Evidence Submission Procedures for Implied Consent

Submitting Evidence for Implied Consent Cases

• DUI/DUID kits submitted for implied consent cases require only the DUI/DUID Submission Information Sheet, rather than an RFLE.

Mailing Evidence

• When mailing evidence to the lab, detach and keep the last copy of the request form for records.
• Send the original and remaining three copies to the lab.

Hand-Carrying Evidence

• When hand-carrying evidence to the lab, bring all copies of the request form.

Lab Receipt

• Upon receiving evidence, the examiner will sign the request form and return a copy to the submitting officer as a receipt.

Submitting RFLEs via Email/Fax

• Include information on evidence containers in the email or fax cover sheet.
  • Use a format like "Item #1 a plastic bag containing (describe the item) or Item #2 a paper bag containing (describe the item)."

General Submission Considerations

• Clearly state the investigative reason for submission.
• If potential biological evidence, stamp "Biohazard" in red or affix a biohazard warning sticker.
• Include an HIV warning if applicable.
• Do not mail wet biological evidence.
• Do not mark directly on evidence unless specifically instructed to do so in discipline-specific sections of the Evidence Handling Guide.
• Do not use staples to seal evidence containers, especially not with document evidence.

RFLE Key

• Section 1: The investigating officer's name.
• Section 2: Your agency's telephone number.
• Section 14: The jurisdiction where the offense occurred.
• Section 15: How the evidence should be returned. Arrange for pickup as soon as possible after receiving results due to limited storage space. Call the lab before picking up evidence.
• Section 16: List and describe each item of evidence, including details like item number, name, make, model, color, size, serial number, preservation method, and packaging information. Use different item numbers for each item in a single case.
• Section 17: The printed name of the person submitting evidence.
• Section 18: Signature of the individual whose name is in Section 17 and the date of submission.

Evidence Mailing Instructions

• Package evidence in a sealed, initialed evidence container.
• Complete the RFLE.
• Place the evidence container and RFLE in a larger envelope or box for mailing.
• Use registered mail with return receipt to maintain chain of custody.
• Use a street or route number in the return address for courier return.
• Prohibited items include: firearms and ammunition, explosives, flammable liquids, petroleum distillates, and caustics.

Submission Reminders

• Specify your agency's name and address where reports should be sent.
• Place the RFLE inside the mailing container, but outside of the evidence container.
• Address the mailing container to "Attention: Evidence Receiving" and include an agency phone number.
• Provide the email address and cell phone number for the primary investigator.
• Write legibly with a ballpoint pen.
• Use the name of the jurisdiction, not FIPS code or ORI number.
• Indicate the court date and type of court (e.g., District, Circuit).
• Clearly describe the evidence container and items being submitted.
• Use different item numbers for each item of evidence submitted under an FS Lab#.
• Reuse item numbers for resubmissions.
• Each item in the evidence container should have a corresponding item number on the RFLE.
• Latent print cards must be properly packaged, sealed and protected.

Recommended Safety Procedures for Firearm Submissions

Magazine Removal

• Remove all magazines from firearms.
• Unload the magazine if DNA or Latent Fingerprint examinations are not being requested.
• Package cartridges or shotshells in a separate rigid or padded container if submitting for comparison examination.
• It is not necessary to submit cartridges or shotshells if only NIBIN and/or Function exams are requested.
• It is acceptable to leave cartridges in a magazine packaged separately from the firearm if DNA or Latent Print examinations are being requested on the cartridges or the magazine.
• If cartridges are being submitted for DNA or Latent Print exams, package them in a way that preserves the evidence.

Demonstrating Safe Condition

• Place a safety appliance (chamber flag, safety block or zip-tie) into or through the action of the firearm.
• Pistols: Remove the magazine and clear the chamber. Insert a chamber flag into the barrel through the open ejection port, then advance the slide forward to hold the flag in place. Alternatively, after removing the magazine and clearing the chamber, run a plastic zip-tie through the empty magazine well and out the ejection port.
• Revolvers: After removing chambered cartridges, loop a plastic zip-tie through two empty chambers to prevent the cylinder from closing.
• Exceptions include submissions when a firearm cannot be unloaded due to rust/damage or firearms that have been sealed in water for submission, or other exceptional conditions.

This quiz focuses on the proper procedures for submitting evidence in implied consent cases, including mailing, hand-carrying, and electronic submissions. Understand the required documentation and how to effectively communicate evidence details to the lab. Ideal for law enforcement officers and investigators.