Virginia Department of Forensic Science Evidence Handling & Laboratory Capabilities Guide PDF

Revised 12/16/2022 VIRGINIA DEPARTMENT OF FORENSIC SCIENCE EVIDENCE HANDLING & LABORATORY CAPABILITIES GUIDE EVIDENCE RECEIVING SECTION Contact Information If you have any questions concerning your evidence submissions or evidenc...

Revised 12/16/2022 VIRGINIA DEPARTMENT OF FORENSIC SCIENCE EVIDENCE HANDLING & LABORATORY CAPABILITIES GUIDE EVIDENCE RECEIVING SECTION Contact Information If you have any questions concerning your evidence submissions or evidence handling procedures, please call the Training Section or the Evidence Receiving at the Forensic Laboratory that services your area. Laboratory Section Contact Phone Number Central Nicole Brooks (804) 588-4152 Northern Kathryne Hudson (703) 334-9766 Eastern David Kvello (757) 355-5967 Western Chris McVey (540) 283-5906 Program Manager Ellen Spain (804) 588-4027 © 2022 Virginia Department of Forensic Science General Submission of Evidence - Page 1 of 11  Revised 12/16/2022 GENERAL SUBMISSION OF EVIDENCE REQUEST FOR LABORATORY EXAMINATION The Request for Laboratory Examination (RFLE) form is designed to permit personnel in the laboratory to serve you in a more efficient and orderly fashion. This form provides an evidence “receipt” for the submitter. The chain of custody for the evidence submission by, and return to, the submitting agency is documented on the RFLE. The form should be completed by the investigating officer prior to being hand-carried or mailed to the laboratory with the evidence. With this procedure the person receiving the evidence will be able to process the request much more rapidly. When executing this form, print neatly using a ball point pen. The form should be resting on a hard surface. This will permit the last copies to be legible. PLEASE PRINT LEGIBLY. Corrections should be made on all copies. All corrections on a RFLE should be lined through, initialed and dated by the submitting officer. When submitting multiple items of evidence in a case that includes a DUI/DUID kit, it is recommended that the DUI/DUID kit be submitted on a separate RFLE. Submitting the DUI/DUID kit on a separate RFLE will allow for a more timely return of other evidence submitted in the agency’s case. *Reminder: DUI/DUID kits submitted for implied consent cases do not require an RFLE for submission, only the DUI/DUID Submission Information Sheet. When mailing evidence and the completed request form to the laboratory please detach the last copy of the form, which is to be retained by you for your records, and mail the original and remaining three copies. In those instances where the officer is hand carrying the evidence to the laboratory, the entire request form (including all copies) should accompany the evidence. Upon accepting the evidence, the examiner or evidence receiving officer will sign the request form and return a copy to the submitting officer to serve as a receipt. Please note the FS Lab # and have it available if you call to inquire about your case. When submitting RFLEs via email or facsimile, be sure to indicate in the email or fax cover sheet who will be submitting the evidence to the laboratory. And, in these instances, the RFLE needs to describe the evidence containers. For example: Item #1 a plastic bag containing (describe the item) or Item #2 a paper bag containing (describe the item). The RFLE is a communication device and should be used to clearly communicate the examinations and/or comparisons desired. Remember to have a clear investigative reason for the submission. With potential biological evidence, stamp or note on evidence "Biohazard" in red or affix a biohazard warning sticker. Include HIV (AIDS) warning, if applicable. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 2 of 11  Revised 12/16/2022 Do not mail WET biological evidence. Do not mark directly onto an item of evidence with a scribe, pen or other instrument unless specifically prescribed to do so in discipline specific sections of the Evidence Handling Guide. Stapling is not an appropriate method for sealing evidence containers and should NEVER be used with document evidence. SAMPLE RFLE KEY A brief explanation of the various sections on the form is presented below. Each explanation is numbered to correspond with the specific section on the accompanying example request form (DFS Document Number 100-F100) on page 5. 1. The first and last name of the investigating officer to whose attention the results of the examination are to be directed. 2. Your agency telephone number, including area code. If available, also include your cellular #. This makes communication easier. 3. An email address where you can be easily reached. This keeps open the lines of communication between laboratory personnel and investigators when their work hours do not coincide. 4. The full name and address of the submitting agency, including zip code. 5. The case number assigned to this specific investigation by your agency. The inclusion of this number will greatly enhance communications between the laboratory and the submitting agency. 6. If the submission is a second or subsequent submission in the same investigation and you know our FS Lab #, please indicate in this space. 7. Full name(s) of the victim(s). If name(s) are unknown it should be listed as "Unknown". Do not use abbreviations or nicknames unless the full name is not available. If the offense is one in which IBR reporting lists the victim as “Society” or “Commonwealth of Virginia”, DO NOT list the victim as such on the RFLE. Simply leave the area blank. 8. List the date of birth (DOB), race, sex, and any other pertinent descriptive information about the victim. This information may be of value in aiding the examiner during the examination of certain evidence or when communicating with various agencies involved with the particular case. 9. Full name(s) of the suspect(s). If name(s) are unknown, it should be listed as "Unknown". 10. List the date of birth (DOB), race, sex, and any other pertinent descriptive information about the suspect. This information may be of value in aiding the examiner during the examination of certain evidence or when communicating with various agencies involved with the particular case. 11. The date or approximate date that the offense occurred; the type of offense (e.g., rape, © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 3 of 11  Revised 12/16/2022 burglary, death investigation, illegal whiskey). (Please submit only one incident per request form). 12. The projected date of trial in which results of examination will be needed for litigation. Also please indicate the court level (Circuit, Juvenile or District). 13. Give a brief but specific statement of what occurred and how. If additional space is needed to adequately communicate pertinent facts, you may include a separate document with more information such as an investigative summary from your agency, etc. 14. Indicate the jurisdiction where offense occurred (e.g., Mid-City, VA). (Do not use FIPS Code or ORI #). 15. Indicate how the evidence is to be returned to you. If it is to be picked up by you or your representative, please arrange to do so as soon as possible after receiving the examination results. Evidence storage space is extremely limited. Personal pick-up should apply to large or fragile evidence. It is advisable to call the laboratory before traveling to pick up evidence. 16. List (itemize) and describe all evidence being submitted, include descriptive data when available (e.g., item number, name, make, model, color, size, serial number). State the manner of preservation as well as packaging information when applicable. When submitting RFLEs via email or facsimile, the RFLE needs to describe the evidence containers. For example: Item #1 a plastic bag containing (describe the item) or Item #2 a paper bag containing (describe the item). After each item, designate the requested examinations. Do not duplicate item numbers in a single case (e.g., under same case #). This is particularly important when making subsequent submissions. 17. The printed name of the individual submitting evidence to the laboratory. 18. Signature of individual whose name appears in space #17 and the date the evidence is being submitted. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 4 of 11 Virginia Department of Forensic Science Gray Areas are forRevised DFS Use Only 12/16/2022 Request for Laboratory Examination Investigating Officer(s): Investigator William E. Jones FS Lab #: Sub #: Telephone #: (804) 555-2222 Email Address: [email protected] Agency and Address: Mid City Police Department TRAINING FORM ONLY 1000 E. Main Street Mid City, VA 23007 Agency Case Number: 20220620-1234 Previous Submission? If yes, previous FS Lab #: Names of Victims (Last, First, Middle): JOHNSON, Edward, W. DOB: 2/6/1981 Race/Sex: N/A (Friendly Loan Company) Names of Suspects (Last, First, Middle): MEAN, Joe, B. DOB: 12/9/1980 Race/Sex: W/M Date/Type of Offense: 6/30/22 Burglary Court Date: October 3, 2022 District  Circuit  Juvenile Federal Brief Statement of Fact (continue on separate page if necessary): One or more persons entered the Friendly Loan Co. at 1 N. Main Street. Jurisdiction of Offense: Mid City, VA Entry was gained through a glass window in the rear alley. A lockbox had been pried open. A large amount of cash and checks were taken. Specify manner of return of evidence:  Mail   Personal Pick-up Container Evidence Submitted: Itemize and Describe Evidence and Designate Requested Examinations Item 1. Swabs of red stain from carpet, air dried: Forensic Biology - analyze for DNA, compare to item 24. Item 2. One (1) cigarette butt: Forensic Biology - analyze for DNA, compare to item 24. Latents - analyze for latent prints, compare to item 20. Item 4. Lockbox: Latents - analyze for latent prints, compare to item 20. Firearms - examine for toolmarks, compare to item 26. Item 6. Two (2) blank checks: Latents - analyze for latent prints, compare to item 20. Item 15. Known glass samples from scene: Trace - use for comparison. Item 20. Known inked fingerprints and palm prints of Joe B. Mean: Latents - use for comparison. Item 21. Suspects clothing, one (1) brown shirt and one (1) pair gray pants. Trace - examine for glass, compare to item 15. Item 24. Known buccal swabs from Joe B. Mean, air dried: Forensic Biology - use for comparison. Item 26. Screwdriver: Firearms - use for comparison. Page 1 of 1 This evidence is being submitted in connection with a criminal investigation and has not been examined by another laboratory. Tests performed utilize methods which are available on the Department website. Submitting Officer (print): William E. Jones Relinquished by (print): Sign: William E. Jones Date: 7/01/22 Sign: Date: Received by (print): Received by (print): Sign: Date: Sign: Date: Request for Laboratory Examination DFS Document 100-F100 Issued by: Deputy Director Revision Number 0 Issue Date: 14-August-2008 Page 1 of 1  Revised 12/16/2022 EVIDENCE MAILING INSTRUCTIONS Any items of evidence packaged and mailed to the Department of Forensic Science (DFS) should bear the appropriate address of the submitting agency. Several mailing services can be used for mailing evidence such as UPS, Federal Express, or the U.S. Postal Service. When using the U.S Postal Service for transmittal of evidence, it is necessary to maintain the proper chain-of-custody. To maintain reasonable control over evidence in this matter, it is suggested that the evidence be mailed by registered mail using the proper return receipt. This method of shipment allows the sender to maintain security of their evidence, the proper chain-of-custody of their evidence and a written record of the various stages of transmittal is completed by the U.S. Postal Service. Use a street or route number in your return address so that the evidence may be returned to you by courier. If mailing general correspondence without evidence, law enforcement agencies may use the name of the examiner or section in the address. Package item(s) of evidence in a sealed, initialed evidence container(s). Complete the RFLE. Place the evidence container and the RFLE (original plus 3 copies) in a larger envelope or box for mailing. REMINDER: Prohibited items include: firearms and ammunition, explosives, flammable liquids, petroleum distillates and caustics. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 6 of 11  Revised 12/16/2022 SUBMISSION REMINDERS Please specify your agency’s name and your agency’s/precinct’s address where you want the report sent. When mailing evidence, please place the RFLE inside the mailing container but outside of the evidence container (see previous page for instructions). This assures that the evidence security is not compromised during the receiving process. When addressing the mailing container, please indicate “Attention: Evidence Receiving” rather than the name of the forensic scientist assigned to the case. Place an agency phone number rather than a home phone number on the submission form. This will allow the analyst to contact you if there is a question. An agency phone number assures that someone is available to at least take a message and contact you. If available, include the e-mail address and a cellular # for the primary investigator assigned to the case to ensure quick communication. Type or print legibly with a ballpoint pen on your request form. This form is used to relay information which is rendered useless if the analyst can’t read it. PLEASE USE JURISDICTION NAME to indicate jurisdiction of offense. DO NOT USE FIPS CODE or ORI #. Indicate the court date and the type of court (i.e., District, Circuit, etc.). Do not indicate preliminary or arraignment dates. Clearly describe the type of evidence container and the item(s) being submitted. Use a different item number for each item of evidence submitted under a FS Lab #. If resubmission of the item of evidence is required, reuse the item number originally assigned to the item of evidence. Do not duplicate item numbers that have already been assigned in a previous submission. Each item listed as being in the evidence container must have an item number which corresponds with item numbers written on the RFLE. If not, DFS will assign item numbers. Latent print cards, which are often carried in by hand, must be properly packaged, sealed and protected. Evidence containers must be at least 5x7 inches in size to accommodate the DFS bar code label that is attached to the container for tracking purposes. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 7 of 11  Revised 12/16/2022 Each evidence container should include the following MINIMUM information, agency case number (if available), the item number and a description of the item. Item number Item description Agency case number A secure seal is necessary for chain of custody. However, do not tape excessively. This makes evidence handling in the laboratory difficult. Evidence Seals: An acceptable seal is one that prevents ready escape of the evidence and will be clearly damaged or altered if broken to permit entry. Intact manufacturer seals do not need to be re-sealed with additional tape. Personnel sealing evidence must place their initials or mark on, across or under the seal. Envelope flap / bag Intact manufacturer seals sealed with tape No tape required and initialed © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 8 of 11  Revised 12/16/2022 When submitting evidence in a cardboard box (e.g., gun boxes) and a Trace Evidence or Forensic Biology examination is being requested, seal all openings where evidence may readily escape. Box openings sealed with tape Zip tie through perforated holes sealed with tape Have the FS Lab # available when picking up or checking on a case. If a case becomes inactive either by refusal to charge, dismissal or plea agreement, contact DFS. This will allow DFS to prepare the submission to be returned to the agency. Additional packaging guidance can be found under Paper Evidence Fold and Clothing in Paper Baffles. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 9 of 11  Revised 12/16/2022 RECOMMENDED SAFETY PROCEDURES FOR FIREARM SUBMISSION Removal of Magazine: All magazines must be removed from firearms. The magazine should be unloaded if DNA or Latent Fingerprint examinations are NOT being requested. In order to submit cartridges or shotshells for a comparison examination do not submit them in the same package as the firearm. Package them in a separate rigid or padded container (see Policy Notice – New Packaging Requirements for Firearms and Ammunition Submissions). It is not necessary to submit cartridges or shotshells when only NIBIN and/or Function exams are being requested. It is acceptable to leave cartridges in a magazine, packaged in a separate rigid or padded container from the firearm, especially if DNA or Latent Print examinations are being requested on the cartridges or the magazine itself. If cartridges are being submitted for DNA or Latent Print exams, package them in a manner which best preserves that type of evidence. Demonstrate Safe Condition: It is strongly recommended that a safety appliance (chamber flag, safety block or zip-tie) be placed in or through the action of a firearm prior to laboratory submission. For pistols, remove the magazine and clear the chamber. With the slide pulled rearward, insert a chamber flag into the barrel through the open ejection port then advance the slide forward to hold the flag in place. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 10 of 11  Revised 12/16/2022 Alternatively, after removal of the magazine and clearing of the chamber, a plastic zip-tie can be run through the empty magazine well and out the ejection port. For revolvers, after all chambered cartridges have been removed a plastic zip-tie can be looped through two empty chambers, preventing the cylinder from closing. Note: Exceptions include submissions when a firearm cannot be unloaded due to rust/damage or firearms that have been sealed in water for submission or some other exceptional condition. In these instances, submitting agencies should have a pre-arranged delivery appointment with the Evidence Receiving and Firearms Section personnel. Packaging It is strongly recommended that each firearm be submitted in a separate container, preferably a window box or other container (for example, a heavy duty expansion envelope or gun box with viewable window), through which the firearm can be visually determined to be in a “safe” condition. © 2022 Virginia Department of Forensic Science General Submision of Evidence - Page 11 of 11