Evidence Handling Policy: Osceola Sheriff

• Policy Number 420.0 concerns evidentiary items and was last reviewed on 08/02/19.
• The Osceola County Sheriff's Office ensures accountability for evidentiary and non-evidentiary items collected.
• The policy defines procedures for collecting, preserving, accounting for, and controlling evidentiary and non-evidentiary items.

Definitions

• Chain of Custody: Chronological documentation of the custody, control, transfer, analysis, and disposition of evidence.
• Evidentiary Items: Items related to a crime or designated as evidence.
• Food and Drug Administration (FDA): An agency overseeing the manufacturing/distribution of food, drugs, medical devices, and consumer products.
• Non-Evidentiary Items: Recovered items, lost/abandoned, and not suspected of a criminal connection.

Procedures for Handling, Control, and Responsibility

• Securing evidentiary and non-evidentiary items: These items must be secured in the Evidence Unit's designated area and stored in secure areas.
• Logging items: The submitting member logs all evidentiary and non-evidentiary items.
• Storage areas include bike cages and refrigerated storage.
• If the Evidence Unit is inaccessible, items are stored in evidence lockers or refrigerated storage outside the Unit.
• All evidentiary and non-evidentiary items collected must be submitted with a Property/Evidence Form (SO-03-36) before the end of the member's shift, excluding articulable exigencies and with supervisor approval.
• Articulable exigency documentation: The approving supervisor's name and a summary of the exigency are documented.
• Items turned in late without approval will be reviewed by the Evidence Unit Supervisor’s Captain.
• Forensics Unit cases require copies of the Property/Evidence Form (SO-03-36) be forwarded to the Evidence Unit within 3 business days of collection.
• The Evidence Unit Supervisor/designee logs all submitted items into the Evidence Unit Tracking System within 72 hours, excluding holidays/weekends.
• The Evidence Unit Supervisor serves as the custodian and is responsible for all items in the Evidence Unit's custody.
• All items must be documented and turned over to the Evidence Unit, or released to the legal owner/representative.
• Investigating members should confer with the State Attorney’s Office before releasing items.
• If the State Attorney's Office cannot be contacted or unsure if needed for prosecution, items are retained as evidence
• A Property/Evidence Form (SO-03-36) must be completed if an item is released

Releasing Items

• The releasing member must complete the “Released By” section of the Property/Evidence Form (SO-03-36)
• The transfer is documented in the Chain of Custody section.
• The transfer method must be documented if it's not person-to-person or into a receptacle.
• The receiving person must sign the “Released To” section of the Property/Evidence Form (SO-03-36).
• An attempt is made to identify and notify the owner/custodian of evidentiary/non-evidentiary items.
• The member assigned to the case attempts to establish the owner/custodian through reasonable means and notify them when the item is no longer needed.
• If the owner/custodian cannot be located, a public notice is posted according to FSS 705.103.
• Outside agencies must follow the same evidence submission procedures.
• Submitting agencies not following procedure must correct the issue or retrieve the item.

Security Measures

• All submitted items must be secured from submission until release.
• All buildings, facilities, and storage areas must be secure.
• Access to secure areas is limited to members with direct control of the items.
• Unauthorized members are not allowed inside without an escort.
• Authorized visitors must sign in/out using the Evidence Unit's specified log, noting entry and exit times.
• Vehicles towed for evidentiary purposes are stored at approved facilities or locations.
• The Forensics Unit Supervisor/Investigative Sergeant may direct vehicles to the Forensics Unit Vehicle Bay for significant/violent crimes.
• Vehicles seized for forfeiture are kept in the Evidence Unit's custody until directed by the Sheriff’s General Counsel.
• Blood, body fluids, and other perishable evidence requiring refrigeration must be secured in designated refrigerated lockers.

Handling Specific Types of Evidence

• Blood, body fluids, and perishable evidence requiring refrigeration must be secured in designated refrigerated lockers ASAP.
• Impounding members/assigned investigators provide an event synopsis and analysis request.
• The Evidence Unit is responsible for the timely transport/delivery of specimens to the proper lab.
• Sexual assault evidence kits/DNA evidence from sexual offense victims must be submitted to the proper laboratory within 30 days of receipt or victim's request.
• Sexual assault kits must be stored safely and environmentally secure, consistent with FDLE guidelines, until the prosecuting agency approves destruction.
• Refrigerated/freezer unit integrity is maintained via temperature alarms, text notifications, and generator backup.
• Technicians transfer evidence to a secure temporary area while refrigerators/freezers undergo repairs.

Loss of Evidence Procedure

• If evidentiary/non-evidentiary items are lost, missing, or stolen, the discovering member notifies their chain of command, up to the Division Captain.
• The loss is documented in incident reports, including involved members, circumstances, date, and item description.
• A copy of related reports is forwarded to the responsible member’s Captain.
• Stolen items shall be investigated according to Policy 451.0.
• Lost or missing items due to suspected policy violation are investigated according to Policy 325.0.
• Damage/loss of issued drug contraband follows section 4(T) of the policy.

Storage Protocols

• Items needing added protection are locked inside a secure area within Evidence Unit storage.
• Separately packaged security risk items: money, precious metals, jewelry, gemstones, firearms, and controlled substances.
• Refrigerated items are separately packaged and placed in a secured refrigerator.

Packaging and Labeling

• All items taken into custody must be packaged with agency-supplied material and labels to ensure preservation.
• Proper containers are used and secured with initialed and dated evidence tape.
• Each package/container must be marked with the submitting member's name, case number, victim/owner name, date, suspect name, and item number.
• Knives/sharp instruments must be placed in evidence tubes/boxes.
• Sharp edges of oversized items must be covered with cardboard.
• Sharp edges or points collected for lab analysis must be covered to avoid contamination.
• The container must be correctly and completely labeled.
• Hypodermic syringes must be enclosed in labeled evidence tubes.
• Wet items must be dried before submission, or packaged in paper evidence bags and submitted to the Forensics Unit for drying.
• Forensics Unit members may be called to receive wet items.
• Evidence packaging and chain of custody receipts must be completed by the submitting member before transfer to the Forensics Unit.
• Packaging with wet/dry bodily fluids must have a biohazard label.
• A Forensics Unit Technician collects evidentiary/non-evidentiary items containing large amounts of wet body fluids.
• Evidentiary items requiring lab analysis or latent print processing must be packaged separately in paper bags with a member request to the Evidence Unit stating the analysis needed

Protocols for Containers and Compromised Packaging

• The Evidence Unit cannot accept locked containers, it is the submitting member's responsibility to ensure all containers have been opened and the contents inventoried.
• The contents are packaged separately.
• Members unable to open a safe must contact the Evidence Unit and place the container in the Evidence Unit Annex with a search warrant as required.
• Compromised packaging cannot be destroyed
• The item and packaging are placed together in new packaging by the responsible Evidence Unit Supervisor or designee.

Record Keeping

• The Evidence Unit must maintain a record system that provides the item's current location, date and time of receipt/release, description, how it came to the agency, and chain of custody.

Controlled Substances

• Controlled substances are counted/weighed before packaging
• They are packaged according to the FDLE Crime Laboratory Evidence Submission Manual.
• Controlled substances are submitted for analysis per FDLE guidelines.
• Only one type of controlled substance is placed per package.
• Paraphernalia is packaged separately.
• Evidence Unit Specialists inspect controlled substances for correct packaging and tampering signs, notifying the supervisor/designee of any issues.

Currency Processing: Routine Investigations

• Currency is counted by individual denominations by the collecting and verifying members.
• Currency is packaged in a currency/coin bag, with denominations recorded.
• Currency for latent prints can be packaged in paper bags or manilla envelopes.
• The currency bag is sealed with evidence tape bearing the initials of the collecting and verifying members.
• All fields in the currency bag must be completed; subject's name included if collected from an individual.
• The currency bag is transported/submitted to the Evidence Unit with chain of custody maintained.
• If less than $10,000, the sealed currency bag goes to the Evidence lockers or directly to the Evidence Unit.
• If more than $10,000, the on-call Evidence Specialist meets to inspect the packaging before the transfer to the Evidence Unit.

Handling Large Sums of Money

• Large Sums of Money are verified with the currency counter in the Evidence Unit by an Evidence Specialist, witnessed by the submitting agency member.
• The Receipt is initialed/dated by the Evidence Specialist and the witnessing member
• The Receipt and currency are placed in the original packaging, resealed with evidence tape initialed/dated by the counting Evidence Specialist and the witnessing agency member.
• If the original evidence packaging is insufficient, a new evidence package is created, retaining the original inside.
• At least two members must be present when currency packaging is opened. The facts surrounding the opening are documented in a supplemental report or currency counter receipt.

ONIB/NET Operations

• If currency is located, an ONIB/NET member requests another member as witness.
• At least two members must be present to process seized currency.
• Video recording documents the currency's location, packaging, and unpackaging at the Evidence Unit or an approved Banking Institution.
• Currency is not counted at the time of seizure but is counted using the currency counter in evidence or by using an approved banking institution.
• An on-call Evidence Specialist meets the case agent and law enforcement witness at the Evidence Unit for the "Official Count”.
• The unpackaging and submission of the money into the money counter will be video recorded, with the case agent, another unit member, and an evidence specialist present during the recording.

Seizing Currency

• If currency is unclaimed, individuals present are advised of their Miranda warnings if custody is determined.
• Individuals are then asked whether a person claims the currency.
• The claimant witnesses the packaging unless there is a threat.
• The evidence receipt notes if no one claimed the currency or if it was seized from an unoccupied area. A copy is left at the premises.
• The involved person gets a copy of the evidence receipt with "An Undetermined Amount of U.S. Currency Pending an Official Count" notation.
• The owner/claimant will be asked to sign the receipt
• If tactically unsound or the person declines a notice will be made on the receipt and seizure report.

Handling Currency from Individuals and Sealing

• The individual remains on-site (if possible) until currency is photographed/sealed in an Evidence Currency Bag, unless unrestrained or needing medical attention.
• Seized currency must be photographed in the location and position where it was discovered with a law enforcement witness, unless unsafe.
• Photos are a sub-exhibit. Once sealed, packaging is not opened on scene to take photos unless extraordinary circumstances exist.
• The seizing member completes the top of the Evidence Currency/Receipt bag as follows, with signatures/printed names: Sealer, Witness.
• Person asserting ownership will be requested to print and sign his/her name on the Evidence Currency/Receipt bag(s), unless tactically unsound
• The seized currency will then be placed in the bag
• The agency member then adheres a completed evidence label or uses an ink pen to complete the evidence label on the front side including, case number, collector, location and date of seizure. The sealer and witness need to sign
• Currency/Receipt bag(s) cannot be sealed without a witness.

Transporting and Depositing Currency

• Currency/Receipt bag(s) are then transported by at least two members to the Sheriff's Office Evidence Unit or to a financial institution for an official count.
• The Evidence Currency/Receipt bag(s) holding the currency will not be opened until the currency arrives at a financial institution for conversion to a cashier's check, electronic transfer, or processed as an evidentiary exhibit or has arrived at the Evidence Unit
• When transported to the Evidence Unit, the opening of the bag(s) is witnessed by at least one member and an evidence specialist under video recording.
• When the top of the bag is opened, the Date Opened, Opened By and Witness to Opening must be completed
• After that, the money as well as the receipt from the money counter is the Currency/Receipt bag
• All parts or the prior used Currency/Receipt bag(s) with be secured with evidence tape, initialed and dated by the two members who where present during the opening
• All facts will need to be created in a report (if this act is performed)
• All evidence will need to be transferred excluding the circumstances surrounding forensic procedure or court use
• Evidence will need to be deposited into a non-interest bearing bank account designated bty the Sheriffs Office and deposited in the Sheriffs Office account, or a business day after the 25th of each month. If extenuating circumstances occur, approval from a Scene Section Manager is needed.
• Curreny if ready for bank transport if performed by Sheriffs Office Staff
• When ready, all packaged and ready to deposit currency to open the packages and all money will need to be opened by 2 members of the Evidence Unit Specialists
• After open and counted the currency will need to be transferred to a lockable bank bag, the original packaging is to be digitally documented via a Evidence Unit tracking System, and an image will be uploaded
• If a discrepancy occurs, the Evidence Unit Supervisor needs to be notified, after doing so they need to then contact the Crime Scene Section Manager
• If a discrepancy cant be clarified the Evidence Unit Supervisor will document the issue and the money needs to be transported to the valut "untill investigation is conducted
• After a bank ag is transported and secured into a value the totals of everything verified in the agency's ledger needs to be recorded into the system, after doing this a receipt print and everything needs to be reported / done, while an agency member needs to be asked to transport everything at the earliest availability
• After deposits happen, everything will need to be given in deposit, the Sheriff member needs to return the Evidence unit as well as the reciept of bank work and software
• After all is completed the bank work needs to be scanned properly as well as with a report in ledu software system
• Finance Unit work will then need to forward paperwork to the end process (final stage process)

Regulations for Weapons

Restrictions on Firearms

• Do not gather "firearms"
• A "safety Defect" could occur to get assistance with "firearms"
• Make sure are in "safety Lockers"

Weapons

• A bag a weapon will not be with ammo
• Any "large Magazine" needs to be with-hold for "ammo use"
• A report with info of weapon needs to be noted
• Query the "FCIC and the NICC Report"
• Stickers are labeled to "note what the firearm does"
• With-hold any items that would stop the locking procedure

Rules for Custodial and Evidence Reports

• Need the right documents
• Sequence is important, numbering and getting correct serializing process will be needed
• Original paper for evidence with forms
• Signature and paperwork as needed
• Email as proper use to contact office of sheriff

Restrictions and Rules for Hazardous Material

• Contact the fire department for "hazardous" materials

• Contact the "Office of emergency"

• Be "safe" or "inert" so any action is performed.

• "Red ink" to identify anything with "Hazardous label"

• Proper note and paperwork as needed

• Be certified and make members document

• Cigs of vape type need inspected

• Comply with the threat and follow protocol for safe process

• Outside help is always needed with the sheriff assisting and helping

• Photo are needs to be taken.

Rules for Evidence Handling

• Photo first to get images for data with the event and keep everything labeled as is during event

• Health department or FDA is needed

• Photos are vital and always need documentation for evidence support. Report notes as well with detail information including FDA and health department details

Handling Drugs

• Follow "The FDA" guidelines

• Detail work to photo all work with labeled, vial and plunger separately.

• Get details and documents label in detailed process for the sheriff work of collection

Rules for Unusable packing to use

• No improper packing for evidence
• contact supervisor and the process to report
• The time span is "72 hours" for a fix for report.
• If a dangerous state an "expert" will take over

Rules to dispose and the process

• All needs to be follow and follow protocol

• State law and paper work

• Sale to unit or state

• Donated gifts

• Disposal process for the event

• All reports and disposal needs to be forwarded, check list of papers for details to be submitted

• Digital Q report is a electronic type option.

• Case reports after can be email for details

What to look for before a Firearm Release

• If reports for the status and has it been disposed
• Is it required any more ?
• If a felon is not part of the scenario

Releasing Rules

• The "law" needs to fall to "law standard" before release

The list of item with the follow

• Check to make sure it's not stolen
• Need verify with the local data from the " Sheriffs office to FDLE Firearm eligibility " report
• Report to confirm with a proper release and process

With the follow list of the " FDLE's data " of a approval data state for releasing, if they check is " approved ". To do so the follow will occur If an "error" , then to proceed with the follow

• "N" label to confirm all info

• Give access to file for further process and the file label.

• Give claimant all needs list in steps with data

Need to wait 60 years if denied

• The "the Feds" or local office needs to have it
• Finger print process is a must

Proper document is important Correct release if is approved for process

• Report and get record info into the system

Proper Disposal of info from Drug and firearms

• Report paper work to follow with proper labeling
• Needs double people for a double check
• The label report for the"courts"
• Follow order if court to dispose all items
• Get the "Chief" for support if needed
• Report and notes a a need for documentation
• A "vehicle" is need and proper care
• Signature with paperwork and forward too unit
• Follow to get report to know if it's all under a clean report from "FCIC and NICC"
• Outside and local report to confirm status with law."

Important notes for Evidence

• Thirty day for "evidence"

• Double check" report or issues"

• Law check is always needed

• Signature report always needed

• The "transfer" is a option to solve issues with protocol from reports from local and Federal reports

• A proper paper work file report in this to verify if all under law

Long is all needed of details

• All detail report and all need to be under the line if code

• Follow policy to forward the list The follow need to see if the policy to understand

• Approval by a team / support personal"

• Report of details list and actions

• Review all protocol for process

Special needs to know

• Get proper "team" and "notes"

• A proper note for actions and reports

• Sign name's for actions

• Storage rules are important

• No "help without assistance" to "move" .

• Long care and the " storage" will be a "must in the notes".

Evidence

• Double support is is " key to know "
• Local contact for support is "needed and helpful"
• Is this okay by "federal or location and a support personal" ?

All proper "care in local law for the file"

• Get details to report and follow for safety in federal or location "report.

To "maintain and report"

• Clean with "local safety action for codes" notes

Note :

The "team always needs to check and report all files" The "label of help always comes and needs to report at all". "Label for law"

Remember To

• Double support of care .
• "Federal support and local law and documentation"
• Proper "disposal after report process"
• All file "documented for a good long action record."