Hollywood Police Department SOP 270 - Property & Evidence PDF

SOP HOLLYWOOD POLICE DEPARTMENT #270 PROPERTY & EVIDENCE ORIGINATION DATE: 11/01/2001 REVISED DATE: 09/15/2023 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: The purpose of this SOP is to provide uniform procedures for the preservation, storage, safe-keeping, and disposal of found, abandoned, recovered, and evidentiary property obtained by the Hollywood Police Department and submitted to the Property & Evidence Unit as a result of a Law Enforcement investigation. SCOPE: This SOP applies to all members of the Department. POLICY: It is the policy of the Hollywood Police Department to ensure that Property & Evidence in its custody are properly handled, collected, secured, stored, processed, and readily retrievable in a manner that preserves its condition during and after collection. INDEX: PROCEDURE:.............................................................................................................................................. 4 I. GENERAL PROCEDURES................................................................................................................... 4 A. REQUIRED REPORT:............................................................................................................................. 4 B. PROPERTY TO BE RETURNED TO OWNER:.............................................................................................. 4 C. PROPERTY SUBMISSION ROOM:............................................................................................................ 5 D. PROPERTY LOGGING:........................................................................................................................... 5 E. PACKAGING:......................................................................................................................................... 5 F. PACKAGE LABELING:............................................................................................................................. 5 G. TIME STAMPING:................................................................................................................................... 5 H. FORM SUBMISSION:.............................................................................................................................. 5 I. PROPERTY SUBMISSION:....................................................................................................................... 5 J. PROPERTY SUBMISSION TIMEFRAME:.................................................................................................... 5 K. AFTER-HOUR PROPERTY & EVIDENCE UNIT CALL-OUT:......................................................................... 6 II. PROPERTY ACCEPTED BY THE PROPERTY & EVIDENCE UNIT.................................................. 6 A. PROPERTY SUBMITTED AS EVIDENCE:................................................................................................... 6 B. ABANDONED OR FOUND:....................................................................................................................... 6 C. SAFE KEEPING:.................................................................................................................................... 6 III. PROPERTY NOT GENERALLY ACCEPTED BY THE PROPERTY & EVIDENCE UNIT............... 7 A. STOLEN AND RECOVERED PROPERTY:................................................................................................... 7 SOP 270 Property & Evidence Page 1 of 34 B. TRANSPORTATION (CONVEYANCES):..................................................................................................... 7 C. PERISHABLE ITEMS:.............................................................................................................................. 7 D. NEEDLES AND SYRINGES:..................................................................................................................... 7 E. WEAPONS OF MASS DESTRUCTION (WMD), HAZARDOUS MATERIALS, EXPLOSIVES:............................... 7 F. VEHICLE AIRBAGS:............................................................................................................................... 7 G. ABANDONED ITEMS DISPOSED OF ON PUBLIC PROPERTY:....................................................................... 7 H. COMPRESSED GAS CONTAINERS:.......................................................................................................... 8 I. LIVE ANIMALS....................................................................................................................................... 8 IV. GENERAL GUIDELINES FOR CHOOSING THE APPROPRIATE PROPERTY FORM................. 8 A. HOLLYWOOD PROPERTY FORM:............................................................................................................ 8 B. HOLLYWOOD FIREARM PROPERTY FORM:.............................................................................................. 8 C. CURRENCY PROPERTY FORM:............................................................................................................... 8 D. BSO PROPERTY RECEIPT:.................................................................................................................... 8 E. BSO SUBMISSION OF EVIDENCE FORM:................................................................................................. 8 F. BROWARD COUNTY MEDICAL EXAMINER’S OFFICE PROPERTY RECEIPT:................................................. 9 G. SEXUAL ASSAULT KIT SUBMISSION FORM:............................................................................................. 9 V. SUBMISSION OF PROPERTY AND EVIDENCE............................................................................... 10 A. OVERALL GUIDELINES FOR THE SUBMISSION OF PROPERTY AND EVIDENCE:.......................................... 10 B. GUIDELINES FOR THE SUBMISSION OF PROPERTY USING A HOLLYWOOD PROPERTY FORM:................... 10 C. GUIDELINES FOR THE SUBMISSION OF PROPERTY & EVIDENCE USING A BROWARD SHERIFF‘S OFFICE PROPERTY RECEIPT:................................................................................................................................. 10 D. SEALING, LABELING & MARKING PROPERTY & EVIDENCE PRIOR TO SUBMISSION FOR STORAGE:........... 10 E. PACKAGING OF NON-NARCOTICS RELATED FOUND, ABANDONED, RECOVERED, AND EVIDENTIARY PROPERTY PRIOR TO SUBMISSION FOR STORAGE:...................................................................................... 11 F. PACKAGING OF NARCOTICS AND NARCOTICS-RELATED EVIDENCE PRIOR TO SUBMISSION FOR STORAGE: 11 G. RELEASING OF NARCOTICS:................................................................................................................ 13 H. PRESCRIPTION MEDICATION:............................................................................................................... 13 I. USING PROPER CONTAINERS FOR LIQUIDS:......................................................................................... 13 J. LIQUID EVIDENCE OBTAINED BY THIRD PARTIES:.................................................................................. 14 K. NARCOTIC MANUFACTURING EQUIPMENT:............................................................................................ 14 VI. SUBMISSION AND HANDLING OF SPECIAL PROPERTY AND EVIDENCE.............................. 14 A. VALUABLES AND JEWELRY:................................................................................................................. 14 B. CURRENCY:........................................................................................................................................ 14 C. FIREARMS AND WEAPONS:.................................................................................................................. 15 D. AMMUNITION:..................................................................................................................................... 17 E. FIREARMS AND AMMUNITION SURRENDERED PURSUANT TO A RISK PROTECTION ORDER:...................... 17 F. KNIVES AND SHARP OBJECTS:............................................................................................................. 17 G. TASER CARTRIDGES:.......................................................................................................................... 17 SOP 270 Property & Evidence Page 2 of 34 H. STAPLES:........................................................................................................................................... 17 I. PERISHABLES:.................................................................................................................................... 18 J. PHYSICAL EVIDENCE (SHORT LIVED):.................................................................................................. 18 K. BIO-HAZARDOUS MATERIALS:............................................................................................................. 18 L. WHOLE BLOOD/SEMEN/URINE:........................................................................................................... 19 M. NEEDLES AND SYRINGES:................................................................................................................ 19 N. HAZARDOUS MATERIALS:................................................................................................................ 19 O. EXPLOSIVES, FIREWORKS, AND FLAMMABLE LIQUIDS:....................................................................... 20 P. BICYCLES:.......................................................................................................................................... 20 Q. VEHICLES:...................................................................................................................................... 20 R. RECORDED EVIDENCE:....................................................................................................................... 21 S. SEXUAL ASSAULT KITS:...................................................................................................................... 21 VII. TEMPORARY PROPERTY DROPS................................................................................................ 21 A. GENERAL PROPERTY & EVIDENCE DROP BOX:.................................................................................... 21 B. LARGE QUANTITIES OF NARCOTICS (AFTER NORMAL BUSINESS HOURS):................................................ 21 C. EVIDENCE FOR ANALYSIS:................................................................................................................... 21 D. REFRIGERATED SECURE STORAGE:.................................................................................................... 22 E. BULK STORAGE:................................................................................................................................. 22 F. EVIDENCE DRYING ROOM:.................................................................................................................. 22 G. BIKE COMPOUNDS:............................................................................................................................. 22 H. VEHICLE AND MISCELLANEOUS STORAGE COMPOUNDS:....................................................................... 22 I. REMOTE EVIDENCE PROCESSING & STORAGE SITE:............................................................................. 23 J. OTHER LOCATIONS:............................................................................................................................ 23 VIII. RELEASE OF PROPERTY & EVIDENCE TO OWNERS, CUSTODIANS, OR AUTHORIZED REPRESENTATIVES................................................................................................................................. 23 A. RELEASING PROPERTY & EVIDENCE TO THE PUBLIC:............................................................................ 23 B. TEMPORARY AND FINAL RELEASE OF PROPERTY & EVIDENCE TO CASE INVESTIGATORS OR AUTHORIZED REPRESENTATIVES:................................................................................................................................... 24 C. TRANSFER OF CURRENCY TO THE FISCAL AFFAIRS UNIT IN PENDING CASES:........................................ 25 D. RELEASE OF PERSONAL PROPERTY BELONGING TO INJURED OR DECEASED PERSONS:......................... 26 E. RELEASE OF FORFEITURE CURRENCY:................................................................................................ 26 F. RELEASE OF CURRENCY:.................................................................................................................... 26 G. RELEASE OF SEXUAL ASSAULT KITS:................................................................................................... 26 H. RELEASE OF FIREARMS:...................................................................................................................... 26 I. RELEASE & DISPOSAL OF FIREARMS & AMMUNITION SURRENDERED PURSUANT TO A RISK PROTECTION ORDER...................................................................................................................................................... 27 IX. DISPOSITION OF FOUND, ABANDONED, RECOVERED, AND EVIDENTIARY PROPERTY.... 27 A. FELONY CASES:................................................................................................................................. 27 B. TOWED VEHICLES:.............................................................................................................................. 27 SOP 270 Property & Evidence Page 3 of 34 X. LOST OR ABANDONED PROPERTY................................................................................................ 28 A. FOUND OR RECOVERED PROPERTY:.................................................................................................... 28 B. CLAIMING PROPERTY-NOTIFICATION:................................................................................................... 28 XI. PROPERTY & EVIDENCE UNIT..................................................................................................... 28 A. ENTERING THE PROPERTY & EVIDENCE ROOM:.................................................................................... 28 B. PROPERTY INVENTORY ACCOUNTABILITY:............................................................................................ 28 C. EVIDENCE INVENTORY ACCOUNTABILITY:............................................................................................. 29 D. GENERAL RESPONSIBILITIES OF THE POLICE SUPPORT SERVICES MANAGER:........................................ 30 E. ITEMS REQUIRING EXTRA SECURITY:................................................................................................... 31 F. PROPERTY RECORDS:........................................................................................................................ 31 G. CHANGE OF PROPERTY PERSONNEL:.................................................................................................. 31 H. LOST, MISSING OR STOLEN ITEMS:...................................................................................................... 31 XII. DESTRUCTION AND DISPOSAL OF PROPERTY AND EVIDENCE:.......................................... 31 A. PROPERTY CLERKS WILL DESTROY OR DISPOSE OF ALL ITEMS BY THE FOLLOWING GUIDELINES:.............. 32 XIII. DEFINITIONS:................................................................................................................................. 33 A. ABANDONED PROPERTY:............................................................................................................. 33 B. CASE AGENT:................................................................................................................................. 33 C. CONTRABAND ARTICLE:............................................................................................................... 33 D. CRIME SCENE:................................................................................................................................ 33 E. CURRENCY:.................................................................................................................................... 33 F. EVIDENCE:...................................................................................................................................... 33 G. FORFEITURE LEGAL PROCEEDINGS:......................................................................................... 33 H. FOUND PROPERTY:....................................................................................................................... 33 I. PROPERTY:..................................................................................................................................... 33 J. VALUABLES:................................................................................................................................... 33 PROCEDURE: I. GENERAL PROCEDURES A. Required Report: All members are required to complete a Field Report and HPD Form (see Appendix A) when they take possession of property and/or evidence. The Field Report will detail the circumstances by which the property and/or evidence came into the member’s possession and describe each item of property and/or evidence obtained and its’ disposition. B. Property to be returned to Owner: All members are responsible for returning property found, abandoned, or processed as evidence of a non-serious felony or misdemeanor to the rightful owner. Such property and/or evidence will be returned to the owner prior to the end of the member’s shift. Those items that cannot be returned in this time frame will be submitted to the Property & Evidence Unit by the end of the Member’s shift and documented in the Field Report the reason(s) the items could not be returned. SOP 270 Property & Evidence Page 4 of 34 C. Property Submission Room: The Department’s Property Submission Room is available for members, on a 24-hour basis, to complete all necessary forms and packaging when submitting property and/or evidence. This room is a safe location for temporarily storing property and/or evidence if the Property & Evidence Unit is closed. This room contains the Department’s temporary storage lockers, packaging material, scales, and refrigeration. D. Property Logging: All Property & Evidence submitted to the Property & Evidence Unit will require each item to be fully described and logged on the appropriate form. E. Packaging: Members are required to submit each piece of property and/or evidence which is listed separately on the HPD Property Form in its’ own individual package or if the item is: 1. Currency 2. Narcotics 3. Firearms 4. Jewelry Example: If a member submits a wallet containing numerous separate items but only lists the item as “wallet,” the member can place the wallet and its contents in one package. However, if the wallet contains any of the above-listed items or if an item needs to be separated from the group of items because of its relevance to the investigation, then that item must be placed into its own individual package. F. Package Labeling: Each individual package submitted to Property & Evidence Unit will receive its’ own label before being placed into a bundled package if multiple items are submitted using one HPD Property Form. G. Time Stamping: All HPD Property Forms will be time-stamped in the area provided. H. Form Submission: If available, the original HPD Property Form will be stapled to the individual or bundled package, submitted to a Property Clerk, or placed into a temporary storage locker. The Yellow Copy of the HPD Property Form can be retained by the member, if needed, for investigative purposes or be provided to the owner or person who found the property if submitted as evidence, found, or safekeeping. I. Property Submission: Property and/or evidence will be submitted to the temporary drop location in the submission room unless it requires direct submission to the property room. J. Property Submission Timeframe: All property and/or evidence will be submitted to the Property & Evidence Unit as soon as possible. In all cases, it will be submitted before the end of the submitting member’s shift. All documentation for any submitted property and/or evidence, including any HPD property forms (see Appendix A), BSO property forms (see Appendix B), Currency forms (see Appendix C), Forfeiture Analysis forms (see Appendix D), or Firearm property forms (see Appendix H), must be completed before the end of the submitting member’s shift. After completion, all Forfeiture Analysis forms must be submitted to the Legal Advisors Office before the end of the shift. SOP 270 Property & Evidence Page 5 of 34 SPECIAL NOTE: Under no circumstances will any property be kept in a member's personal possession beyond the end of their shift. (Locker, Vehicle, Desk, etc.) Crime Scene Technicians who collect evidence requiring further documentation, examination, and/or processing may temporarily store such evidence in the Crime Scene Unit’s secured lab. This evidence may be kept there pending the required documentation, examination, and processing. K. After-Hour Property & Evidence Unit Call-Out: 1. Property and/or evidence items too large for bulk storage or that may require direct submission into the Property Room may require the call-out members of the Property & Evidence Unit. Members submitting any of the below items into the Property & Evidence Unit will notify their supervisor, who will facilitate a Property & Evidence Member call-out via Teletype: a. 25 pounds or more of marijuana; b. 1 or more kilos of cocaine; c. $50,000.00 or more in valuables; or d. $10,000.00 or more in American currency. II. PROPERTY ACCEPTED BY THE PROPERTY & EVIDENCE UNIT A. Property Submitted as Evidence: 1. Evidence is an item that tends to assist in the prosecution of a case. Valuables and/or perishables confiscated in felony or misdemeanor cases will be photographed, processed, and returned to the owner with the following exceptions: a. The owner is a suspect. b. The item requires further processing. c. The item is intended for forfeiture. d. The item was used in a commission of a crime. B. Abandoned or Found: Property of value found by a citizen or abandoned on the public right-of-way will be retained by the Department for 90 days. However, it is the member’s responsibility to return the property to the owner, if possible, before submission. If it is necessary to submit the item, the member will: 1. Query the item through NCIC/FCIC. 2. State in their Field Report the steps undertaken to return the property to the rightful owner. 3. Give the citizen the option to make a claim to the property if the rightful owner cannot be found pursuant to 705.102 f.s. a. If the Citizen wishes to make a claim, the citizen will be instructed that within 3 business days, they must: (1). Place the Department on notice by contacting the Department‘s Property & Evidence Unit. (2). Pay a $25 deposit to the Department’s Records Unit to cover the costs of transportation, storage, and publication notice. Such a deposit will be reimbursed to the citizen by the rightful owner if they reclaim the property. b. To ensure compliance, members will have the Citizen sign the “Claiming Found Property” section on the reverse side of the original Hollywood Property Form. C. Safe Keeping: 1. Property items submitted as “safekeeping” are those items that have an identifiable owner and no evidentiary value. 2. The Department will dispose of these items after 90 days from the date it was submitted. Items of safekeeping include: SOP 270 Property & Evidence Page 6 of 34 a. Guns and weapons taken into custody at a domestic disturbance or similar incident. b. Property recovered at a death investigation where no responsible next of kin are present (see SOP #247 Death Investigations Sec. VI B). c. Property that cannot be transported with an arrestee, such as bicycles or large bags of arrestee property. III. PROPERTY NOT GENERALLY ACCEPTED BY THE PROPERTY & EVIDENCE UNIT The following categories of property will not be accepted for submission. These items will be processed, photographed, and either returned to the owner or properly disposed of according to the procedures for that item. The only exception is if the item is evidence in a homicide or serious felony and is submitted at the direction of the Case Investigator. A. Stolen and Recovered Property: Property within this category will only be accepted if the member cannot return the item to the owner/victim by the end of their shift. The member will state in their Field Report what steps were taken to return the item(s). B. Transportation (Conveyances): Incumbent upon an officer’s or investigator’s request, all vehicles, vessels, and bicycles will be processed for their evidentiary value by the Crime Scene Unit or Investigating member and returned to the owner. (see SOP #225 Towed or Impounded Vehicles). C. Perishable Items: These items include foods, plants, liquids, cosmetics, candies, toiletries, etc. The only perishable items that will be accepted include the following: 1. Those perishables used as a weapon in a serious felony. 2. Used to deliver poisons. 3. Illegal substances (e.g., Marijuana) 4. Body fluids Except for plants, these items will be refrigerated and submitted for further analysis by a laboratory. D. Needles and Syringes: Syringes and needles will be photographed for evidentiary purposes and disposed of in a sharps container in the Property Submission Room. The Police Support Services Manager will periodically dispose of the sharps containers. The Broward Sheriff’s Office will not analyze syringes. In the case of a violent crime and with proper packaging, arrangements are made to accept these items and confer with the Broward Sheriff’s Office Lab for analysis. E. Weapons of Mass Destruction (WMD), Hazardous Materials, Explosives: Members will not submit WMD items (biological, chemical, nuclear, radiological, or explosive.) into the Property & Evidence Unit. These items will be photographed and released to the appropriate governmental agency. F. Vehicle Airbags: Vehicle airbags will be turned over to the Broward Sheriff’s Office for disposal after being processed by the Crime Scene Unit upon the request of an officer or investigator. This item will not be submitted to the Property & Evidence Unit. This will not apply to spent vehicle airbags from Traffic Homicide Investigations. G. Abandoned Items Disposed of on Public Property: Abandoned property disposed of on public property in a wrecked, inoperative, or partially dismantled condition, or has no intrinsic value, will be documented in the narrative section of an incident report. SOP 270 Property & Evidence Page 7 of 34 Notification to the Public Works Department will be made for the disposal of the property and noted. These items will not be submitted to the Property & Evidence Unit. Members will follow SOP #263 Abandoned & Hazardous Appliances for further guidance. H. Compressed Gas Containers: Members will not submit compressed gas containers such as spray cans, oxygen tanks, or other pressurized materials. These items will be photographed and disposed of in a safe manner. I. Live Animals 1. If a person is arrested with an animal in their possession, the arresting member should attempt to release the animal to another person, agreed upon by the arrested person and receiving person. If this cannot be accomplished, the Broward County Animal Services Department, the Society for the Prevention of Cruelty to Animals (S.P.C.A.), or the Humane Society will be notified as to the circumstance. 2. The animal(s) may be temporarily placed in one of the kennels behind the police building until one of the above representatives can retrieve them. The Property & Evidence Unit will not accept any animals. IV. GENERAL GUIDELINES FOR CHOOSING THE APPROPRIATE PROPERTY FORM All items submitted into the Property & Evidence Unit will be entered on one of the following forms: A. Hollywood Property Form: This form will be utilized for submitting all property items. (see Appendix A) Property capable of being submitted includes; 1. Evidence 2. Recovered or Found property. 3. Safekeeping property B. Hollywood Firearm Property Form: This form is required to be completed anytime a firearm is submitted into the Property & Evidence Unit. (see Appendix H) An additional Hollywood Property Form is not required unless additional property is being submitted. If the firearm is being sent to the BSO laboratory for testing, a BSO Property Receipt is also required, and the firearm will be securely packaged in a cardboard Firearm Storage Box. C. Currency Property Form: All currency (except counterfeit currency) will be documented on a Currency Property Form (see Appendix C) and an HPD Property Form. The currency will be submitted in a Currency Pouch. D. BSO Property Receipt: This form will be used whenever evidence is submitted to BSO for the following tests: (see Appendix B) 1. Drug Analysis for the presence of controlled substances within an item. Examples of items include; pills, powders, plant matter, and other substances. All drugs and drug-related items submitted to the Property & Evidence Unit also require a completed Hollywood Property form. 2. Firearm Operability Testing for which the firearm was used as an element of the crime. All firearms submitted for such tests also require a completed Hollywood Firearm Property form. E. BSO Submission of Evidence Form: Investigators who require evidence to undergo more definitive testing other than drug analysis and firearm operability testing require the member to complete the BSO Submission of Evidence form (see Appendix J), the BSO Property Receipt, and a Hollywood Property form. Definitive testing conducted by the BSO Laboratory includes: 1. Arson analysis for fire debris analysis to determine the presence of ignitable liquids. SOP 270 Property & Evidence Page 8 of 34 2. Trace Evidence analysis for the analysis of the following: a. Automotive and architectural paint b. Natural and synthetic fiber c. Hair d. Plastic and polymer e. Fracture/tear, cut patterns in glass, plastic, metal, adhesive tape, and cloth fabric. f. Automotive lamps for on/off status at the time of impact. g. Spent vehicle airbags from Traffic Homicide Investigations 3. Serology (DNA) analysis for biological fluids such as blood, semen, saliva, rape kits, and swabs. 4. Forensic Identification analysis for the following tests: a. Firearm operability testing for which the firearm was used as an element of the crime. b. Tool mark comparisons for the following: (1). Projectile and cartridge casings (2). National Integrated Ballistic Information Network (NIBIN) Searches (3). Ammunition Component Identification (4). Detection of gunshot residue on clothing (5). Muzzle to garment distance terminations. (6). Shot pattern determinations. (7). Serial Number restorations (8). General tool mark examinations c. Questioned Document analysis for the following: (1). Signature handwriting comparisons (2). Document authentication to include: (a). Alterations (b). Obliterations (c). Latent indented writing impressions (d). Counterfeiting (e). Photocopy manipulation F. Broward County Medical Examiner’s Office Property Receipt: This form (see SOP #233 DUI Detection & Testing – Appendix Q) will only be used when submitting evidential items that need toxicological analysis, such as testing for the presence of drugs, poisons, and alcohol within human bodily fluids or tissues. Most submissions to the Medical Examiner’s Office are for the detection of alcohol or drugs in DUI cases in the form of blood or urine (see SOP #233 DUI Detection & Testing). G. Sexual Assault Kit Submission Form: All Sexual Assault Kits will be documented on an HPD Property Form. In addition, the member will also fill out the Sexual Assault Kit Submission Form to be submitted with the evidence. (see Appendix L) The form will be filled out completely. The Criminal Investigations Division Major will verify kits not to be tested. SOP 270 Property & Evidence Page 9 of 34 V. SUBMISSION OF PROPERTY AND EVIDENCE All Property & Evidence will be listed on the appropriate form(s) as described in Section IV, “General Guidelines For Choosing The Appropriate Property Form” of this SOP, to include case number, date of the incident, time of the incident, case type, location, owners name, address, and phone number, property status, item, make, model, color, quantity, serial number, where applicable and time of submission to property. All information must be written out. No signals or any other type of abbreviations are allowed. A. Overall Guidelines for the Submission of Property and Evidence: Members submitting Property & Evidence to the Hollywood Property & Evidence Unit, the BSO Lab, or the Broward Medical Examiner’s Office will: 1. Complete all required form(s) as outlined within this SOP. 2. Timestamp each Property sheet. 3. Complete a Mobile Field or Supplemental Report detailing the circumstances by which the property and/or evidence came into the Agency's possession and describing each item of property and/or evidence submitted. 4. Give the property and/or evidence directly to a Property & Evidence Unit member or place the property and/or evidence into one of the secure temporary property drops outlined in this SOP. B. Guidelines for the Submission of Property Using a Hollywood Property Form: 1. All property and/or evidence, except firearms, will be listed on a Hollywood Property Form. 2. Members will complete a Hollywood Property & Evidence form with as much information as possible and/or available. 3. Complete the entire form. 4. The Property Form will be time-stamped when the property is deposited. C. Guidelines for the Submission of Property & Evidence Using a Broward Sheriff‘s Office Property Receipt: All narcotics to be tested require a Broward Sheriff‘s Office Property Receipt. 1. When submitting large quantities of narcotics, send a core sample for testing only. The core sample sent for testing must be a felony amount. (E.g., 100 grams or more of marijuana is recovered; send only a 20–30-gram sample.) 2. All narcotic submissions will reflect the quantity and the narcotics field test (Ex. Valtox) result. D. Sealing, Labeling & Marking Property & Evidence Prior to Submission for Storage: 1. Each item listed on the HPD Property form submitted to the Property & Evidence Unit will be sealed in its own Property & Evidence bag or container. The HPD Property Form will contain the following: a. Date, time, and method of transfer; b. Receiving person’s name and responsibility; c. Reason for transfer; d. Name and location of the laboratory, synopsis of the event, and examinations desired; e. Date and time of receipt in the laboratory; and f. Name and signature of the person in the laboratory receiving evidence. 2. All items submitted to the Property & Evidence Unit will be secured at the seams with evidence tape. Members will date and initial the evidence tape. 3. The submitting member will label the package with initials, badge number, and the date on which the Property & Evidence came into possession of the submitting member, along with the case number. 4. The corresponding Property & Evidence Form must be attached to the exterior of the item or one of the packages being submitted. SOP 270 Property & Evidence Page 10 of 34 5. If unable to package, an evidence tag containing all the information above will be securely attached to the item. 6. Additional marking of evidence (i.e., etching) for evidentiary purposes should depend on the following: a. The severity of the investigation. b. The value of the evidence c. The ability to clearly identify the evidence at a later date. 7. Caution should be used when marking valuable items such as jewelry or weapons so as not to lower or destroy the value of the said item. E. Packaging of Non-narcotics related Found, Abandoned, Recovered, and Evidentiary Property Prior to Submission for Storage: If possible, items will be placed in a package or container slightly larger in proportion than the item being submitted. 1. Members submitting property and/or evidence will ensure that valuables, currency, weapons, and ammunition are packaged separately from each other with the appropriate HPD Property Form or BSO Property Receipt attached securely to each package. Furthermore, members will initiate a Field Report Supplement detailing the circumstances by which the property and/or evidence came into the Agency's possession and describing each item of property and/or evidence submitted. 2. The package or container should be durable enough to contain the property and/or evidence. 3. The package or container should be sufficiently sealed to prohibit leakage and/or tampering. All items should be placed into a brown paper bag or container secured with evidence tape or a sealed plastic bag, depending on the nature of the item. 4. Special hazard labels – members submitting items or containers that consist of or contain potentially dangerous substances will affix a "Caution-Special Hazard" label to the exterior of the packaging containing the item. 5. All currency must be secured in a sealed currency pouch (see Appendix G) and separated from other types of property and/or evidence. 6. The Property & Evidence Unit will only accept personal toiletries when packaged in sealable plastic bags, and all glass items are secured with bubble wrap. Lighters will only be accepted if they have intrinsic value or are listed as evidence. F. Packaging of Narcotics and Narcotics-related Evidence Prior to Submission for Storage: 1. All drugs and drug-related paraphernalia will be submitted with an HPD Property Form. A Broward County Property Receipt will be submitted if the item requires further analysis from the laboratory. The BSO receipt will include the following. a. Name and location of the lab. b. Description of synopsis of the event c. Examination desired if other than narcotics d. Date and time property received in the lab. e. Name and signature of the person receiving property at the lab f. Quantity and Presumptive test result (Ex. Valtox, NIC). 2. All suspect narcotics, marijuana, other controlled substances, and all narcotics paraphernalia impounded by Officers will be transported to the Department. Officers will follow the following procedures: a. Narcotics, marijuana, and drug paraphernalia to be analyzed should be documented on a Broward County Property Receipt; check “Laboratory”; submitted as near to their original state as possible. Do not mix narcotics; when two or more drugs are found together, a separate bag will be used to package each item. The Crime Lab requires items to be submitted separately in order to perform accurate analysis. SOP 270 Property & Evidence Page 11 of 34 b. All narcotics submissions must be weighed on the scale in the property submission room and field tested and sealed to prevent unauthorized tampering. This includes found and/or abandoned narcotics. In addition, capsules, pills, and tablets should be counted unless the volume/number creates an unreasonable task, at which time weighing of the item will be sufficient. c. Information pertaining to weight, count information pertaining to each submission, and field test results will be included on the Hollywood Property Sheet, the Broward County Property Receipt, and within the Field Report. Any amount of narcotics weighing more than 1 pound, 1 kilogram of cocaine, or 25 pounds of marijuana will be taken to Property & Evidence Unit directly for submission. d. The presumptive test results will be noted in the Broward County Property Receipt, the HPD Property Form, and the Field Report. 3. Presumptive tests should not be conducted when: a. Residue only is present, and the amount required to conduct the test would not leave a sufficient amount of the drug for laboratory analysis. b. The danger of conducting a presumptive test outweighs the necessity of conducting the test (i.e., syringe contents or handling of substances like LSD, which can be absorbed through the skin). c. Officers submitting narcotics that are listed as “residue” (cannot be weighed or measured) on the property sheet are required to state what the narcotics are “in” or “on” (“Cocaine residue on a glass pipe or Marijuana residue in a clear plastic bag). 4. All non-plant-based narcotic evidence submitted should be placed into an appropriately sized clear plastic baggie and put into a 6 x 9 envelope or larger. 5. The HPD Property Form on each bag will be completed with all applicable information pertaining to each submission. Note the existence of non-evidentiary drugs by printing "Destroy" across the lower portion of the Form. 6. Prior to sealing the bag, the submitting member will place their initials, badge number, and date on the inside of the drug bag to ensure positive identification. 7. Special considerations pertaining to narcotics packaging: a. Fresh marijuana plants must be cut off at soil level and placed in paper bags, never plastic evidence bags. b. All liquids must be removed from bongs and pipes prior to submission. c. Use extreme caution when handling hypodermic syringes. (see Section VI, K “Needles and Syringes” for further) d. Do not touch suspected drugs such as LSD or PCP without wearing protective gloves, as some drugs can be easily absorbed through the skin. e. Wash hands following all contact with narcotics and paraphernalia. f. Glass or metal “crack” pipes will be packaged in bubble wrap envelopes prior to being sealed in the appropriate-sized evidence submission envelopes. 8. For drug analysis, the lab requires the defendant's full name, race, sex, and date of birth. Officers are to package one drug type per bag. All evidence relating to an arrest will be sent to the lab as soon as possible. 9. In order for paraphernalia and containers to be processed for latent prints, they must be packaged separately from the drug and listed as a separate item on the HPD Property Form. 10. Officers submitting narcotics to the BSO Lab for analysis will submit only the allowed weights. When a subject is being charged with Possession of Marijuana and the total weight is 100 grams or less, the Officer can submit the entire amount. If the total weight is over 100 grams, the Officer shall submit a sample of between 20-30 grams (The sample must be a felony amount). The remainder will be placed into HPD Property as evidence. 11. Crime Scene Technicians will not take controlled substances into custody as evidence. SOP 270 Property & Evidence Page 12 of 34 12. When bags or containers holding a controlled substance need to be processed and it is impractical to remove the controlled substance, the Crime Scene Technician will process the container with the requesting member present. 13. When the processing is completed, the member is responsible for taking custody of the item and entering it into Property. 14. When required for investigation, a sample of the suspected narcotics (marijuana, if baled, otherwise the sealed package of evidence) will be transported to the BSO Crime Lab as soon as possible for analysis. 15. Found Narcotics, Controlled Substances, and Drug Paraphernalia: If the narcotic items found have no evidentiary value, a Hollywood Property Form will be completed and state “TO BE DESTROYED” on the face of the property sheet. The items will be placed in the HPD Property DropBox. A Field Report will document the incident. All found narcotics must be field tested, weighed, or counted and noted on the HPD Property Form. Members should attempt to identify all controlled substances submitted for destruction. It is not necessary to field test drug paraphernalia submitted for destruction. Narcotics found at the scene of a deceased person will be submitted for destruction if not involved in the death. 16. All Drugs and Paraphernalia should be entered as sealed evidence regardless of status. G. Releasing of Narcotics: Narcotics will only be released under the following conditions: 1. Upon transportation to a Lab. 2. To a member for a trial or hearing with a valid subpoena. 3. Upon a Court Order for destruction. 4. Authorized for investigative purposes upon the order of the Chief of Police or his designee. H. Prescription Medication: The Property & Evidence Unit will only accept prescription medication when it is submitted for/as: 1. Evidence 2. Safekeeping (e.g., prisoner property and BSO refuses to accept). 3. Prescribed controlled substances found at the scene of a death will be submitted for destruction. (see SOP 247, section V. B. 2. f.) 4. Found Property – Only if there is an identifiable owner. The member will submit the item for destruction if there is no identifiable owner. I. Using Proper Containers for Liquids: The following procedures will be used for the collection and preservation of liquid evidence: 1. Proper containers will be used to collect and store liquid evidence. a. Vials, small glass, or plastic collection bottles will be used to prevent spillage and contamination. b. Crime Scene Technicians will maintain a supply of containers and make them available when necessary in conjunction with the Property / Evidence Unit. c. The containers will be sealed with evidence tape, initialed, and dated, then placed in an evidence bag. 2. If applicable, The evidence bag will be sealed with evidence tape, properly marked, and identified with a “Biohazard” warning label. 3. Indicate on the HPD Property Form that Bio-Hazardous materials are inside the bag or container. 4. The evidence will be submitted to the Property & Evidence Unit as per this SOP. 5. When submitting liquid or other evidence to the FDLE Crime Lab, members will be governed by the FDLE Evidence Manual. SOP 270 Property & Evidence Page 13 of 34 6. If questions arise regarding the submission of specific evidence or which container should be used for certain liquid evidence, members will contact the pertinent Crime Lab via telephone to obtain advice and direction. J. Liquid Evidence Obtained by Third Parties: Liquid evidence obtained by third parties, such as Doctors, Nurses, or Paramedics for D.U.I., Sex Crimes, etc., will be collected according to standard procedures utilizing “KITS,” which have proper containers and packaging for liquids within them. K. Narcotic Manufacturing Equipment: Narcotic manufacturing equipment will be processed, photographed, and video recorded. A sample of the equipment will be entered into the Property & Evidence Unit as evidence (i.e., a piece of the heating source, a piece of the electrical source). Detectives will then destroy the remaining equipment and will remain on scene. The video recording of the equipment will be placed in Property & Evidence Unit as evidence. VI. SUBMISSION AND HANDLING OF SPECIAL PROPERTY AND EVIDENCE Special property and/or evidence submitted by members of this Department that require special handling will be submitted as follows: A. Valuables and Jewelry: 1. All valuables must be itemized and secured in a property bag. 2. It will be packaged with HPD Property Forms and itemized as white stones, red stones, white metal, yellow metal, etc. 3. The itemization of valuables, other than jewelry, will be done in the presence of another Member. 4. The identity and badge number of the witness member will be noted on the packaging and in the Mobile Field Report. 5. A Supervisor will be notified and required to assist in an inventory of valuables if its estimated value appears in excess of $50,000.00. The items will package separately in a sealed bag. 6. The Supervisor will sign the Property Form. 7. If items are small or numerous, seal them separately in clear zip-lock baggies to facilitate viewing for future identification or release. 8. All necklaces, chains, bracelets, and charms will be placed in separate clear plastic baggies to avoid tangling before packaging into an envelope. This does not apply to evidence. 9. Valuables must be packaged separately from all other non-jewelry items. B. Currency: All currency will be placed in a separate Currency Pouch (see Appendix G) and have a Currency Property Form (see Appendix C) and HPD Property Form attached to the exterior. The identities of the member(s) and/or Property & Evidence Personnel will be noted on the packaging and in the Mobile Field Report. 1. Currency in excess of $10,000: Members who must place this amount of currency into the Property & Evidence Unit will immediately notify their Supervisor, who will witness and sign the form. The Shift Lieutenant will authorize a call-out via Teletype to facilitate a response to secure funds in the safe after normal business hours. Currency in excess of $10,000.00 will not be placed into the drop box. 2. Seized/Forfeiture Currency: All money or negotiable instruments that are seized or involved in forfeiture require: a. Only a Supervisor can approve the seizure of currency for forfeiture. SOP 270 Property & Evidence Page 14 of 34 b. A Supervisor will witness the inventorying prior to submission. The witnessing Supervisor can either be the Supervisor who approved the seizure or a different Supervisor. c. A Crime Scene Technician will photograph the currency. d. When placing seized money in Property, "FORFEITURE ITEM" will be written on the Property Form, and the Property Status Field will indicate Evidence “Yes.” e. A Forfeiture Analysis Form (see Appendix D) will be completed and placed in the locked box outside the Legal Advisor’s Office. The Legal Advisor must be notified after the currency is seized as soon as possible. 3. Counterfeit Currency: When placing counterfeit money into Property & Evidence Unit, "COUNTERFEIT CURRENCY" will be written on the Property Form, and the Investigative Services Section will be notified. Counterfeit currency does not require a Currency Property Form or the use of a Currency Pouch. 4. Collectable and Other Monies: a. When placing money deemed a collector’s value into Property & Evidence Unit, "COLLECTORS VALUE" will be written on the Property Form. b. When members submit a photograph of currency to the Property & Evidence Unit, “PHOTO-COPY” will be written on the Property Form c. Foreign currency must be separated from U.S. currency. d. Coin wrappers may be appropriate for large sums of coins. C. Firearms and Weapons: 1. All weapons and firearms will be made safe and properly marked for identification prior to being placed in Property & Evidence Unit. 2. The member will complete an HPD Firearm Property (see Appendix H) Form listing the weapon(s) impounded, including serial number, make, model, barrel length, etc. 3. When the weapon has been impounded for safekeeping, the owner or person in possession of the weapon(s) will be advised by the member removing the weapon of the procedures for retrieval. a. No firearm will be returned to its owner when the weapon has missing or altered serial numbers unless a Court Order has been issued. b. A firearm will not be released to a convicted felon. c. The owner of the weapon must contact the Property & Evidence Unit prior to retrieving the weapon. d. No firearm will be released without the submitting members or Investigating Detective’s signature, Court Order, Supervisor, or Legal Advisor authorization. 4. The Property & Evidence Unit may dispose of the firearm/weapon after 90 days if unclaimed. 5. Serial numbers on any weapon seized will be checked through NCIC/FCIC, and the information will be placed on both the HPD Property Form and in the Field Report filed by the member. 6. Any weapons confiscated from an unknown origin and not considered stolen will be entered into NCIC/FCIC as "recovered" by the confiscating Officer. The corresponding NIC # must be included on the Firearm Property Form. 7. Any weapons confiscated and placed into property must be entered into NCIC/FCIC as “found” by the confiscating Officer. The corresponding NIC # must be included on the Firearm Property Form. SOP 270 Property & Evidence Page 15 of 34 8. Before handling firearms required for evidence, the following should be reflected in the Field Report: a. Position of the hammer, b. Position of slide mechanism (automatic). c. Position of safety. d. Number of live rounds in the cylinder, chamber, and/or magazine. 9. If the handling of the firearm is required to determine its condition, the edge of the trigger guard or textured finish of the handle should be used to pick it up. Additionally, the extruded and/or grooved areas, such as those found on the grips and the slide, should be used to handle and make the weapon safe to preserve evidence such as DNA or fingerprints. The goal is to preserve identifiable information. 10. An evidentiary firearm should not be cleaned. Blood and other substances adhering to the gun should be left intact for Laboratory examination. A Biohazard label is required. 11. Evidentiary firearms sent to BSO Lab for testing will be marked with the member’s initials in an inconspicuous location and secured inside a cardboard gun box. Firearms not sent to BSO Lab for testing (safekeeping, to be destroyed, or found) do not need to be placed into a cardboard gun box. They will be rendered safe with a tie strap and put into an envelope or have a property tag affixed to them. 12. Firearms/weapons will be unloaded and rendered safe prior to being placed into the Property & Evidence Unit. If a Property & Evidence Unit member discovers that a firearm is loaded, the firearm shall be left as is and a supervisor contacted. The Range Master is available for assistance during normal working hours. 13. Firearms that cannot be rendered "safe" by the Rangemaster will be placed in a Crime Scene Unit gun box and transported to the BSO Lab as soon as possible. a. A notation should be made on the BSO Property Receipt that the weapon is "POSSIBLY LOADED" The Receipt will be attached to the gun box. b. The Shift Lieutenant is responsible for assigning a member to deliver the weapon to the BSO Lab. c. This member is responsible for returning the gun box to the Crime Scene Unit. NOTE: “The gun box is only designed for handguns.” 14. In all other cases, when a loaded firearm is recovered, all ammunition will be unloaded from the weapon prior to removal from the scene, and the weapon will be made safe. Additionally: a. When taken as evidence, ammunition will be packaged in a separate envelope and submitted with the firearm. b. Revolvers will be submitted to the Property & Evidence Unit with their cylinders open. c. Semi-automatic and automatic weapons will be submitted to the Property & Evidence Unit with their actions open. d. Bolt action weapons will have the bolt secured in an open position. e. Break-action weapons will be secured in an open position. f. All weapons will be made safe by inserting a flex-cuff or provided tie through the cylinder, action, bolt, or barrel and secured. Placing anything in the barrel should be avoided unless there is no other choice. g. Magazine-fed weapons will have all rounds removed. SOP 270 Property & Evidence Page 16 of 34 h. Magazines, ammunition, and weapons will be separated. When unloading a firearm, the following should be noted: condition of ammunition beneath the firing pin, position of fired/unfired ammunition, number of rounds left in the magazine, and whether a round is in the chamber. i. Members recovering firearms with which they are unfamiliar or do not know the unloading procedure will contact a Supervisor for assistance in making the weapon safe. 15. All firearms directly involved in a crime will be submitted to the BSO Crime Lab for ballistics examination. The member will complete a BSO Property Receipt (clearly stating “FIREARM IS SAFE” on the BSO form) and an HPD Firearm Property Form, attaching both to the packaged firearm. Only firearms submitted to BSO will be packaged in a cardboard gun box. All other firearms, including safekeeping or found, will be submitted to the Property & Evidence Unit utilizing a property tag or in an envelope noting the case number, Officer’s name, badge number, date, and type of incident. D. Ammunition: 1. Ammunition is not considered an explosive. The member will complete an HPD Property Form (see Appendix A) listing the manufacturer and caliber of the ammunition and place the ammunition into Property. 2. When ammunition has been impounded, the owner or person in possession of the ammunition will be advised by the member removing the ammunition of the procedures for retrieval. a. Per 790.23 f.s. It is unlawful for a convicted felon to have in his possession ammunition; therefore, it will not be released to a convicted felon. The ammunition owner must contact the Property & Evidence Unit prior to retrieving the ammunition. 3. The Property & Evidence Unit will dispose of the ammunition after 90 days if unclaimed. E. Firearms and Ammunition Surrendered Pursuant to a Risk Protection Order: Firearms, ammunition, and/or concealed weapons permits surrendered to this Department will be marked “Evidence” and “RPO” on the Property receipt. Firearms, ammunition, and/or concealed weapons permit(s) shall be stored in the Property & Evidence Unit pursuant to policy. All firearms, ammunition, and/or concealed weapons permit(s) must remain in the Property & Evidence Unit until further instruction by the Police Legal Advisor’s Office. Respondents shall receive copies of all property receipts. All firearms must be entered into Teletype as recovered firearms. F. Knives and Sharp Objects: 1. Knives and sharp objects (ice picks, awls, screwdrivers, etc.) pose special risks to everyone in the chain of evidence. 2. Knives and sharp objects will be packaged in a paper sheath or a “knife box,” available in the Storeroom. Knives of all types and sharp objects with their own or paper sheath can be stored in a standard evidence envelope. The knife box should be used for larger items that cannot be safely stored in an envelope with a paper sheath. G. Taser Cartridges: Taser cartridge probes will be placed inside the Taser cartridge, and the Taser wire will be discarded. The Taser cartridge will be placed in the “D” style box. The box will then be placed in a standard 6”x9” envelope, and a hazardous materials sticker will be affixed to the envelope. The property sheet will be marked as evidence. H. Staples: Using staples to close evidence packages and affix Property Forms creates risk for all personnel who handle the packages. Impounding members will limit the number of staples used as much as possible. SOP 270 Property & Evidence Page 17 of 34 Staples frequently cause small cuts, providing an entry point for infectious diseases. Until an alternative to staples is developed, the following procedures are recommended: 1. Impounding members will limit the number of staples used as much as possible, avoiding multiple staples used to attach a Property Form to an evidence package. 2. Impounding members will inspect packages to ensure no staple points protrude. I. Perishables: Perishables should be returned to the owner or designee as soon as possible. The evidentiary property will be processed and photographed prior to its release. Perishables that must be submitted to the Property & Evidence Unit as a last resort or awaiting transfer to the Crime Lab will be stored in secure, refrigerated storage in the Property & Evidence Unit. Evidence destined for the Crime Lab will be transported within 24 hours of the next business day of acceptance. J. Physical Evidence (Short Lived): Members should be mindful of the vulnerability of “short-lived” evidence, i.e., fingerprints, blood, fogged windows, etc., and will make efforts to preserve and document such evidence or existing conditions properly. Members will be authorized to utilize personal cameras to document degradable and/or moveable evidence they fear may be destroyed and/or lost prior to the arrival of a Crime Scene Technician, i.e., driver/passenger locations within the vehicle, dissipating fluids on the roadway, blood draws, etc. Members will not touch any equipment inside the crash vehicles unless directed by the Traffic Homicide Investigator. If exigent circumstances exist to document existing conditions, the member will: 1. Email all images to the Traffic Homicide Investigator and the Crime Scene Unit, who will upload them into the ADAMS Digital Photographic Management System. 2. Ensure that an email has been sent prior to the end of the shift via the member’s City’s Microsoft Outlook email system. 3. Once the email has been verified as received, the images will be deleted from the member’s personal camera and; 4. The member will document the successful transmission in a supplement report in OSSI; 5. The Traffic Homicide Investigator will refer to the Property & Evidence Policy to ensure the evidence is properly submitted. K. Bio-Hazardous Materials: 1. Bio-Hazardous materials are those materials that consist of or are contaminated with animal or human bodily fluids. Bio-Hazardous materials include the following: a. Blood b. Urine c. Saliva d. Body Tissue e. Wet Items f. Needles and Syringes. g. Unknown liquids should be considered Bio-Hazardous. h. Taser Cartridge and Probes. 2. Only bio-hazard materials with evidentiary value should be impounded into Property & Evidence Unit. 3. If members come into contact with Bio-Hazardous Materials or items suspected of being contaminated with Bio-Hazardous Materials, they will do the following: a. Utilize gloves at all times while handling the items. SOP 270 Property & Evidence Page 18 of 34 b. Utilize a standard departmentally approved paper evidence bag or container, sealing the bag or container completely with evidence tape. c. Place a Bio-Hazard label (see Appendix E) on the bag or container, ensuring it is visible. L. Whole Blood/Semen/Urine: 1. Request a Crime Scene Specialist when DNA evidence is to be collected. 2. Employees who collect DNA evidence will have special training in collecting and preserving DNA samples for analysis. 3. All evidence of this nature will be packaged separately and marked "contents, refrigerate.” Other body fluids, such as stomach contents, will be submitted immediately to the Toxicology Department at the Medical Examiner’s Office. Members will also attach a "Bio-Hazard" label to all samples that may contain a communicable disease. 2. Rape Suspect-Evidence Kits shall not be placed in plastic bags. The Property & Evidence Label shall be placed directly onto the Rape Suspect-Evidence Kit envelope. 3. When entering Rape Suspect-Evidence Kits, certain items must be packaged separately from others as these items are sent to different departments at the BSO Crime Lab. a. Package separately: Urine sample - gray top, blood tube, and fingernail scrapings – red top. b. Package together: Scalp head hair combed, scalp head hair plucked, pubic hair combed, and pubic hair plucked. c. Package together: Purple top tube of blood, saliva sample, possible saliva, vaginal smear, vaginal swab, an anal swab, cervical smear, cervical swab, and possible semen with the exam envelope and lab sheet. 4. All items must be climate controlled. 5. When Rape kits are picked up from Sexual Assault Treatment Center (SATC), they will be submitted directly to the Property & Evidence Unit. 6. General Blood/Semen/Urine evidence will be submitted to the refrigerated drop lockers in the submission room. M. Needles and Syringes: 1. Needles and syringes will not be stored in Property & Evidence Unit except under extreme circumstances or if the evidence is homicide related. 2. Crime Scene Technicians will recover and package all evidentiary syringes. 3. The syringe or needle must be placed in a sharps/syringe container provided for their storage. The container will be sealed to prevent it from opening. 4. The Container will be sealed with evidence tape and a Biohazard Label attached. 5. To avoid damage, the container will not be placed in the evidence drop box. It will be placed in a Temporary locker Storage Drop per those procedures. 6. Disposal of non-evidentiary needles or syringes: a. Members will place all non-evidentiary needles or syringes into a glass container and deliver them to Memorial Regional Hospital for disposal. b. Members will use extreme caution when handling needles or syringes. Members should use “tong” devices provided by the Crime Scene Unit whenever possible. N. Hazardous Materials: 1. Members should not take possession of or submit any materials or substances that may be toxic or hazardous unless the material in question has been certified as safe or inert by a competent authority. SOP 270 Property & Evidence Page 19 of 34 2. Generally, Hazardous Material incidents will be the responsibility of the Hollywood Fire Department’s Hazardous Materials Unit. Consequently, they will be responsible for the disposal of all Hazardous Materials. 3. Hazardous Materials, considered evidence in a crime or investigation, require Supervisory notification. A Detective will be notified, and a joint investigation will be coordinated with the Fire Department’s Hazardous Materials Unit and Fire Department Investigators, who will assist in removing, storing, or testing a substance, if applicable. O. Explosives, Fireworks, and Flammable Liquids: 1. Explosives, including firecrackers, and Flammable Liquids, including lighters, will not be placed in Property & Evidence or held anywhere in the Police Building. 2. If explosives or military ordnance are needed for evidence, the Crime Scene Unit will take photographs of the items, if applicable, and the explosives will be turned over to the BSO Bomb Disposal Unit for disposal. 3. If small quantities of firecrackers are impounded, the member will have them photographed and turned over to the Hollywood Fire Department for destruction. 4. Any engine containing gasoline or combustible fluids will be drained prior to being placed into Property and Evidence. The waste fuel can is available in the sally port. 5. Airbags will not be stored in the Property & Evidence Unit. The Broward County Sheriff’s Bomb Disposal Unit will be called for all recovered airbags, and the Auto Theft Unit will be notified. 6. Lighters will only be accepted into property if they are listed as evidence or have intrinsic value. Any fluid must be emptied prior to submission to the Property & Evidence Unit. P. Bicycles: 1. Members submitting bicycles to the Property & Evidence Unit should ensure that a Property Form is completed. 2. Members impounding bicycles will include the bicycle’s serial number on all reports. 3. The serial number will be queried through NCIC/FCIC, and a notation will be placed on the Hollywood Property Form. 4. The paperwork will be placed in a sealed plastic bag and placed inside the locked mailbox within the bicycle compound, or it can be time-stamped and dropped in the Evidence Submission Room bins. 5. A Field Report is required for all bicycles placed into Property. 6. The bicycle will be placed in the Bicycle Compound located adjacent to the Radio Tower. 7. The compound will be secured with a combination lock. The combination can be obtained through a supervisor. Q. Vehicles: 1. If a vehicle is seized for forfeiture, documentation pertaining to the vehicle will be submitted promptly to both Legal Affairs and CID. 2. The documentation will be submitted to CID if a vehicle is seized for reasons other than forfeiture (e.g., an automobile is seized as evidence without the intent to forfeit the automobile). 3. The vehicle compound is separated into two sections. The North Compound and South Compound are under the control of the Property & Evidence Unit. 4. The North Compound is predominantly used for confiscation, seizure, and forfeiture proceedings but also houses permanent bike storage and oversized evidence. 5. Only vehicles seized for forfeiture purposes will be placed in the North Compound unless the Property & Evidence Unit approves an exception. SOP 270 Property & Evidence Page 20 of 34 R. Recorded Evidence: Audio and video tapes submitted to the Property & Evidence Unit will be packaged separately, and markings identifying the contents of the submission as recorded material will be placed on the package’s exterior. Pornographic or alleged pornographic materials, including items of a blatantly sexual nature, will be secured in sealed bags unless there are exigent circumstances. Evidence tape will be used for added security. S. Sexual Assault Kits: Sexual Assault Kits may be submitted to the temporary drop location or brought directly to the Property & Evidence Unit. All kits will be listed on HPD Property Form with a completed Sexual Assault Kit Submission form attached. Any kits sent to BSO Lab for further testing require completing a BSO submission form and the above-listed paperwork. Only the Case Detective may pick up kits from Property for transport to the laboratory. VII. TEMPORARY PROPERTY DROPS The Hollywood Police Department has several temporary Property & Evidence drop locations and refrigerated storage available 24 hours a day, which members may use for evidence and for found/recovered property submission. These temporary drop locations and refrigerated storage serve as secure, safe locations for the temporary storage of Property & Evidence before being collected by a Property & Evidence Unit Clerk. The Property & Evidence Unit Clerk then logs and places the property and/or evidence into a permanent storage vault. All Property Forms and packaging material will be located in the Property Submission Room located adjacent to the main entrance of the Property & Evidence Room. A. General Property & Evidence Drop Box: The General Property & Evidence Drop Box is located in the Property Submission Room. Small and medium-sized items may be placed in the drop box. Any large or bulky items should be placed in an empty locker and secured with the attached lock. The drop box will be utilized on weekends and Holidays or when a property clerk is unavailable during working hours. All property and /or evidence submissions Monday through Friday from 0700 to 1530 hours may be directly submitted to the Property Clerk if their assistance is needed. Otherwise, the items will be submitted in the Property Submission Room using the temporary storage lockers or bins. All Property Forms will be time-stamped before submitting any Property & Evidence by using the time stamp machine in the Property Submission room. The Property Clerk will document the acceptance of the property and/or evidence and enter the information into the computerized records system. B. Large quantities of Narcotics (after normal business hours): For members who need to secure more than 25 pounds of cannabis or cocaine in excess of 1000 grams, the Property Room Supervisor will be notified to facilitate a call-out to secure these items in the Narcotics Vault instead of the Evidence Drop Box. C. Evidence for Analysis: Members depositing evidence for analysis at the BSO Crime Lab will adhere to the following procedures. 1. Members submitting evidence for the BSO Crime Lab will properly package, identify, seal, and document the evidence on a BSO Property Receipt with the “Laboratory” box checked and an HPD Property Form attached. 2. Once properly documented, the Property & Evidence Unit Clerk will notify the Court Liaison, who will deliver the evidence to the BSO Crime Lab. 3. The Court Liaison will accept custody of the evidence from the Property & Evidence Unit Clerk by signing the HPD Property Form. 4. The Court Liaison will transfer custody of the evidence by signature upon the BSO Property Receipt. A copy of this Receipt will be returned to the Property & Evidence Unit for filing. SOP 270 Property & Evidence Page 21 of 34 5. Sexual Assault Evidence Kits will be transported to the BSO Crime Lab by the assigned Case Detective. The assigned Case Detective will return the signed BSO Property Receipt to the Records Unit for filing. Court Liaisons will not transport Sexual Assault Evidence Kits to the BSO Crime Lab. D. Refrigerated Secure Storage: 1. The refrigerator is located in the Property & Evidence Submission Room located adjacent to the main entrance of the Property & Evidence Room. The refrigerator will be utilized for perishable items of evidence. 2. The refrigerator will have several boxes inside, which will serve as secure temporary storage areas. 3. Each storage area is equipped with a hasp and padlock. 4. Once property and/or evidence is placed into the storage area, members will put the padlock in the hasp and secure the lock. 5. Only Property & Evidence, Unit Clerks will have the key to unlock the lock. E. Bulk Storage: 1. When the Property & Evidence Unit is closed, items too large for drop boxes will be deposited into lockers equipped with padlocks. These lockers are located inside the Property & Evidence Submission Room. 2. Members will deposit the property and/or evidence and the HPD Property Form into a locker, securing it with the supplied padlock. Only the Property & Evidence Unit Clerk has a key for these lockers. 3. Members possessing property and/or evidence too large for Bulk Storage or that have property and/or evidence which requires direct delivery to a Property & Evidence Unit Clerk after hours will notify their Supervisor, who will determine the necessity of calling out a member of the Property & Evidence Unit. F. Evidence Drying Room: 1. All “wet” items of evidence will be collected and placed into paper bags labeled “Bio-Hazard” and sealed with evidence tape. In most cases, a Crime Scene Technician will complete all required forms and transport the evidence directly to the Department’s Wet Evidence Drying Room. Only Crime Scene Technicians have access to the Wet Evidence Drying Room. If an Officer transports “wet” evidence, they must notify a Crime Scene Technician and provide them with completed property forms. 2. The evidence will then be unpacked and dried. 3. Once dry, the evidence will be packed and submitted to the Property & Evidence Unit Clerk, who will sign the Hollywood Property Form documenting acceptance. 4. The Property & Evidence Unit Clerk will have the Crime Scene Technician sign the Hollywood Property Form, which will transfer the custody of evidence to them. 5. The Property & Evidence Unit Clerk will enter the evidence into the computerized records system. G. Bike Compounds: Bicycles taken into Police custody as property and/or evidence will be secured within a Bike Compound. Either temporary bike holding adjacent to the Radio Tower or permanent bike storage in the North Compound. (see Section VI, N “Bicycles” for complete guidelines). H. Vehicle and Miscellaneous Storage Compounds: 1. The Vehicle and Miscellaneous Storage Compounds are located at the Southeast corner of the Police Department Parking Lot. They are securely fenced with barbed wire atop and divided. 2. The compounds are areas where vehicles, boats, and other property are stored awaiting forfeiture or other Court proceedings. SOP 270 Property & Evidence Page 22 of 34 3. Members who use the North compound must comply with all Department policies and/or procedures related to the confiscation, seizure, and/or forfeiture proceedings pertaining to vehicles or other property. The combination can be obtained through Property & Evidence Unit Supervisor. 4. The South compound is under the control of the Traffic Homicide Unit, and pre-arranged scheduling is necessary for all access. I. Remote Evidence Processing & Storage Site: The Police Department maintains an off-site location used as an evidence processing site for large items that may be of evidentiary value (i.e., vehicles, boats, appliances) for the Crime Scene Investigations Unit and the Traffic Homicide Unit. The site is at Superior Towing, 2385 S.W. 66th Terrace, Davie, Florida. This facility is not for general vehicle holds (ex., stolen vehicle recoveries). 1. Crime Scene Unit Bay: a. The Hollywood Bay is secured within a larger building, accessible only to Hollywood Police Department Crime Scene personnel. It will remain locked at all times when not occupied by said personnel. An electronic overhead door secures the bay, and the Crime Scene Investigations Unit maintains the keys. At no time will any individual have access to this facility without the presence of a Crime Scene Technician or Crime Scene Supervisor. b. Searches or processing of evidence stored within the off-site facility requiring a search warrant will be conducted pursuant to the Law Enforcement Mutual Aid Agreement between the Town of Davie, Florida, and the City of Hollywood, Florida. c. All evidence stored in the off-site facility will be documented on the “Off-site Evidence Processing Log” as they are entered and removed from the facility (see Appendix K). 2. Traffic Homicide Unit Bay: The Hollywood Bay is secured within a larger building, accessible only to the Traffic Homicide Unit, and will remain locked at all times when not occupied by said personnel. An electronic overhead door secures the bay; only two Superior employees maintain the keys. At no time will any individual have access to this facility without the presence of a Traffic Homicide Officer. J. Other Locations: 1. There may be times when items must be stored or placed in secure locations other than at the Police Department (i.e., vehicles that are evidence and need to be secured in a secure garage, items that cannot fit in the Property Rooms). 2. Supervisory approval for arranging secured storage for these types of property and/or evidence outside the Police Department is required. 3. The Police Property / Facilities Manager will be notified immediately if working or on their next business day to control access to the area. 4. In the sally port of the Police Department, a fenced-off area is used for processing vehicles. This area can be used to temporarily store a vehicle awaiting processing. Arrangements can be made with CID Detectives to secure a vehicle in that area. VIII. RELEASE OF PROPERTY & EVIDENCE TO OWNERS, CUSTODIANS, OR AUTHORIZED REPRESENTATIVES All items, except firearms, can be claimed by the Owner upon Case Agent approval or utilizing a court order. A. Releasing Property & Evidence to the Public: 1. Case Agents are responsible for notifying or making an effort to identify and notify the owner or custodian of any Property & Evidence they submit into the Agency’s custody in a timely manner. SOP 270 Property & Evidence Page 23 of 34 2. Case Agents will arrange for the release of all Property & Evidence directly to the owner or their authorized representative as soon as possible, provided that all evidence handling procedures have been met and there is no compelling Law Enforcement reason to retain it. 3. The Case Agent may only authorize the release of evidence to the owner or an authorized representative provided that a photograph of the property has been taken for evidence purposes if the property may be used in Court. 4. All attempts by the Case Agent to contact the owner of any Property & Evidence that may be released should be documented on the related Property & Evidence Report. Owners or persons authorized to obtain the release of any Property & Evidence held by the Department will be advised to schedule an appointment with the Property & Evidence Unit Clerk to pick up the Property & Evidence. B. Temporary and Final Release of Property & Evidence to Case Investigators or Authorized Representatives: 1. The temporary or final release of any Property & Evidence from the Property & Evidence Unit to the Case Agent or their authorized representatives will be documented in the Computer Custody Program. Entries made to this record will include the date, time, item description, type of transaction, and acknowledging signature and Badge number of the member obtaining the release of the property. The aforementioned entries will also be made upon returning any temporarily released property and/or evidence to the Property & Evidence Unit. 2. Property & Evidence released from the Property & Evidence Unit for investigative purposes or as Court exhibits that are not needed for trial will be returned without unreasonable delay. Property & Evidence of this nature may be retained by the releasing member for an extended period of time only with the approval of the Support Services Division Major. 3. Released Property and/or Evidence Retained by the Court: a. Whenever Property & Evidence is entered into evidence at trial and retained by the Court, the member obtaining the release of the Property & Evidence will secure a completed Evidence Transfer Receipt (see Appendix I) for the Property & Evidence retained by the Clerk of the Court. b. The receipt will be returned to the Property & Evidence Unit within 48 hours. 4. All evidence returned to the Property & Evidence Unit will be returned in its original packaging. 5. Members should not submit another Property Form. 6. Narcotics Removal for Investigative and Training Purposes: a. When an Officer needs to remove a narcotic substance from the Property & Evidence Unit for Investigative or Training purposes (e.g., sting operations or canine training), the Officer is required to submit an Inter-Office Memorandum via the Chain of Command detailing the circumstances of the request to one of the following: (1). Criminal Investigations Division Major (2). V.I.N. Lieutenant (3). Administrative Services & Special Operations Bureau Chief (4). Patrol Services Bureau Chief (5). Chief of Police. b. The signed Inter-Office Memorandum will be presented to the Property & Evidence Unit Clerk, who will retrieve the requested narcotics and cause the necessary Unit documents to be properly executed and signed. The approved Inter-Office Memorandum will be retained with the withdrawn narcotics documents until returned. c. The narcotics requested for temporary release will be selected from narcotics designated for training or investigative purposes. These narcotics no longer have evidentiary value and have been diverted for agency use. SOP 270 Property & Evidence Page 24 of 34 d. Before releasing the narcotics, and in the presence of the accepting Officer, the Police Support Services Manager will open the sealed narcotics container, field test (Ex. Valtox), and weigh the contents. (1). If there is a conflict with the narcotics field test results, the Administrative Services & Special Operations Bureau Assistant Chief of Police will be notified immediately. The Assistant Chief will initiate the appropriate investigation. (2). Upon satisfactory results from the narcotics (ex. Valtox) field test, the narcotics will be released to the requesting Officer. The Property & Evidence Unit Clerk will not re- seal the evidence container. e. Members will return the narcotics to the Property & Evidence Unit, where the Police Support Services Manager will document its acceptance. f. Upon the return of the narcotics, and in the presence of the returning Officer, the Property & Evidence Unit Clerk will field test (Ex. Valtox) and weigh the returned narcotics for their validity. (1). Once verified, the narcotics will be re-packaged in their original container, sealed, logged, and stored. (2). Any discrepancy will require notification of the Administrative Services & Special Operations Bureau Chief, who will initiate the appropriate investigation. (3). In those instances where the narcotics are lost or destroyed during the Investigative or Training process, the accepting Officer will submit an Inter-Office Memorandum via the Chain of Command to the Administrative Services & Special Operations Bureau Chief or the Chief of Police explaining the circumstances. (4). In those instances where the narcotics are utilized and become evidence, the Supervisor will complete a memorandum via the chain of command to the Administrative Services & Special Operations Bureau Chief. This memorandum will document the narcotics removed on date and the time originally held for safekeeping under the original case number. The memorandum will then identify the new case number and the change in status from Safekeeping to Evidence. (5). The signed Inter-Office Memorandum will be forwarded to the Police Support Services Manager, who will attach this Memorandum to the original case documents. (6). The Administrative Services & Special Operations Bureau Chief, a Patrol Services Bureau Chief, Investigations & Community Affairs Bureau Chief, or the Chief of Police may authorize an investigation coordinated by the Internal Affairs Unit. C. Transfer of Currency to the Fiscal Affairs Unit in Pending Cases: 1. Whenever an evidentiary currency is held by the Property & Evidence Unit, the Police Support Services Manager will periodically notify the Legal Advisor via an interoffice memorandum of monies for deposit. The Department’s Legal Advisor will determine whether there has been a timely claim to the money within 60 days from the date of the conclusion of the proceedings, and if there has not been such a claim, notify the Fiscal Affairs Unit via interoffice Memorandum to place the currency into an appropriate bank account. Any relevant documentation available shall be attached. If there has been a timely claim, the currency shall be placed in a pending account until such time as the owner seeks the return of the funds. 2. Upon receipt of the Memorandum, the Fiscal Affairs Unit will notify the Property & Evidence Unit, providing them with a copy. 3. The Property & Evidence Unit will transfer custody of the currency to two members of the Fiscal Affairs Unit. These members will count the cu

Hollywood Police Department SOP 270 - Property & Evidence PDF

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