Introduction The Haskell Police Department (Department) Policy and Procedure Manual is the guiding philosophy for its employees as they perform their assigned tasks and responsibilities. The Department has set high standards for its employees. It has high expectations of their performance. The citizens of Haskell grant Department employees considerable authority to act on their behalf in an effort to create an environment free of crime, violence, disorder, drug abuse and the fear accompanying these conditions. Employees are expected to conduct themselves, both in interactions with the public and with one another, in a manner that conveys respect, honesty, integrity and dedication to public service. In turn, employees should be treated fairly, honestly and respectfully by everyone in the Department regardless of authority, rank or position within the organization. Adoption of Manual Manuals will be maintained so all employees have ready access to a manual while at work. Each employee shall be issued a printed hard copy and an electronic version shall be stored in the computer directory which is available to all employees. Employees shall be trained on written directives prior to providing written acknowledgment indicating receipt and review of the directives. It is the responsibility of every employee and supervisor, if issued, to maintain their manual up to date with all newly issued written directives. The manual is the property of the City of Haskell and will be returned to the Department upon termination of employment with the Department. Format The policy manual shall contain the following for clarification and easy access: A. Table of Contents B. Index The policy manual shall have a standardized header format containing the following: A. Law Enforcement Identification B. Reference number C. Subject Content D. Date of Issuance E. Best Practice Reference Written Directives
The Chief of Police shall be directly responsible to the Director of Public Safety for the proper administration of the Department, including the development or formation of written directives. Written directives are communication that contains directive, advisory or informative matter for employees. Directives may come in several forms: memoranda, policies, rules and regulations, standard operation procedures and special orders. This document defines the uses of each of these directives, restricts the authority to issue and provides for distribution to help ensure personnel affected by a directive become familiar with its contents. The Chief of Police and the Director, or their designee, shall be responsible for periodically reviewing, revising and updating the manual as needed. This written directive system will include all Department policies, procedures and rules and regulations. The Chief of Police, or his designee, is responsible to ensure that all written directives are in accordance with applicable Texas law. Memorandum A memorandum is a formal written method of communication used to transmit information up or down the chain of command. A memorandum may be addressed to all personnel, a small group or to an individual. It will not be used to change or establish departmental policy, regulation or procedure. Policies Policies are guiding principles and philosophies from which each individual can understand their place within the organization and can direct their activities and attitudes to achieve the Departments goals as approved by the Chief of Police. Rules and Regulations Rules and regulations are the most restrictive of the Departments written directives and are written to closely regulate personnel behavior and performance. They identify things which must be done or must not be done and thereby permit no discretion on the part of the person governed by them as approved by the Director or Chief of Police. Standard Operational Procedures Standard operational procedures are permanent, written directives that describe departmental programs and procedures that have application to more than one departmental program and apply to more than one unit throughout the Department. Such orders take effect on the date issued and remain in effect until withdrawn or modified as approved by the Chief of Police or the Director. Special Orders
Special orders are temporary in nature and are used to immediately change or establish procedure for specific circumstances or events. The Chief of Police, in order to change or establish department procedure as needed, will issue a special order. As issued, a special order must contain an expiration date and remain valid for no longer than one (1) year from the date of issuance. Change or Amendments The Chief of Police, or his designee, shall be responsible for periodically reviewing, revising or purging the departments written directives. The review shall occur at minimum when new state laws are passed or following the Texas Legislative Session. Written directives shall only be purged at the direction of the Chief of Police or the Director. Any employee may suggest a change or amendment to the Policies and Procedures Manual. The suggestion must be directed to the chairman of the Policy Review Board in writing and must include a complete proposal and justification for change. Adherence to Rules, Regulations, Policies and Procedures Employees are expected to follow the rules, regulations, policies and procedures contained in their manual as written. Employees should consider each as a directive unless they can articulate specific circumstances that justify deviation from the rule, regulation, policy or procedure.
Standard of Conduct The Law Enforcement Code of Ethics is adopted as a guiding philosophy for officers of the Department. Code of Ethics (TBP 2.02) As a law enforcement officer, my fundamental duty is to serve mankind, to safeguard lives and property, to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder and to respect the Constitutional rights of all men to liberty, equality and justice. I will keep my private life unsullied as an example to all, maintain courageous calm in the face of danger, scorn or ridicule, develop self-restraint and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession Law Enforcement. Discretion Employees must exercise discretion in situations where their rights and liabilities and those of the Department hinge upon an employees conduct and judgment. When exercising discretion, an employee must be faithful to his/her oath of office, the principles of professional police service, the goals of the Department, and in the discharge of his/her duty, must not allow personal motives to govern decisions and conduct. Refusal to Work The Department will seek the removal and separation from the Department of any officer or civilian employee who promotes or participates in any strike, work stoppage or slow down.
Commendations The Department expects a very high level of professional conduct from all employees; however, members of the Department frequently perform their duties in a manner exceeding the highest standards of the Department. Through the commendation process, the Department seeks to provide recognition of those individuals who have brought honor to themselves and the Department. Discipline The Department has the responsibility to seek out and discipline those who discredit or impair the effective operation of the Department through personal misconduct. The rights of the employee, as well as those of the public, must be preserved and any investigation or hearing arising from a complaint must be conducted in an open and fair manner with the truth as its primary objective. Community Relations The Department recognizes the value of positive community relations. To acquaint the public with the law enforcement task, the Department provides various services such as public information programs, crime prevention services, volunteer programs and various opportunities to observe police operations. Concealed Handgun Licenses Persons licensed to carry a concealed handgun under Texas law will not be unnecessarily hindered in the exercise of that privilege. At the same time, officers will continue to be vigilant towards threats to their safety and to the safety of the public during contacts with persons who are armed and who may or may not be committing a criminal offense. Laws pertaining to the lawful carrying of handguns should be enforced after due consideration of the circumstances faced by the officer. Civil Disputes In disputes, the Department will protect the rights of the public and the disputants by enforcing the law and by maintaining order while remaining impartial at all times regarding the parties and issues involved.
Cooperation within the Criminal Justice System The Department will maintain a close working relationship with all elements of the Criminal Justice System. The cooperative and harmonious working relationships are impaired by unnecessary criticism of others engaged in the administration of criminal justice. Officers should be aware of its effect upon law enforcement or prosecution agencies or individual members of the judiciary. Mutual respect and trust among criminal justice personnel is extremely important in achieving departmental goals. The prime beneficiary of the criminal justice system is the public served.
Priority of Calls for Service Priority of call assignment depends on many factors and is normally the responsibility of Communication personnel to make such assignments. However, an officer in the field may be required to decide whether to continue on an assigned call, a nearby priority event or other observed situation that would cause the call to be reassigned. Informants The use of informants is a basic weapon in the fight against crime. Informants are judicially recognized sources of information. An informants motivation and welfare should be carefully evaluated in determining the extent upon which the information is used. Undercover Operations In order to obtain information and evidence regarding criminal activities, it may be necessary for the Department to utilize undercover officers. Traffic Enforcement The traffic enforcement goal of the Department is to reduce traffic accidents and injuries and to facilitate the safe and expeditious flow of vehicle and pedestrian traffic through the publics voluntary compliance with traffic regulations. The Department seeks to achieve this through a combination of education and enforcement. Juvenile Operations The Department is committed to the provision of care, protection and the wholesome, moral, mental and physical development of children coming within its jurisdiction and control. An equally strong commitment exists within the Department to provide for the welfare of the community and the protection of the citizens of Haskell by controlling the commission of unlawful acts by children. The Department is committed to the prevention of juvenile delinquency through proactive educational programs and enforcement activities involving the school system, private and government agencies and the community. Educational Institutions The Department will establish and maintain a high level of cooperation and interaction with all local educational institutions.
Licensing and Authority of Sworn Personnel The Training Division will maintain a current copy of the TCLEOSE standards for licensing of officers. The Training Division or person(s) designated by the Chief of Police shall carefully review each applicants documentation to ensure minimum standards for licensing have been met. As part of this review, it shall be determined that the applicants background investigation reveals nothing contrary to TCLEOSE licensing standards. Department members shall follow TCLEOSE requirements to ensure that all reports for licensing of officers are submitted in a timely fashion. A Peace Officer license is required prior to the enforcement of any and all laws. (TBP 1.09) All Department personnel shall, before assuming sworn status, take and sign an oath to enforce the laws and uphold the Constitution of the United States and the State of Texas. (TBP 2.03) Duties and powers of sworn personnel include all authority and powers given to peace officers of this Department are expressly detailed under sections 2.12 and 2.13 of the Texas Code of Criminal Procedure (CCP). (TBP 1.06)
General Provisions Department administration is assigned the task of improving the ability of its employees to properly perform the police function and with strengthening the relationship that exists between all employees and the public they serve. Command Responsibility A division manager or patrol commander has responsibility and accountability for every aspect of their command and, within policy guidelines and legal constraints, the authority to coordinate and direct assigned personnel and resources in achieving organizational goals. The manager or commander must critically evaluate all aspects of their assignment while reviewing current policies, procedures and programs to allow their division to adjust to a changing environment and remain effective in meeting community needs. Concern for Employee Welfare The nature of directing is such that there must be a coexisting loyalty to management and to employees. The resolution of those loyalties requires the exercise of leadership in a manner which benefits both management and individuals and which avoids conflict between the two interests. Commanding includes a concern for the personal problems, desires and interest of employees and positive assistance in resolving their problems or in achieving their goals. Department Directives In a large and complex organization, it is essential that written directives communicate desired information to employees as accurately as possible. Directives should be well researched, properly drafted and subjected to staff review for concurrence. A manager or commander may issue a directive as long as it affects his/her command only and does not conflict with Department directives. Administration of Discipline Discipline is used to encourage, inspire, train or impose negative sanctions. Its immediate purpose is the channeling of individual effort into effective and productive action. The imposition of discipline requires foresight and planning rather than mere reaction. It involves an evaluation of the human factor which, when combined with proper training, motivation and recognition of individual and group effort, results in self-discipline. To be effective, discipline must not only be fair in its application, but must also follow within a reasonable period of time, the act it is intended to correct. Disciplinary cases must be promptly processed and resolved.
Handicapped Employees The Department will not discriminate against the employment or continued employment of any person if they are otherwise qualified to perform the assigned duties. Every reasonable effort will be made to accommodate the handicapped; however, the Department may require the employee to furnish medical requirements for accommodation. Contagious Diseases The Department is concerned about and committed to a healthy working environment for its employees. To achieve this goal, employees are provided access to appropriate equipment and materials to prevent or minimize transmission of communicable or contagious diseases. They will receive periodic training and information materials concerning contagious diseases, be provided procedures and guidelines to follow when they encounter a potential exposure situation and be provided a method to report possible job-related contact with a contagious disease. Recruitment To obtain the highest caliber candidates possible, it is essential the Department participate in the recruitment process. The Department maintains an active, formal recruitment program; however, an officer in daily contact with the public is the Departments best recruiter. The officers conduct, demeanor and enthusiasm, may serve to favorably impress and attract the type of individual whom the police service needs. Because of their experience and knowledge, officers are able to counsel persons who show an interest in law enforcement careers and to encourage their application to the Department. Duty Assignments Allocation of personnel to specific assignments is made with the aim of establishing optimum effectiveness within the Department while recognizing the needs, abilities and preferences of individual employees. Promotions (TBP 4.06) The goal of the Department is to promote the most qualified personnel to positions of increased responsibility. The Department should help in the selection process by accurately rating and evaluating employees and candidates for promotion and by advancing those most qualified. Promotion to sergeant and lieutenant will be based on the active Meet and Confer Agreement between the City of Haskell and the Haskell Police Officers Association and the Texas Local Government Code Chapter 143, Firefighters and Police Officers Civil Service Rules and Regulations.
Promotional Eligibility List (TBP 4.07) Eligibility lists for sergeant and lieutenant are established by Meet and Confer and Civil Service Rules and Regulations. All promotional examination results and eligibility lists will remain valid for a period of one year or until the list is exhausted, whichever comes first. Performance Evaluations (TBP 4.08) A. Performance evaluations for non-sworn personnel shall be conducted annually and in accordance with city policy. B. Performance evaluations shall be required annually on all sworn employees. Evaluations will cover a total of a one year time period. C. Evaluations for sworn personnel will be completed in accordance with the written directives found in the APD Performance Evaluation guidelines. Training of Supervision (TBP 4.09) All supervision, regardless of rank, will be trained how to properly evaluate personnel performance and conduct performance discussions.
Training The Department has an obligation to provide a professional standard of law enforcement service to the community. In fulfilling that responsibility, it is essential that Department personnel be properly trained. Entry level training is provided as a continuation of the selection process and to prepare officers for police service. Refresher training and specialized training are provided to officers to enhance their effectiveness and aid the development of specialized skills within the framework of the police generalist. Training is provided to accommodate Department needs and to actualize the interest and concern which the Department has for the self-improvement and personal development of its employees. Participation of Supervisors in Formal Training (TBP 2.16) Supervisors will participate in the In-Service Training Program to assure policy is disseminated as accurately as possible. This participation will also allow the Department and its employees to benefit from the experience, knowledge and attitudes of its supervisory officers. Encouragement to Further Education In fulfilling its commitment to provide professional police service, the Department encourages all employees to further their education to the highest level possible. Therefore, consistent with its basic responsibilities, the Department cooperates with employees in arranging duty schedules and assignments to facilitate and encourage such individual effort. Civilian Employees Law enforcement professionalism is enhanced when officers perform only those tasks where there is an identified need for police knowledge and skills. The Department employs civilians in positions where there is not a demonstrated need for specific police knowledge. This releases officers for more traditional tasks. The use of civilians makes it possible to hire employees for their specialized skills, thereby resulting in greater efficiency. 6 Minute Training Each division should participate in recurring training in order to further employee development. Non-Sworn Training (TBP 3.08) The Department will identify any non-sworn positions, including volunteers, that require state or agency pre-service and/or in-service training or certifications and shall provide the necessary training.
Non-sworn positions requiring pre-service and/or in-service training are identified as follows: The Department Records clerk is responsible for the maintenance of the police records system including the Uniform Crime Reporting system. A newly appointed Records clerk shall receive training regarding the following: A. Uniform crime reporting B. Public notary laws C. Texas Public Information Act In addition to meeting the basic TCLEOSE standards to receive a basic certification, a newly appointed Public Safety dispatcher shall receive the following training: A. Call take B. Fire dispatch C. Police service D. Police dispatch A newly appointed employee of the Child Advocacy Center will receive the following: A. Victim advocate training B. CPS intake review training C. Crisis intervention training A newly appointed Property and Evidence technician shall attend a Property and Evidence Inventory technician conference to receive his/her certification.
Budget (TBP 1.02) The budgetary process is required by the City and is an essential planning tool which enables the Department to organize its financial resources in an objective-directed effort to derive the maximum return for the tax dollars expended. It is the responsibility of the Director and Chief of Police, or his designee, to prepare and manage the budget for the Department. The Department budget represents an evaluation of relative needs within the Department based upon quantitative and qualitative data. It involves a decision regarding objective priorities with consideration given to the volume and type of work required and the costs involved. Budgeting is a continuous process, which is the responsibility of each commanding officer. It involves the identification of objectives and determination of organizational needs based upon a reasonable evaluation of future requirements. The Chief of Police will communicate the organizational needs by means of budget requests. Such requests should be limited to those items which are necessary to continue the present standard of service, materially improve standard of service or reduce the cost of service. It is the responsibility of the Chief of Police to weigh their needs carefully and to present budget estimates which incorporate reasonable and economically sound requests. If an item is requested on the basis of improving the standard of service, the justification should describe how this objective will be reached. The request should also detail how the cost of the item will be returned in some measurable manner. Department Security Protocols The Department access code, key or card which unlocks any door, will not be given to anyone who does not work in the Department unless approved by Director or Chief of Police. Select city employees will be given the access by Police Administration. Only departmental employees and city employees will be allowed into secure areas of the building unescorted. All others must have a departmental employee with them at all times both entering and exiting a secured area, unless otherwise approved by the Chief of Police. Spouses, relatives, friends and reporters will wait in a public area for an escort. They may enter the secure area only after the employee they have come to see arrives to get them. That employee will stay with them at all times until they leave the secure area. Every employee should consider it their duty to challenge any person seen in a secure area that they do not recognize. If the person challenged is not a departmental employee or a city employee, they should be detained until further checking can be done.
Temporary workers should wear visitor identification cards at all times. Civilians not in a recognizable uniform should have their ID card visible at all times. Secured area includes the Records section and all areas inside the department to which the general public and other city employees do not have ready access through an unsecured door or entrance.
The purpose of this policy is to ensure adequate property control, accountability and a state of operational readiness. Definitions: Department Owned Property/Equipment - Department owned property or equipment shall include any property or equipment provided by the City of Haskell. Capital Assets- all firearms owned by the Department and all items over $5,000.00 in value. Operational Readiness - operational readiness shall include the care and cleaning, preventative maintenance, repair, workability and responsiveness of Department owned property and equipment. Personally Owned Equipment - personally owned equipment shall include personal property or equipment carried or used by Department personnel. Policy It is the policy of the Department to properly equip employees with the essential property or equipment necessary for employees to perform their assigned duties in an effective, efficient and professional manner. The Department will provide new officers with the equipment needed to safely perform essential patrol functions. The Department shall be responsible for procurement, requisitioning and issuance of Department owned property issued to new officers. An employee designated by the Chief of Police shall be responsible for procurement of replacement uniforms. The employee will maintain a list of uniform items purchased each year for individual officers. Employees will be responsible for the maintenance, care and proper use of Department owned property, equipment and supplies assigned to them. No employee shall entrust city property to anyone to be used for any purpose, other than a legitimate law enforcement purpose, unless approved by the Chief of Police. Accounting for Department Owned Capital Assets (TBP 1.10) Annually, an employee designated by the Chief of Police will be responsible for inventorying Department owned capital property, equipment and assets, reporting in writing to the Chief of Police the results of the inventory. During the inventory, the employee will account for all capital assets and all firearms owned by the Department.
In the inventory report, the employee will list all Department owned property, equipment or assets damaged, lost or in need of replacement. Approval for Personally Owned Property/Equipment (TBP 1.11) The Department provides the majority of the officers property/equipment including uniforms, jackets, protective vests, rain gear, portable radios, electronic control device, duty weapons and ammunition. The Department does not accept responsibility for loss or damage of personal items such as jewelry, designer clothing, sunglasses or other personal items. Department Issued Property/Equipment (TBP 1.12) All Department personnel are required to sign for any Department owned property or equipment issued to the employee. The Chief of Police or designee shall issue property and equipment to all new officers, keeping an accurate inventory of Department owned property/equipment. This property inventory will be filed in the employees personnel folder that is maintained in Police Administration. Upon separation of employment with the city, the employee must return all department owned property to the Chief of Police or a designee. Returned items will be compared to all property inventories. While a list will be maintained of issued uniform pieces, it is understood that through normal wear items will become unserviceable. An employee will be required to turn in all serviceable uniform items. Employees shall be held accountable for any Department owned property assigned to them against intentional, careless or negligent damage, destruction, loss or theft. A. Employees must report, without delay, any damage or loss of Department owned property to their immediate supervisor. The supervisor, in person or in writing, will notify the Chief of Police of the circumstances. B. If the loss, destruction or damage is due to carelessness, negligence or the intentional abuse by and employee, corrective or disciplinary action may be warranted. The employee may be required to reimburse the City of Haskell for the property loss.
Commanding Officers Subject to Rules and Regulations All commanding officers of every rank are subject to the general rules and regulations in addition to being subject to the rules and regulations governing their command. Command Officers / Chain of Command A commanding officer is any officer of the Department designated by the Chief of Police to exercise command. In the absence of any commanding officer where other provisions have not been made, the senior officer/supervisor assumes command. Where no supervisory officer is present, responsibility of command will fall upon the senior officer. This senior officer or supervisor will retain responsibility of command until command of the case or situation is relinquished to a specialized division. Officers are required to follow the chain of command when engaged in official duties such as obeying orders, filing/responding to complaints or seeking resolution on grievances. An officer may skip one level of the chain of command only when the immediate supervisor(s) is/are the source of complaint or grievance. An officers chain of command is defined, starting at the lowest level to the top, as: A. First line supervisor B. Captain C. Chief of Police D. Director of Public Safety Responsibility of Commanding Officers Commanding officers are responsible for: A. The enforcement of all laws and ordinances within the jurisdiction of their command and for the good order, efficiency and discipline of the personnel under their command. They will see that each member is provided with a copy of these rules and procedures. They will ensure each officer is properly instructed as to their duties so as to perform them in a manner which renders effective police service. B. Properly preparing, transmitting, filing, using and preserving official records, reports, returns, forms and correspondence originating in or forwarded to their command. C. The careful daily examination of all properly made records required to be kept by their command in conforming with the rules, regulations and operations procedures. D. The good order and sanitary condition of the buildings/vehicles within their command, to include the furnishings and equipment therein. E. The property issued for, or assigned to, officers of their command and the proper care, economical use and serviceability thereof.
F. The discipline, morale, training, uniformity, efficiency and compliance with all orders, rules and regulations of employees of the Department. G. Resources at a call for service or situation which they have the authority to direct or effect the outcome. H. Community policing and geographical command as directed by the Chief of Police or his designee. I. Supporting all goals and objectives articulated in the Departments Strategic Business Plan; and J. Working cooperatively with media partners to accomplish mutual goals.
Violations of Written Directives Employees are governed by the applicable Local Government Code, the regulations established by the Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE), the City of Haskell Policies and Procedures Manual and the written directives contained in this manual. Violations by any employee of any of these written directives may be considered just cause for disciplinary actions such as reprimand, suspension, demotion or dismissal. Abide by Laws Employees of the Department shall abide by the laws of the United States, the State of Texas and the ordinances of the City of Haskell. This shall include all personnel whether on-duty or off-duty. Obey Orders (TBP 1.08) Employees shall obey all lawful orders and directions given by a supervisory officer. Such response shall be prompt and willing. Insubordination The failure or deliberate refusal of any employee to obey any lawful order given by any supervisory officer shall be deemed insubordination. Disregarding the authority of any supervisory officer by obvious disrespect or by disputing their orders shall likewise be deemed insubordination. Manner of Issuing Orders Orders from supervisors to subordinates shall be in clear, understandable language, civil in tone and issued pursuant to departmental business. Unlawful Orders Prohibited No commanding or supervisory officer shall knowingly or willingly issue any order that is a violation of any law, ordinance or departmental rule. Obedience to Unlawful Orders Employees are not required to obey any order which is contrary to the laws of the United States, the State of Texas or the ordinances of the City of Haskell. Such refusal to obey, however, is the employees responsibility and the employee shall be strictly required to justify their actions.
Criticism of Orders Employees shall not publicly criticize or comment in a derogatory manner to anyone about instructions or orders issued by supervisory officers. Conflict in Orders Should any order conflict with any previous order or instruction issued by another supervisory officer or with any written directive, the employee to whom the order is given shall respectfully call attention to the conflict. If the supervisory officer giving the second order does not change the order to correct the conflict, the order shall stand and the responsibility shall be with the supervisor issuing that order. Orders will be countermanded or conflicting orders issued only when reasonably necessary for the good of the Department or as the emergency situation demands. Appeals Regarding Unlawful / Unjust Orders Officers may appeal for relief from orders or instructions they believe to be unlawful or unjust. Such appeals must be made in writing to the Chief of Police through the chain of command. Irresponsible or capricious appeals will be considered serious misconduct. Obedience to Unjust or Improper Orders Employees who are given orders they feel are unjust or contrary to general orders or to the rules of the Department, must first obey the orders to the best of their ability and may then proceed to appeal as provided herein. Reporting Unlawful Orders Any employee who has knowledge of any unlawful order, shall, at the first opportunity, report in writing the full facts of the incident together with his/her own action, to the Chief of Police through the chain of command. It shall be the responsibility of each level of supervision to forward all such communications. Performance of Duty Employees shall perform all duties required of them by competent authority regardless of whether such duties are specifically assigned to them in any operations manual. Conduct and Behavior (TBP 2.12) Officers, whether on-duty or off-duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior and shall not commit any act that may reflect unfavorably on themselves and/or the Department.
Personal Conduct (TBP 2.18) Employees are prohibited from establishing or maintaining what a reasonable person would believe constitutes an inappropriate relationship with any person who is a known victim, witness, suspect or defendant of a case being investigated by the Department during such time that the case is being investigated or prosecuted as a result of the investigation. The buying and selling of anything to or from any complainant, suspect, witness, defendant, prisoner or other person involved in any police related activity that has come to the employees attention is not permissible Political Activity (TBP 2.15) Employees are prohibited, while on duty or in uniform, from engaging in political activity or campaigns. Employees will not distribute or display any campaign material inside the Department or on any city vehicles. This is in furtherance of the City of Haskell Personnel Policy and Procedures Manual.
Impartial Attitude (TBP 2.17) Officers, while being vigorous and unrelenting in the enforcement of the law, must maintain a strictly impartial attitude toward complainants and violators. Officers shall, at all times, be considerate of their duty to be of service to anyone who may be in danger or distress regardless of race, ethnicity, color, gender or creed. Employees must respect the rights of all individuals and shall not engage in acts of discrimination, oppression or favoritism. Duty to be Kind, Courteous and Patient Employees shall, at all times, be courteous, kind, patient and respectful when dealing with the public and shall strive to win the approval of all law-abiding citizens by an impartial discharge of their official duties. Giving Name and Rank Employees shall politely give their name, rank and ID number to any violator or other persons when requested to do so, unless such action is likely to jeopardize the successful completion of a police assignment. Officers will promptly advise their supervisor of a request to speak to a supervisor by a citizen, unless at the time of the request, the citizen is not under complete control of their mental and physical faculties.
Respect for Fellow Employees Employees of the Department shall treat each other with respect and shall cooperate, support and assist each other at every opportunity. Employees, whether on-duty or off-duty, shall not publicly criticize the work or duty performance of fellow employees and shall refrain from using threatening, insulting or profane language which would offend those present. Respect for Supervisory Officers Supervisory officers will be addressed or referred to by title when on-duty and at any other time departmental business is conducted in the presence of private citizens. Circulating Malicious Rumors or Criticism Employees shall refrain from circulating malicious rumors about other employees or other governmental employees and shall refrain from circulating criticism of other governmental employees or agencies. Interfering with Assigned Cases Employees shall not intentionally interfere with cases assigned to other employees or with the work or operations of any other division, department or of the courts. Interfering with Private Business Employees shall not interfere in the lawful private business of any person unless necessary for the furtherance of legitimate law enforcement functions. Aiding and Protecting Fellow Officers Officers shall act together and protect one another in time of danger or in circumstances where danger might be impending. Suggestions for Improvement of Service Employees wishing to make suggestions for improvement of service shall have the privilege of communication through the chain of command, in writing, to the Chief of Police. Supervisors should encourage suggestions for improvement of service. All suggestions will be forwarded through the chain of command to the Chief of Police.
Truthfulness (TBP 2.14) Employees are required to speak the truth at all times, whether under oath or not; in giving testimony or in writing; in connection with any legal or official order received or in connection with official duties. Untruthfulness is permitted as a legitimate investigative technique if conducted within the limits set by appellate court opinions. Carrying Official Identification Cards Officers will carry their official identification cards on their person at all times. The exception to this will be when any officer is engaged in an undercover investigation where having such identification on his or her person would place them in jeopardy. Suspended officers shall not carry identification cards unless specifically authorized by the Chief of Police. Relationships between Supervisors and Subordinates The Department wants to ensure its practices do not create situations such as a conflict of interest or favoritism. Additionally, the Department wants to ensure morale is not negatively impacted by the personal relationships between supervisors or subordinates. Definitions A supervisor - a person holding the rank of sergeant, Captain, the Chief of Police or the Director of Public Safety. It also includes training officers and generally applies to any individual who has decision making responsibilities that can directly affect a subordinates career, assignment or pay. Close relatives - defined as husband, wife, father, mother, father-in-law, mother-in-law, grandfather, grandmother, son, son-in-law, daughter, daughter-in-law, uncle, aunt, nephew, niece, brother, sister, brother-in-law, sister-in-law, step relatives and cousins. Policy Close relatives, partners, those in a dating relationship or members of the same household are not permitted to be in positions that have a reporting responsibility to each other. If employees begin a dating relationship or become relatives, partners or members of the same household and one party is in a supervisory position, the person who is a supervisor will be required to inform Administration of the relationship. Administration will determine the most appropriate action for the specific situation. This may include transfer or reassignment of one or both persons.
The Department may apply this policy to situations where there is a conflict or the potential for conflict because of the relationship between employees even if there is not direct reporting relationship or authority involved.
Officers Always Subject to Call (TBP 2.22) All employees are subject to call at all times, including responses to man-made or natural disasters. The Department requires sworn officers to maintain a phone for the purpose of emergency notifications. Required to Take Action Employees shall promptly perform all official duties and shall be attentive to and take action on complaints from citizens. With respect to violations of the law or ordinances and requests for police service coming to their attention, employees shall avoid giving the impression they are evading the performance of their duties. When the police purpose might be jeopardized by delay, employees shall take immediate action, even if some other officer or division would ordinarily deal with the incident. Reporting for Duty Employees, unless otherwise directed, shall report for duty properly uniformed or dressed and equipped at the time and place specified. Employees will be well rested, fit to perform their assigned duties and able to complete their entire shift. Reporting Illness or Injury Employees unable to report for duty shall report this to their immediate supervisor as soon as practical before normal working hours. Employees who become ill or injured while on duty, shall immediately report this to their immediate supervisor. If an employee is unable to continue a tour of duty, he or she shall be promptly relieved. Employees shall not abuse sick leave privileges. When an officer is injured in the line of duty, the Chief of Police is responsible for ensuring that City Management is notified immediately and that the required city documentation is completed and properly forwarded. In any instance where an employee is absent for more than three (3) working days a medical release may be required. Medical Release A medical release will be required when the employee is ill or injured and: A. The employee is absent for five (5) consecutive working days; or B. The employee is absent for eight (8) or more days in any three (3) week period; or C. The employee seeks medical attention for the illness or injury and is then allowed by his/her physician to return to work but in a limited capacity (light duty).
A medical release for limited duty shall include a signed statement from a physician detailing which of the duties/tasks listed in the employees job description the employee may perform and a projected date to return to full, unlimited duty. The release must be presented to the employees supervisor at least twenty-four (24) hours prior to their return to duty. A medical release will not be required when: A. The employee is absent four (4) or fewer working days; and B. The employee is absent for common injury or illness not normally treated by a physician (colds, flu, etc.); or C. The employee uses accrued sick time to care for a family member who is ill or injured. Reporting Address and Telephone Number The Chief of Police and City Hall shall keep on file the current address and telephone number of each employee in department with a copy forwarded to the Director. Should the address or telephone number change, the employee will fill out the form provided and forward to his supervisor. All employees shall maintain a telephone. Care of City Property Employees shall accept the responsibility of maintaining care of all city property issued to, used or possessed by them and shall immediately report the loss, damage or destruction of city property in their care to their supervisor. Employees may be required to make restitution for such property if the loss, damage or destruction was caused by their negligence. Operation of Department Vehicles (TBP 7.20, 7.24) Employees shall operate official vehicles in a careful and prudent manner and shall obey all laws except where departmental directives allow otherwise. As an example to the public and in accordance with city policy, all employees will utilize the seat belt when operating or riding in a city owned or leased vehicle except in the event operational requirements dictate otherwise. In addition, all occupants are required to utilize the seat belt while operating or riding in a city owned or leased vehicle. Before beginning each tour of duty, officers shall inspect the contents, appearance and operability of all patrol equipment assigned to, or provided for, a Department vehicle. Officers will ensure the vehicle has no damage that has not been previously reported. Special Use Equipment (TBP 7.25) Special use equipment is defined as those vehicles, equipment and supplies which are not used on a daily basis or that are kept for use during emergencies and natural or man-made disasters.
Each specialized division of the Department may be assigned specialized equipment, specialty vehicles and supplies to be used in emergencies. The Chief of Police is responsible for ensuring that a quarterly inspection is completed of all special use vehicles, equipment and supplies assigned to them. Such inspections shall be documented on a check sheet indicating the description of the item, vehicle or supplies checked, the condition, the date of inspection and the signature of the inspecting employee. The Chief of Police shall review the quarterly inspection and correct any deficiencies noted (to include ordering replacement supplies), ensuring complete operational readiness of assigned equipment, vehicles or supplies. A copy of each quarterly check sheet shall be forwarded to the Director of Public Safety for review. The original shall be maintained in the Chief of Police files. At least annually, the Chief of Police shall personally inspect all assigned vehicles, equipment and supplies utilizing the required check sheet. Processing Evidence Employees having care, custody and control of any evidence shall maintain such custody until disposition may be made in accordance with the Departments Property and Evidence Manual.
Seeking Personal Preferment Employees are forbidden to solicit the unjustified intervention of any person outside the Department for purposes of personal preferment, advantage, transfer or change of duty within the Department for themselves or for any person. Soliciting Gifts and Gratuities (TBP 2.21) Employees shall not use their official position, badge or uniform to solicit special privileges, gifts or gratuities for themselves or others. Solicitation is defined as the presentation of position, badge or uniform, in anticipation or expectation of, a gift or gratuity being offered. Exceptions to this policy must be approved by the Chief of Police. This section does not prohibit: A. Acceptance of awards, including money, given to an employee by a publicly recognized organization in recognition of outstanding service or achievement; B. Acceptance by an employee of money or gifts on behalf of the Department with approval of any command level supervisor. Such items accepted will be of benefit to the Department as a whole for some worthy cause that is sponsored in whole or in part by the Department. The gift will immediately be turned over to Administration for proper disposal or C. Recognized and sanctioned forms of soliciting funds or goods for a benevolent or charitable cause approved by the Chief of Police. Any unauthorized gift, gratuity, reward or other material benefit possessed by any employee shall be forwarded to the Chief of Police who shall consult with legal counsel to determine whether to arrange for the return of the gift and/or to initiate an investigation against the giver. The involved employee will be notified in writing of the disposition. Endorsing Products, Services, Vendors and Contractors In order to provide fair and impartial service, employees are prohibited from using their official capacity, title or position in the Department to endorse any organization, program, product or service when such endorsement is not approved and required in the performance of their duties as defined by the Chief of Police. Nor shall employees allow personal feelings or possibility of personal gain to influence any decisions they may be called upon to make regarding contracts or agreements with private sources, suppliers, vendors or contractors.
Financial Obligations Employees shall avoid incurring financial obligations which are beyond their ability to fulfill. Such financial distress may impair the individuals effectiveness and may tend to bring discredit upon the Department. Notice of Suits against Employees Employees who have a civil suit filed against them by reason of an act performed by them in the line of duty shall immediately notify their supervisor and the Chief of Police. Subversive Acts Employees shall not perform any acts or make any statements (oral or written) that destructively criticize the Department or its administrative officers in the performance of their official duties; or which tend to disrupt or impair the performance of official duties and obligations of officers of the Department; or which tend to interfere with or subvert the reasonable supervision or proper discipline of employees of the Department. Employees are to use the chain of command to report or make known instances of wrongdoing or unfair practices. Use of Intoxicants (TBP 2.19, 2.20) The Department does not allow employees to report to duty or continue to work while under the influence of alcohol or any drug, including prescription drugs, when it would affect their judgment or physical condition. Employees shall not consume intoxicants while on duty or before going on-duty, and shall, at all times, comply with the City of Haskell Substance Abuse and Testing Policy. If an employee is required by a doctor to take any medication (prescribed or otherwise) that would adversely affect their job performance or judgment, they shall immediately notify their supervisor. Employees may only consume an intoxicating beverage while on duty if it is in the performance of a legitimate police task. While off duty, employees shall not consume intoxicants to the degree that the effect or odor is detectable when reporting to work or will reflect unfavorably on themselves and/or the Department. If an employee, while off duty, is called for an unscheduled duty assignment, including court, and they have been consuming intoxicants or taking any medication that would adversely affect their job performance, the employee will openly advise the person calling of their condition.
Employees are prohibited from consuming, possessing, manufacturing, distributing, selling or storing any alcohol and/or illegal drugs on city property, including buildings or vehicles, with the exception of a legitimate police function as approved by the Chief of Police. Entering Bars, Clubs and Liquor Stores Officers on-duty or in uniform shall not enter or visit any bar, lounge or club where liquor is sold or served except in the line of duty. No officer in uniform or on-duty shall enter any liquor store for the purpose of purchasing an intoxicating beverage, except to perform a police task or assignment. Tobacco Use by Police Personnel City policy prohibits the use of tobacco products in all city buildings or vehicles. In order to maintain the professional image of the Department, employees will not smoke, chew or dip tobacco products while making an official contact with the public. In furtherance of this policy, employees will provide receptacles for the proper disposal of tobacco waste and not use wash basins, water fountains or trash containers for that purpose. Security of Police Information All records collected and stored in police files are confidential to the extent that no employee will make use of or divulge any information for personal reasons. Employees shall treat as confidential the official business of the Department. Off Duty Employment (TBP 4.05) Employees who have successfully completed the probationary period are permitted to work at outside employment subject to certain restrictions and conditions. Employees working off-duty employment shall report their work location/status (including start and end times) to dispatch. Employees shall not: A. Work in an off-duty employment on the same day they fail to report for duty due to illness or injury; B. Advertise or solicit business in connection with off-duty employment while on-duty; C. Work as a bouncer or where alcoholic beverage is sold and consumed on premises and the sale of alcohol is the principle source of income unless specifically approved by the Chief of Police; D. Engage in off-duty employment that negatively impacts the employees on-duty performance or renders the employee unavailable for emergency response or E. Work at any off-duty employment that would bring the Department or employee into disrepute or impair the operational effectiveness of the employee or the Department.
Personal Business Cards Employees of the Department are forbidden to have or use personal cards which show their connection with the Department if they do not directly pertain to their official work as employees of the Department. Officers under Suspension Officers under suspension shall not wear the police uniform or any part thereof, including on- duty and off-duty weapons. At the time of suspension, officers shall relinquish their ID cards and badges to their immediate supervisor or to the Chief of Police. Officers under suspension shall not represent or identify themselves as police officers except when testifying in a court of law. Gifts from Prisoners No employee of the Department shall purchase or accept as a gift any article from any person under arrest or in a detention facility. Communications Communiqus transmitted via any departmental communication medium should be professional, job related, appropriate and should be suitable for review by a third party. When using Mobile Data Computers, employees shall be mindful that MDC communiqus are captured and stored and may be reviewed for a variety of reasons. MDC vehicle locators will not be disabled. All use of computers within the Department will conform to the communications policy of the City of Haskell. Treatment of Suspects and Prisoners Suspects and prisoners shall be treated in a fair and humane manner. They shall not be ridiculed or taunted. Use of force shall be governed by departmental procedure. Restrictions on Social Media Websites The Department has a duty to protect the reputation of the organization and its employees as well as guard against liability and potential legal risk. The terms social media and online social networking are defined by the City of Haskell Policy Manual, Policy S-6.
Therefore, the Department reserves the right to monitor social media websites and employees are advised of the following: A. Employees should exercise caution and good judgment when social networking online. B. Employees should be aware that the content of social networking sites can be subpoenaed and used in criminal and civil trials to impeach the employees testimony. C. Any individual who can be identified as an employee of the Department has no reasonable expectation of privacy when social networking online and is subject to all pertinent City of Haskell Policies, Department Rules and Regulations, local, state and federal laws regarding public information on arrests, investigations, police operations and personal data. D. Employees are responsible for the content of their messages and for all content posted on or to the website by the employee or any other person once they become aware of it. E. Postings by employees involving offensive or unethical content are strictly prohibited. Under no circumstances should messages contain language that would be considered profane or offensive or that tend to denigrate citizens or any particular gender, race nationality, ethnic or religious group or person. F. Employees shall not represent that they are speaking or acting on behalf of the Department or the City of Haskell. Employees must clearly state that any opinions expressed are their own and not those of the Department.
Availability (TBP 6.05) All officers of the Department are required to have a sidearm available at all times whether on- duty or off-duty, except as otherwise permitted by the written directives of the Department. Off-duty officers are not required to carry a weapon when visiting any bar, lounge or club where alcoholic beverages are sold or served. Security of Weapons Employees shall not leave weapons or objects which could be used as weapons unattended or in an unsecured location where a suspect, prisoner or other inappropriate party may access them. The sidearm will remain in the holster while the officer is in the station or the field, unless its removal is necessary for use, repair or other legitimate reasons. Approved Handguns Only weapons approved by the Department will be carried whether on or off duty. The types, calibers and model numbers of approved weapons for on-duty uniformed officers are listed on the Approved Weapons List maintained by the Range Master and approved by the Chief of Police. Approved weapons for on-duty plain clothes officers will include all of the weapons on the Approved Weapons List and additionally those models of approved revolvers with reduced barrel lengths of not less than two inches. Approved weapons for off-duty officers will include handguns of .32 caliber or greater, having a cylinder or magazine capacity of at least five rounds. Officers are responsible for knowing their weapon is reliable, safe and in good working order. Weapons are to be carried in a manner so as not to be visible to the public. The Range Master will inspect all weapons prior to them being carried. The Department Range Master will perform an external inspection of the weapon to determine the safety and reliability, maintain records of each officers proficiency and record the make, model and serial number of each handgun an officer is authorized to carry on or off duty.
Ammunition The Department will issue all ammunition carried in on-duty weapons, on belts or in holders. Approved/Issued Weapons Only batons, chemical agents and special weapons approved and/or issued will be carried. Personal Weapons Carried on Duty Approval for the carrying of personally owned handguns, rifles or shotguns must be requested in writing from the Chief of Police. A copy of the request, which indicates the Chiefs decision, will be maintained in the officers personnel file. For the purpose of standardizing ammunition for qualification and on-duty use, rifles are restricted to the Ruger Mini-14, the Colt AR-15 and AR-15 clones in .223 caliber. Shotguns Shotguns are to be maintained in the assigned patrol unit rack or secured in the Gun Room rack. All shotgun ammunition will be removed from shotguns and shotgun sidesaddles when the shotgun is stored in the Gun Room. When a shotgun is armed for potential use (i.e. a loaded shell in the chamber), the officer shall exercise the utmost caution in the operation of the weapon. As soon as practical after the situation is under control, the officer shall remove the shell from the chamber and return the shotgun to the patrol unit shotgun rack. When a police vehicle equipped with a shotgun is to be left at the barn, radio shop, etc. for repair, the officer who is responsible for the vehicle shall remove the shotgun and secure it properly. Before bringing a shotgun or rifle into the Department, employees shall ensure that the weapon is unloaded using the provided clearing barrel(s). Visibility of Weapon Only the authorized service weapon is to be visible when an officer is wearing the police uniform. When carrying a weapon and/or handcuffs while off-duty and in civilian attire, an officer shall wear the weapon and/or handcuffs so they are concealed. When an on-duty officer is dressed in civilian attire and wearing a weapon visible, their badge shall be clearly displayed.
Weapons Proficiency (TBP 3.01, 3.03) All sworn personnel of the Department shall demonstrate proficiency annually with each firearm they use in an official capacity on or off duty. A minimum score of 70% of the total possible score is required to demonstrate proficiency. However, all sworn personnel achieving a score below 80% will attend remedial training as directed by the Training staff. Additionally, an annual inspection of all authorized firearms for proper functioning will be conducted by a designated Firearms Proficiency officer. Retired Police Officers At the discretion of the Chief of Police, officers who have retired honorably from the Department may be issued a certification allowing concealed carry of a handgun according to state law. At minimum, all applicants for the certificate must: A. Provide a notarized statement indicating: 1. The officer retired from the Department under honorable conditions; 2. The retired officers license as a commissioned officer was not revoked or suspended for any period during the officers term of service as a commissioned peace officer; 3. The retired officer has no psychological or physical disability that would interfere with the officers proper handling of a handgun and 4. The retired officer will, at all times while carrying the firearm, have a Retired Officers Identification Card on his person. B. Successfully complete the Departments Handgun Qualification Course as well as any physical or psychological testing requested by the Chief of Police. C. Abide by all applicable laws regarding firearms and their possession and maintain a good standing within the community. D. Pay all expenses involved in issuance of the certificate. Issuance of a certificate under this section is not the equivalent of a law enforcement commission nor does it imply the bearer has the authority or sanction of the Department. Certificates are valid for a period of one year after issuance.
Purpose The purpose of this policy is to outline the hiring process for sworn personnel. Policy It is the policy of the Department that all phases of the hiring process will be fair, impartial and applied consistently to all applicants. The Department is an equal opportunity employer and will strive to meet the guidelines established by the Unites States Civil Rights Act and all other laws pertaining to employment practices. Procedures (TBP 4.01, 4.03) The Department will maintain a list which will be kept at the Training Division for all persons interested in applying for upcoming positions. Upon announcement of vacancies, notification will be made based on the existing list. All applicants will be advised to contact the Director of Public Safety, the Chief of Police or go online to the citys website to complete an application. The requirements for sworn personnel differ slightly between new hires and lateral transfers. Basic Peace Officer: A. Meet TCLEOSE qualifications and those set forth by the Department B. Pass physical agility test C. Pass background investigation D. Complete polygraph examination and pass psychological exams E. Pass Department interview board F. Pass medical and drug examinations Lateral Peace Officers applicants (laterals) must meet aforementioned requirements and must have been employed in a position with a responsibility similar to those of a patrol officer of the Department. Background Investigations (TBP 3.17, 4.04) Background investigations are the most critical component of the selection process. It is the policy of the Department that a background investigation be conducted on all sworn and non- sworn applicants prior to and following a conditional offer of employment. Background investigations should be an objective, fact-finding process resulting in an accurate record of the applicants past behavior, conduct and job performance. While the background investigator must consider both positive and negative information, the reporting must be descriptive and factual.
Background investigations shall be conducted in compliance with all applicable city, state and federal laws. Department personnel who conduct background investigations shall receive training prior to conducting applicant backgrounds. While it is more reliable to conduct the background inquiry in person, many inquiries (criminal history/driving records) can be conducted by telephone and mail to avoid time and costs. If necessary, subject to prior approval by the background supervisor, background investigators may travel out of town to conduct the inquiry in person. TCLEOSE requires employee selection records, including background investigations, to be kept for a period of five (5) years. Such files are considered confidential and shall be released or purged at the direction of the Chief of Police. All records of applicants for sworn positions (not hired) shall be maintained and secured by the Director. All non-sworn applicants (not hired) shall be maintained and secured by City Hall. Procedure: The Human Resources Department will forward all applications directly to the Chief of Police, or a designee, who will be responsible to maintain a log of all candidates listing pertinent information regarding the selection process. The Chief of Police, or designee, will be responsible for assigning applicant background investigations to sworn personnel. Upon receipt of an application, the background investigator will use data available on the Personal History Statement as follows: A. To verify the candidates qualifying credentials; B. To review the candidates criminal history; C. To review the candidates driving record and D. To verify at least three personal references. Verifications may be made by telephone, mail or personal interviews and documented in writing. The background investigation will not begin without two (2) signed copies of the applicants Authorization to Release Information. The first step in the background investigation process is to verify that the applicant has provided all required documents listed on the cover page of the Personal History Statement. If the application is incomplete, the investigator will notify the applicant that he cannot proceed with the background investigation until the required documents are provided to the assigned investigator.
A complete Criminal History Statement and Driving Record shall be obtained: A. The background investigator will verify all arrests, citations, convictions and /or traffic collisions. B. If possible, the background investigator will obtain copies of arrest, offense, auto crash reports and court dispositions. C. The background investigator should contact each municipal court or justice of the peace which has jurisdiction in which the applicant resides, to verify the candidates driving record. The investigator should arrange to conduct a home visit with the candidate and their family as well as interview relatives, friends, neighbors and co-workers. It is an important investigative duty of each background investigator to develop additional points of contact during these interviews. When the investigator has completed the background investigation, all notes, necessary documents and other pertinent information will be organized according to the background areas indicated in the Background Evidence Organizer. The narrative report shall be typed and should include all significant information related to the background areas. If the investigator uncovers unfavorable information, the investigator should give the respective applicant the opportunity to rebut the information and/or provide an explanation of any circumstances that might mitigate the significance of the information. The background investigator should not make any recommendations or opinions in the Background Evidence Organizer. Following a polygraph and psychological evaluation by a licensed practitioner, the Background Evidence Organizer shall be reviewed by a supervisor appointed by the Chief of Police. The background investigation results will be objectively evaluated by an Oral Interview Board appointed by the Director or Chief of Police. If an applicant successfully passes the oral interview, he or she will be required to pass a medical examination by a licensed doctor. This medical examination will include a drug screen test. As part of the criminal background check, the applicants fingerprints will be submitted to both the Department of Public Safety in Austin and the FBI in Washington D.C.
Policy The purpose of this section is to establish areas of responsibility for conducting criminal investigations. Criminal investigations consist of two distinct and yet closely interrelated phases: the preliminary investigation and the follow-up investigation. Preliminary Investigations (TBP 7.09) The preliminary investigation begins when the first police unit arrives at the scene. The basic activities of the preliminary investigation include, but are not limited to, the following: A. Provide aid to the victim. B. Determine if an offense has actually been committed and, if so, the exact nature of the offense. C. Protect the crime scene. D. Determine the identity of the suspect(s) and effect an arrest if it can be accomplished either at the scene or through immediate pursuit. E. Provide other units with descriptions, method and direction of flight and other relevant information concerning suspects and/or suspect vehicles. F. Obtain complete identification of all witnesses. G. Determine what information is known by the victim and each witness. H. Arrange for the collection of evidence, except when on-scene follow-up investigation will require specialized investigative units. I. Determine in detail the exact circumstances of the offense. J. Accurately and completely record all pertinent information on the appropriate forms. Responsibility for conducting preliminary investigation: A. Except in those cases where the presence of a uniformed officer would obviously prevent a proper investigation from being conducted, the preliminary investigation shall be conducted by the patrol officer(s) assigned to the call for service. B. The officer assigned shall notify their immediate field supervisor of a serious crime or one requiring immediate on-scene follow-up investigation. C. As soon as the preliminary investigation is concluded and before the patrol officer finishes his/her tour of duty for that day, the officer shall complete the initial field report, to include the narrative portion. The officer shall list on the report form all information obtained at the scene of the offense. D. It shall be the responsibility of the patrol supervisor to ensure that an adequate and complete preliminary investigation was conducted and either approve or return the report(s) for corrections.
Follow-up Investigation (TBP 7.10) The follow-up investigation is an extension of the preliminary investigation. The purpose of the follow-up is to provide additional investigation in order to effect the arrest of an offender, identify witnesses, and/or recover stolen property. Basic activities of the follow-up investigation include, but are not limited to the following: A. Crime scene searches. B. Identification and apprehension of the offender. C. Analysis and evaluation of evidence. D. Recovery of stolen property. E. Interviewing victims, witnesses and/or suspects and legally obtaining written statements. F. Interrogation of suspects. G. Determining if other crimes may have been committed by the suspect. H. Recording information obtained. I. Preparation of case for court presentation. Responsibility for conducting follow-up investigations: A. Patrol officers will be responsible for conducting and completing the investigation on most calls for police service. B. CID will be responsible for follow-up investigations assigned to them. Case assignments shall be made by the supervisors of each of these sections.
Stop and Frisk A stop and frisk of a subject is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety or the safety of others nearby or whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death. It is a pat down of the outer clothing of a person whom you have stopped to protect the safety of the officer or others. It is not a pretext for a search. Stop and Frisk of Vehicle and Occupants In the course of a vehicle stop, an officer may make a limited weapons frisk (pat down) of the suspects area of immediate control if the officer reasonably suspects the vehicle may contain a weapon that endangers the officer or others. To be entitled to frisk a subject, the officer must reasonably believe the subject is armed, and the frisk must be limited to discovery of guns, knives, club or other hidden weapons. The purpose of a frisk is not to discover evidence of crime, but to allow the officer to pursue his/her investigation without fear of violence. A vehicle is subject to a stop just like a pedestrian. An officer who feels justified in stopping the occupant of a vehicle and reasonably believes, from objective facts and rational interferences, the subject is dangerous and may gain immediate control of a weapon, may search those areas of the passenger compartment in the vehicle where a weapon may be placed or hidden. If, while frisking the passenger compartment, the officer finds contraband other than weapons, it may be seized. If an officer reasonably believes the subject is armed, the frisk may extend to a purse or bag the subject was carrying at the time of the stop. Legal Temporary Detention Where a police officer observes suspicious conduct or receives reliable information which causes the officer to reasonably believe the subject is involved in some criminal act, he may briefly detain the subject for the purpose of investigation. If an officer has reasonable suspicion based on specific facts that a subject was involved in or is wanted in connection with a criminal act, the officer may detain the person for investigation. The detention may be based on a bulletin or information issued by another department advising that the subject is wanted for investigation. A detention may be based on information received from an unknown person if enough of the significant details provided or particular prediction of specific future activity by the suspect are corroborated by independent investigation to indicate the person is credible and the information is reliable.
To justify a legal temporary detention, an officer must have specific objective facts which, in light of their experience and personal knowledge, with rational inferences from those facts, give the officer: A. A reasonable suspicion some activity out of the ordinary is occurring or has occurred; and B. The person to be detained is connected with the unusual activity and C. The activity is related to a specific crime. A stop based on a hunch is unlawful. Because the purpose of a stop is to briefly detain a suspect in order to investigate a crime in progress or a crime that has just occurred, the stop must be temporary and last no longer than necessary to accomplish its purpose. Miranda Warnings on Stop and Frisk (TBP 7.04) If the interview remains brief, casual, relatively neutral and non-accusatory, an officer need not inform the person of their Miranda rights. However, if the interview begins to focus on the person as a suspect, the officer shall cease the questioning or inform the suspect of their Miranda rights before proceeding. Execution of Arrest Warrants (TBP 7.02) An officer need not have actual physical possession of an arrest warrant in order to execute it. All warrants however, will be confirmed with the originating agency. In executing an arrest warrant, whether or not he/she has the warrant in possession, an officer shall announce to the person being arrested that the arrest is made pursuant to an arrest warrant. All warrants shall be confirmed with the issuing agency through the Communications Division so that a record of the confirmation can be made. Arrestee Taken Before Magistrate (TBP 7.02) All arrestees shall be taken before a magistrate, if one is available. The Code of Criminal Procedure requires the person making the arrest to take the arrestee, without unnecessary delay, before the magistrate who issued the warrant or ordered the arrest or before some magistrate of the county where the arrest occurs. When an officer arrests an offender outside the City of Haskell, the officer shall take the arrestee, without unnecessary delay, before the nearest available magistrate in the county or in the county bordering the county in which the arrest was made. Arrestees should be handcuffed during their appearance before the magistrate. An affidavit establishing probable cause (PC affidavit) will be required for all on-site Class B and above arrests. The affidavit should clearly state facts supporting all elements of each Class B and above on-site charge.
The following warrants do not require a magistrate appearance: A. Parole Warrant B. Violation of Probation Warrant C. Bond Forfeiture Warrant D. Security Withdrawal Warrant E. Contempt of Court Warrant F. Capias Pro Fine Warrant Capias Pro Fine A Capias Pro Fine is an order of the court directing a peace officer to arrest the defendant for failing to pay a fine. It is issued only after the defendant was found guilty and a judgment was entered by the court stating the amount of the fine. When an officer contacts an individual who has an outstanding Capias Pro Fine Warrant issued by any agency (other than the City of Haskell), the officer will obtain a current home address and current business address from the individual and forward this information to the issuing agency. The individual should then be released. An arrest should be made on persons with confirmed Haskell Capias Pro Fine Warrant(s). The charge on the arrest paperwork should include the acronym CPF and bonds should be titled cash bond. Arrestees Time in Custody It is the intent of the Department to minimize the time an arrestee spends in the custody of the Department. The Department maintains temporary custody of arrestees following their arrest until they are arraigned, transferred to the custody of the Sheriff or other law enforcement agency or released. Arrest without a Warrant (TBP 7.03) An arrest without a warrant must be based on probable cause. Probable cause is defined as: That total set of apparent facts and circumstances based on reasonably trustworthy information which would warrant a prudent person to believe something for example, that a particular person has committed some offense against the law. Authority to Arrest without a Warrant (TBP 7.03) The authority to arrest without a warrant is provided in Chapter 14 of the Code of the Criminal Procedure. Arrests without a warrant are to be made only in accordance with those provisions.
Informant Information for Warrant When an officer relies on information from an informant to establish probable cause, the officer must be able to state: A. Their reason(s) for believing the informant to be reliable and B. The underlying circumstances from which the informant concluded a particular person committed an offense. If circumstances permit, an officer shall seek some corroboration or confirmation of the information they receive from a victim or witness. Non-consensual Entry Prohibited Officers may not make a warrantless and non-consensual entry into a suspects home in order to make a routine felony arrest. Arrest Not Required An officer does not have to make an arrest every time they have probable cause to do so. In some circumstances, and for good cause consistent with public interest, an officer may decline to arrest. Release Not Delayed When an arrest is made and circumstance dictate the person should be released, the release will be made without delay. Miranda Required If a suspect is under custodial arrest or detention (other than temporary detention), an officer cannot question the suspect without first giving the Miranda warnings. Undocumented Immigrants Undocumented immigrants may not be arrested without a warrant solely upon the suspicion they entered the country illegally. When a suspected undocumented immigrant is arrested, the Border Patrol should be notified.
Preparation of a Search Warrant (TBP 7.06) Search warrants obtained by personnel of the Department will conform to those standards set out by Chapter 18 of the Code of Criminal Procedure. Execution of Search Warrants Unless permitted under the written directive concerning warrantless search and seizure, an officer shall not conduct a search or seize property without a search warrant. An officer shall execute a valid search warrant as provided by law and by written departmental directives. Warrants Require Proper Form An officer shall presume any search warrant, which appears in proper form, is valid. If the search warrant lacks proper form, the officer shall not execute it but shall return it to the magistrate who issued it. An officer shall not alter the information on any search warrant in any manner. Copy of Warrant for Residence Whenever an officer executes a search warrant, they shall bring it with them to the scene and provide a copy of the search warrant order to the person in charge of the premises. If the premises are unoccupied, the officer shall leave a copy of the search warrant order in a conspicuous location inside the place named. The search warrant affidavit will not be provided to the person in control of the premises, nor left at the scene, unless ordered by the magistrate. Search Warrant Served Within Time Limit A search warrant shall be executed as soon as practical after it is received, but in no event more than three (3) whole days after the magistrate issues it. In calculating the days allowed for execution, the day of issuance and the day of execution are excluded. The time of day for executing the search warrant should be based on the following considerations: A. Execute when the property to be seized is most likely to be present. B. Execute when resistance is least expected and best controlled. C. Balance the safety, effectiveness and convenience of the officer and the occupants.
Search of Proper Place An officer shall only execute the search warrant and make the search at a place described in the warrant. A. An officer may search all buildings, structures and curtilage named in the warrant where the items sought may be kept. B. If a warrant describes the place to be searched as a limited portion of larger premises, the officer may not extend the search to other unnamed portions. C. The search warrant should, when applicable, specify any vehicles to be searched on the premises. Vehicles not within the curtilage (example: public street) and not particularly described in the warrant must conform to the requirements of the definition of exigent circumstances and/or the written directive concerning warrantless searches. Search Only for Items Named An officer shall search only for items named in the search warrant. An officer shall not search those places or things which could not contain or conceal the items described in the search warrant. Seizure of Unnamed Items An officer may seize items not named in the search warrant, but discovered during a lawful search, if he found the items in a place reasonably within the scope of search, and he has probable cause to believe they are: A. Contraband. B. Fruits of a crime (such as stolen property); C. Evidence of a crime or D. Instruments of a crime Search for Named Person An officer may search a person found upon the premises: A. Incident to a lawful arrest of that person; B. If the warrant gives the name and useful description of that person (e.g. usually owner or person in charge of the premises); C. If the warrant specifies (e.g. any person(s) unnamed, found on the premises); D. If the officer has reasonable suspicion that a particular person is armed and endangers any person or
E. To prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant, if the officer has a reasonable suspicion that the person may have such items on his person. In determining whether reasonable suspicion exists, officers should consider: 1. The nature and physical quality of the item sought; 2. The ease with which the item may be disposed of if so concealed; 3. Whether the officer has located the items on the premises and 4. The relationship of the person to the premises (such as owner, resident or visitor) and to those in control of the premises. Chiefs Notification When executing a search warrant in a major raid, the officer in charge shall notify the Chief of Police or the Chiefs designee. Participation Limited Only peace officers will generally participate in the execution of a search warrant. However, when appropriate, the supervisor in charge may permit other persons to accompany him in such execution for the safe and expedient execution of the warrant. Supervisor Responsible for Safe Execution The supervisor in charge shall take appropriate measures to ensure the safety and security of fellow officers, the items sought and any persons at the scene of the execution. Entry by Minimum Force An officer shall enter the premises by the least forceful means possible under the circumstances. However, when exigent circumstances exist, which unduly jeopardize the safety and security of the officers, the items sought or persons in the area, an officer shall enter the premises by the most efficient means practical to the situation. Control of Persons When necessary, an officer shall first enter the building or other premises and locate and control the movement of all persons who might hinder the search or pose a threat to safety. The officers shall also locate and control all items, which might be used as weapons. A. An officer shall use the least amount of force necessary to secure the premises. B. Officers shall, as soon as practical, display the search warrant, and explain the reason for the search.
Secure then Search After securing the premises, an officer shall search for the items named in the search warrant. A. An officer shall diligently attempt to prevent and minimize damage to the premises and property. B. During the course of the search, the supervisor in charge shall ensure that a record is made of the date and time, items seized and where each seized item was found. Each officer shall safeguard the admissibility of all seized property by protecting the chain of custody of the seized property. As to all items seized, the officer in charge shall furnish an inventory to the person from whose possession or control they were taken. If no such person is present, the officer should leave the inventory in a logical and conspicuous place on the premises. The officer in charge shall complete the return to the magistrate. C. An officer shall take reasonable measures to secure the premises upon completion of the warrant execution. One Search per Warrant A search warrant authorizes only one search of a premise. Thus, an officer cannot search the premises again under the same warrant once he has executed the warrant and left the premises. Duty to identify In cases of combined warrants commanding both arrest and search at a premise or where an officer reasonably suspects an occupant may be named in an outstanding arrest warrant, an officer may require any person on the searched premises to identify themselves in order to determine whether the arrest warrant names that person. During the execution of any search warrant, an officer may require persons on the premises who witnessed the search or arrest to submit to being photographed and to identify themselves. The requirement to be photographed does not apply to juveniles. Arrest of Persons on Premises An officer may arrest any person who attempts to escape or who forcefully resists or interferes with the lawful execution of a search warrant.
Warrantless Search and Seizure (TBP 7.07) An officer, without a warrant, may seize property if: A. The officer lawfully occupied their vantage point when they observed the property through their senses, B. The officer can observe and seize the property without unreasonable intrusion on any persons reasonable expectation of privacy. C. The officer immediately realizes the observed property is seizable property, and the observation of the property occurred inadvertently. D. When practical, and if the imminent destruction or removal of the property appears unlikely, an officer should obtain a search warrant. If necessary and practical, an officer may guard the property until the search warrant can be executed. E. For the purposes of this section, seizable property is defined as an item that is categorized as: 1. Contraband, 2. Fruits of a crime, 3. Evidence of a crime or 4. Instruments of a crime Unclothed Searches (TBP 7.07, 10.14) An officer may conduct an unclothed search if they have reasonable suspicion that such a search is necessary to detect seizable evidence of a particular crime or a hidden weapon. The unclothed searches cannot include a search of body cavities or extend beneath the body surface. Searches require prior supervisor approval and should always be conducted in a controlled environment. A search of an arrestees body cavities shall only be conducted pursuant to consent or a search warrant under sanitary conditions. The search may be conducted only in a medically approved manner by medical personnel. Search Incident to Lawful Arrest (TBP 7.07, 10.15) An officer may search a person incident to a lawful custodial arrest. A. An officer shall confine a search incident to an arrest to the person arrested and that persons area of access at the time of the arrest. An officer may also search beyond the arrestees area of immediate control for other persons who the officer has reason to believe endanger the safety of the officers. The search shall be limited to locating and controlling movements of such persons.
B. Whenever practical, an officer shall obtain an arrest warrant in conjunction with the search warrant if they have probable cause to believe seizable items will be found at the expected place of arrest. Booking Searches An arrested person shall be searched during the booking process in order to: A. Remove any seizable property and items he/she might use to escape or to injure himself or herself and B. Inventory and protect his or her property from damage or theft while he/she is incarcerated. Search of Suspects Mouth When an officer has probable cause to believe a person has a seizable quantity of evidence in their mouth, the officer may use reasonable force to recover the evidence. Except for situations where a persons life is in jeopardy, choking a suspect for the sole purpose of retrieving small quantities of evidence is not reasonable. Exigent Searches In an emergency, an officer may enter a premises or vehicle without a search warrant if they have probable cause to believe it is necessary to: A. Aid persons in immediate danger of death or bodily injury or B. Prevent, if appropriate, the imminent destruction of property and/or evidence. Prior to non-consensual or forced entry, and within the limits allowed by the particular emergency, the officer shall reasonably attempt to obtain consent to enter the premises or vehicle. Following entry, the officer may search the premises or vehicle only to the extent necessary to carry out the purposes of the entry. The officer shall secure the building or vehicle prior to leaving either by release to a responsible person, or by making all reasonable effort to physically secure the property. Hot Pursuit Arrest/Search An officer in fresh (hot) pursuit of a fleeing suspect may pursue them into a vehicle or premises in order to arrest them only under the following circumstances: A. The suspect has committed a felony offense. B. The suspect has committed a Class A or B misdemeanor offense and a delay in arrest will result in destruction or degradation of evidence.
Following entry, the officer may search the premises only to the extent necessary to locate the suspect, protect himself or others and recover the evidence. Once the suspect is arrested, any further search must comply with the other rules of this chapter. Abandoned Property An officer may, without a warrant, search for and seize any seizable property found in any open field or determined to be abandoned property. Consent to Search When an officer has reason to make a warrantless search, they may request consent to search from any person who has authority over the thing or place to be searched. Consent may be given verbally or by use of the authorized departmental consent form. A. In all cases, the officer shall advise the person giving consent that they have the right not to consent and, if they consent, anything found might be seized and used as evidence. B. An invitation to enter the premises does not give the officer consent to search. C. If the consent to search is later revoked, the officer must immediately stop the search. If the consent to search is later limited, the officer must restrict it to the new limit. However, the officer may still seize all seizable property discovered prior to the withdrawal or limitation of consent and then apply for a search warrant if necessary. D. A consent to search can be withdrawn by any person with authority over the thing or place being searched regardless of anothers consent with equal standing. Search Incident to Arrest, Vehicle When an officer has made a lawful custodial arrest of the occupant of an automobile, including a passenger, he/she may, incident to the arrest, search the passenger compartment of the automobile and examine the contents of any containers, whether open or closed, found within the passenger compartment if either of the two following circumstances exist: A. The arrestee is within reaching distance of the passenger compartment at the time of the search or B. It is reasonable to believe the vehicle contains evidence of the offense of the arrest. Warrantless Vehicle Searches When an officer has probable cause to believe a vehicle contains seizable property, they may conduct the search without a warrant if an exception to the warrant requirement, such as exigent circumstances, exists. When determining whether a search without a warrant is appropriate under this rule, an officer should consider:
A. Whether the vehicle could be easily removed from the jurisdiction; B. Whether any person might obtain access to the evidence believed to be contained in the vehicle or C. Whether the nature of the evidence makes it likely to be destroyed by the passage of time or exposure to the elements. When an officer has probable cause to search a vehicle, the officer may search: A. Any part of the entire vehicle where the item sought could be located, whether or not an arrest is made, B. Either at the place where the vehicle is first located or at a more convenient location. If a vehicle is to be moved in favor of a more convenient location, officers are advised to keep the suspect with the vehicle.
Purpose It is the purpose of this policy to establish procedures for photographic line-up and field identification. These procedures are established for the purpose of: A. Maximizing the reliability of eyewitness identifications; B. Minimizing the possibility of misidentification and the unjust accusation of innocent persons and C. The establishment of reliable evidence that conforms to current legal procedures and admissibility standards of legal proceedings. Policy Eyewitness identification is a frequently used and necessary investigative tool. Officers should strictly adhere to the procedures set forth in policy. All eyewitness identifications shall be corroborated through independent evidence whenever possible. Arrests based solely on eyewitness identification should only be made with the approval of a supervising officer. Definitions Sequential photographic line-up presentation of photographs one at a time in a random order before an eyewitness for the purpose of identifying and eliminating suspects. Simultaneous photographic line-up presentation of photographs at the same time, arranged in random order, before an eyewitness for the purpose of identifying or eliminating suspects. Independent administrator a person who administers the line-up to the witness and does not know which member of the line-up is the suspect nor the order in which the suspects photo appears in the sequence. The independent administrator should not be directly involved in the investigation whenever possible. Blind testing procedure a photographic line-up procedure wherein the person administrating the test, acting as an independent administrator, does not know the identity of the suspect. Fillers in photographic line-ups, photos of persons not suspected in the offense under investigation and used in the photo line-up. In live line-ups, people not suspected in the offense under investigation and used in the live line-up. Live line-ups are a distinct and separate process from field identification. Field identification the presentation of a single suspect to an eyewitness within three (3) hours following the commission of a crime.
Primary investigating officer the person designated as the investigator who has primary responsibility for the investigation of the crime at hand. For purposes of this policy, this designation may include any officer regardless of rank or title. This person may be the primary responding patrol officer, a detective or any other officer as deemed necessary by police supervision. Photographic Line-up Procedures (TBP 7.32) Preparing photographic line-ups: A. Photographic line-ups must use a minimum of six (6) photographs. B. Photographs of individuals used as fillers are the same sex, race and reasonably similar in age, height and weight of the suspect. C. Offices should avoid the use of fillers that closely resemble the suspect. A witness familiar with the suspect should not find it difficult to distinguish the suspect from the fillers. Fillers should not so closely resemble the suspect that the witness confidence in the identification is diminished. D. Photos of the same size and compositions should be used. Do not mix color photos with black and white. Do not mix photos of different types such as drivers license photos with mug shots. All photos should be from the same type source if possible. E. The identity of all fillers used in the photographic line-up should be known to the investigator preparing the line-up whenever possible and documented in the case file. F. Do not use more than one photo of the same suspect. G. If there is more than one suspect, the investigator shall prepare a separate line-up for each suspect. H. When it becomes clear during the course of the investigation that a photo line-up will be used, the lead investigator shall identity the independent administrator and ensure that the person does not have access to the suspects photo prior to the administration of the photo line-up. Presenting photographic line-ups: A. The presentation of a photographic line-up to a witness shall be conducted by an independent administrator in order to avoid actions or statements that could contaminate the witness perception or judgment. B. The independent administrator should assess the photo line-up to ensure its compliance with this chapter. C. The administration of the photo line-up to the witness should be documented by the independent administrator utilizing video and audio recording equipment. D. The photographic line-up shall be administrated to one witness at a time so they will not be aware of other response made by other witnesses. E. Any person conducting a photo line-up shall never influence or attempt to influence a witness in identifying a suspect.
F. The following instructions shall be given to each witness prior to viewing a photo line- up: 1. You will be asked to view a collection of photographs. 2. The person who committed the crime may or may not be present in the photo line- up. 3. You do not have to identify anyone. 4. Regardless of whether you make an identification, we will continue to investigate this incident. 5. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties. 6. While you examine the images, think back to the event and what you observed. 7. Persons in the photographs may not appear exactly as they may have on the date of the incident because features change such as facial hair, head hair, etc. 8. At the conclusion of this procedure, I will ask you to state why you are certain of your identification or why you feel that you could not identify anyone. G. The independent administrator shall use the Line-up Viewing Form to document the identification regardless of outcome. If a positive identification is made, the witness should also circle the appropriate photograph and note the date/time on the photo line- up. Responsibility of investigating officers: A. Primary investigating officers: 1. Prepare the photo line-up and place it in a folder for the independent administrator. 2. Document the identifying information on all filler photos whenever possible. 3. Preserve the photo line-up, documentation and recordings of the administration for evidence. 4. If the witness is illiterate, arrange for the independent administrator to ensure the witness understand the instructions provided by this policy. 5. If the witness is hearing impaired and utilizes sign language to communicate, arrange for an interpreter/translator to be present that can be utilized by the independent administrator. If an interpreter is used, that person and subsequent translation must be observable on the audio/video recording. 6. If the witness is non-English speaking, arrange for an interpreter/translator to be present that can be utilized by the independent administrator. If an interpreter issued, that person and subsequent translation must be observable on the audio/ video recording. 7. If translators/interpreters are utilized, the primary investigating officer must ensure said translator/interpreter is unaware of the identity of the suspect to maintain the independent administration of the photo line-up.
B. Independent administrator responsibilities: 1. Provide the witness with the Line-up Viewing Form and explain the instructions listed at the top of the form. 2. While explaining the instructions to the witness, ensure that the line-up is not visible (preferably contained in a folder). 3. Regardless of whether the line-up to be given is being administrated in a sequential fashion or a simultaneous fashion, ensure the photographs are numbered and order of presentation is documented. 4. Ensure the witness looks at all photographs regardless of when or if the identification is made. 5. Complete the remainder of the Line-up Viewing Form. 6. Return all files, photographs, line-ups and forms to the primary investigating officer. Field Identification Procedures (TBP 7.32) When an officer develops a suspect in reference to a specific offense, they may employ a one- on-one identification where the victim and/or witness may observe the suspect for identification purposes. When conducting a one-on-one identification, the officer should consider: A. The witnesss opportunity to view the offender during the offense (a complete description of the suspect should be obtained from the witness prior to identification); B. The witnesss degree of attention; C. The accuracy of the witnesss prior description of the criminal and D. The length of time between the crime and the field identification (three (3) hours is generally accepted in Department operations as the time frame in which one-on-one identifications should be conducted). When a suspect is being detained on reasonable suspicion and they refuse to cooperate in a one-on-one identification, the witness should be taken to the suspects location in order to participate in the identification process. Officers should conduct all eyewitness identification procedures in a fair and impartial manner in order to avoid suggestiveness and influence on witnesses. A complete video and audio record of the identification procedure should be made. Field identification should only be conducted with one witness present at a time. If the field identification is conducted for more than one witness, it should be done separately. The witnesses should be separated and not permitted to communicate before or after the field identification until the results are documented. No witness should be able to observe another witness during the presentation of the suspect. The same suspect should not be presented to the same witness more than once.
Field identification should not be conducted when the suspect is handcuffed or otherwise restrained unless safety concerns dictate otherwise. Suspects should not be required to put on clothing worn by the perpetrator, to speak words uttered by the perpetrator or to perform other actions of the perpetrator. Words or conduct of any type by officers that may suggest to the witness that the individual is or may be the perpetrator should be avoided. Supervisory approval should be obtained before conducting a field identification. The following should be given to each witness prior to conducting a field identification or one- on-one procedure: A. You will be asked to view a person. B. The person who committed the crime may or may not be the person presented. C. You do not have to identify anyone. D. Regardless of whether you make an identification, we will continue to investigate this incident. E. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties. F. While you examine the person, think back to the event and what you observed. G. At the conclusion of this procedure, I will ask you to state why you are certain of your identification or why you feel you could not identify anyone. Live Line-up Procedures (TBP 7.32) Live line-up procedures will be addressed in the policies of the Criminal Investigation Division.
Affidavit/Statement/Narrative Contents The purpose of affidavits and statements is to document or record details of crimes and other incidents in writing. Affidavits are to contain as much detailed information as can be obtained from victims of crimes and the witness(es) to crimes or incidents. Detailed points to be answered in sworn affidavits are basically who, what, when, where, why and how. Officers should refrain from including opinions or items not observed by the officer.
Emergency Driving (General) The Departments primary objective in all emergency driving situations is the protection of lives and the safety of all persons. During emergency driving situations, officers will operate their vehicles with extreme caution and in accordance with Chapter 546 of the Transportation Code. Driving under emergency conditions does not relieve the officer from the duty to drive with due regard for the safety of all persons nor will these provisions protect the officers from the consequences of their reckless disregard for the safety of others. Negligent or reckless action committed by police officers while in pursuit or when responding to emergencies is prohibited by law and expressly forbidden by this policy. The duty to avoid damage or injury to innocent third parties is superior to that of the pursuit or emergency response. Emergency Driving (Non-Pursuit) (TBP 7.15) Definitions: A. Non-pursuit emergency driving is the operation of an authorized emergency police vehicle (with emergency lights and siren activated) by a police officer in response to a life threatening situation or violent crime in progress, using due regard for the safety of all persons. B. Emergency response is limited to situations where there is a substantial risk of injury or danger to life. The decision by an officer or a supervisor to drive, or continue to drive, under emergency conditions will be in accordance with the provisions of this procedure and will be based on the following considerations: A. Officers will consider such factors as time of day, traffic conditions, location, weather and other factors, which may be a potential hazard or liability to themselves or other persons. B. Officers will have sufficient information to justify the decision to drive under emergency conditions. C. When responding to an emergency situation, including officer needs assistance, officers will keep in mind that though a rapid response may be important, safe arrival is necessary in order for them to be of assistance.
Code 3 Proceed directly and as quickly as reasonably possible, using all emergency warning equipment constantly. Speed may exceed the posted limit as long as it is reasonable for the existing conditions. Officers should approach all intersections with caution and proceed only when it is absolutely safe to do so. Officers engaging in a Code 3 response must ensure that their MVR is recording during that response. No officer should operate a police vehicle in emergency (Code 3 or pursuit) status with any passenger(s) other than a police officer(s). During emergency situations where a civilian rider is left behind, the officer shall notify Communications in order to have someone dispatched to the riders location. Police vehicles not equipped with emergency lights and siren should not be operated in emergency (Code 3 or pursuit) status. Code 2 Proceed directly to call without delay and without the constant utilization of emergency warning equipment. Officers may not exceed the speed limit by more than 10 M.P.H. (15 M.P.H. on a divided highway) and shall stop at all red lights and stop signs before proceeding with extreme caution. Officers shall use emergency lights and siren to clear intersections once they have stopped, cleared the intersection and have made sure each vehicle and pedestrian in the area acknowledges their presence and have yielded right of way to them. Police officers responding in a Code 2 mode may operate without using emergency warning devices only when the officer is responding to an emergency call and the officer has probable cause to believe that: A. Knowledge of the officers presence will cause the suspect to destroy or lose evidence of a suspected felony; B. Knowledge of the officers presence will cause the suspect to cease a suspected continuing felony before the officer has acquired sufficient evidence to establish grounds for arrest; C. Knowledge of the officers presence will cause the suspect to evade apprehension or identification of the suspect or suspects vehicle; D. Traffic conditions on a roadway are such that movement of motorists in response to the emergency warning devices may increase the potential for a collision; E. An officer needs assistance to the degree that any delay of assistance could result in loss of life or severe bodily injury to persons involved, but a Code 3 response is likely to escalate the situation or F. An officer needs assistance but the gravity of the situation does not require a Code 3 response. G. Officers engaging in a Code 2 response must ensure that their MVR is recording during that response.
Code 1 Unless otherwise authorized by this chapter, all officers of the Department will operate their vehicles in a Code 1 mode. Code 1 is driving in compliance with all traffic laws. Emergency Driving (Pursuit) (TBP 7.13, 7.14, 7.15, 7.18) Definition: A motor vehicle pursuit is an attempt by a law enforcement officer operating an authorized emergency vehicle, utilizing emergency equipment, emergency lights and siren, to apprehend occupant(s) of another motor vehicle, when the driver of the fleeing vehicle is aware or should reasonably be aware of that attempt, and is resisting apprehension by maintaining or increasing the speed of his/her vehicle, disobeying traffic laws, ignoring the officer or attempting to elude the officer. An officer may only engage in pursuit to affect an arrest when: A. Low speed pursuit the suspect vehicle is: 1. Not exceeding the posted speed limit by more than ten (10) miles per hour (fifteen (15) M.P.H. on a divided highway); or 2. Not being driven in a hazardous manner that would subject the public to substantial risk of injury or damage to property. If the suspect driver exceeds the speed limits stated above; or commits a hazardous violation after the pursuit has begun or begins to drive in a hazardous manner, the pursuit will be terminated. B. Prior to initiating the pursuit, the actions of the driver present such a clear and immediate hazard of death or serious bodily injury to other motorists or persons currently on or near a roadway that the immediate apprehension of the suspect is required to terminate the hazard. An immediate hazard would be similar to a vehicle weaving all over the roadway or being driven against the flow of traffic on the interstate. If an officer observes a single hazardous violation, he or she should attempt to stop the violator. Continued hazards that are occurring because the driver is attempting to elude law enforcement, however, is not justification for a pursuit. C. Prior to initiating the pursuit, probable cause exists that the violator has committed a felony offense. A pursuit cannot be initiated merely because the suspect flees from a traffic stop. D. Prior to initiating the pursuit, it is known that the person attempting to flee is committing an assaultive act that places a person in immediate danger of injury to health, life and/or safety of persons other than the suspect. E. Prior to initiating the pursuit, the officer is attempting to apprehend the suspect to prevent the suspect from acting out threats to the life, health and/or safety of persons other than the suspect and the pursuit is necessary for the prevention of offenses related to the threats.
The decision to avoid apprehension and cause a pursuit to be initiated rests with the suspect. Once a pursuit has begun, the responsibility to continue a pursuit in the safest possible manner or to discontinue a pursuit when conditions no longer justify a pursuit rests with the pursuing officer and their supervisor(s). During a pursuit, the officer(s) and the supervisor will constantly evaluate the need to continue the pursuit against the risk of injury to any innocent person or damage to property. The decision to terminate a pursuit based upon the greater safety needs of the community is proper police procedure. When an officer decides to continue a pursuit a suspect has begun: A. No more than two (2) marked units will be involved in the pursuit unless additional units are specifically instructed by the supervisor in charge to become engaged; B. The officer attempting to make the initial stop will be the primary unit; the other officer will be the back-up unit and C. The primary unit will activate the vehicles emergency lights and siren and immediately notify Communications of the pursuit by using the term 10-80 and give the following information (failure to give any of the information may be cause for the supervisor in command to terminate the pursuit): 1. The unit identifier; 2. Location and direction of travel; 3. All available identifying information of the suspect vehicle and occupant(s) and 4. The nature of the offense for which the fleeing vehicle is being pursued. D. The back-up unit upon becoming actively involved in the pursuit will: 1. Activate the emergency lights and siren; 2. Immediately notify Communications; 3. Follow the primary unit and maintain sufficient distance between their unit and the primary unit to ensure safe operation of both vehicles and 4. Take over radio communications being allowed to turn their siren off when necessary to successfully communicate over the radio. E. Other units will be support units and may: 1. Operate lights and siren as needed for purposes of safety, such as in a Code 2 mode in order to clear intersections in the path of an on-coming pursuit but 2. Will not become actively engaged in the pursuit unless directed to do so by the supervisor in command. F. Support units will: 1. Cover possible escape routes and 2. Be available to assume a backup or primary role should one of the original units become unable to continue the pursuit.
G. Support units that inadvertently intercept the pursuit, will not attempt to intervene, but will instead attempt to obtain additional identifying information about the suspect vehicle and driver. H Police motorcycle units and K9 units may become involved in a pursuit only when immediately necessary to insure the safety of officers and citizens. Drivers of these units should seriously consider the hazards of their involvement and should begin and/or continue the pursuit only when no other reasonable alternatives are available. When any other marked police unit joins the pursuit, the motorcycle or K9 officer will immediately terminate their involvement. When Communications receives notification of a pursuit is in progress, the operator will: A. Immediately ensure a Patrol supervisor is aware of the pursuit; B. Clear the primary channel of all traffic not specifically related to the pursuit; C. Begin all available intelligence checks using the information supplied by the primary unit; D. Report the results of the intelligence checks as soon as possible to the involved units when radio traffic and a consideration for the safety of the involved units make it feasible to do so; and E. Record all incoming information concerning suspect and suspect vehicle descriptions, direction of travel of the pursuit and all times when information is received. It is not necessary or recommended to broadcast all times. Times of major events of the pursuit and other occasional time references are all that are necessary to be broadcast. The supervisor, upon notification a pursuit is in progress, will immediately notify Communications he is aware of the pursuit and by doing so, he has assumed command of and responsibility for the pursuit. Thereafter, they will: A. Not become actively involved in the pursuit as the primary or back-up unit; B. Be responsible for the safe conduct of the pursuit in accordance with these provisions; C. Continually re-evaluate the need to continue the pursuit; D. Terminate the pursuit when, in their opinion, the dangers of continued pursuit outweigh the need to apprehend the suspect and E. Be responsible for seeing a pursuit report is prepared and forwarded. During the pursuit, the supervisor will be responsible for: A. Directing units into or out of the pursuit; B. Re-designation of primary, back-up, or support units when necessary; C. Approval and use of tactics designed to disable the fleeing vehicle and D. Approval to leave the jurisdiction of the Department in order to continue the pursuit.
The pursuit will be immediately terminated if: A. Any supervisor terminates the pursuit; or B. Environmental factors such as rain, ice, snow, fog or dust substantially increase the dangers of the pursuit; or C. The pursuit proceeds into an area of heavy traffic or pedestrian congestion; or D. The primary unit loses sight of the suspect vehicle for other than a very short period of time or E. When it reasonably appears that potential harm to persons or property arising from such pursuit outweigh the potential harm threatened by the offender. The officer should consider all relevant factors including: 1. The nature of the offense committed by the offender; 2. The extent to which the offender may be identified; 3. Present ability of other officers to apprehend the offender; 4. Knowledge of previous activities of the offender and 5. The potential for physical harm to persons or property resulting from the pursuit of the offender. Upon notification a pursuit has been terminated, all involved unites will: A. Immediately cease emergency operation; B. Acknowledge by radio the pursuit has been terminated; and C. Return to normal police operations. At no time will any officer continue in pursuit of a suspect vehicle after notification that the pursuit has been terminated. Department units will not be used for ramming a suspect vehicle. Officers will not create a blockade unless the following conditions exist: A. Only when the use of deadly force is authorized and only after all other reasonable means of apprehension have been exhausted may an officer attempt to apprehend a fleeing offender by creating a blockade. B. Prior to constructing a blockade, an officer must receive permission and specific instructions to proceed from the Chief of Police. C. If a blockade is constructed, the officer must employ a reasonably effective advance warning system in order to alert motorists, including the offender, of an approaching blockade. Such deployment shall occur no later than at the time the blockade becomes operative. D. At no time shall the officer position himself or herself behind the blockade in the direct line of the offender.
An officer shall not use deadly force against a fleeing offender unless the officer has probable cause to believe his own actions will not further jeopardize innocent bystanders and the offender: A. Committed a felony that involved the use or threatened use of deadly force or otherwise caused death or serious bodily injury; B. Will likely cause death or serious bodily injury to others if the offenders arrest is delayed; C. Cannot safely be apprehended by using less force and D. Where feasible, the officer has given some warning of the use of deadly force. If the pursuit leaves the jurisdiction of the Department: A. The primary officer will advise Communications; B. The supervisor will decide whether to terminate the pursuit or allow it to continue and C. If the agency with jurisdiction joins the pursuit, the Department will remain as the primary unit until the agency with jurisdiction, by action or voice, assumes the role as the primary unit. Department units will remain in the pursuit, as a primary or secondary unit, until the suspect is apprehended, escapes or the pursuit is terminated by the Department. If the Department terminates the pursuit, all efforts will be made to inform the outside assisting agencies that the pursuit is being terminated and why. If another agency becomes involved in a Department pursuit within the city limits, the following will apply: A. If a unit from another agency becomes involved, the Department units will continue their roles as primary and back-up units until such time as the supervisor deems our roles need to be changed. B. The primary unit will immediately advise Communications so that Communications can begin trying to establish communications with the other agency. Communications will ask the other agency to switch to a common frequency so the pursuit supervisor can communicate car-to-car with the other agency and determine what role each agency will take. C. The supervisor in command will re-evaluate the pursuit and terminate this Departments involvement in the pursuit if the situation becomes so hazardous that our continued pursuit is unreasonable. If the supervisor terminates the pursuit or changes the roles of our units, he/she will advise the other agency of the termination or role changes.
When a pursuit involving units of another jurisdictions enters the city limits of Haskell: A. Communications will advise the Chief of the pursuit; B. Police units of the Department will serve only as support units and will not become actively involved in the pursuit unless assigned by a supervisor; and C. Department units will act as backup units as necessary and as assigned by a supervisor should the suspect vehicle stop within the city limits of Haskell. The Patrol Officer on duty during the pursuit is responsible to ensure a full report of every pursuit will be forwarded to the Chief of Police through the chain of command, including: A. Officers report of the pursuit, copies of other paperwork generated by the pursuit including arrest documents, case reports, criminal history of the suspect, medical forms and statements of witnesses. B. Supervisors report including an evaluation of the involved officers report and any city accident/injury report forms and medical forms. C. Communications pursuit report, including a copy of the recording made during the pursuit and Stop Stick Deployment (TBP 7.19) Deployment of Stop Sticks may be utilized to attempt to safely terminate pursuits authorized under this policy. The goal of deployment is to quickly and safely end pursuits with minimal property damage and/or injury to any party. The safety of citizens and officers is of the utmost concern. Stop Sticks will not be deployed to stop fleeing motorcycles unless the use of deadly force is justified. Officers deploying Stop Sticks will adhere to the following guidelines: A. Stop Sticks should only be deployed on a roadway where there is minimal traffic and other obstacles (i.e. parked cars, pedestrians, etc.) on the roadway. B. Officers should avoid deploying Stop Sticks immediately before a curve in the road, if possible. C. Officers should utilize cover and/or concealment in the deployment of Stop Sticks both as a safety factor for them and to not provide the fleeing suspect the opportunity to avoid them. Officers will avoid deploying in an open area with no cover. D. Officers deploying Stop Sticks will advise Communications and pursuing units of the location of deployment. Pursuing officers will take this into consideration and give enough distance behind the fleeing suspect vehicle to allow Stop Sticks to be withdrawn from the roadway after the suspect vehicle passes. E. In the event a patrol unit inadvertently receives a blown tire, the officer will immediately terminate their involvement in the pursuit.
F. If the fleeing suspect attempts to hit the officer deploying the Stop Sticks, that information will be immediately broadcast to Communications and all units. After successful deployment of the Stop Sticks and the termination of the pursuit, the officer will take the utilized sections of the Stop Sticks out of their black sleeves and replace with new section. The used section(s) will be forwarded to the Pursuit Review Board chairman so he may complete the necessary report to the Stop Stick company for replacement of the used sections. A Use of Force form will be filled out and forwarded to the Director and Chief of Police. 1
Haskell Police Department
December 2011
____________________________________ Director of Public Safety Mathew Duran
Richard Candelaria Chief of Police
Property and Evidence Manual 2
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EVIDENCE AND PROPERTY MANUAL
You, the users of this Manual, are the most important element in keeping this publication current and viable. You are encouraged to submit any comments or recommendations pertinent to this manual at any time.
Comments should be KEYED TO SPECIFIC PAGE, PARAGRAPH AND LINE of the text in which you feel an improvement is needed. You should provide reasons for each comment to ensure complete understanding and evaluation of your comment and recommendation. Send your comments to the Chief of Police in a memorandum format.
APPENDIX 2 EVIDENCE PACKAGING CHART ......................................................................... 63 APPENDIX 3 COMPLIANCE TEST .............................................................................................. 67 APPENDIX 4 LETTERS ........................................................................................................... 74 APPENDIX 5 SPECIAL ORDERS ................................................... ERROR! BOOKMARK NOT DEFINED. PROCEDURES FOR HANDLING PROPERTY ............ ERROR! BOOKMARK NOT DEFINED. PROPERTY ROOM SAFETY: ........................................ ERROR! BOOKMARK NOT DEFINED. PROPERTY ROOM SECURITY ...................................... ERROR! BOOKMARK NOT DEFINED. RIGHT OF REFUSAL ................................................. ERROR! BOOKMARK NOT DEFINED. WITHDRAWAL AND RETURN OF PROPERTY .................... ERROR! BOOKMARK NOT DEFINED. DISPOSITION OF HAZARDOUS MATERIAL ...................... ERROR! BOOKMARK NOT DEFINED. DRUG TRAINING POLICY .......................................... ERROR! BOOKMARK NOT DEFINED. PROPERTY AND EVIDENCE COMPLIANCE TEST ................ ERROR! BOOKMARK NOT DEFINED. PROPERTY AND EVIDENCE INVENTORY ......................... ERROR! BOOKMARK NOT DEFINED. APPENDIX 6 COMMON CHEMICALS ..................................................................................... 79 PRECURSOR, REAGENT & SOLVENT USES ......................................................... 80
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Section A
General Information
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Introduction
This Manual is a complete revision of the Haskell Police Departments Property and Evidence Manual. However, much of the information will be familiar to the users because some of the information was taken directly from the previous two versions of the Departments Property and Evidence Manual.
1-1 Summary
This manual covers evidence procedures, including collecting, receiving, processing, preservation, safeguarding, accountability and disposition. It also delineates responsibilities among management, officers, property technicians and other staff who may be associated with evidence handling.
Physical evidence is one of the most valuable assets in bringing an investigation to a successful conclusion. It produces leads for the officer and aids in establishing guilt or innocence of an accused person in a court of law.
To achieve the maximum benefit from physical evidence, the officer must not only be skilled in collecting evidence; he must know how to handle and preserve it for the development of leads, laboratory examination and for presentation in court.
Handling evidence involves storing it in a manner so that it retains its original condition (as nearly as possible), maintaining a chain-of-custody to ensure evidentiary value is retained, proper transmittal of the item to a laboratory for analysis when necessary, and proper disposal of the item when it is no longer of evidentiary value.
1-2 Objectives
The Law Enforcement property and evidence central function has four major objectives. These objectives must be attained individually and collectively:
A. Meet Legal Requirements Federal, State & Local laws, regulations and ordinances often dictate the procedures for handling, storage and disposal of property. Questions on legal issues in property and evidence management will be referred to the District Attorney Office and/or the City Attorney.
B. Meet administrative Requirements To meet this objective administrative controls will require all property and evidence to be inventoried by the booking officer, a complete description provided, tagged and the storage location identified as long as the property and evidence is in police custody. 8
Additionally periodic compliance tests will be conducted. Compliance tests will be conducted to ensure that all laws, policies, and regulations are being followed. Compliance test measure the effectiveness and efficiency of the overall operation of the property and evidence room. They will identify strength and weakness and make recommendation for improvements and minimize risk of loss or unauthorized release of property/evidence.
C. Property handling and storage This manual will provides comprehensive guidelines to prevent injury or health hazards to personnel who must handle evidence, protect the integrity of the property and evidence and prevent fires and explosions. Special attention will be given to the handling & storage of firearms, ammunition, explosives, flammables, toxic substance, valuable items, and biohazard materials.
D. Protect property owners rights Property owners rights will be protected unless the property is contraband or it has been ordered forfeited after a due process hearing. Clear standards are established for the custody and return of property to its rightful owner.
1-3 Purpose:
A. To provide standards for booking, processing, safeguarding, storing and disposal of physical property and evidence in the custody of the Haskell Police Department (HPD).
B. To identify the responsibilities of all personnel whose duties involve collecting, processing, storing and handling physical evidence for the Haskell Police Department.
1-4 Responsibilities
A. Chief of Police: 1. Prescribe policies, standards and procedures for processing, property and evidence. 2. Prescribe methods to secure and account for property and evidence.
B. Assistant Chief Support Services Bureau: 1. Select/appoint a qualified manager of records, property and evidence. 2. Participate in the selection and supervision of property and evidence technicians. 3. Approve Compliance Test and audit schedules. 4. Participate as necessary in Compliance Tests and audits. 5. Appoint sworn personnel to conduct inquiries and/or investigations as required.
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C. Manager of Records, Property & Evidence: 1. Select qualified personnel to perform the duties of Property and Evidence Technicians. 2. Ensure that Policies, Standards and Procedures established by the Chief of Police are performed to meet the intent of Federal and State laws, regulations and local laws and ordinances. 3. Ensure Quality Control through Compliance Tests. 4. Request audits as directed by the Deputy Chief Services Bureau or as required based on identified need. 5. Ensure proper handling and processing of property and evidence. 6. Conduct compliance Tests as needed, but not less than quarterly. 7. Be a resource for the technicians through supervision, direction and guidance.
D. Property and Evidence Technicians 1. Evidence technicians primary responsibilities are to book, classify, store, return property and evidence to rightful owner, release evidence for court presentation and prepare items for destruction or auction. 2. Maintain and store property and evidence in such a manner that the individual items are secure from theft, loss, contamination, and can be located in a timely manner. 3. Maintain Property and Evidence Document (PED) with proper notations of all actions associated with the property and evidence, commonly referred to as chain of custody. 4. Ensure timely notification to owner. 5. Operate computer terminals in case disposition research and other related information involving the classification and disposition of property and evidence items. 6. Coordinate the disposal of unclaimed and surplus property and the special disposal of narcotics, explosives, hazardous materials, and weapons. 7. Release of property to persons legally entitled. 8. Make recommendations for improvements to the Property and Evidence Manual. 9. Stay inform on local, state and federal Laws, regulation and local ordinances involving property and evidence handling. 10. Maintain a clean and orderly property and evidence storage facility. 11. Protect property and evidence from loss, deterioration and damage. 12. Ensure that all PEDs are correctly processed. 13. Maintain all PEDs and files in an orderly manner.
E. Police officers: 1. Collect property and evidence at the scene. 2. Conduct the initial inventory of the property and evidence, provide a clear description of the property or evidence, initiate the chain-of-custody document (COC) and tag/mark the property or evidence for identification. 3. Proper packaging of items prior to submitting it to the evidence technicians. 10
4. Informing the technician when the property or evidence is no longer needed for police purposes. 5. Inform the technician when special handling of property or evidence is required. 6. Ensure prompt return of property or evidence released to the officer for court or investigative purposes.
1-5 Policy
This manual establishes internal management procedures for control and disposition of property and evidence in custody of the Haskell Police Department. All officers and Supervisors will acquire a working knowledge of the standards and procedures contained in this manual.
The standards and procedures established by this manual will be followed without exception unless otherwise authorized by the Chief-of-Police.
Evidence Technicians are authorized to refuse acceptance of any PED, form or property or evidence that has not been prepared in accordance with standards and procedures of this manual.
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CHAPTER 2
Collecting and Packaging Evidence
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2.1 COLLECTING AND PACKAGING PROPERTY AND EVIDENCE
The protection and safeguard of evidence begins at the scene. Collection of evidence at a scene is usually accomplished after the search has been completed, rough sketch finished and photographs taken. It may be advisable under certain conditions to collect various fragile items of evidence as they are found. For example, items of evidence that would be destroyed by the elements or become contaminated despite protective measures, and those items that would impede further search should be collected when they are located and depicted on the sketch. The essential factor is that evidence be carefully and properly collected.
Evidence must be handled as little as possible. See figure 2.1 recommended methods of handling specific items that may be collected at a scene. If the officer touches a piece of evidence in a manner that leaves his fingerprints on the article, and potentially the article will contain fingerprint evidence, the officer should indicate this fact in his notes and inform the fingerprint examiners. To decrease delay the officer should submit his fingerprints with the evidence, if his prints are not on file with the department.
It may be necessary to damage or partially destroy an article to collect important evidence. For example, it may be necessary to cut the upholstery on a piece of furniture to obtain an area stained with blood. Such action is based on the merits of the individual case. A door or window may be removed from a building to have it processed at a laboratory or held as evidence.
Figure 2.1 Recommended methods for handling specific items of evidence Item Method Firearms Use your fingers on the knurled grips. Do not touch smooth metal parts. Place flat in a box for transporting. Paper money, documents Use tweezers. Do not place tweezers over any obvious smudge. Place each item in a clean envelope or bag. Broken glass Use your fingers on the edges of large pieces. Do not touch flat surfaces. Use tweezers on pieces too small for you fingers. Do not grasp over any obvious smudges. Wrap pieces individually in clean tissue and place in a small box. Dried stains on smooth surface of furniture Scrape with pocket knife or putty knife, removing as little of the finished surface as possible. Bottles, jars, drinking glasses Insert two or more fingers into large mouth vessels. Place the index finger on the top and bottomof small mouth vessels. Do not contaminate or spill any substance in the vessel that may be of evidentiary value. Bullet Use your fingers or tweezers. Avoid damage to rifling marks on the circumference. Place in a pillbox. Cartridge case Pick up at the open end with tweezers. Avoid scratching. Place in a pillbox. Dried stains on a floor Remove by gouging deeper than the stain with putty knife, wood chisel, or other necessary tool. Place in a pillbox or larger similar container.
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2.2 Documentation of Property and Evidence
Documentation must provide an audit trail and history of each property and evidence item while it is in the custody of the department. The control procedures described in this chapter provide guidelines necessary for effectively documenting the activities associated with property and evidence in the custody of Haskell Police Department.
A. Marking and Tagging of Property and Evidence: The officer who receives, recovers, or seizes physical evidence must be able to positively identify the item at a later date as being the specific item obtained in connection with a specific investigation. This is accomplished by marking and or tagging the property or evidence as it is collected. Officers should form the habit of marking or tagging evidence promptly.
B. Marking: When marking an item of property it should be marked with the officers initials, date and time the item was taken into custody. Care will be exercised to place the marking so as not to destroy any latent characteristic on the item or to reduce its intrinsic value. The office must use sound judgment and common sense when deciding where to mark an item. The marking can be inconspicuously placed, especially when the item is recovered stolen property, and will be returned to the owner. By placing the marking in inconspicuous locations, unnecessary marring of personal property is avoided. When an item of evidence cannot be marked it will be placed in a suitable container the container will be sealed, and both the container and the cover marked for identification. Diamond point pencils are recommended for marking on hard surfaces and ink on other items.
NOTE: For illustration on marking weapons see DPS physical evidence handbook page 41[Lab/c-13 (rev.6-98)].
C. Tagging: When the property and evidence are tagged, the tag will be attached to each itemized article of evidence or property. When items are grouped together and listed as one item on a property and evidence document, only one tag will be used, (for example a Tool Box containing tools). The self-adhesive evidence/property tag can be used for most items. Infrequently there will be an item that the self- adhesive tag will not adhere to, on those occasions the shoe tag version of the tag will be used or the item can be marked. The self-adhesive tags will be affixed directly to the item of evidence/property, or it may be affixed to a blank shoe tag, which is attached to the item.
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D. Evidence tags will be attached to the item of evidence/property at the first available time after the item is taken into custody. The tag has four types of information, that must be listed: 1. Case number: the case number is provided on all cases by dispatch. This number must be the same as the number listed on the Property and Evidence Document (PED). 2. Item number: the item number from the PED designated from the specific article being tagged. If an item appears as item 1 on the PED, the evidence tag identifying that item must be numbered as item 1. 3. Officers number: originating officers permanent 3- digit identification number. 4. Date: the date the item was first taken into custody. This date must be the date listed on the corresponding PED.
E. Location for tag placement: 1. Bags of property: on the upper left corner of the bag. 2. Sealed boxes of property: on the top left corner of the lid. 3. Unsealed boxes of property; on the upper left corner of the box. 4. Bicycles: around the seat support post. 5. Vehicles: inside on the drivers side of the steering column. 6. Motorcycles; on the left side of tank secured with scotch tape. 7. *Revolvers and Automatic pistols: around the barrel, secured with scotch tape. 8. *Shoulder fired weapons: on the stock, if none, around the barrel, secured with scotch tape. 9. *Electronic equipment: on the upper left corner. 10. Beer cans and other liquor containers: on bottom secure with tape. 10. Print cards: on the reverse side of each card. 11. Cloth and clothing; stick on in a visible location or use the shoe type tag. 12. Evidence to be checked for prints: on the container holding the evidence or on a portion of the item not suspected to contain latent prints. 14. Drivers license, passports, other identification documents: on the reverse of the document.
*These items should be considered for marking rather than tagging.
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2.3 Processing Evidence
A. General: Except in unusual circumstance evidence/property will be released to the custodian no later that the first working day after it is acquired. Evidence acquired during non-duty hours will be secured in a temporary storage bins and the key placed in the key box. Multiple items and items from more than one case may be stored in the same temporary storage bin when feasible.
B. Booking of evidence/property: The officer who recovers or seizes evidence/property shall be responsible for transporting and booking, except when the responsibility for doing so is assumed by or assigned to another officer or department employee. If the property/evidence is found by a private person, the officer who takes custody of the property shall be responsible for transporting and booking the property/evidence. At no time shall an officer or department employee retain possessions of any property/evidence taken into custody. Property and evidence will not be stored in any location other than the property and evidence vaults. However, in special situation, officers may retain, possession of evidence/ property temporarily during processing for booking. All property/evidence taking into custody of the police department for booking shall be handled as follows: 1. Items shall be packaged in the smallest acceptable container. 2. Acceptable containers for submission of evidence shall be the weapon boxes (hand guns, long guns, and knife boxes); the 9x12 universal envelopes, brown paper bags; heat sealed plastic envelopes, or cardboard boxes. Large bundles of marijuana may be wrapped in brown butcher paper or heavy plastic; before storing marijuana in plastic officers must be sure it is completely dry. The property custodian will provide a temporary location for drying marijuana that must to be dried prior to storing. 3. Prior to booking all items shall be prepared and packaged in accordance with the package and storage instruction. 4. Each item must be tagged with a property tag or placed in the envelope provided by the department. 5. Property tags will not be placed on the gun or knife boxes. The tag will be placed on the weapon before it is placed in the box. The booking officer shall provide complete and accurate information on all spaces of the evidence tag.
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C. Chain of Custody Document: Property, which comes into the care, custody, and control of the Haskell Police Department, must be inventoried on a Property and Evidence Document (PED). The chain of custody begins when an item is collected and the chain is maintained until final disposition.
In order to maintain a proper chain of custody, the property and evidence document (PED) will be used to control and document the location, status, and person responsible for each item of property or evidence in the custody of the Department. Property items will not be booked into Property and Evidence, released, handled or transferred from one storage location to another without the appropriate documentation.
It shall be the responsibility of the individual in possession of property or evidence to ensure that the item is properly handled and that evidentiary value is protected.
D. Property and Evidence Document (Form APD 174b): The spaces at the top of the PED for Bin No. and Vault Log No. are for the use of the Property and Evidence Custodian.
E. The Property and Evidence Document shall be completed as follows: 1. Administrative Block (see Figure 202): (a) Originating Officer: The officer completing the document. (b) I.D. No.: Officers permanent 4-digit identification number. (c) Location Obtained: The address or location where the property or evidence was found. If evidence is seized under one case number, but the seizures are separated by time and place, separate PED forms should be used. (d) Date Obtained: The day on which the property or evidence was first taken into custody. (e) Time Obtained: The time at which the property or evidence was first taken into custody. If more than one item is to be listed, the time should reflect when the first item was found. (f) Offense: The primary offense or offenses involved. (g) UCR code: The UCR code for the primary offense. (h) Reason Obtained: Check the appropriate box: (1) Evidence: Items seized or retained as evidence, including items seized to deter the results of theft. (2) Found Property: Property found by or relinquished to the Haskell Police Department, which is not evidence. 17
(3) Safe keeping: Property taken by or relinquished to the Haskell Police Department to prevent the loss of property (valuables), the removal of suspected evidence, or the injury of any person by the property. (Example: The removal of a weapon from the scene of a domestic disturbance.) (4) Destruction: Contraband items which are not evidence and which are to be destroyed. (i) Person Property received from: The name of the person from whom the property or evidence was received. This includes defendants. Leave this block blank if the property or evidence was not in the control of another person when the officer received it. The remaining blocks should be completed using the appropriate information for the person from whom the property was received. If this block is left blank, the remaining blocks may be left blank.
Note: If property is seized from a suspect, and other property which was not in the control of the suspect is seized at the same scene, the PED should be clearly marked to identify which items were linked directly to the suspect and which were not. This may be done by listing the suspects name on the line adjacent to the property, which was in his or her control when seized. If there is more than one defendant, list the suspects by last name, first name, and date of birth adjacent to their individual items on the PED. 2. Description of Articles Taken Into Custody: Each item of property or evidence must be numbered and described as accurately as possible. Descriptions should be clearly written or typed, and should include information such as type of article, brand name, model name and/or number, color, serial number, Driver License or Social Security number (if engraved on property), and name of defendant. The blanks in the right hand column should be filled out as follows: (a) Computer number (Com. No.): Entered by the Property and Evidence Custodians only. These numbers denote the computer listing sequence in RMS after the case has been entered. (b) Lab: This block should be checked if the corresponding item requires any type of lab analysis or processing, i.e., narcotics testing, blood vials, film, etc. If this block is checked, the officer should specify the lab to which the items should be forwarded (DPS, Forensics, etc.), if this information is known at the time the PED is completed. (c) If the corresponding item is to be forwarded to the Identification Section the booking officer will forward a copy of the PED to I.D. (d) Disposition Code: The disposition code reflects the final disposition of the corresponding item and is entered by the Property and Evidence Custodians only. 18
(e) Grouping Property/ Evidence in the Article Description field: Multiple articles may be grouped together and listed under one item number if such grouping will enable the originating officer to more clearly list or describe the property or evidence. The following items however, must be individually itemized (1) Serial numbered Items: Items bearing a serial number, Drivers License number, Social Security number or other identifying number. (2) Items of Value: Items of monetary value, such as jewelry, checks, or credit cards. When listing jewelry on the PED, it will be described as gold color, not gold. Stones should be described as clear or green, not diamonds or emeralds. (3) Contraband: Prohibited weapons or narcotics, to include found contraband. (4) Lab items: Items to be forwarded to a lab for analysis. (5) Large or loose Items: Large or loose items that cannot be physically contained or stored with other items, such as furniture. (6) Identification Documents: Identification documents issued by any state or governmental agency, including passports, Driver Licenses, green cards, etc. (7) Fingerprint Items: Fingerprint cards or items to be checked for latent fingerprints. Multiple fingerprint cards may be grouped together, but fingerprint cards should not be grouped with any other item. (8) Photocopy or Photographic Evidence: Film, photographs or photocopies intended to replace physical evidence shall themselves serve as evidence and must be listed separately on the PED.
Note: After all items have been listed in the Description field, the originating officer should write No Further Items in the next available space, then mark through any remaining spaces in the description field. 3. Notice of Property Disposition Hearing: (a) The bottom portion of the PED must be completed whenever a stolen or suspected stolen item is seized and the ownership of the item is in dispute. This includes items seized to deter the results of theft. (b) If an item is seized on or before the 10 th day of the month, a hearing will be scheduled for the last Friday of the current month at 9:00 am in the Law Enforcement Center. If the item is seized after the 10 th day of the month, a hearing will be scheduled for the last Friday of the following month at 9:00 a.m. in the Law Enforcement Center. (c) Hearings are held in the up stairs conference room. Citizens who indicate that they will appear for a 19
hearing will be instructed to report to the records division counter.
Note: Property Disposition Hearings are held on the last Friday of each month, with the exception of November and December. In observance of Thanksgiving and Christmas holidays, hearings for these two months are scheduled for the third Friday unless otherwise noted. Figure 2-2
Bin No.______ Vault Log No._________ HASKELL POLICE DEPARTMENT PROPERTY AND EVIDENCE DOCUMENT Case Number: ____________ Citation Number:__________
Originating Officer I.D. No. Location Obtained Date Obtained Time Obtained Offense UCR Code Reason Obtained () evidence ()found property () safekeeping () destruction Person Property Received From Code Home Address D.O.B. Race Sex Drivers License No. Home Phone Business Phone Multiple Suspects Yes No Description of Articles Taken Into Custody Item No.
Article Description-Name of article, Brand, Color, Serial/ID Numbers, Name of Multiple Suspects Com. No. L A B Dis. Code
Notice of Property Disposition Hearing I have been notified that the property listed above is believed to be stolen. I understand that a hearing before a magistrate to determine the disposition of this property is scheduled for the _____day of __________________, 20______ at 9:00 a.m. at the Haskell Police Department, 307 North 1 st . I understand that at the time of the disposition hearing I will be required to show proof of ownership of this property, and that my failure to appear at the date and time listed may result in the forfeiture of all property subject to these proceedings.
Initials: ________ I agree to attend the disposition hearing for this property. ________ I waive claim of ownership to this property, and I do not wish to attend the disposition hearing.
Signature of person from whom property was seized:_________________________________________________ NOTE: Disposition Hearings- last Friday of each month, except November and December. On or before 10 th =current month; after 10 th = following month. Operating Hours: Mon-Fri 8:00 a.m. to 5:00 p.m.
Page ____________ APD 174b (Rev. 12/1/97)
4. Correcting Errors on a PED: (a) A PED that is found to contain an error may be corrected without originating a new form. To correct the PED, the originating officer will line 20
though the error and correct all three copies of the PED. The originating officer must then initial all changes on all three copies. (b) If it would be easier correct the error by generating new PED, the originating officer may destroy the original PED and fill out a new one, provided that all persons who signed the first PED are present to sign the new PED. No person may sign for another person; all signatures must be originals. (c) Corrections to PED's which have already been submitted to Property and Evidence may only be made with the permission of a Property and Evidence Custodian. NO PED will be altered once it has been presented to court as evidence. 5. Property and Evidence Document Supplement Sheet (HPD 174C): When large quantities of property or evidence are to be listed under one PED or when new property/evidence is discovered after the original PED has been completed, the officer may continue to document the transaction on a PED Supplement Sheet. All supplement sheets should be numbered sequentially in the bottom right-hand corner as Page 2, Page 3, etc. The original PED should be listed as Page 1. The Supplement Sheet may only be used to document newly discovered property or evidence and the officer completing the supplement also completed the original PED. If anyone other than the originating officer is submitting newly discovered items, a new original PED must be completed. 1. Property and Evidence Document will be routed as follows: (a) Original white copy The original white copy of a PED or PED supplement remains with the property or evidence until the property or evidence is booked into the authorized storage location. The white copy is filed in the property and evidence administrative files. It is the official record for control and disposition of the property and evidence. (b) Yellow NCR copy The yellow NCR copy of a PED or PED supplement remains with the case jacket or original case report information. If the case involves a hit and run accident, the yellow copy is routed to the accident investigator. If the case is drug related, the yellow copy is routed to the Special Operations Division. If a blood sample is listed on the PED, the yellow copy is routed to the DWI coordinator. (c) Pink NCR copy The pink NCR copy of a PED or PED supplement is used as a receipt for citizens from whom safekeeping property is received, or from whom property is seized to deter the results of theft. If no such 21
receipt is necessary, the pink copy may be discarded or kept for the officers records.
2.4 Chain of Custody (COC) document.
A. A strong COC is essential in maintaining the integrity of the evidence/property. It is needed when the evidence is challenged in court, when audits are conducted, or when there is a question concerning contamination of evidence. The COC must provide a historical record of every action associated with an item of evidence or property while it is in police custody. The following are important activities associated with the COC: 1. A good description of the article. 2. Article item number. 3. Name and signature of the person releasing the article. 4. Name and signature of the person receiving the property. 5. Reason for obtaining or releasing the property.
These five activities identify the major information needed on item of evidence and property. All items of property listed on the PED will include (if available) the brand or makers name, serial and model number, size and color. When owner inscribed initials, or other identifying marks are not available, property/evidence can be identified only through matching the property with the description provided by the officer who initiated the PED. Therefore, complete descriptions are essential as a means of identifying property/evidence in custody.
B. The reverse side of the PED (white copy) is used to officially record the chain of custody of all items listed on a PED (Fig. 2-3). The columns are completed as follows: 1. Item number : Item number from the front side of the PED. Each item involved in the transaction must be numbered in this block. 2. Date obtained : Date first taken into the possession of the Haskell Police Department. 3. Released by: Signature and full printed name of the person from whom the item is released or received. All persons, with the exception of defendants or the person from whom the property was seized must sign the PED when releasing property or evidence. If a person refuses to sign in this block, print the persons full name then write: Refused to sign in the signature block. 4. Received by: Signature and full printed name of the person receiving physical custody of the items. Property and evidence will not be released to any person who refuses to sign in this block. 22
5. Reason Obtained or Released: The purpose for the transaction, e.g., Released to Owner or Released for 42 nd District Court. (If the item is checked out by an officer for court, it is essential that the court and, if possible, the prosecutor, be specified in this blank. If the item is then held by the court as evidence, this information will be used to clearly monitor the chain of custody.)
EVIDENCE CUSTODIAN USE ONLY Figure 2-3 ITEM NUMBER DATE OBTAINED CHAIN OF CUSTODY RELEASED BY: RECEIVED BY: REASON OBTAINED OR RELEASED:
SIGNATURE:
PRINTED:
SIGNATURE:
PRINTED:
C. Once the chain of custody is initiated, it is evidence. Every effort must be made to maintain a consistent, clear record of all property and evidence transactions. All signatures must be original signatures, and may not be made by a representative of the person receiving or releasing an item. D. Temporary release of evidence: 1. Evidence will be removed from the evidence room only for permanent disposal or temporary release for specific purposes. The officer to whom evidence is temporarily released will, physically inventory the evidence and sign for it in the received by column of the COC section on the PED. The person receiving temporary custody of the evidence must safeguard it until the evidence is returned to the evidence custodian. If it became necessary for the officer to transfer control of the property/evidence to the court, District Attorney (Prosecuting Attorney) Laboratory Examiner or another person, the officer shall as soon as possible notify an evidence custodian of the transfer. 2. The following information will be required when property/evidence is transferred (a) Name of person the property was transferred to (b) The court in which the property was released (c) Case number (d) Items transferred (e) Date items was transferred
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The custodian will initiate a property transfer form and suspense it for 60 days. If the evidence/property can not be return on the suspense date a 30 day follow-up will be conducted each 30 days until the property is returned to control of the property section.
E. Transmittal to a DPS lab for forensic examination: 1. Evidence to be transmitted to a DPS lab will follow the instructions in chapter 3 and the DPS Crime Laboratories Physical Evidence Handbook. 2. The officer who releases evidence to a DPS Lab prior to booking the evidence, will identify the individual who released the evidence to him or person from whom it was seized in the release by block on the COC document. The officer will complete the received by and reason for obtaining block. The officer will then use the second line of the COC document to release the evidence to the lab, identify the lab and /or the individual in the lab who received the evidence.
F. Presentation at criminal trial: When an officer receives a subpoena commanding him to produce an item(s) of evidence for trial, he will identify the court, judge and/or prosecutor associated with the trial, in the reason obtained or released block of the COC document. This will provide a start point for the custodian to conduct appropriate follow-up when the evidence is retained by the court.
G. Training: Periodically property may be released to officers for training/demonstration. Evidence associated with cases that have not been adjudicated will not be used for training or demonstration without the permission of the District Attorney and/or the Judge to whose court the case will be adjudicated. Any narcotics/drugs that are released for training/demonstration will be inventoried prior to release. Marijuana, powders and liquids will be weighed and pills will be counted. This information will be documented in a memorandum and the memorandum attached to the PED. Any narcotics/drugs that are used/destroyed in training will be documented in a memorandum to the Assistant Chief Support Services Bureau and a copy of the memorandum will be attached to the PED. When property is damaged the person responsible for the damage will document the circumstances and provide the memorandum to the evidence custodian. All documents will be forwarded through the Director of Records, Property and Evidence to the Assistant Chief Support Services Bureau.
H. Inspection/familiarization: 24
Periodically the booking officer will need to familiarize himself with an article of evidence prior to court. In most cases it will not be necessary for the article to be released to the officer. However, for those cases where it is necessary the standard procedures for releasing evidence will be followed.
I. Releasing property at the scene: When property is seized at the scene of a crime, and the owner is identified at the scene, the property may be released to the owner, subject to the following conditions: 1. The officer has determined that the property is not evidence and will not be needed for investigative or court purposes. 2. Establish proof of ownership: Before property can be released in the field, the ownership must be clearly established to the satisfaction of the originating officer. If ownership of the property is contested or unclear, the officer will seize the property. The person(s) claiming ownership will be given notice of the property disposition hearing and given the pink copy of the PED. If more than one person claims ownership copies may made for the additional individuals. 3. Photograph the item(s): When photographing items to be released, the officer shall do so in a manner which will: (a) Clearly identify the item as that which is referenced in the corresponding case report. (b) Provide for a fair determination of value. (c) In order to clearly identify the item, the officer should include in the photographs the serial number, model number, brand name and/or number, and any identifying markings. 4. After the preceding measures have been followed, the property may be released to the owner.
2-5 Packaging and Storage of Evidence
A. Packaging and Storage: To achieve the maximum benefit from physical evidence, the officer must not only be skilled in collection, he must know how to handle and care for the evidence, to preserve it for the development of leads, for laboratory examination and for presentation in court.
Proper packaging and storage of evidence is essential for safety and trial purposes. The concept of packaging is to maintain the evidentiary value while protecting department personnel from potential injury. Evidence must be packed and wrapped to minimize friction and prevent shifting, breaking, leaking or contact with other 25
evidence. Items such as glass fragments, evidence in glass containers, impressions cast, bullets, cartridge cases, pills, capsules, and all other similar evidence should be packed in cotton or soft paper.
When evidence is to be examined for fingerprints, each item will be packaged in a manner that prevents damage to the fingerprints. This is accomplished by fastening the item in a container so that it will not shift nor will any other objects come in contact with the area of the item suspected of containing fingerprints.
The nature of the evidence will govern the use of warning notices to be affixed to the outside wrapper, box or envelope such as FRAGILE, CORROSIVE, BIOHAZARD, etc.
Items that contain stains, such as clothing with stains of blood or other body fluids SHOULD NOT BE PLACED IN AIRTIGHT PLASTIC CONTAINERS. Sweating and moisture accumulation may result within plastic containers. Such items must be dry before packaging. This caution also applies to fingerprint evidence. For liquid evidence see the packing chart Appendix 2
In general small solid items, such as bullets, fibers, hairs, paint scrapings, powder, threads, should be placed upon a piece of plain paper; the paper folded and placed in a separate envelope, box or other container and sealed with tape.
Documents, exemplars, standards, string or twine should be placed in a cellophane/plastic envelope and then placed in the manila envelope. Cellophane is not suitable for packaging any item that will rust or corrode. Packages containing items of evidence that require careful or selective handling should be labeled CORROSIVE, FRAGILE, KEEP AWAY FROM FIRE, OR KEEP COOL, as appropriate.
Growing/green plant material will not be placed in airtight plastic containers as moisture accumulates making lab analysis difficult. Marijuana should not be sealed in plastic because it can turn into a toxic liquid substance. Bulk marijuana must be properly dried before it is placed in storage. If it is not properly dried it can create compost type conditions.
B. The chart in Appendix 2 is not intended to be all-inclusive. If the evidence to be booked is not listed, consult the list for an item similar in nature and package the evidence accordingly or contact an evidence custodian.
THE DIRECTION FOR PACKING EVIDENCE ASSUMES THAT ALL EVIDENCE WILL HAVE TO BE SENT TO A CRIME LABORATORY FOR EVALUATION (Appendix 2).
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C. Alcohol: Alcohol will be photographed and booked in for destruction. The photograph should show the type of alcoholic beverage and the amount in the container. Alcohol seized in felony cases will not be destroyed until disposition has been received from the court/judge.
D. Bicycles: Bicycles will be stored in vault 4 and placed in order by month recovered. Prior to booking recovered bicycles they will be checked for owner engraved identification, serial numbers and model numbers. Serial numbers are usually on the front frame area or under the pedal casing. Short numbers (G 028812) are usually model numbers (Girl Manufactured February 1988, model 12). Larger numbers are more likely serial numbers.
E. Biological evidence: Biological evidence will be dried completely before it is placed in storage. Liquid will be placed in blood tubes and other materials will be wrapped separately and placed in an envelope or other suitable container. CAUTION always use gloves and when possible face protection when handling blood and other biohazard material.
F. Currency: Unless seized money is required for court purposes it will be deposited with the City Finance Office. The funds will be counted and sealed by the booking officer. The evidence custodian will deliver the funds to an account clerk and witness the recount conducted by the account clerk. The custodian will attach the receipt to the PED and provide the booking officer a copy of the receipt. Unless the booking officer request that the funds be stored for court purposes they will be deposited with the City Finance Office. When money is seized as evidence and requires special handling, has collector value, or the type packaging constitutes evidence, the booking officer will discuss the special requirements with a Property Custodian or attach a written explanation to the PED requesting special handling. The custodian will contact the case officer prior to depositing funds.
G. Explosives: Items that are volatile, such as gasoline, acids and ammunition larger than 50 caliber, will be stored by the Explosive unit in the hazards material bunker. DO NOT store gasoline or acids in plastic containers unless the substance was purchased in the plastic container, then it may be stored in a plastic container but only the container in which it was purchased. Automobile batteries may be stored in the bicycle storage area. A piece of cardboard will be placed under the battery to protect from acid spills. Upon adjudication the Explosive Unit will dispose of explosives and ammunition.
H. Firearms: All firearms will be stored in boxes unless they meet the special exception procedure outlined in this policy and Chapter 6, paragraph 6 Procedures. 1. 1. All firearms must be tagged or marked. 2. Shall always be submitted in an unloaded condition. 3. All firearms shall be submitted with chamber open, magazine 27
removed, and safety on. Revolvers shall have cylinder open and blocked from accidental closure during handling and storage. 4. If it is necessary (due to the peculiarity of the weapon or circumstances surrounding the investigation) that a firearm must be submitted for storage in a loaded condition the following will apply: (a) A nylon cable tie lock shall be applied to the firing mechanism to prevent such mechanism from being activated. (b) The weapon shall be given to the department Range Master or other trained officer to be unloaded at the first opportunity unless transported to the crime lab by special messenger. At no time under any circumstances shall untrained personnel attempt to unload any such weapon. (c) The weapon shall never be placed in a temporary evidence locker, but shall be given personally to a property custodian or the property supervisor. 5. In the event that it is necessary, for evidentiary purposes to submit a firearm loaded the officer shall clearly mark the container with a warning indicating the firearm is loaded. 6. Firearms seized for major felony crimes (Homicide, Armed Robbery, Rape, etc.) should be marked rather than tagged. 7. Firearms seized in all other should be tagged with the shoe type evidence tag, especially in recovered property or safekeeping incidents, this will minimize damage to the weapon. 8. All firearms are to be packaged separately. 9. Any firearm that appears to be fully automatic shall be marked as such. The Range Master will be contacted for proper determination of the weapons potential.
F. Fireworks: Will not be stored in the property/evidence room. If the fireworks are not of the safe and sane variety, notify the bomb team for assistance 1. Procedures (a) Confirm the fireworks are safe for transport. Check labels on the Packaging. If in doubt, ask the fire department to confirm the safety of fireworks. (b) Photograph all fireworks identified as evidence. (c) Complete all normal packaging procedures for the photographs. (d) Incidents involving large amounts of explosives should be referred to the Bomb squad. The duty commander will contact the Bomb squad for specific directions before calling out the Bomb Squad for assistance. 2. Disposal. All fireworks will be disposed of via the Fire 28
Department or Bomb team on an as needed basis. The photographs will be used for court evidence.
J. Flammables: Background: Flammables include such items as gasoline, alcohol or other volatile type liquids that, if exposed to heat or flame, could erupt into fire. Storing liquid flammables pose great risk in the limited space of the Property and Evidence vault. Liquid flammables maybe stored in the hazardous storage bunker. Liquid flammables should be stored only when it is essential that they be retained for court purposes. If they are not needed for court, they should be photographed and the substance delivered to the recycle center for disposal. 1. Procedure: (a) Photograph the container(s). (b) Complete and attach property tag to container. (c) Contact shift supervisor for access to hazardous material bunker. (d) Clandestine labs do not qualify for this procedure. Please use Procedure for Clandestine Labs. Excluded from this definition are ethers or other liquid/gaseous items that could explode.
K. Food Background: Perishable food items attract rodents and insects and will not be stored in the property room. In order to better serve the victim and court system food items will be photographed and released to the owner. 1. Procedure: (a) Photograph items recovered the prior to release. (b) Contact owner for pick-up of items: Any perishable foods, beverage (alcohol or non-alcohol), medications (prescription or nonprescription), or other similar items susceptible to contamination which have been out of the possession and control of the owner for more than several hours should not be returned to the owner. Items in this category should be photographed and booked for destruction. (c) If the owner cannot or will not respond, non- Perishable items may be stored in the property room. (d) Do not attempt to store perishable items. (e) No food items will be held more than 72 hours maximum. (f) Food items that may attract ants or other insects should never be placed in temporary storage, especially in the spring and summer months. If a 29
large quantity of perishable items are seized and the owner will cannot respond and it is after hours, the Director of Records and Property will be called to arrange temporary storage.
L. Found property. Items which have been intentionally abandoned by their owners, do not fall within the definition of found property. 1. Citizens who turn in found property, should make a declaration stating where and how they found the property, whether they know the owner and whether they are submitting everything they found. 2. Officers shall complete property documents. The citizen should sign the PED as releasing the property. The third copy will be given to the individual releasing the property. 3. Unclaimed property will be held for a period of thirty (30) days before it can be declared abandon. Thereafter, such property may be sold to the highest bidder at public auction. 5. All found property shall be tagged and packaged correctly. If the found property has a serial number, it must be checked on the State computer system and the results noted on the PED.
M. Property held for safekeeping. 1. When property is taken into possession by an officer for the purpose of safekeeping, the officer shall: (a) Complete form APD126, noting in the narrative the reason for taking possession of the property. If the property is taken as a result of family violence, a separate case report is not necessary, simply note on the back page narrative why the property was removed from the scene. (b) Complete the Property and Evidence Document, listing each item taken into the possession of the Haskell Police Department. When the PED is completed, the PINK copy should be given to the person releasing the property. (c) Notify the person releasing the property that the retention periods is thirty (30) days. 2. Safekeeping reports are not subject to public disclosure and do not require a public narrative.
3. Owners will be notified by registered mail when their property can be released. If the owner does not respond in 30 days the property will be considered abandoned.
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CHAPTER 3
Crime Laboratories
Submission of Evidence to Crime Laboratories
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3-1 Crime Laboratories
The Crime Laboratories are a part of the Texas Department of Public Safety. The Labs provide a valuable service to our department. All officers must be familiar with the DPS Crime Laboratory Service Handbook, and follow all their safety and procedural guidelines. To ensure that your request for analysis is directed to the correct lab, officers should review the DPS Laboratory Services chart and the laboratory location maps on page 2, 3, 5 and 7 of chapter 1 of the DPS Physical Evidence Handbook.
The DPS Lab staff will provide assistance when necessary in the collection and preservation of evidence from the scene of major crimes and clandestine drug labs.
3-2 Laboratory Forms
The Lab staff has developed a series of preprinted forms to be used as letters of submission when submitting evidence to the crime lab. These forms are available from the lab or may be reproduced on your computer. The forms are listed in Chapter II of the Crime Laboratory Service Handbook.
3-3 Laboratory Guidelines
Lab guidelines for special handling of evidence is covered in Chapter III of Crime Laboratory Services Handbook. The principles outlined in the handbook will prove to be invaluable especially on serious cases where there are many pieces of evidence to be collected preserved and forward to the Crime Lab.
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CHAPTER 4
Storage - Preservation - Disposition
Evidence and Property
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4-1 Evidence Storage And Disposal Concept
A. The property staff is responsible for the disposition of property. Property and evidence will be promptly disposed of when it has served its purposes and the officer has determine that it is not needed for further investigation. B. Storage Matrix system: The majority of property will be stored in bins in one of the property room vaults. The Matrix system adopted by the department makes it easy to maintain, store, retrieve and purge property from the system. The system uses alphanumerics to identify the location of each item of property or evidence. The first character is a number that identifies the vault; vaults are numbered 1 through 4. The second character is a letter that identifies a section in the vault. The third character is a number that identifies a bin in the section. (Example: 1A12; 1=Vault one; A= Section A; 12=the bin in section A.) Therefore, 1A12 identifies an item that is located in vault 1, section A, bin 12. 1. The following are exceptions to the established system: (a) Firearms will be stored in the weapon section of Vault 1. Handgun locations will be identified by an alphanumeric beginning with HG and followed by a sequence number beginning with 100. For example, HG 306 is a handgun located in box 306. Long guns will be identified by an alphanumeric beginning with LG followed by a sequence number beginning with 001. For example, LG 009 is a long gun located in the weapon section in box 009. In order to locate a firearm you must first have the case number; the PED will identify the location of the firearm with an alphanumeric as described above. Knives will be stored in the weapon section of vault one. The location in the vault will be identified by an alphanumeric beginning with K and followed by a sequence number beginning with 001. For example, K007 will identify a knife located in section K slot 007. (b) Lost and Found, Deter and safekeeping property will be stored in vault one. The section will be identified as LF= Lost and Found-DT= Deter and SK= Safekeeping. Each alpha character will be followed by a sequence number that will identify the location in the section Videos will be stored in vault one in the section identified as TAPE. Each video is stored in order by case number. (c) All liquid blood evidence will be stored in the refrigerator in vault 1 in sequence order by case number. (d) Documentary Evidence (1) Fingerprint cards booked in as evidence will have all blanks completed, including documentation of the location from which the prints were lifted, and a diagram, if pertinent. An evidence tag shall be placed on the front of the card. 34
(2) If more than one fingerprint card is booked under one item number, each card should be filled out completely. (3) Check or documents to be processed for prints. Checks or documents will be placed in sealed envelopes. A completed evidence tag will be attached to the outside of the envelopes. (4) Checks or documents which became evidence will be retained in the ID section. (5) When the checks or documents do not contain latent of evidentiary value and the handwriting analysis does not reveal data of evidentiary value the checks or documents will be returned to the evidence section for disposition. (6) No documentary property/evidence will be destroyed without the permission of the detective investigating the case; statute of limitation will serve as the guide for destroying documentary evidence and property. 2. Pressure from a pen may damage latent fingerprints. Markings made to the evidence tag or envelope should be made before inclusion with the fingerprint card(s).
C. One of the primary objectives of APDs property control system is to return property to the owner as soon as legally possible. Whenever possible evidence should be photographed and returned to the owner as an alternative to storage in the evidence and property room. This procedure will reduce the volume of evidence stored and demonstrate respect for crime victims rights.
D. Photographic evidence must meet specific standards if photographs are to be substituted for the evidence: 1. Permission has been received from the prosecuting attorney. 2. The defense has not requested the court to have the item of evidence for production at trial. 3. The defense has not requested an independent examination or analysis. 4. The photographs are retained by the police department in lieu of t evidence. 5. The property owner signs a receipt upon return of the property.
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4-2 Preservation of Evidence and Property
A. Evidence will deteriorate with the passage of time, especially biological material. Such deterioration can be minimized by promptly taking proper precaution. Physical evidence may undergo change in the following ways: 1. Loss by leakage or by evaporation from an improperly stoppered container. 2. Decomposition through exposure to light, heat or bacteria. 3. Intermingling of evidence from various sources and locations in a common container. 4. A fresh tear or cut in a garment. 5. Contamination, bacterial or chemical, resulting from the use of unclean containers. B. Precautions that should be employed to reduce or eliminate deterioration and contamination include: 1. Use only fresh, clean containers. 2. Use leak proof, sealable containers. 3. Uphold the integrity of each item of evidence by using separate containers. 4. Keep evidence away from direct sunlight and heat. 5. Refrigerate biological evidence when not being transported. 6. Deliver evidence as quickly as possible to the Laboratory (when examination is required) 7. Handle evidence as little as possible.
4-3 Temporary Storage
A. The temporary storage lockers are a basic component of the APDs evidence and property control system. Temporary storage will be used only when an evidence custodian is not available. The custodian will remove evidence and property from the temporary lockers as soon as possible but not later than the morning of the first work day after the evidence has been secured in the temporary locker. In order for the temporary storage system to function effectively, the evidence custodians must check the lockers daily and remove any items stored in them.
B. The temporary system uses the drop key method. This system is similar to the system used in bus and airline terminals. The presence of a key in the door lock indicates that the locker is available for use. The officer unlocks the locker, places his evidence into the locker and then closes the door, removing the key. The key is then inserted into the drop slot. The evidence custodian retrieves the evidence and property from each of the individual lockers, the keys are return to the door lock, this will signal that the locker is ready for use. To maintain the chain of custody it is essential that the custodian complete all custody documents immediately after the items are taken from the lockers.
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C. Temporary Refrigeration. 1. To reduce the potential for lost or spoilage of perishable evidence two refrigerators are dedicated for storage of perishable evidence. The temporary storage refrigerator is located in temporary storage locker D1. Follow the same procedure for using this locker as that described for storage of evidence in other temporary lockers. 2. Temporary locker D1 will only be used for items that require refrigeration. It may be used for storage of other items only when no other temporary locker is available.
4-4 Long-Term Storage
A. For ease of storage and retrieval, property is classified into five categories: evidence, found, deter, safekeeping and destruct. All property will be classified by the officer taking the property into custody. The classification will assist the evidence custodian to properly store the items. Evidence to be forwarded to the crime laboratory or identification section must have the lab box checked on the PED. The vast majority of evidence seized by officers can be stored in the departments universal envelopes. Property and evidence that cannot be stored in the universal envelopes require special handling.
B. Firearms: 1. All firearms seized as property/evidence will be packaged in a gun box. The officer will make sure the weapon is not loaded prior to placing it in a gun box. An evidence tag will be affixed to each firearm prior to placing the weapon in a box. The officer will not affix the tag to the gun box or write on the box. 2. Ammunition will be packaged and listed separately on the PED. 1. Disposition of Firearms. (a) It is essential for the custodians not to assume that a weapon should be released simply because he has disposition instruction. The custodian should question anything that is suspicious and seek assistance from the Director of Records, Property and Evidence. (b) One of the most asked question about firearms is Who can have them and who cant? The basic federal law that defines persons who cannot have or possess a firearm serves as APDs start point. Federal law that defines persons prohibited from possessing firearms is: title 18 U.S. code section 927, Texas law may be more restrictive; it can never be less restrictive than federal law. When state and federal law conflict, the most restrictive definition of who cannot have a firearm applies. It is illegal to release a firearm to a prohibited person. (c) The following persons are prohibited from having, receiving, or possessing a firearm: (1) Under indictment: A person who is under indictment for, or has 37
been convicted in any court of a crime punishable by imprison- ment for a term exceeding one year. Crime punishable by imprisonment for a term exceeding one year does not include any State offense classified by State law as a misdemeanor and punishable by a term of imprisonment of two years or less. This gives property officers the right to refuse to release a firearm to a person who has been arrested and is under indictment but has not yet been tried. (2) Fugitive from Justice: This includes individuals who have fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceedings. (3) Drug Addict: Includes unlawful user of or someone addicted to any controlled substances. (Title 21 U.S.C. 802 defines an addict as any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as t have lost the power of self-control with reference to the addiction.) (4) Mental Defective: Includes anyone who has been adjudicated as a mental defective or who has been committed to a mental institution. A person who has been held for observation and examination, pursuant to a county mental health board, but was not found to be mentally ill, is not considered to have been committed. (5) Alien: Any person who is in the United States unlawfully or illegally may not own or possess a weapon. (6) Dishonorable Discharge: Includes any person who has been discharged from the Armed Forces under dishonorable conditions. (7) Renounced Citizenship: Any citizen of the United States who has renounced his or her citizenship.
The above list is not all-inclusive. Under normal condition the evidence custodian will not have all the information readily available to determine if not a firearm should be released to the owner. If the custodian is suspicious he should seek assistance from the Director Records, P & E prior to releasing the firearm. In some cases it may be necessary to get assistant from the City Attorney, District Attorney or a District Court Judge. (d) Returning Firearm to the owner. When it has been determined that a firearm may be released to the owner the following will apply: (1) Positive identification will be required before a firearm is returned to the owner. The identification source; a drivers license or other photo bearing identification. 38
The identification must contain sufficient personal data on the owner or person requesting release of the weapon to conduct a criminal history background check. (2) A TCIC/NCIC inquiry will be made prior to releasing a firearm. (3) Firearms and ammunition will not be released on the same date; this is a security precaution. (4) When the owner does not return for the ammunition within 30 days the ammunition will be disposed of, by releasing it to the Range Master. (5) A nylon tie cable will be secured through the frame so cylinder/bolt cannot be closed. (e) Weapon Disposal: (1) An armed officer will be assigned to escort the weapons to the place of destruction. The officer will act as a witness and will sign the destruction certificate. (2) Handguns that cannot be returned to the owner, illegal firearms and firearms that have been abandoned will be destroyed. (3) Firearms will be destroyed by cutting them into small pieces. The Custodian and assigned officer (witness) and/or the Director of Records, Property and Evidence will ensure that all parts of the weapons are completely destroyed. (4) With the advice and recommendation of the Range (5) Master and the Assistant Chief Services Bureau, the Chief of Police (6) may retain for departmental use or auction specifically identified (7) long guns. The Chief of Police with the advice and recom- (8) mendation of the Range Master and the Assistant Chief Support (9) Service Bureau may retain handguns that have training or collector value or is historically significant. These type hand guns (10) may be retained for training or display by the department or (11) transferred to a museum; the department will retain ownership of (12) any firearms that are transferred to a museum. (13) Only long guns that have been determined to be high quality, have significant financial value and designed only for sporting purposes may be auctioned. These weapons may beauctioned only to licensed gun dealers. (14) After case adjudication, all firearms are disposed of in a manner consistent with local and state laws and Title 18 USC 922(d). (15) Firearms, which are removed from the scene of domestic disturbances and booked for safekeeping, will be held a minimum of 30 days. A copy of the PED should be provided to the person releasing the firearm as a receipt. The officer will explain the holding period and the procedures for picking up the 39
firearm after the retention period has expired. (16) Before returning a firearm to a citizen, criminal history inquires shall be conducted on the firearm and on the person to whom the firearm will be released. Inquiries should be run through the National Crime Information Center, the Texas Crime Information Center, and local (RMS) records. (17) If a firearm is to be released to any person other than the one from whom it was seized, the person receiving the firearm must present proof of ownership. Proof may include an authorized release from the court holding jurisdiction of the corresponding case.
NOTE: Exceptions to this policy will be granted by court order
C. Narcotics and Dangerous Drugs. 1. All narcotics and dangerous drugs taken into custody will be weighed, prior to storage, and the weight noted on the PED. (This should be done as soon as possible after it is seized). 2. Evidence in the form of pills and capsules will be counted by the seizing officer immediately after seizure. The total number will be noted on the PED. 3. Each drug item shall be placed in a separated envelope or other package and the envelope/package sealed, an evidence tag will be affixed to each separate envelope/package (evidence tag is not required on the universal envelop). Unless the evidence is to large it will be stored in a universal envelope (APD Form 323). Place as many items as possible in one universal envelope and complete the appropriate blanks. 4. Drug paraphernalia will have an evidence tag affixed to each separate piece of evidence. The item(s) may be stored in a universal envelope, other appropriate containers or on a shelf in the drug vault.
D. Money 1. Submission of paper currency to property/evidence: Money will be retained in the property and evidence room when it is needed for court purposes. All money not needed for court will be deposited with the finance office as soon as it is practical. 2. Procedures (a) Photocopy front and back of all bills (black and white Photocopies only). (b) Sort all bills by denomination. (c) Arrange each stack so that bills will face up. The figurehead should be looking in the same direction on all bills. (d) Large sums of currency should be counted in the presence of a supervisor or another officer (amounts in excess of $500). (e) Place funds in a universal evidence envelopes or an appropriate container when the envelope are too small or to large. 40
(f) The evidence envelope or container will be sealed with evidence tape. (g) Both the officer and the supervisor or another officer will initial the container when large quantities are involved. (h) If special handling is required discuss it with an evidence custodian or attach instruction to the PED. (Money will be deposited unless other wise indicated by the booking or case officer). 3. The evidence custodian will book the sealed container and deliver the sealed container to the finance office. The seal will be broken by an accounts clerk and the count witnessed by the evidence custodian. The custodian will make a copy of the receipt from the finance office and provides the copy to the officer for his case file. The original receipt will be attached to the PED. If the total count made by the officer and the finance clerk are different the following procedure will be followed: (a) A memorandum describing the stated amount, the counted amount, a copy of the deposit slip, and any other pertinent information shall be sent by the custodian and the finance clerk to the Director of Records, Property and Evidence. (b) A copy of the memorandum will be sent to the officer and the officers supervisor that conducted the initial count. (c) A copy of the memorandum will be sent to the Assistant Chief Services Bureau and Assistant Chief of the officers involved. They will determine the course of action to be followed. 4. Coins (a) Follow the procedures outlined in paragraph 4-4 D2. It is not necessary to photocopy coins. (b) Separate coins by denominations (Most Banks will conduct a quick count of large quantities of coins). 5. Disposition of money: Upon adjudication of the case the money will be disposed of in accordance with applicable laws. (a) When held as the result of a search warrant, a court order is required (b) for release. The owner of stolen or embezzled money will be notified by a registered letter when the money can be released. (b) When the return receipt is received no additional notices will be forwarded. Funds will remain on deposit until claimed. (c) Money held for safekeeping will be released upon request and proof of ownership and identification of the owner. (d) Found money Will be returned to owner upon proof of ownership and identification. (e) All other cases will be reviewed on a case-by-case basis.
E. Explosives- Fireworks- Flammables: 41
1. Explosives will not be stored in the property room. The Hazardous Devices Unit shall be notified to remove and secure all explosives. Explosive items that will be retained for evidence will be stored in the explosive locker located on the grounds of the Warren Dodson Training Complex. Explosives Devices should be photographed prior to destruction or removal from the initial location. This includes any ammunition 50 cal or larger. The officer shall indicate on the PED where the explosive devise is stored. If the photographs are to be used as evidence they will be booked into the property and evidence room. 2. Record any identification printed on the device prior to destruction. 3. If the devise is to be destroyed the actual preparation and destruction of the devise will be photographed or video taped. The photographs/video tape will be stored in the property room.
F. Fireworks will not be stored in the property and evidence room. All fireworks will be taken to the central fire station for destruction. 1. In cases where fireworks are seized but no charges will be filed, a log entry will be made with the full identification of the person (if any) from whom the items were seized. The entry will also note that the fireworks were released for destruction at the central fire station. 2. Fireworks confiscated where charges will be filed: (a) The fireworks will be listed on a PED and marked for destruction. (b) The citation number will be listed on the PED. (c) The items will be photographed, and the photograph listed separately on the PED. (d) The fire department personnel will sign in received by blank on the PED. (e) All fireworks will be disposed of via the Fire Department or Bomb team. The photographs may be used for court evidence.
G. Flammables: Flammables include such items as gasoline, alcohol, paint thinners or any other volatile type liquids that if exposed to heat or flame could erupt into fire. Flammable property and evidence will not be stored in the property and evidence room. Flammables that are retained as evidence will be stored at the hazardous material bunker located on the Warren Dodson Training Complex. The following procedures will be followed for handling flammables: 1. Photograph the container(s). 2. Complete and attach a property tag to the container. 3. Contact commander of the hazardous material unit for access to the hazardous material bunker. 4. Never store acids, gasoline or denatured alcohol in plastic containers. unless it is the original container. Some plastic container will melt when they are used to store the items listed above. 5. Lawn mowers, chain saws or any other internal combustion engine 42
power tools must be drained of all flammable liquids before they are booked into the property and evidence room. 6. Flammables that are not required as evidence may be delivered to city recycle center for disposal. 7. Flammable evidence will be stored in the hazardous material bunker until final disposition.
H. Bicycles: Approximately 150 bicycles are auctioned each year because the Department cannot identify or find the owners. When seizing bicycles, the officer and custodian should always check the stolen report. 1. Procedures. (a) In preparation for booking the officer will check the bicycle for serial numbers and owners engraved identification. (b) Bicycles seized as evidence shall be listed on a PED and booked in property and evidence room. (c) When the owner can be identified from the ID information on the bicycle or by other mean and the bicycle is not needed for court proposes it may be released to the owner in the field. (d) The officer will check all found property bicycles through RMS or other appropriate databases in an attempt to identify the owner. (e) Some owners may register their bicycles with the National Bike Registry (NBR), at the time of purchases. The NBR decal is normally placed above the front derailleur or under the seat. If a decal is located, obtain the decal number and call 1-800-621-850 or 1-800-621-851. When the owner information is obtained, ask the owner to contact the property and evidence office to schedule an appointment for release of the bicycle. 2. Disposal of Bicycles: (a) Found bicycles, that remain unclaimed and the owner is unknown, may be sold at a public auction after 30 days. (b) Stolen bicycles will be returned to the owner upon case adjudication. (c) If the owner has not claimed the bicycle 30 days after case adjudication, the evidence custodian will mail a notice to the owner by certified mail. The notice will describe the property and state that if the owner does not claim the bicycle within 30 days from the date of the notice the bicycle will be disposed of in according with applicable laws. (d) Safekeeping bicycles will be returned to the owner upon request or disposed of as abandoned property after 180 days. (e) Disputed ownership will be resolved by a property hearing. (f) All bicycles that are declared abandon will be sold in a city auction.
I. Alcoholic Beverages: 43
With the exception of felony cases, alcoholic beverages will be photographed and booked for destruction. The photograph will show, if possible, the type of liquor seized and the amount in the bottle. An agent from TABC must be contacted before any alcoholic beverages are destroyed. 1. Procedures: (a) Photograph the alcohol. Always include the case number in the picture. (b) The photo will be stored for evidence. The alcohol and container will be disposed of. (c) Alcohol or Tobaccos seized as stolen property should be photographed and released to the victim. If for any reason the victim will not accept the items they shall be booked for destruction. (d) Felony Cases: Clearly mark the PED and storage container FELONY- HOLD FOR COURT. (e) In felony cases when the containers are open and the liquid can not be secured without leaking, the liquid will be poured in a suitable size container. The original container will be photographed before and after the liquid has been poured out. The original container may be destroyed by the officer. The photographs and the liquor will be listed as separate items on the PED. (f) Alcohol or tobacco seized in the possession of a minor should be booked for destruction. 2. Exception: When alcoholic beverages require laboratory analysis, The officer will seal the container in which the alcohol was found and deliver the container to the lab or book the container into the property and evidence room. The PED will be marked in the Lab Column. 3. Disposal of alcohol beverages. (a) Small quantities of alcohol may be flushed/poured down the drain. (b) Verify adjudication of felony cases and then destroy the alcohol. (c) Mass destruction large quantities may require disposal at the refusal disposal or city-recycling center. Note: All alcoholic beverages must be destroyed by or the destruction witnessed by TABC agent(s).
J. Biological Evidence: Proper preservation of biological evidence is a crucial concern of law enforcement. A single drop of blood may be sufficient to conclusively prove the innocence or infer the quilt of a suspect. It would follow that the loss of biological evidence due to improper storage could result in the dismissal of the case. 1. Procedures: (a) If blood is wet, on a piece of clothing, sheet, etc. it must be completely dried prior to storage or submission to the lab, unless the lab agree to accept wet blood stained evidence. (b) If liquid it must be refrigerated. (c) Blood samples shall be handled and booked in the following manner: 44
(1) The officer shall complete the consent form with the person providing the blood sample, and include the form with the information to be placed in the case jacket. (2) The lab request form shall be completed and placed with the tube to be used for the blood sample. (3) After the blood sample is drawn, the phlebotomist will seal the blood vial. The vial shall be placed in the cardboard tube with the request form, but the tube should not be sealed. (4) An APD evidence tag shall be completed with the corresponding case number and placed around the top of the tube. Do not place the tag around the break in the tube. (5) A PED shall be completed with the LAB box checked adjacent to the blood tube. The yellow NCR copy shall be forwarded to the DWI Coordinator. (6) Blood Soaked or Contaminated Items: Clothing, garments, bed sheets, or other fabrics which are stained with blood or other bodily fluids shall be handled and processed as follows: The bloody or contaminated items shall be separated from other property and placed in a paper sack or other none plastic container, after it has been air-dried. The paper sack shall be clearly marked on the outside to indicate that the Contents are contaminated with blood or bodily fluids. An evidence tag shall be completed with the corresponding case number and placed on the exterior of the package.
CAUTION: HIV/ AIDS has a short life span when exposed to air. Hepatitis can live for hours or even years in the open air. DO NOT take chances-Use safe guards- Biological evidence can cause serious illness if not handled properly. Always use gloves and when possible, face protection.
(7) Disposal: Upon adjudication of the case, all bio-hazardous material will be placed in the red bio-hazardous bags and box for destruction.
K. Film and Photographic Evidence: Film depicting a crime scene or photographs taken to identify property in lieu of confiscating the stolen or allegedly stolen property, is itself considered evidence and shall be listed as a separate item on a PED and booked into the Property and Evidence vault. The following are procedures for booking film 1. The film shall be placed in its canister, and the canister placed in a film envelope (APD 185). 2. The film envelope shall be completed, listing the case number, date, officer 45
ID Number, and division. If prints of the photographs are needed, the originating officer must write PRINTS in the Remarks space. If the prints are not specifically requested, the film will be processed into negatives only. 3. The PED will list the film as a separate item, and the corresponding LAB Box will be checked. 4. Polaroid (instant) photographs: (a) Polaroid or instant photographs booked into Property and Evidence should be listed separately on the PED. Multiple photographs may be grouped and listed as a single item, but photographs should not be grouped with other items. (b) An evidence tag should be affixed to the center portion of the back of the photograph. If multiple photographs are submitted as one item, only one evidence tag is needed. (c) When grouping multiple photographs as one item, it is not Necessary to clip or staple the photos together. The photos should be kept together with the PED, then the Property and Evidence Custodians will prepare them for filing. 5. Video Tapes: (a) Crime Scene/Evidentiary Videotapes: Video made of a crime scene, which is to be used, as evidence will be listed separately on a PED, placed in the videotape case or cover, and booked into the property and evidence vault. (b) An evidence tag will be affixed to the spine of the tape. For added precaution, an additional tag may be affixed to the case or cover. (c) Seized or Found Property Videotapes Videotapes seized as evidence or carried as Found Property should be listed on a PED and submitted to Property and Evidence. An evidence tag should be placed on the videotape if it is itemized separately on the PED.
L. Prisoners Property: Prisoners property should be maintained with the same degree of care and security as other types of evidence. There are good reasons for the security of prisoners property 1. The department is responsible for the safekeeping of prisoners property while the prisoners are in police custody. 2. A high degree of concern must be exercised with an individuals (prisoners) personal property. 3. A prisoners inventoried property may contain items that are later determined to be evidence. If a chain-of-custody of a prisoners property is not maintained, this newly discovered evidence may be inadmissible in court.
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Note: In most cases prisoners personal property will be held by the county jail personnel. However, it may be necessary, in some cases, for this department to hold a prisoners personal property.
M. Bulk Storage: All large, bulk items will be stored in vault four (4) after they have been processed through the normal booking procedure. N. Storage of evidence subject to judicial appeal: All evidence associated with offenses that include the possibility of appeals shall be moved to the designated area in vault four. The change in location shall be noted in all appropriate databases. 1. When disposition instruction is received from the court the execution of the instruction will be delayed until the statutory time limit for appeal has expired. The date that the time limit expires will be noted on the suspense file. The disposition instruction will be executed as soon as possible after the statutory time limit expires. 2. Upon receipt of the disposition letter if the evidence has not been returned from the court the evidence will be retrieved as soon as possible and all evidence associated with the case stored in the area designated for appeal cases.
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CHAPTER 5
Compliance Test
Observations, Inventories, Audits
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5-1 Introduction
Compliance tests will be made a matter of written record. Through these activities (observation- inventories- audits) errors in procedures and weakness in the system can be discovered before they become too grave. These activities are intended to strengthen internal security and control, to adjust for legislative changes affecting the process and provide support for procedures established by the departments leadership. Sound internal controls will accomplish the following: Avoid losing Criminal Prosecutions Avoid claims against the department and city Avoid civil suits Avoid embarrassment to the department Instill in all employees the importance of the property/evidence function
5-2 Compliance Test
A. It is desirable for the property and evidence room to receive a compliance test on a monthly basis but not less than quarterly. The test may be conducted by the Director of Records, Property and Evidence or an individual appointed by the Assistant Chief Support Services Bureau. The test checklist, appendix 1, will be used as a guide for conducting compliance tests. Compliance tests are intended to collect and evaluate information to determine if control procedures are being followed and operating efficiently and effectively. The test will evaluate the risk of material error in the handling, storage and disposition of property and evidence. Additionally, they will determine the adequacy and the degree of enforcement of internal controls. Observations and inventories will be a major factor in determining the type of audits to be conducted.
B. Compliance will answer the following question: 1. Do internal control procedures reduce the risk of material errors? 2. Do errors, omissions and noncompliance indicate a need for an audit or training for the custodians and/or officers? 3. If internal controls are being followed are they sufficient to prevent errors? 4. Is it necessary for the Chief-of-Police, and/or Assistant Chiefs to become directly involved to ensure compliance?
5-3 Audits/Inventories/Inspections
A. There are three types of audits that may be conducted by the department on the Property and Evidence room: a basic audit, a procedural audit and an organizational audit. A fourth type of audit is a full audit. A full audit includes all three of the above. 1. Basic audit is conducted to determine if legal requirements have been complied with. 49
2. Procedural audit examines and evaluates the efficiency and effective use of resources including adherence to procedures and policies established by management. 3. Organizational audit examines and evaluates organizational structure including plans, policies and systems. This type of audit will normally be conducted only when there is a change in structure, policies, major plans or leadership. 4. A full audit will include all of the above audits. It involves tracing every item of property and evidence through the system to its current location, including final dispositions, verifying chain-of-custody and accuracy of all related forms. A full audit takes a tremendous amount of time and interferes with the day to day operation of the property and evidence room. Therefore, full audits are normally done by RANDOM SELECTION; randomly selecting a percentage of case files, items of property and inactive cases. The full audit would then be conducted on the files and property selected.
B. Departmental personnel will normally conduct basic, procedures and organizational audits. Full audits will be conducted by personnel not assigned to the department (i.e.: city auditors, commission or special board appointed by the Chief of Police or City Manager).
C. An audit will be conducted annually. Areas identified as potential problems through compliance test should be used to determine the scope of the audit and may indicate a need for more frequent audits. High-risk areas such as drugs and narcotics, firearms and money handling procedures may be audited more frequently. Random unannounced audits may be conducted with prior notice to the Assistant Chief Support Services Bureau.
D. The Property Manager assigned to supervise the Property and Evidence Division will be responsible to oversee all policies that involve the handling of evidence once the evidence is submitted. To ensure the integrity of the Property room the Property Manager will also be responsible for the following:
1. Conduct a semi-annual inspection of the property room, evidence policies, and a sampling of evidence items to ensure compliance with policies and procedures. 2. Conduct property room inventories to include an adequate sampling of evidentiary items to ensure accountability and integrity of the inventory system annually and when a new evidence or Evidence Technician is assigned. 3. Complete and retain the appropriate documentation for both the semi-annual inspection of the property room as well as all inventories conducted.
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5-4 Inventory Sampling Methods Sampling Method 1: A complete inventory of all critical items (Guns, Drugs and Money) in the Property Room and a random sample of 5% of the total number of items or 50 items, whichever is less, of the remaining items in the property room. The inventory should be conducted by locating the intake paperwork for all the guns, drugs and money, then locating the items in the property room. The audit of the other items should be done in two parts. The first part is done by randomly selecting the paperwork for 25 items and locating them in the property room. The second part would consist of randomly selecting 25 items from the property room and locating the items paperwork to test the record keeping system. Sampling Method 2: This method relies on a mathematical sampling formula which produces a 95 percent confidence level with a confidence interval of +/- 3 percent. This inventory is conducted on all items. An error rate of greater than 4 percent requires that a complete inventory of critical items be conducted. The random sample shall be completed by dividing the number of items to be sampled into the total number of items in the Property and Evidence room, ie (Total items 15,000, sample required 996, 15000/996=15.06). The person doing the audit would then select every 15 th item on a list of items which would produce the proper number of sample items. This method is preferable for larger agencies. See the chart on the following page.
A. Evidence custodians like crime scene processors are likely to encounter property and evidence that could be dangerous or contain infectious diseases. Firearms, sharp items, blood and other body fluids are items that can be a safety and health hazard. Special handling and safety precautions will minimize risks and reduce potential for exposure and contamination. The following safety precautions are applicable for use while collecting and handling all body fluid evidence, and are essential when the potential presence of infectious diseases such as Human Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS), Hepatitis B, or Tuberculosis are present. 1. Wear disposal rubber gloves: This is especially important for any person with a cut, abrasion, or any other break in the skin on the hands when handling blood or other body fluids. 2. Protective shoe covering: Officers or other personnel who may assist in crime scene processing should wear protective covering on their shoes when processing bloody crime scene to avoid contaminating other locations. 3. Respirator Masks/Protective Eyewear: When dried blood stains are scraped, personnel processing the evidence may be exposed to contaminated blood particles being dispersed into the air. Use of mask and protective glasses or both may prevent dried blood from entering the mouth, nose, or eyes. 4. Sharp objects: Special care while handling items that may puncture or cut the skin will minimize risk. If the handler is cut or scratched, or the skin is punctured by an item during evidence processing, immediately seek medical assistance. If an antiseptic, such as rubbing alcohol, is available, cleanse the wound with the antiseptic. Then wash with soap and water then seek medical assistance. Evidence custodians must be particularly alert for sharp objects that may be placed in evidence packages. These objects include hypodermic needles and syringes, knives, razors, broken glass or any sharp objects that could contain body fluids. (a) Sharp objects can harbor bacteria and viruses that present a potential health hazard. (b) Staples used in the Property Room can harbor bacteria and viruses. Paper or plastic tape should be used instead of staples when packaging evidence. 54
(c) Most laboratories will not accept hypodermic syringes with needles for Analysis. Exceptions are made when it is critical to the case. The crime lab should be called prior to submitting hypodermic needles for analysis.
B. Special Marking: After collection of evidence containing potentially infectious material, the items shall be identified to prevent contamination to the others unaware of the potential danger. Attaching adhesive backed labels with the biohazard symbol will alert others of the potential danger. When biohazard labels are not available red ink will be used to write on the package or container a warning such as CAUTION CONTAINS BIOHAZARD MATERIAL. Any such evidence that is shipped to a forensic laboratory by U.S. Mail is subject to the Code of Federal Regulations, Part 72.This specifies that appropriate warning labels must be placed on the package, and any liquid substance must be triple-wrapped and sealed.
B. Protection against exposure and to make sure all bases are covered, the following precaution will be taken: 1. Custodian should wash with soap and water immediately after removing gloves or other protective equipment, and flush mucous membranes following contact with any potential infectious materials. 2. Food and drinks will not be stored in refrigerators/freezers, cabinets, shelves, or counter tops of work area where potentially infectious materials are present. 3. Broken and contaminated glassware will not be retrieved with unprotected hands. 4. Containers will be labeled and packaged to prevent breaking.
6-2 Restricted Activities.
For the protection of evidence custodians against pathogenic microorganism custodian will not smoke, eat, drink, or apply make-up in the evidence vaults or evidence processing area. Engaging in these activities may inadvertently cause the ingestion of microorganism. Any microorganism on the hand or make-up utensil could be introduced into the body through the mucous membrane.
6-3 Toxic Chemicals.
Evidence recovered from clandestine laboratories shall not be stored in the evidence vault unless the officer and the property custodian agree that the evidence does not pose a fire or safety hazardous.
A. Clandestine laboratory evidence seized will normally be handled in accordance with the instructions for handling explosives.
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B. Care must be taken to avoid exposure to clandestine laboratory chemicals. These chemicals can be life threatening. See Appendix 6 for a list of common solvents and chemicals found in clandestine laboratories. This list is not all inclusive and will be used as a guide only.
C. Officers and property custodians must be alert for common kitchen utensils and glassware, buckets, mason jars, and drip style coffeepots that have been used in clandestine drug laboratories. These items can become dangerous after they have been used in processing drugs.
D. Several of the ingredients used are highly flammable, caustic, toxic and explosive. 6-4 Firearms Evidence
A. The safe handling of firearms is of paramount importance. Weapons shall always be rendered safe prior to booking and storage in the property and evidence room or forwarding to a crime lab for analysis. EXCEPTION if for some reason a weapon can not be unloaded the Weapon Box will be marked in RED UNSAFE WEAPON LOADED; the direction of the Muzzle will be indicated with a RED ARROW.
Figure 6.2
RED ARROW DIRECTION OF THE MUZZLE.
B. Semiautomatic and automatic Weapons: Semiautomatic and automatic weapons will be inspected before handling to determine the status of any manual safety devices. The magazine should be carefully removed and the chamber checked for a cartridge or casing. The weapon will be packaged with the slide lock open. If this is not possible the slide will be closed with a nylon cable tie between the slide and the chamber.
C. Rifles and Shotguns: Rifles and shotguns will be unloaded prior to packaging for storage or submission for laboratory analysis. If the magazine is not removed the weapon will be unloaded in the reverse manner in which it was loaded.
D. Revolvers: Cocked revolvers should be cautiously uncocked using the knurled area on the hammer. The chamber in the firing position should be identified by placing two marks on the cylinder, one on each side. Fired and unfired cartridges will be removed from the weapon noting the location of each in the cylinder, and individually packaged.
UNSAFE WEAPON LOADED 56
6-5 Security
A. The property and evidence room will be locked at all times when not occupied by a custodian. Entry into the property room storage area will be limited to property room personnel. Entry into the property room storage area by non-property personnel shall not be permitted unless accompanied by an employee assigned to the property room. All personnel other than those assigned to the Property and Evidence room who enter the storage area shall sign into the log sheet with your name, date, and time of entry and time of exit.
B. The primary objective of collecting evidence is to assist in proving or disproving criminal allegation. When this objective (adjudication) has been met the legal value of the evidence has diminished, but the commercial value remains. It is at this point that the custodian must remember the PROPERTY RIGHTS OF THE OWNER or other person entitled to possession of property (evidence). These property rights must be protected unless the property is contraband, or it has been ordered forfeited after due process hearing. It is the responsibility of the evidence and property custodian to: 1. Make every reasonable effort to identify owners or others rightfully entitled to possession of the property. 2. Promptly return all property to the owner or person entitled to the property. 3. Prevent damage or loss of the property. 4. Prevent unauthorized use of the property. 5. Ensure that all releases of property have been authorized by complete authority.
C. Key and Lock Control: Only key-operated locks will be used to secure the property/evidence room, for both external and internal security. Each lock will have only four (4) keys per lock. 1. Keys will be restricted to personnel directly assigned to property function; one set of keys per custodian and one set will be maintained by the Director of Records, Property and Evidence. 2. A key inventory list will be maintained by the Director of Records, Property and Evidence. 3. Duplication of keys must be approved in writing by the Director Records, Property and Evidence. 57
(a) All external locks will be changed under the following conditions: (1) When a custodian resign, transfers, is terminated or retires. (2) When keys are lost and remain lost for a period of more than four (4) hours. (3) At the discretion of the Director or the Assistant Chief Support Services Bureau. (b) Custodians are responsible for the security of keys in their possession. They will report any lost or misplaced keys to the Director as soon as possible. (c) Property and evidence room keys will not be put on key rings with any other keys, i.e. car or house keys. (d) When a custodian is hospitalized, on vacation leave or attending training that last longer than 24 hours, the keys in possession of the custodian will be turned into the Director. The Director will inventory and sign for the keys. (e) Keys to the property/evidence room will not be marked to identify their use and will be stored by the Director of Records, Property/Evidence when not in possession of a custodian.
C. After normal duty hours access may be gained to the property room by contacting the director or one of the custodians.
D. Tours or on-site visit of the property room must be approved by the Deputy Chief Services Bureau or the Director of Records Property and Evidence. Non-property personnel are discouraged from entering the property and evidence room except for audits or compliance tests.
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APPENDIX 1
Abbreviations
References 59
Explanation & Abbreviations
DPS Department of Public Safety
PED Property and Evidence Document
COC Chain of Custody
Booking The administrative process of preparing various evidence forms, packaging evidence/property for submitting to the custodian and acceptance of the evidence/property for storage by the custodian.
Booking Officer The officer who conducts the initial evidence inventory, initiates the COC and release the evidence or property to the custodian for storage or destruction.
Evidence Anything that tends to assist in ascertaining the truth of a matter or furnishes proof of a fact. Evidence may be physical or testimonial (this manual Physical evidence is divided into three general categories:
Moveable Evidence Evidence that can be picked up at a crime scene and transported, i.e. tools, weapons, clothing, glasses, documents, etc.
Fixed or Immovable Evidence Evidence that cannot be readily removed from a scene because of its size, shape or makeup, i.e. walls, floors, etc.
Fragile Evidence Physical evidence, which if special care is not taken to preserve its state, can deteriorate to a point where it is no longer of evidentiary value. It is difficult to detect; it may be movable or fixed. [For example, a footprint in the sand or snow is actually fixed/immovable, but an impression can be taken and preserved so as to be admissible as evidence. Fingerprints can be lifted or removed. Bodily fluids can be preserved in their natural state (or closely there to]). These types of evidence will require special handling during collection, packaging and storage.
Marking/Tagging The officer initially assuming custody of evidence must mark or tag the evidence. Tagging helps the officer to identify the object. Tags must be completed in ink.
Compliance Test Tests conducted to evaluate the likelihood (risk) of material errors in the handling, storage and disposition of evidence and property. For the purpose of this manual compliance test consist of:
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Inventories A physical counting of property and evidence and inspection of the paperwork associated with each item of property and evidence. Audit A formal examination of the property and evidence procedures, organization structure for supervising the property personnel and the accounting for all property and evidence. Physical Observation An internal examination/inspection of the property room appearance, safety and security procedures.
Right of Refusal The authority given to the property custodians, by the Chief of Police, to refuse to accept evidence that has not been properly prepared for booking.
Temporary Release A period not to exceed 10 business days. Periods that exceed 10 business days must have an explanation for the need.
Controlled Substance A substance, including a drug, an adulterant, a dilutant, and an immediate precursor, listed in schedules 1 and v or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.
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References 1. Duran, Robert, The Police Property Control Function, 2d Edition. Public Management Press. Copyright 1998. 2. Joseph T. Latta and Nancy E. Master. International Association for Property and Evidence Workbook Copyright 1998. 3. OSHA, Office of Regulatory Analysis, Occupational Exposure to Bloodbarne Pathogens OSHA 3127, 1996 revised. Gauld Publication of Texas Inc. 4. Texas Criminal Law and Motor Vehicle Handbook; Code of Criminal Procedures 1998 edition. 5. U.S. Government Printing Office, Department of the Treasury. Bureau of Alcohol, Tobacco and Firearms: Federal Firearms Regulations Reference Guide 1998 edition. [ATFP 5300.4-(10-95)] 6. Texas Department of Public Safety Crime Laboratories- Physical Evidence Handbook Lab/c-13 reference 6-98 7. Abilene Police Department, Property and Evidence Standard Operating Procedures February 1991. 8. Abilene Police Department, Property and Evidence Manual approved for use March 1997.
Abrasives Use containers such as metal pillbox or powder box. Seal to prevent any loss. Place in envelope
Acids All glass bottle. Tape in stopper and seal with paraffin wax. Pack in sawdust, glass or rock wool. (Use bakelite or paraffin lined bottle for Hydrofluoric acid) Label "ACIDS, GLASS, CORROSIVE."
Adhesive tape Place on waxed paper or cellophane. Pack in pill or powder box, paper container or druggist's fold. Seal edges. Place in Envelope
Alkalizes (Caustic soda, ammonia etc.) Glass bottle with rubber stopper held in with adhesive tape. Label "ALKALI, GLASS, CORROSIVE." Ammunition Pack in cotton, soft paper or cloth in small container. Prevent friction shifting and contact while in transit If standard make Label (usually not necessary to) "EXPLOSIVE." Anonymous letter, extortion letters. Cellophane envelope placed in manila envelope, insert stiff backing to prevent bending or folding, seal and mark as for identification. Wrap securely. Include original envelope. Advise if letter should be treated for latent fingerprints.
Blasting Caps CALL EXPLOSIVE TEAM
Blood, A. Liquid Place in blood tube B. Small Quantities (1) Liquid Collect by using eyedropper or clean spoon, transfer to sterile Tube. (2) Dry Stains Tops, ends and all folds sealed to prevent leakage. Dry completely under natural conditions. Or in a drying cabinet C. Stained Clothing, Fabric etc. Each article wrapped separately and identified on outside of package. Place in envelope packed to prevent shifting of contents.
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Bullets (not cartridges.) Place on cotton or soft paper. Place in pill, powder, or match box. Pack to prevent shifting. Place in envelopes.
Cartridges or rounds (live). Same as above Cartridges (empty shells) Same as above
Checks (fraudulent) (See Anonymous letters )
Check protector rubber stamp, and date stamp sets, known standards Wrapped securely, prevent shifting or damage while in transit. (see also Anonymous letters) EVIDENCE / PROPERTY WRAPPING & PACKING MISCELLANEOUS Clothing Each article individually wrapped with identification written on outside of package.
Documents; a. Questioned and secret writing, handwriting and printed sediments, fraudulent checks, anonymous letter. See anonymous letters. b. Check protectors, rubber stamp, date stamps set. Same as above c. Typewritten material Same as above Drugs: Liquids If bottle has no stopper, transfer liquid contents to glass stoppered bottle and seal with adhesive tape and wax. Place in envelope? Or place in plastic heat sealed envelope. Mark fragile. Powders, Pills, and solids Seal with tape to prevent any loss. Place in envelope. Dynamite and other explosives CALL EXPLOSIVE TEAM Fibers; (See Hair and/or rope) Firearms./Guns Place in Gun box. Unload all weapons boxing. Gasoline Use metal container if necessary to retain as evidence. Store in Explosive team bunker. Label "GASOLINE" Glass Fragments Wrap each piece separately in cotton. Pack in strong box to prevent shifting and breakage. Identify contents. Mark "FRAGILE" On Cloth Fold fabric flat and then wrap so that no residue is lost through friction. Place Clean paper between folds. Place in envelope. Avoid Shaking. Hair and fibers Druggist Fold. Seal edges and openings with scotch tape or adhesive tape and place in envelopes. If envelopes not satisfactory, use appropriate container. Handwriting, Handprinting and forgeries, known standards or See Document. 65
exemplars. Impressions; plaster casts, tire treads, footprints Wrap each cast in soft paper or cotton, surround with packing material in box to prevent shifting or breakage. Label "FRAGILE" Medicines See drugs Metal Wrap in paper if solid. Use paper boxes or containers if fillings. Seal and use strong paper or box. Oil Glass or Metal Container with tight screw top. Mark "FRAGILE" if glass used. Paint a. Liquid Friction top paint can or large mouth screw top jars. If glass pack to prevent breakage. Label "FRAGILE" if glass is used b. Solid If small amout,pillbox or small glass vial with screw top. Seal to prevent leakage. DO NOT pack paint chips in cotton or secure with scotch tape or adhesive. Plaster casts See Impressions. Poison or Powders See Drugs. Rope, Twine Wrap securely in clean paper. If strands or fibers, use druggist fold in Pillbox. Seal edges and openings with scotch or adhesive tape. Place in envelope.
Safe Insulation or soil Use containers such as ice cream box, pillbox or powder box. Seal edges and corners to prevent any loss. Avoid use of Glass containers. EVIDENCE / PROPERTY WRAPPING & PACKING MISCELLANEOUS Semen stains Fold Carefully; protect area with clean paper. Pack to prevent shifting in transit. DO NOT roll item. DO NOT fold or crease stained area. Tools Wrap each tool in paper. Use strong cardboard box with tools to prevent shifting. Toolmarks After marks have been protected, wrap in strong wrapping paper, place in a strong box and pack to prevent shifting. Keep questioned specimens separate from known standards. Urine or water Use clean bottle with leakproof stopper. Bottle sealed and packed, surrounded with absorbent material to prevent breakage. Strong Cardboard. Wire Wrap securely. Pack to prevent friction, shifting, breakage, or contact while in transit. Also see Toolmarks. Keep questioned specimens separate form known standards Wood Same as Above. 66
APPENDIX 3
Compliance Test
67
Compliance Test
Administration
Date _________________
Type of Test observation inventory Audit Inquiry
Tester(s) ___________________ _________________________ Name Name
(Select applicable category for test) Scope of Test q Random Samples of open cases q Random Samples of closed cases q Narcotics/Firearms/Money/Jewelry (Line out area not being tested) q Evidence, Found, Safekeeping, Deter (Line out property category not being tested) q 100% Inventory q 100% Audit
2. PROCEDURES FOR COMPLIANCE TEST
A. Observation- Are the vaults neat and orderly? ___ Are there any safety hazards? ____ (describe the hazard) Passages ways free of clutter______ Are any of the following items stored in vaults ________Flammable ________Explosive _______Ammo (.50 cal or larger) _______Hypodermic Needles _______Chemical for drug labs _______Is protective clothing available
_______Corrosive material (if yes, how is it stored) ____________________ _______________________________________________________________ _______Hazardous waste (if yes, how is it stored) _____________________ _______________________________________________________________ _______Alcoholic Beverages (is yes, how are they store) ________________ 68
_______________________________________________________________ _______Sharp Objects (if yes, how are they stored) ____________________
Key Control Is there a key log? _________________ Where is it kept? ________________ Identify all personnel who are authorized to have keys to the property vault. _________________________________________________________________ Identify all personnel who are authorized access to the property storage areas _________________________________________________________________ Does each vault have a log to document entry by anyone other than property custodians and the Director of Records, P&E ____________________________ B. Inventory- Select one of the following: q This inventory is being conducted in reverse order (select items of property and following the paper trail to the booking officer). q This inventory is being conducted in normal order (select case reports with property and evidence documents and follow the paper trail to the item in the storage location or to the final disposition document).
Case number Item number Item(s) description Location Remarks
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C. Instruction For Random Property Audit: Active Case File. Randomly select case files in the records section involving property; follow the paperwork to the stored location of the property. Storage Items. Randomly select items stored in the property room. Follow the paperwork back to the property room file and the case file in the records section. Completed Property Transactions. Randomly identify closed cases. Track the Disposal process from receipt of property by the officer to final disposition.
4. Staffing Policies and Facilities
A. Staffing Number of employees assigned as property/evidence custodian______ Number of employees assigned to supervise the property/evidence activity____ Hours of operation________________ Organizational placement of property function __________________ ________________________________________________________ B. Property Facilities Security Access to property storage areas ________________________ Property storage keys control ________________________ Property storage security ______________________________ Are there procedures for documenting unauthorized entry or unusual circumstances?_____ Are the procedures followed?____________ Are Duties of the Custodians clearly identified ____________________ Are items requiring special handling clearly identified ________________ Are there procedures for handling property requiring lab examination ____
C. Property Withdrawal and Return or Transfer Are there established purposes for withdrawal of property ____________ Are personnel authorized to withdraw property clearly Identified________ Are property withdrawal procedure enforced _______________________ Are Property return procedure enforced ___________________________ Are Property Transfers documented ______________________________ Can property be tracked while outside of Property Room______________ D. Disposal of Property Procedures Are authorized method of property disposal clearly identified___ Are procedures for property destruction Identified _____________ 70
Are procedures for sale of unclaimed property identified_____________ Are procedures for disposal of firearms identified__________________ Are procedures for transferring property to other agencies enforced ____ Are procedures for disposing flammable and explosive enforced______ Are written authorization required from officer before Property is released or destroyed __________________
E. Facility / Storage Brief description of the types and locations of temporary and main storage rooms _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________ Can each property storage room be independently secured _______________ When was the last time locks were changed or rotated __________________
4. PROPERTY HANDLING PROCEDURES A. Property and Forms Preparation and Submission. Are packaging materials available for the officers? _____________________ Is the preparation area adequate? _________________________________ Is the evidence processed in accordance with established policy __________ Are property control reports and documents distributed filed and maintained in accordance with established policy? _______________________________
B. Documentation and Files Is each transaction documented (chain of evidence) ____________________ Is the property indexed in the property file?___________________________ Is the central case file ( records)current with the status of the property? ___
C. Classification of Property Is property classified into evidence, deter, found property, and property for safekeeping? __________________________________________________
D. Separation of Property for Storage Is property separated into the following categories and stored separately with added security? Describe how the property is stored. General evidence____________________________________________ Found Property______________________________________________ Property for Safekeeping______________________________________ Deter______________________________________________________ Firearms___________________________________________________ Ammunition________________________________________________ Money, Jewelry, and valuables_________________________________ 71
Narcotics and precursors ______________________________________ Flammables, Explosives, pyrotechnics____________________________
E. Lab Procedures Describe how property is processed for lab examination and returned to the agency_______________________________________________________ _________________________________________________________ _______________________________________________________
F. Photo Release Describe the process _________________________________________________ ___________________________________________________________________________
5 DISPOSAL.
A. Describe how final disposition is made on the following categories of property:
(1) General Evidence
(2) Found Property
(3) Property for Safekeeping
(4) Firearms
(5) Money
(6) Narcotics
(7) Flammables, Explosives, Pyrotechnics
(8) How is property returned to the owner?
(9) How is property sold?
(10) How is property transferred to other organizations?
6 FACILITIES SURVEY
Describe the storage facilities
Temporary Property Lockers: - Type Construction
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- Type Locks
Primary Property Room Type Construction - Walls
-Ceiling can access be gained to the vaults without difficulty?
-Heating/venting ducts are the vaults accessible though the ducts?
-Windows
-Exit doors- material, locks, hinges
-Bins/ shelves- alpha numeric identification
-Gun racks-
NOTE TO AUDITOR (S): Following the procedures outlined below will prevent the loss of control of property in the custody of the police department. Documentation for transfer, release or final disposition A. The transfer or release of property shall be documented: Property receipt to person from whom the property was received. Property identification attached to each item (property tag). A record of all items taken into custody. A form(COC) signed by the person (owner, finder) released property Each time property is released for any purpose must be documented Transfer of property when it is kept by the Court or District Attorney must be documented. Notification to owners when their property is ready for release must be documented B. Disposition of property shall be documented: Permission by the investigating officer or supervisor authorizing the authorizing disposal of property Court order requested by the agency authorizing destruction of narcotics or property. A form used to notify persons, other than owners who may claim owners A form requesting and documenting retention of weapons or property for agency or city/county use. 73
TYPE OF AUDIT:______________________________________________________________ AUDITOR:____________________________________________________________
NO. OF CASES ____________DATE OF REPORT:_____________________________ NO.0F ITEM ______________ CLASS OF PROPERTY:_________________________
EVIDENCE ______________________ FOUND _________________________ SAFEKEEPING ___________________ DETER___________________________
TYPE OF PROPERTY: (narcotics, knife, firearms etc.)_________________________
LOCATION OR DISPOSITION SHOWN: __________________________ _____________________________________________________________
ACTUAL LOCATION OR DISPOSITION: __________________________ _____________________________________________________________ PROPERTY VERIFIED: YES______ NO_____
Dear Sir/Madam: The following item (s) were booked into Property and Evidence as Found Property/ Safekeeping on ____________________ by Officer ________________, Case Number _________________.
Police records indicate that you may be the owner of this property.
The property can be released to you between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Haskell Police Department. In order to claim the property you must present a valid picture identification and proof of ownership. If property is not claimed by 5:00 p.m., ___________________________ it will be considered abandoned and can be sold at public auction.
Sincerely, Richard Candelaria Chief of Police Haskell, Texas 79521
Final disposition instruction has been received for the referenced case. Police records indicate that you have a bonafided claim to the property.
The property can be released to you between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Haskell Police Department. In order to claim the property you must have a valid picture identification. If the property is not claimed by 5:00 p.m. _______________________ it will be Considered abandoned and can be sold at public auction.
Please bring this letter with you.
Sincerely, Richard Candelaria Chief of Police Haskell, Texas 79521
Police records indicate that you have a right to claim property held in the Custody of the Haskell Police Department Property and Evidence Section.
The following items were booked into Property and Evidence for Prevent the Consequences of Theft on __________________ by Officer ___________________, Case Number __________________.
1. 2. 3. 4. 5.
An examination hearing by a Magistrate to determine the disposition of this property is scheduled on __________________ at ______________ a.m. at the Haskell Police Department. You may present your claim of ownership at this hearing. You will be required to present proof of ownership of said property at this time. Failure to appear before the Magistrate on the aforementioned time and date may result in the forfeiture of the property.
Sincerely, Richard Candelaria Chief of Police Haskell, Texas 79521
PRECURSORS LIMITED OR NO LEGITIMATE USE IN INDUSTRY NO LEGITIMATE HOME/HOBBY USE
CHEMICAL DESCRIPTION HAZARDS Benzyl Cyanide Clear oily liquid or crystals. Occasional faint almond or aromatic odor. Highly Toxic Ephedrine 1 White crystalline material. No odor Toxic Phenyl-2- Propanone Colorless to yellow oily liquid. Characteristic odor. Toxic Phenylacetic Acid White crystals/dissolved liquid. Pungent vinegar/nauseating odor. Toxic, Irritating Piperidine Colorless, water liquid. Pepper- like odor Toxic, Irritating 1Except small quantities of personal medication
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REAGENTS/SOLVENTS COMMON & LEGITIMATE USE IN INDUSTRY MAY HAVE LEGITIMATE HOME/HOBBY USE
CHEMICAL DESCRIPTION HAZARDS Acetone Solvent and cleaner Flammable, Toxic Ammonia Cleaner (agricultural use) Toxic, Irritating Ethyl ether Engine starting fluid, Carburetor cleaner Explosive, Flammable, Toxic Hydrochloric Acid Pool chlorine, tile wash Corrosive Isopropyl Alcohol Antiseptic (rubbing alcohol) Flammable, Toxic Methanol Model airplane fuel, parts cleaner, fuel additive Flammable, Toxic Perchloroethylene Carpet cleaner, fabric spot remover Toxic, Combustible Petroleum Ether Pain and varnish solvent Flammable, Toxic Sodium Hydroxide Sink/toilet-bowl drain cleaner Corrosive White Gas Solvent, camping fuel Flammable
REAGENTS/SOLVENTS NO LEGITIMATE HOME/HOBBY USE
CHEMICAL DESCRIPTION HAZARDS Hydriodic Acid Red/yellow liquid. Intensely irritating vapors. Highly corrosive, highly toxic Hydrogen Chloride Gas Colorless gas. Intensely irritating. Corrosive Red Phosphorous Red powder, no odor Reactive
CHEMICAL DESCRIPTION HAZARDS Acetic Anhydride Clear, water liquid. Intensely pungent, irritating vinegar odor. Highly Toxic Acids (Hydrochloric, Sulfuric, Acetic, Nitric, Phosphic, or Perchloric) Usually clear liquids. Intensely irritating odor. Corrosive Aromatic Solvents (Benzene, Toluene) Clear, water liquids. Characteristic solvent odor, slightly sweet. Toxic, Flammable 82
Bromobenzene Clear, heavy liquid. Pungent odor. Corrosive, Toxic REAGENTS/SOLVENTS CONTINUED
Chloroform Colorless liquid. Sweet odor. Toxic, Flammable Cynaide Salt (Sodium or Potassium Cyanide) White crystals or lumps. No odor Toxic Cyclohexanone White to pale yellow liquid. Peppermint odor Flammable, Toxic Lead Acetate White powder, no odor Highly Toxic Lithium aluminum hydride White powder, no odor Reactive, Toxic Lithium Metal Gray solid Reactive, Toxic Magnesium Turnings Dull to shiny metal shavings Reactive Mercuric Chloride White powder. No odor Highly Toxic Nitroethane Clear liquid. Irritating odor Highly Toxic Palladium Black Black powder. No odor Reactive Raney Nickel Dark gray powder or crystal. No odor Toxic, reactive Thionyl Chloride Yellow to red fuming liquid. Intensely irritating vapors Corrosive, Irritating, Toxic Sodium Dichromate Red-orange crystals or liquid Toxic, oxidizing Sodium Metal Gray, white soft metal. Small pieces, chunks or bricks. Reactive
END OF DOCUMENT MORE BELOW 05/02/2014 Christopher Collins Abilene Reporter-News P.O. Box 30 Abilene TX, 79604 VIA EMAIL christopher.collins@reporternews.com
Dear Mr. Collins:
The City of Haskell received your Public Information Act request directed to the Haskell Police Department on April 22, 2014 for a copy of [the] agencys current citizen complaint process, disciplinary process for sworn personnel, and your evidence lockup procedures.
Haskell Police Departments citizen complaint process is guided by state statute listed in Texas Government Code TITLE 6. Subchapter B (Complaint Against Law Enforcement Officer or Fire Fighter) Sec. 614.021-614.023. Disciplinary procedures are guided by the City of Haskell employee policy specifically section 6. I was unable to scan this document and send it electronically. This section has been mailed to the address provided in your last email along with a copy of this letter. Evidence lockup procedures in place for Haskell Police Department are contained within attached PDF document titled Property and Evidence Recognition Haskell.
Sincerely,
Scott Kennedy Chief of Police Haskell Police Department P.O. Box 1003 Haskell TX, 79521