Evidence Log

Transcription

Evidence Log
Spacesaver®
Evidence Log
The
©
is the Official Publication of the International Association for Property and Evidence, Inc.
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Events & Trends: Returning Siezed Marijuana
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Unintended Consequences of Legalization
Colorado’s MJ Laws Put Strain on Nebraska
Up-Coming Marijuana Votes to Be Aware Of
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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:
[email protected]
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
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INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC.
EVIDENCE LOG
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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:
[email protected] 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: [email protected]
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 [email protected]
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 [email protected]
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 [email protected], 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
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Learn more about our department solutions at
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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
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Continued
pagealtogether
28
rounding
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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.
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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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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
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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
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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: [email protected]
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.
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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
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5.3:
Storage
Schemes
• try
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metal
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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
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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
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n tT rRoOlL SSyYS StTE E
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You can depend on our staff for expert services in the following areas:
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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 [email protected], 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 [email protected]
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 [email protected]
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:
[email protected] 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: [email protected]
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
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Page 50
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Page 7
INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE, INC.
EVIDENCE LOG
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Page 6
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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:
[email protected]
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
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The
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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
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Vol. 2014
No. 3