting Steve Campbell, IAPE Property and Evidence Room Accreditation Program Manager at scampbell@iape.org and preserving evidence so critical in public safety cases. 4. Accreditation provides a formal on-going process for or (425) 985-7338. Name of Agency: S.E. 28th Court · Sammamish, WA 98075 ! For questions,27512 please call: (425) 985-7338 or e-mail scampbell@iape.org Street Address: City / State: City/town: Zip Code: Zip code: Agency Contact: First name: Phone Number: Area code: State Last name: Number: Email Address: q Does your Department have at least 1 current IAPE member? (Required) If Yes, please check box at right: If not a member of IAPE, please call IAPE dire q Has at least one of your employees attended an If Yes, check box IAPE class in person or onat right: line in the last 3 years? (Required) If yes, please state the last attendee's name and the dates he/she attended: Non-refundable application fee of $500.00 is due at time of application To attend an IAPE class in person or on-line (800) 449-4273 to First Name: Last Name: Class Dates: Payment by credit card or check made out to SCS Northwest Consulting Services, LLC Please mail check to: 27512 S.E. 28th Court Sammamish, WA 98075 Include email address in the box at right to request an IAPE Invoice “ At right, please indicateVisa, Mastercard, Discovercard or American Express Expiration Page 47 Page 10 Name on card Please w check # box at ri 3 Digit Se Code on INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Copyright 2014 - International Association for Property and Evidence, Inc. – Developed by Bill Kiley & Kevin Fallon, Board Members, IAPE C O N G R AT U L AT I O N S ! to all of our recently designated Certified Property & Evidence Specialists Checklist for the New Property Officer/Custodian/Supervisor (since last issue) Anastasiou, Thomas Calcanes, Leah Clay, Sarahlyn Elkins, C.J. Godwin, Thomas Hattie, Jean Hill, Dennis Massey, Robin Moore, Jerome Norgren, Julie Ann Orton, Caroline Ramirez, Stephen Rierson, Steve Smith, Kenneth Williams, Robyn Pembroke Pines Police Department Boca Raton Police Department North Carolina State Crime Laboratory North Carolina State Crime Laboratory Greensboro Police Department Statesboro Police Department Kearney Police Department Pembroke Pines Police Department Harris County Constable’s Office Edina Police Department Almosa County Sheriff’s Office New York City Police Department Greensboro Police Department U.S. Secret Service Kendall County Sheriff Florida Florida North Carolina North Carolina North Carolina Georgia Maine Florida Texas Minnesota Colorado New York North Carolina Washington, DC Illinois Letting You in On A Secret... Now that it’s over and done with, we can proudly share that IAPE Executive Director Joe Latta and Board Member Bill Kiley presented an IAPE training class this June to the United States Secret Service in Washington, D.C. Evidence Technicians, supervisors, and laboratory staff participated in the class. We extend many thanks to the laboratory director, Deborah Leben. As of October 8, 2014, IAPE has conducted our 2-day Property and Evidence Training in ALL of the 50 states as well as the District of Columbia! In early October, with our training class held in Maine, we fulfilled our goal of having taught in each of the 50 states! The IAPE would like to thank Deputy Chief Tim Strout for the great hospitality and the fantastic lobster too. We even got to meet some real Mainards... Let’s see where 2015 takes us next! Page 48 The “Dynamic Dozen” This checklist is provided to assist the newly assigned Property Officer/Evidence Custodian in conducting a quick review of some of the most important areas of your operation. It is not an all-inclusive list, but is a starting point to help you ask the right questions. Initial Question Topic when # finished 1. Physical Security - (Keys, locks, alarms) – Who has access to the Property Room? Does the previous Property Officer/Custodian/Supervisor still have a key/access? 2. Joint Inventory - Conduct a joint inventory with the prior Property Officer/Custodian. If he/she isn’t available, request an independent party who will represent them in a joint inventory. If you can’t do the entire inventory, then at a minimum inventory the big three (Guns, Money, Drugs) (Note: For information on how to conduct an inventory view the IAPE online video class on Audits & Inventories at: http://www.iapevideo.com/cart_14/list.php) 3. Audit – Ask for an audit of the Property Room operations. Someone who is appointed by the Chief/Sheriff can do audits or it may be from the municipality or an auditing company. (Note: For information on how to conduct an audit view the IAPE online video class on Audits & Inventories at: http://www.iapevideo.com/cart_14/list.php) 4. Policy and Procedures – Review your agency’s policies and procedures regarding Property and Evidence. (Note: If you don’t have a policy or procedure, for examples of department policies, Packaging Manuals and Property Room Manuals see the CD from the I.A.P.E. class or go to www.iape.org) 5. Property Room Manual – Read the Property Room Manual, this is the “how to” guide for the dayto-day operations within the Property Room. (Note: If you don’t have a manual, for examples of Property Room Manuals see the CD from the I.A.P.E. class or go to www.iape.org) 6. Packaging Manual - Review your agency’s Packaging Manual, this is the guide for all members of your department as to how property and evidence is to be packaged and documented. (Note: For examples of Packaging Manuals see the CD from the I.A.P.E. class or go to www.iape.org) 7. Training – Find out about training for the new Property Officer/Custodian. In addition to the I.A.P.E. “Property and Evidence Management” class (which is now also available online, on-demand), seek training in your evidence tracking and management software system, safe handling of firearms, handling biohazards, etc. 8. Employee Background Checks – Ensure that applicants for positions in the Property Room have had a thorough background check/investigation. Also, current department employees transferring into Property should have a fresh background check. Consider periodic updates for employees who have been assigned to Property for a period of time, e.g. every five years. 9. Right of Refusal – Does your agency have a written policy that gives the Property Officer/Evidence Custodian the right to refuse to accept items that have not been packaged and/or documented in accordance with the Packaging Manual? You need such a policy in place. (Note: For examples of department policies see the CD from the I.A.P.E. class or go to www.iape.org) 10. Unable to Locate File – Check to see if there is an Unable To Locate file in the Property Room. 11. Property and Evidence Tracking and Management System – What type of system is used by your agency? Who deals with the software provider, i.e. you or the I.T. folks in your agency? What training is available from the software provider? Ask for training from the provider. 12. Protect Yourself – You need to have a documented record of the inventory of the Property Room at the time that you took over responsibility for it. Once that inventory is completed a copy of the results should be provided to your chain of command. If something turns up missing in the future, that document can be your best proof that it didn’t disappear during your tenure. (Note: Preferably a “joint inventory” [see #2 above] is conducted. If that is not possible, you still need to conduct an inventory and document the results) Page 9 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. THE “DYNAMIC DOZEN” CHECKLIST Say It Ain’t So, Joe by: William P. Kiley, M.S. Erie County Sent Box of Homicide Evidence to Auction Past-President & Current Director, IAPE During the past twenty years I have been a coinstructor, along with Joe Latta, at many of the IAPE “Property & Evidence Management” twoday classes. Fellow IAPE Board Member Kevin Fallon (Deputy Chief, Suffolk County [NY] Police Department) has also served as a co-instructor. Each of us has experienced the same phenomena in these classes and it usually occurs by the lunch break on day one of the class. The instructors look out at the students and there he or she is…”the deer in the headlights” student; sometimes more than one. Let’s call this student “DITH” (Deer-inthe-headlights). DITH is usually an Officer, Detective, Custodian who has recently been assigned to the responsibility for the department’s Property and Evidence Room. DITH has never worked in a Property Room before and knows nothing about how it is supposed to function, what is in the room, how it has been tracked, who has keys or access to the room, and the IAPE class is his/her first introduction to the world of Property and Evidence. By the end of the first morning DITH wants out of this new assignment as by now he/ she has begun to realize the type of challenge that lies ahead. There is a sinking feeling in DITH’s stomach as the thought crosses his/her mind, “If stuff is missing are they going to blame me?” “Will I be at the center of the investigation and in the headlines in one of Joe Latta’s classes?” So, by 12:05 p.m. on day one of the class, DITH has approached one of the instructors and very sheepishly says, “Help! They just put me in the Property Room and it’s a mess. There are guns and drugs without paperwork. There is money in envelopes in different places and I don’t know how much is supposed to be there. I don’t think that they’ve ever done an inventory. Paperwork is all over the place. I can’t get anything more into the room. And, everybody in the place has a key to the Room. Where do I start?” It was because of all of the DITHs that Kevin Fallon and I have met over the years that we have put together what we call the “Dynamic Dozen” checklist for DITH and her/his supervisor. These twelve items are not everything that a Property Officer/Custodian needs to accomplish, but we suggest that these dozen items should be priority items that need to be addressed. We recommend that you cut out the “Dynamic Dozen” checklist from the adjacent page and use it now or keep it as a reference document. The checklist includes some references and links where you can find samples policies, procedures, training videos and other useful information. If you are a supervisor who is responsible for the Property Room, keep a copy of this for your next Property Officer/Custodian. We would really like to get some feedback from our members about this checklist, so please consider sending your comments to me at: bkiley@iape.org On behalf of Kevin Fallon and myself, we hope that this new tool helps to reduce some of the anxiety and stress that DITHs face throughout the law enforcement community. I A P E WA N T S TO K N OW W H AT ’ S O N YO U R M I N D ? As a member, your feedback, concerns and in-put are invaluable because you are on the front lines, every day, making decisions and solving problems. IAPE is interested in hearing how we can continue to assist in making the day-to-day management of property and evidence as efficient, accurate and stress-free as possible. Send your comments / suggestions to E-Log Editor, Robert Giles: rgiles@iape.org Page 8 EVIDENCE LOG The DemocratandChronicle.com reports on June 18, 2014 that a property room manager in the Erie County Sheriff’s Office grabbed a box of evidence off a shelf and, following what he said was protocol, sent it to an auctioneer. Inside that box was the broken blade of a knife that may have been the murder weapon in a case now awaiting trial in Rochester’s federal court. “I can’t tell you exactly how I did it, but I know I made a mistake and pulled it off the shelf and got rid of it,” retired Sheriff’s Office property clerk Douglas Burke said at an April court hearing, records show. The box of lost evidence, which apparently was destroyed after going to the auctioneer, has now become an issue in the case against five people accused of taking a Rochester man, Francisco Santos, to the Cattaraugus Indian Reservation in Erie County in 1998, killing him, and dumping his body in a makeshift grave there. In 2012, federal prosecutors learned of the loss of physical evidence in the Santos slaying. “Some time in 2002 the Erie County Sheriff’s Office inadvertently discarded items collected during the investigation,” Assistant U.S. Attorney Andy Rodriguez, the lead prosecutor in the case, said this week. Rodriguez notified the defense lawyers, and the missing evidence became a topic of the April hearing before U.S. Magistrate Judge Jonathan Feldman. The transcripts of the hearing recently became public. Defense lawyers are expected to file a motion by the end of this month, outlining what they think the judge’s response should be to the destroyed evidence. The prosecution is expected to respond by mid-August. “Our past practice in the Sheriff’s Department was to give it to the auctioneer, who would come in a truck and take anything and, if it was of value, they would auction it off,” retired property clerk Burke said at the hearing. Why, Feldman asked, would a box of evidence containing soil samples, a broken shovel, broken sunglasses, a bus token, a hair sample and an empty liquor bottle - all evidence gathered during the homicide investigation - be sent to auction? Burke said he likely simply took the wrong box off of a shelf, misreading a number and missing a note that it was a homicide case. Homicide evidence was not sent to auction, he said. Legally, the two issues that will guide Feldman’s decision are whether the items were disposed of “in bad faith” and whether there was likely evidence contained in the now-missing box that may have pointed to the innocence of some or all of the accused. Rodriguez argued at the April hearing that the evidence was lost by mistake, not by misconduct. But Feldman questioned whether the apparently lax procedures were egregious, specifically, he said, “if the difference between destroying evidence in a murder case or any case really is because you can’t lift up the piece of paper (on the evidence box) high enough” to identify it. Rodriguez pointed out that the Sheriff’s Office property room was not computerized then. “We’re not talking about 2014 when these things happened,” he said. Erie County sheriff’s officials say the property room processes are much more reliable now than in 2002. “Our evidence was old style (in 2002),” said Sheriff’s Office Capt. Gregory Savage. “We had a ledger. We had slips for everything that was brought in. “Since then we’ve adopted a bar-coded system. It’s electronically entered into the computer we do audits to make sure there’s no problems like this. We have a much more stringent system.” In a case of badly mistaken identity, a box full of homicide evidence was mistakenly destroyed in error. Can this happen in your agency? IAPE recommends that all homicide evidence and officer involved shooting cases be color-coded to avoid inadvertent destruction. The Erie County Sheriff’s Office has changed its procedures so that it’s now unlikely to happen again, but we can all learn from the misfortune of others. –Ed. Page 49 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. 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Contact: Sales@PropertyRoom.com and get your department on board today Page 50 The PERCS Index Inc. 960 Thermal Drive Coquitlam, BC V3J 6S1 Canada Phone: Fax: Toll Free: Email: 604.461-4669 604.469.7342 1.866.461.4669 info@percs.com Page 7 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG ® Protection le vailabtable A w o N s a Por a MICROCON CD™ & the New PD The CD (ceiling mounted) and the new PD (portable) are high efficiency air filtration systems specifically designed for the removal of airborne pathogens and gas phase pollutants. The potential for exposure to biological health hazards including bacteria, viruses, mold, mildew, dust and various gaseous odors related to the storage and handling of property and evidence during criminal investigations, has been established. Either system will help you create a safer and healthier indoor environment. Dimension (H) 51" (W) 24" (D) 18.5" www.biologicalcontrols.com Made in USA MICROCON EL™ Negative Pressure Evidence Locker The new Microcon EL™ provides containment of contamincants through negative pressurization to curtail off-gassing fumes, particulates, odors and other airborne pollutants and VOC’s associated with evidence storage. Utilizing activated carbon and HEPA filtered air to prevent the escape and migration of airborne contaminants into the working environement. Dimension (H) 80” (W) 36” (D) 28” 749 Hope Road, Suite A, Eatontown, NJ 07724 Toll Free: 800.224.9768 Tel: 732.389.8922 Fax: 732.389.8821 Copyright © 2014 Biological Controls Page 6 Microcon is a registered trademark of Biological Controls Page 51 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Page 52 EVIDENCE LOG Page 5 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Cont’d from Page 3 THE GILES FILES - cont’d. Then the earth shook… in 1991, one man and one camera brought the LAPD to its virtual knees by recording the Rodney King arrest that forever changed police tactics and would eventually spark riots across the country. The power of video was now in the hands of anyone who was in the right place at the right time to record a police event. Imagine if everyone had cell phone cameras then… In the last issue of the Evidence Log, I presented my thoughts on digital evidence and how many law enforcement agencies are on the edge of implementing new technology without having an adequate foundation of policies and procedures to manage the data. We have now experienced another earthshaking event that is driving agencies throughout the country to adopt policies that require their field personnel to wear body cameras. Consider the following headline and the impact it has: Ferguson police are now wearing cameras to record officer-citizen encounters, and other departments across the country are considering doing the same. - Christian Science Monitor We now have the event, and the trend that follows will determine how the digital content is safeguarded and managed. We have the tools available to record, download, copy, save, back-up, and distribute the content to authorized persons. The question that must be asked is, can we adequately protect people’s privacy, or will all recorded data become available to the public? Robert Giles, Inquiring minds want to know… Evidence Log Editor IAPE ANNOUNCEMENTS EFFECTIVE IMMEDIATELY The IAPE has a new mailing address, and all written correspondence should now be addressed and sent to: International Association for Property and Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 A D D I T I O N A L LY The Evidence Log Magazine will be going exclusively digital beginning with the 1st quarter of 2015... The 4th quarter of 2014 will still be coming to members in the mail, as well as premiering on-line in its new format! Page 4 P.O. Box 652 Hot Springs, SD 57747 Page 53 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. WE GET MAIL ABOUT OUR MAIL... We recently received the following from member Kim Holmes in response to a letter we published previously. EVIDENCE LOG BOB GILES EVIDENCE LOG EDITOR EDITOR’S CORNER THE GILES FILES Dear Joe: A FRACTURED HISTORY OF FIELD RECORDINGS In the August 2014 newsletter, Brenda asked your recommendation of whether all property notification letters should be certified. The views expressed by the editor in this column and throughout this magazine in Italics are my individual views that do not necessarily represent those of any other member of the IAPE Board of Directors. I believe your response was not completely accurate. Texas Code of Criminal Procedures Article 18.17 Disposition of abandoned or unclaimed property states in section (b)”The county purchasing agent, the person designated by the municipality, or the sheriff of the county, as the case may be, shall mail a notice to the last known address of the owner of such property by certified mail.” I don’t know what state Brenda is from and/or what other states require. Perhaps your response should mention checking into their state requirements? My personal frame of reference for exploring the value of recorded data in the field dates back to the mid-1970’s when, as new patrol officers, we experimented with placing cassette tape recording devices (this was way before digital) in patrol cars so that we could capture any statements made by two suspects in the back seat. Since there is no expectation of privacy in a patrol car, the statements were admissible, and we quickly noted that crooks just can’t keep their mouths shut; they love to talk about their exploits, or try to gain sympathy from a co-conspirator. Examining any evidence found on the hood of the car also seemed to encourage more statements that reflected a consciousness of guilt. Great stuff! Thanks for listening, Kim Dear Kim: Thank you for pointing out that Texas has a state requirement to use Certified Mail to mail a legal notice of property disposition. It does not specify whether a return receipt or a receiving person’s signature is required. In our defense, IAPE teaches classes in all 50 states and also on the federal level. As you can imagine, we can’t possibly know all the statutes that apply to any particular issue, and we need to address issues on a general level. Our official IAPE position is that we don’t give legal advice, and we recommend that you check with your legal counsel before changing policies that might have legal ramifications. What do strive in raising this issue is for you to just ask the question, “Is it necessary to send expensive mail notices when the value of the item does not justify the expense?” While on the topic of Certified Mail. The United States Postal Service has several levels of tracked delivery. First is the Certified Mail the where the delivery, or attempted delivery is made and recorded by the Mail Carrier. For an additional fee, the mail may be sent Certified, with a Return Receipt Requested (RRR) that is mailed back to the sender as proof of delivery. It is not necessarily personal service, because any person can accept the delivery, but the signature for the recipient is electronically stored. Registered Mail provides end-to-end security in locked containers. Registered Mail custody records are maintained, but are not normally provided to the customer, unless a claim is filed. Interesting fact: In the United States, registered mail may be used to send classified materials up to the secret level. (30CFR2.28) USPS Tracking is a service that provides end-to-end tracking, including confirmation of delivery (or attempted delivery) via barcode scanning. Editor’s Note: We are sincere when we say “thank you” to Kim; not only for the information she has supplied to all of our readership, but also in letting us know through her letter that members are engaged with the content we are presenting. Page 54 We quickly noted that many of the statements made to us by suspects in the field could have a greater impact in the courtroom if we could just record their statements and admissions. As the technology improved, some officers started wearing micro-cassette recorders on their duty belts or placing them in their shirt pockets. The result was a goldmine of evidence that was used to convict violators using their own words. It doesn’t get any better, or does it? I noted in my own field contacts that telling someone that their obnoxious behavior was being recorded for court presentation (whether true, or not) often times resulted in a change of attitude. Wow! This is a game changer! I guess no one wants the judge to see how they really behaved when they were under the influence of alcohol or drugs in their own environment. The probative value in these recordings also made it advisable to have the original recordings booked into evidence to ensure its admissibility. By 1988, the reality television show COPS, along with their catchy theme music hit the airwaves, and the public had a new chance to view how badly people do behave, and how people often really do say or admit to things that are against their self interests in the field. Those same people often later recant their statements in court trying to make the officer appear dishonest. Can’t really deny that when the words are recorded, now can you? Contemporaneously, the installation of law enforcement in-auto video dash cams was booming among rural police and sheriff’s departments. We started to see pursuits on TV and the networks started broadcasting a new genre of reality show: live action pursuits. It turns out TV news editors were not prepared for the possibility of violence at the termination of pursuits or hostage crisis. Legal precedents and policies finally caught up with the technology and here is where the immediate impact upon the evidence room was felt. In general, lawyers determined that the officers and deputies should not have the option to decide when to record, or not record. The prevailing theory was that if the agency supplies the equipment, then the agency determines when the recording is made, not the officer or deputy. It had become an accepted practice by most agencies that when a police vehicle’s overhead lights were turned on, so was the camera. As a result, evidence rooms were required to make and store three VCR tapes per car, per day. Agencies with 10 patrol cars may have found this to be a manageable task, but for larger agencies with fleets of 100s of vehicles, it could be an arduous chore, which may explain why larger agencies had been so slow to adopt higher technology. . Continued on Page 4 Page 3 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. EVIDENCE LOG Bits and Pieces The Evidence Log© Joseph t. lAttA Executive Director by contract with ECS, Inc. robin lynn trench I.A.P.E. Founder robert e. Giles Editor BOARD OF DIRECTORS President Stephen R. Campbell 1st Vice President Robert E. Giles 2nd Vice President Joe Moralli Treasurer Suzanne E. Embree Secretary Kerstin Hammarberg Directors Gordon A. Bowers Kevin Fallon William Kiley Joe Moralli Joyce Riba Legal Counsel Ernest P. Burger Page 2 Established to further the education, training and professional growth of Law Enforcement Property and Evidence Personnel. Published quarterly as part of a continuous program of I.A.P.E., Inc. The objective of The Evidence Log© is to provide education and training related to all aspects of the handling, storage, maintenance and disposal of law enforcement held property and evidence. As with all information of a legal nature, please confer with your agency legal advisor on the applicability of any item in relationship to your specific situation. The Evidence Log 2014. This publication and all contents within are protected by copyright laws. Reproduction of any part of this magazine is permitted for internal use only within the agency of a member. © Articles are contributed by practitioners in law enforcement or related fields. Contributors statements and opinions are not purported to define or express the official policy of IAPE or to imply IAPE endorsement. IAPE has been recognized by the Internal Revenue Service as a tax-exempt nonprofit corporation. Donations are deductible as a charitable contribution for tax purposes to the extent allowable by law. Payment for services received are not considered a donation, but may be a business expense. Consult with your tax expert for specifics. This page is designed for members who would like to publicize up-coming property and evidence related events. Please contact us via the web-site if you have something to include for the future. property AssociAtion Websites International Association for Property & Evidence www.iape.org Arizona Association for Property and Evidence www.azape.org Arkansas Association for Property and Evidence www.arproperty.org Virginia Association of Property & Evidence Professionals VAPEP TRAINING SEMINAR When: December 18, 2014 Where: CitySpace Charlottesville, VA For more more info. and details, contact: lynn.coulter@fairfaxva.gov California Association for Property & Evidence www.cape-inc.us California Association for Property and Evidence Colorado Association of Property & Evidence Technicians www.capet.com 26th ANNUAL CONFERENCE Property & Evidence Association of Florida www.peaf.net When: March 30 - April 3, 2015 Where: Portola Hotel and Spa Monterey, CA For more more info. and details, visit: We invite comments on our format and the contents within. Submitted items should be mailed to the attention of the The Evidence Log© staff, and are subject to editorial review for appropriateness of content and length. Illinois Association of Property and Evidence Managers www.iapem.org www.cape-inc.us/ Please address all inquiries concerning this publication to the mailing address below. Nebraska Association of Property & Evidence www.ne-nape.com Arizona Association for Property and Evidence Volume 2014, Number 3 - October 31, 2014 North Carolina Association of Property & Evidence www.ncape.net The Evidence Log Published Quarterly by: The International Association for Property & Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 Texas Association of Property, Evidence & Identification Technicians www.tapeit.net ANNUAL SEMINAR When: June 4 & 5, 2015 Where: Prescott Resort & Conference Center Prescott, AZ For more more info. and details, visit: www.azape.org Please go to: www.iape.org for the most current schedule of up-coming IAPE classes. Page 55 INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC. Letter to our MeMbership EVIDENCE LOG The International Association for Property & Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 IAPE EVIDENCE LOG SET TO GO DIGITAL IN 2015 In the interest of providing greater content with color photos in a more cost-effective manner, IAPE’s Evidence Log will join the ranks of many other professional publications that are now distributed digitally to all our members. The change will permit us to provide more content and better serve our membership, by reducing production costs and eliminating postage. These savings also allow us to hold membership dues at the current rates. The electronic magazine will be sent to the email that we have on file for you. Please send an email message if you prefer the magazine to be sent to an alternate email instead of the one you provided to us. If you have not provided us with a current email address, please do so now to ensure continued delivery of the Evidence Log. Robert Giles Evidence Log Editor QUESTIONS • SUBMISSIONS • CLASS REGISTRATION • ADVERTISING Get in touch with us for more information about the IAPE and what we have to offer. International Association for Property and Evidence, Inc. P.O. Box 652 • Hot Springs, South Dakota 57747 www.iape.org • 1.800.449.4273 A lph A b e t ic Al A dve rt i s e r i ndex Ace Software Techniques, Inc. 52 Air Science 43 Biological Controls 51 CP Products 43 Cycle Storage Solutions 51 Elastec “Drug Terminator” 44 ECS (Evidence Control Systems) 38 ERIN Technology 44 EvidenceOnQ Inside Front Cover IAPE Training Video Library 20 Lynn Peavey Company 16 Lynn Peavey Company 20 PERCS Index, Inc. 7 Peter Mangone, Inc. (Tag-It) 35 Page 56 Porter Lee (BEAST) Inside Back Cover PMI Progressive Microtechnology Inc. 13 Property Bureau (PropertyRoom.com) 50 QueTel 6 QueTel 30 SafeStore, Inc. 42 Spacesaver Outside Back Cover Spacesaver 14 Spacesaver 27 Tiffin Metal Products 5 Tracker Products 28 - 29 Tufloc 19 WireCrafters 31 IN THIS The Giles Files - Editor’s Corner Bob Giles, Evidence Log Editor Page 3 IAPE Announcements Page 4 The “Dynamic Dozen Checklist” William P. Kiley, Current IAPE Director Page 8 IAPE Wants to Know What’s On Your Mind? Page 8 Dynamic Dozen for New P & E Personnel Page 9 Why Join The IAPE? Page 10 IAPE Accreditation: Why It’s Important for You Page 10 Campbell’s Corner - President’s Message Stephen Campbell, 2014 IAPE President Page 11 In The News - Weapons Destruction Due to Lack of Storage in Evidence Room ISSUE In The News - Ex-Officer Sentenced Page 26 Evidence Log Interested in Newsworthy Items Page 26 CPES & CCPES Application Pages 32 & 33 In The News - Chief Resigns Under Investigation Page 35 IAPE Scholarship Application Page 36 I’ve Got Something You Don’t Have! Page 37 Say It Ain’t So - Feces in Refrigerator Page 37 CPES Recertification Requirements Page 38 Truth and Consequences... Page 40 Up-Coming 2014 Marijuana Legalization Votes Page 41 2015 IAPE Membership Application Page 45 Page 12 IAPE Accrediatation Program Application Page 47 Evidence Log Seeks Submissions Page 12 Congratulations! New CPES Designees Page 48 How NOT to Conduct an Internal Investigation Page 15 Letting You In On A Secret Page 48 We Get Mail... Page 16 Say It Ain’t So - Evidence Sent to Auction Page 49 Property & Evidence by the Book Order Form Page 53 We Get Mail About Our Mail... Page 54 In The News - How NOT to Conduct Investigtion Page 21 Bits & Pieces Page 55 Unintended Consequences... Page 23 Letter to Our Membership Page 56 IAPE Courses & Registration Pages 24 & 25 Advertiser Index Page 56 Events & Trends - States’ Handling of Returning Siezed Marijuana After Legalization Varies Page 18 IAPE WEB-SITE LINKS & RESOURCES: The extensive IAPE web-site offers something from everyone in our field. Up-dated links to numerous law enforcement agencies, programs and pertinent resources. Newsworthy topics include latest DNA handling practices, training opportunities, on-line classes, latest products and vendors; plus the most current headlines and blog entries filled with hand-selected material, all to keep you up-to-date and informed. Law Enforcement Serving the Needs of Law Enforcement www.iape.org/resourcesPages/downloads.html TM A COMPLETE EVIDENCE SOLUTION CRIME SCENE TO COURT ROOM A powerful 100% customizable evidence solution for law enforcement. Hundreds of agencies at the local, state, and federal level have successfully implemented EvidenceOnQ to provided them the tools needed to work together more effectively, increasing efficiencies and department integrity. “EvidenceOnQ has freed us to be Evidence Technicians rather than data entry/filing clerks. Providing us the time and resources to purge and inventory on a regular basis.” Kara Bennick - Supervisor Greenville DPS, SC “It used to take four people approximately seven hours to process our incoming evidence each day. Just three weeks after implementing EvidenceOnQ, it was reduced to two people and took only 90 minutes.” Darrell Allen - Evidence Supervisor, San Antonio Police, TX “At first our officers were hesitant to use EvidenceOnQ, but once they started using it, they said ‘wow, someone had his thinking cap when they built this!’ ” Chain - Of—Custody Atlanta Police, GA PUTTING PROVIDING THE PIECES TOGETHER PROPERTY ROOM & BEYOND POSITIVE OUTCOMES TM PROSECUTORS INVESTIGATORS Evidence collected at crime scenes can be immediately entered into the system, instantly establishing a secure chain of custody.This sets the stage for a successful investigation and prosecution. COURTS Evidence admitted as a court exhibit will have a 100% reliable and secure chain of custody that will be inherent and maintained throughout the appellate process and beyond. Instantly access and print the chain of custody, view photos, play audio and video recordings, read lab reports, and submit requests. Eliminating phone calls and time consuming trips to the property room. PUBLIC Effectively and confidently manage not just incoming evidence, but evidence your agency will have for decades. Providing greater accountability and credibility for the community you serve. TM 1.800.603.6802 www.EvidenceOnQ.com The BEAST Evidence Management System chain of custody is designed to capture a complete log of possession from collection in the field to ultimate disposition of the evidence. Utilizing RF ID, Standard Barcodes, Wi-Fi, integration with Laboratory LIMS systems, CAD/RMS, and Court Systems, the BEAST records and tracks the movement evidence and its location at al l times. Audit Log The validity of the data provided by the BEAST is the ultimate concern of any agency. With any computer-based system data entry mistakes will occur. By utilizing user-based security and embedded audit tracking, the BEAST can control who is allowed to modify previously saved data and track exactly what that user changed. Every modification is time-stamped and recorded with the user’s name, PC they utilized, and both the original value and the new value as recorded. Digital Documents Agencies are always looking to reduce the filing and warehousing of paper records, but in law enforcement some level of paper is required. The issue is making those paper records easily accessible and convenient for those looking for them. With the BEAST system, digital images from scanners and cameras can be linked and annotated to the specific digital record they represent. This could be at the case level, the individual or the exhibit level. Digital media files such as .DOC, .XLS, .PDF, .MP3, and .WAV can also be linked to these records. Integration The BEAST system has been designed to integrate with many other systems utilized in law enforcement. The following are samples of the types of interfaces currently in use by the BEAST: CAD/RMS, LIMS, DNA Robotics, GC/MS, Mugshot, CODIS, Auto Pound, Court Management and in-house systems. Our application designers can customize an interface for you as well. www.porterlee.com Unleash the BEAST 1 - (847) - 985 - 2060 PORTER LEE Corporation Spacesaver® Evidence Log The © is the Official Publication of the International Association for Property and Evidence, Inc. Avoid the Static. ActivRAC it. IN THIS ISSUE Events & Trends: Returning Siezed Marijuana ® Unintended Consequences of Legalization Colorado’s MJ Laws Put Strain on Nebraska Up-Coming Marijuana Votes to Be Aware Of ActivRAC® Mobilized Storage System Property and evidence piling up on you? With ActivRAC® mobile carriage and rail system existing industrial shelves and racking can move side-to-side, eliminating idle aisles and maximizing square footage. A simple way to uncover wasted floor space and accommodate your property and evidence storage needs. To learn more, visit www.activracyourevidence.com Van Nuys, CA Permit No. 1803 800.492.3434 | www.spacesaver.com PAID S o l v e d® NONPROFIT ORG U.S. Postage S t o r a g e Vol. 2014 No. 3