IF-3 Evidence/ Property Management and Control

• The document discusses the Salem Police Department's General Order regarding evidence/property management and control.
• This policy aims to provide guidelines for efficient and uniform handling of evidence and property by Salem Police Department members.
• It outlines the policy for managing, controlling, and protecting property in the department's custody effectively.
• All property taken into custody must be properly identified, inventoried, and secured in designated storage areas, with limited access.
• Any changes to the custody of property must be properly documented.

Chain of Custody

• Chain of Custody refers to the continuity of physical evidence from collection to final disposal.
• It includes written documentation admissible in judicial proceedings.

Evidence/Property Areas

• Main Evidence Room: Located in the police department building, under constant video surveillance, and contains most of the agency's property and evidence
• It includes pass-thru lockers, refrigerators, a money/jewelry safe, shelving (by year), a "to-be destroyed" area, a media section, a secured felony room, and a secured gun and drug room.
• Only authorized personnel, as defined in Paragraph XXVIII, can access unescorted.
• Impound Lot: A secured area behind the police department with high fencing, razor wire, and video surveillance.
• Used to hold seized vehicles and large items that cannot fit elsewhere.
• Temporary Evidence Storage Area: Located within the Temporary Detention Area, featuring a separately secured room with a single access point under constant video surveillance and lockers for temporary evidence storage
• Each locker has a key held by the entering officer until the evidence is removed.
• Conex Left and Right: Two large metal storage containers near the impound lot under video surveillance, designed for bulk/overflow evidence that can withstand outside temperatures.
• Special Conex Box: A large conex box near Conex Left and Right under video surveillance, rented for a single case involving over 8,000 pieces of evidence.
• Sally Port: An interior garage within the police department under video surveillance, used to store large evidence temporarily.
• Other Agency: Evidence transferred to another agency, such as the State Lab, for processing, trial preparation, or other use.
• Physical Evidence: Any substance or material found, recovered, or developed in connection with a criminal investigation.
• Evidence Officer(s): Department members accountable for controlling and maintaining all evidence/property stored in the evidence room.
• Property: Anything acquired, found, recovered, or having possible evidentiary value.

Procedure

• Officers must care for, control, and correctly process all evidence or property obtained during their duties and must follow all department rules and procedures.
• Under no circumstances should officers use, loan, or give away any item or property coming into their possession, nor destroy evidence, except as stated in this policy.
• Conversion or destruction of property can result in disciplinary action.
• Officers must log evidence or found property into an appropriate storage location (e.g., temporary storage) as soon as possible, but always by the end of their shift.
• In extraordinary situations involving large amounts of seized evidence, with a supervisor's approval, evidence may be secured in a temporary storage room until inventoried.
• Officers are expected to make every effort to properly inventory the evidence ASAP.
• Officers should not take possession of items with no evidentiary value or worthless items.
• Officers must keep evidence secure, in good condition, and maintain the chain of custody.
• Officers taking in property that is not part of a criminal investigation will assign a computer-generated case number, complete a narrative report, enter the property into IMC, and secure it in temporary storage.
• The Evidence Officer will arrange for the owner to pick up the property.
• Property seized as a result of a criminal investigation will be recorded in the narrative section of the criminal investigation report and listed under the “property tab” of the offense or arrest report.
• All evidence or property must be entered into the IMC property screen and labeled with an IMC property label before being placed in a temporary storage locker, room, or impound lot.
• Property labels will have a barcode printed to track the item and must include the property owner's name, if known.
• A copy of the property label must be placed in the bicycle area or impound lot temporary storage mail slot locker for items placed there.
• The IMC RMS system is used to record and track property status within evidence/property areas, documenting dates, times, descriptions, NIBRS codes, amounts, and chain of custody.
• The Evidence Officer(s) uses a barcode system to track property and update its status, maintaining records reflecting the current status of all held property or evidence.

Packaging and Labeling

• Mark, tag, or place all items of evidentiary value in containers, identified with evidence tape/heat seal and the officer's initials.
• The IMC property label with a unique property number, case number, and officer ID must be entered with the evidence or property.
• All controlled/suspected controlled drugs are considered as having evidentiary value, and complete transmittal sheets must be kept with the evidence.
• Officers must document a “found location" in their report narrative.
• Place property that is of such size that it may be lost in a plastic or paper bag.
• Tag and hang wet items, such as clothing, in a secured area. After they are dry, properly package them and place in the property room.
• "Wet" evidence that could spoil or rot, such as footwear or blood/semen-stained clothing, should be stored in a paper evidence/property bag.
• Sexual Assault Kits must be in their cardboard box and sealed with evidence tape and should not be placed in a plastic bag.

Evidence Forms

• All evidence seized by any officer requires proper documentation.
• Officers obtaining evidence must complete the following forms when applicable
• Evidence Examination Request (DSSP 20): Used for all evidence, including misdemeanor and felony-level controlled drug and suspected controlled drug offenses, requiring analysis from the State Lab, and attached to the property to be tested prior to securing it in a temporary evidence storage locker
• Controlled Drug Analysis Authorization (DSSP430): Completed whenever an officer seizes drugs and intends to file charges (typically placed in the Arrest Folder or Arrest Warrant Folder and not into the evidence locker). -The section of the form, “For Cases With Charges Already Filed With The Court” will then be completed by the Prosecuting Attorney and sent to the Evidence Officer for drug submission to the Forensic Lab.
• Evidence Process Request (SPD Form Inv-1): All property requiring further analysis by an Evidence Officer or Detective must have this form attached to the property.
• Authorization for Release (SPD Form Inv-2): The Evidence Officer(s) are the only people authorized to release or transfer evidence to the rightful owner, another agency or other entity.

Chain of Custody

• Authorized property personnel have access to all items of evidence and are part of the chain; therefore, they do not have to log evidence in or out if the evidence does not leave their possession.
• Chain of custody documentation is kept under the property tab in the IMC records system.
• Evidence officers:
• Empty items placed in evidence submission areas wearing protective gloves
• Verify that each item submitted has been properly packaged, described, and entered into IMC and has proper paperwork
• Scan/copy any paper documents to the Records Unit
• Scan and/or log the received item into the appropriate storage area, ensuring it is digitally tracked in IMC.
• Latent prints are to be placed in an evidence bag and placed into evidence.
• If prints are to be sent to the State of NH lab for comparison, include an Evidence Exam Request. Include an Evidence Process Request Form (INV-1) for forensic exams, except for narcotics.
• The Evidence Officer(s) log all evidence checked out for further examination by an officer.
• The officer receiving the property is responsible for logging the item back into evidence in IMC once he/she is finished with it.
• The Evidence Officer should receive the evidence or prosecutor checking it out for court as soon as the hearing ends.
• If the evidence is taken to district/superior court and will remain in its custody, the officer completes a chain of custody/release form given by the Evidence Officer and returns a copy.
• The individual who checked evidence out of the evidence room reports to the Evidence Officer if the court retains, confiscates, or orders the property released.

Biological Evidence

• All items must be dry before being placed in a separate, previously unused paper bag, envelope, or breathable container.
• Evidence tape must be placed on all manufacturer seams, and the individual must initial each piece.
• Bio-Hazard labels must be placed conspicuously on each piece.

Blood Samples

• To preserve the blood draw sample in order to be certified as State's evidence it is of utmost importance that it reaches the NH Toxicology Laboratory in a timely fashion.
• The officer obtaining the sample will:
• Complete proper documents in the sample canister provided by the NH Toxicology Laboratory
• Secure the canister in its provided tamper-proof evidence bag
• Place their initials on the seal
• Document the evidence bag number in his/her report and to the dispatcher to enter in the call narrative
• Complete the transmittal sheet (DSSP 20) and attach to the evidence bag with a paper/binder clip Store the canister in one of the refrigerated temporary storage lockers
• Blood as evidence to determine blood-type matching with other evidence will be sent to the NH Forensic Laboratory using the following:
• Secure the sample in a swab container, seal with evidence tape, add initials, place Evidence Examination Request Form (DSSP 20) with it, place it in temporary storage lockers, and document in reports.

Found and Abandoned Property

Property turned into the Salem Police Department that fits the criteria of found or abandoned property should be handled like this:

• Officers will do a NCIC check on any identification numbers

• Officers will contact the owner to release property

• The shift supervisor must approve the property release, which requires the property owner's signature

• If the officer can return the item to its owner during their tour of duty, the incident will be documented as a Field Interview (FI) in the IMC computer system.

• The officer shall generate a case number (OF) in IMC and complete a found property report, and the item is to be secured in a designated evidence storage location.

• The officer shall fill out and submit an Authorization for Release Form (Inv.-2 Form) if the owner's information is known

• Turn over found credit, ATM, and debit cards to the card's owner or the issuing institution. Shred the cards using department shredders and completing a Field Interview Report (FI) in IMC.

• For property where the owner is unknown, make reasonable attempts to identify to owner, and log into the evidence room as found property.

• Property without redemptive or evidentiary value will be logged into the evidence room as found property and be disposed of after 90 days for property valued at $249.99 or less, and 180 days for property valued at $250.00 or more if there is no chance of finding the owner

• Non-contraband property in police department property rooms may be returned to the finder if the owner is unknown or the property is unclaimed after a period, unless. the said finder was not a police officer

• If no claim is made, property is auctioned or disposed of.

• The Salem Police Department may auction property if it has been held in excess of 90 or 180 days (based on value) and no owner has been identified.

• Funds from auctions go to the Town General Fund, and all property not purchased can be disposed of.

• Officers encountering an abandoned bicycle must run an NCIC check on the serial number and an IMC check for an SPD bicycle registration tag:

  • If the bicycle is in good condition, log it into “evidence” at SPDHQ

• If the bicycle is rusted or considered worthless by the officer, they shall advise dispatch to have the Salem Public Works Department pick it up.

Property Held for Safekeeping

• Property taken by the Salem Police Department for safekeeping will only be accepted through approval of the Shift Commander/Supervisor.
• The officer taking the property will generate a non-criminal (OF) report in IMC to document the incident.
• Officers will log items into the property room for storage, and each item will be assigned and labeled with a property number and an Authorization for Release Form (Inv-2).

Firearms

• During the time of the recovery of any firearm used in a criminal offense the Shift Commander shall notify the Investigations Division Supervisor
• The preferred method is for a Detective to assist to determine the evidence processing required for that firearm prior to entry into the evidence room.
• The investigating or recovering officer must check all firearms in NCIC before being turned into the Evidence Officer(s).
• Leave Firearms unloaded with their action open., unless it is evidence in a shooting
• If it's evidence in a shooting, a Detective or Evidence officer will mark, tag, and package a firearm in the case with the best practice to preserve evidence being used
• The Shift Commander or Shift Supervisor is to monitor the handling of the firearm for entry into evidence closely, if a Detective or Evidence officer is unavailable.
• This agency does not accept firearms/ammunition for “disposal”. Refer the person to a licensed gun dealer.
• An officer relinquishing ownership will document with an FI report in IMC, and complete the Donation of Firearm/Ammunition Form (SPD Patrol Form-11).
• The firearm goes to the Use of Force Instructor to be placed in their armory.
• For firearms seized pursuant to an Emergency, Temporary, Final, or Marital order of protection with no criminal charges, the officer documents the seizure in a Restraining Order report (RO) in IMC.

Perishable Evidence

• Spoilable evidence/property, such as fruit, vegetables, or meats, shall be photographed, destroyed, or give to the property owner
• Get copy of the receipt non-seized items from the store and, submit as evidence in cases involving shoplifting/willful concealment
• The evidence deemed perishable and must be seized for the purposes of further processing should be packaged and placed in cold storage in the SPD Evidence Room.

Currency

• Upon discovery of currency in a significant amount notify the supervisor to witness recovery and secure it properly.
• The officer(s) and/or supervisor counting/packaging, and secure. Both place his/her initials on the seal.

Contaminated Evidence

• Evidence contaminated with bodily fluids will be dried, double-bagged in separate paper bags, and marked to show potential/known contamination.
• A secured monitored drying rack in the evidence processing room may be used to dry contaminated evidence

Explosive Devices

• Explosive evidence/property is NOT to come into Salem Police HQ except common fireworks.
• When located, report the Nashua Police Department Bomb Squad, New Hampshire State Police, or Military Ordnance to disarm device.
• Tagged and packaged evidentiary items are to be made safe. Fireworks are tagged and secured in the impound lot.

Controlled and Narcotic Drugs

• Submit evidence into evidence in secure tamper-proof containers, and evidence tape to seal those manufactured without tamper-proof seal.
• Attach a completed Evidence Examination Request (DSSP 20) to drug evidence requiring lab analysis. Photograph drug evidence prior to entering, with the case number/property number visible.
• Officer must weigh the drugs, if weight is the element of the offense.
• Evidence Officers or designee transport drug evidence requiring lab analysis to State Police Forensic Laboratory in Concord, following outlined chain of custody.
• Drug evidence containing Fentanyl should come into any courthouse unless authorized by the presiding judge.

Alcoholic Beverages

• Confiscated alcohol is labeled and placed into evidence via temporary storage locker, there is no need to place in separated a separate evidence bag.

Sexual Assault Kits

Officers that receive a completed kit from Parkland Medical Center personnel or medical facility personnel must:

• Seal clothing and other evidence specimens seal in separate paper or cardboard containers.
• Dry all wet evidence prior to packaging
• If evidence is wet, air-dry and place in paper evidence bags
• Seal urine specimen in a plastic bag and NEVER INSIDE THE EVIDENCE KIT
• Seal Envelopes containing evidence with self-adhesive envelopes or tape
• Paper bags should be sealed with tape, never staples

Bulk Evidence and Property

• Property seized or obtained that is too large to fit into a temporary evidence locker.
• Vehicles and OHRV's are stored at the impound lot behind the police department.
• Officers recovering bicycles stores may be stored on utilizing the steel cable.
• The officer place a property label in a "orange container" and tie to the bicycle with string
• The officer shall place a copy of the evidence label in temporary evidence mail slot.
• OHRV's and other large items. will be labeled with their property number and placed to the fence alongside the impound Lot
• The officer shall place a copy of the evidence label in temporary evidence mail slot.
• Label vehicles with the property number, then backing them in along the rear fence.
• The officer shall place a copy of the evidence label in temporary evidence mail slot.
• Vehicle keys shall be assigned a separate property number and stored in a temporary evidence locker, with keys not to be held in other locations

Media Storage Discs

• All discs will be packaged in a white disc envelope bearing the evidence label.
• efforts will be made to transfer thumb drives/flash drives to discs if its is possible
• In the instance they accept the original thumb drive/flashdrive, only proceed would data that doesn't exceed the capacity of a DVD/CD.
• Officers should ask for 2 copies of a disc to be provided; the first will be placed into evidence, with the second being submitted for prosecution

Department Video and Audio Recordings

• Video and audio recordings captured during the booking process will be saved as evidence.
• Dispatch will make the copy and label the disc/thumb drive with case number, date, & name.
• Then it will be submitted to the Shift Commander for a storage in the evidence locker, or be given a member of the Command Staff, Prosecution, or Records Unit per G.O
• The officer making the interview shall make sure that the disc is placed in a a temporary evidence locker at the conclusion.
• Salem Police HQ officers with evidence may request footage from a member of the Command Staff , Shift Commander, etc

Property Return Process

• With any given evidence, make all efforts to return to the owner at the earliest time possible. To do so:
• The Evidence Officers must verify that the person identity, and take care to return it to the proper owners In some cases, owner has consent to make photo to be uploaded to case, with the owner keeping it to show it later

Disposition of Unclaimed or Found Property

At the completion of the retention period, the Evidence Officer(s) shall make an effort to dispose of all property that cannot be returned to the owner. This shall be done consistent with all state and federal laws. To do so you must :

• Give all unclaimed money property to the town,
• List all valuable property for auction, and give all funds to the town
• For firearms contact the court for its forfeiture, and the court shall dispose of it
• Narcotic drugs will be disposed consistently by the state.

Forfeiture of Property/Evidence

• You must require written documentation, if an individual don't want the evidence/property to be returned.
• Send the documents to the evidence officer. Then they must document the owner does not want property back

Storage of Evidence for other Agencies

Law Enforcement agencies may be allowed to use our police storage only if;

• Follow the outlined procedures
• The evidence originated as a result of a crime-related incident
• The size of the evidence does not seem overwhelming

Destruction and Disposal of weapons and drugs

• All substances identified will be boxed and sealed.
• evidence will get rocked superior court order to get items destroyed, and must follow rules for to follow to conduct these actions,

Security

• An officer should never give up keys or cards, unless to the authorized.
• Other then authorized personnel can enter the room (Detective, Lieutenant)
• The items property will have some extra secure areas to be stored to include:
• Having Guns and drug in cabinet, but in locked room with it.
• Have cabinets in a locked room

Inspections

• When assigned officer is being transferred, the new officer will assign a design to ensure its being annotated.
• Will follow a inspection. and inspection must occur annually.
• Ensure procedures are followed to adhere controls of evidence.
• Chiefs direct to ensure one inspection is done.