70.1 - Evidence Manual Flashcards Preview

From Flashcardlet > 70.1 - Evidence Manual > Flashcards

Flashcards in 70.1 - Evidence Manual Deck (162)
Loading flashcards...
0
Q

how would one normally establish the distance of the crime scene

A

the scene should initially be identified as twice the distance from the center of the scene to the farthest known piece of evidence.

1
Q

what is the primary duty of the first officer who arrives on scene of a crime

A

protection of the crime scene so that all evidence is preserved in its original state.

2
Q

administrative evidence shall be maintained for a period of ________

A

5 years or the life of the investigative file - whichever is longer

3
Q

evidence can be either _____ or ________

A

direct or circumstantial

4
Q

what is direct evidence

A

Direct evidence is evidence that directly proves a fact, without the necessity of an inference. It is evidence that by itself, if found to be true, establishes that fact.

5
Q

what is circumstantial evidence

A

Circumstantial evidence is evidence that, if found to be true, proves a fact from which an inference of the existence of another fact may be drawn.

An example of circumstantial evidence would be a witness hearing a gunshot and seeing the subject flee from the location.

6
Q

what is an inference

A

An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts established by the evidence

7
Q

which holds a greater weight: direct or circumstantial evidence

A

Neither is entitled to any greater weight than the other.

8
Q

what are the 3 types of evidence

A

Testimonial
Documentary
Physical

9
Q

when shall plastic bags NOT be used to store evidence

A

Plastic bags shall not be used for packaging of blood stains, fingerprint evidence, living plant material, or other moist items;

10
Q

should tape or staples be used to secure a paper bindle used to house small evidence

A

no

11
Q

when should staples be used in securing an evidence container

A

never - Staples should not be used to seal evidence in any type of container. Staples make opening the container difficult and they also leave small holes that can allow evidence to leak out.

12
Q

if an evidence bag needs to be opened, how should it be done

A

If the container is opened, it shall be opened in a manner that does not destroy the original seal or the label.

For example, in the case of an evidence bag, the bottom of the bag would be cut open to remove the contents. This would preserve the seal at the top of the bag and the label.

13
Q

n accordance with H&S, when can controlled substances be destroyed without a court order

A

large quantities in excess of 10 pounds

14
Q

what is required on every evidence seal prior to booking the evidence

A

Prior to booking each sealed package, the booking officer shall place their initials, identification number, and date on the seal.

15
Q

what must be given to someone when we take a firearm from them

A

when the Department takes custody of a firearm, a receipt describing the firearm shall be issued to the person who possessed the firearm.

16
Q

what must be done with evidence/property recovered during a shift

A

Employees shall place all evidence and property in the evidence/property designated temporary locker prior to the end of their work shift. Employees shall not store evidence or property in a personnel locker or any other location.

17
Q

when does evidence have to be entered into AIS

A

Evidence/property shall be entered and received into the Area Information System (AIS) within two business days of seizure.

18
Q

what type of bag should controlled substances be booked in

A

Controlled substances (except marijuana) and unknown substances shall be sealed in heat seal polyester bags.

19
Q

how shall PCP be bagged

A

PCP shall be double bagged

20
Q

where are drugs with a street value of $10K or more stored

A

Drugs with a street value of $10,000 or greater shall not be stored in an evidence locker (including pass-through cabinets). Such items, shall be secured inside the evidence room, a secured safe, or an allied agency evidence room.

21
Q

how are semi-automatic weapons booked into evidence

A

All semiautomatic firearms shall be submitted with the magazine removed, the safety on, and the slide in the open position and blocked to prevent accidental closure.

22
Q

how is ammunition packaged

A

Package ammunition separately from weapons using small envelopes.

23
Q

does one remove ammunition from the magazine prior to booking

A

no - The ammunition magazine shall not be unloaded for firearms being submitted for forensic testing.

If a round was chambered, submit the round together with the magazine, but in a separate paper envelope.

24
Q

what are the rules for booking syringes

A
  1. officers shall never recap needles that are, bent, broken, removed from disposable syringes, or otherwise manipulated by hand.
  2. Officers shall not remove the contents from a syringe.
25
Q

how are knives packaged in order to prevent accidental injury

A

Knives with fixed, open blades must have the blade covered with a protective shield.

The cardboard backing from a pad of forms will suffice; however, to prevent injuries, properly secure the cardboard to the knife

26
Q

what should an officer do with bloody items prior to booking

A

Bloody items should be dried in a blood dryer with a hepa-filter or outside ventilation, prior to being packaged. If the Area has no access to blood dryers, first air dry the items outside the building in a secure and contamination-free area. After drying, package in paper.

27
Q

how is marijuana packaged

A

in a paper bag

28
Q

if the Dept recovers marijuana plants, should they be removed from their housing container prior to booking

A

In cases where the Department confiscates live marijuana plants, the plants shall not be removed from the soil or container. Potted plants should be stored in paper bags, cardboard container, or wrapped in paper material.

29
Q

how must money be counted

A

Money shall be counted by two employees, one of whom SHOULD be a supervisor.

30
Q

Money in excess of $________ seized as evidence or for safe keeping, shall not be stored in an evidence locker/cabinet (including pass-through cabinets). Such items shall be secured inside the evidence room, a secure safe, an allied agency evidence room, or a safety deposit box (cash only) at a financial institution.

A

$1,000

31
Q

what if an officer recovers $1,000 or more outside of normal business hours

A

SHALL not be booked in temporary holding locker. Outside of normal business hours, Area evidence officer, alternate, or commander be notified and respond to the Area office to secure and process these items.

32
Q

if currency is contaminated by a controlled substance or biohazard substance, is it still sent to FMS for processing

A

yes - Currency that is contaminated with hazardous materials such as a controlled substance or mold, shall be forwarded to FMS. It shall be double- bagged and marked as hazardous prior to sending to FMS

33
Q

is currency that is badly damaged sent to FMS for processing

A

yes - Badly damaged currency shall also be forwarded to FMS. Do not commingle these items with non-contaminated currency.

34
Q

what shall be done with evidence that needs to be fingerprinted

A

If an item will need to be fingerprinted, packaging in plastic may destroy the prints. Such items should be packaged in paper, a cardboard box, or left unwrapped. Clearly mark the evidence with a tag or write on the outside of the package, “HOLD FOR PRINTS.”

35
Q

are weapons that are seized under the domestic violence laws considered evidence?

A

no - Such weapons are not evidence; they are held only to reduce the threat of violence.

**Weapons used in an assault at a family violence incident, however, would be classified as evidence.

36
Q

how do you determine the NET weight of a found drug

A

The arresting/investigating officer shall weigh all seized drugs to determine the net weight as found. Do not remove the drug from the container in which it was found (e.g., paper bindle, vial, film canister, plastic bag).

37
Q

what should be used to describe jewelry

A

When describing jewelry, describe items by color and appearance only.

EX: yellow metal necklace and not gold necklace

38
Q

what is the minimum retention period for administrative evidence during a citizens complaint or AA

A

If the item pertains to either a citizens’ complaint or an administrative investigation involving a Department employee, it shall be retained for a minimum of five years

39
Q

what happens if there is not a supervisor or OIC to review the 36 prior to submitting the evidence

A

If a supervisor or OIC is not available at the time of submission, the evidence or property may be submitted without their review. If a CHP 36 is submitted without supervisor or OIC review, the evidence officer shall ensure a supervisor reviews and signs the CHP 36 before the item is accepted into the evidence system.

40
Q

does the evidence officer have the right to return a piece of booked evidence for corrections

A

The evidence officer does have the right to return evidence or property to the booking employee for incorrect packaging, incorrect documentation, and/or missing information. If this is the case, the evidence officer shall complete the chain of possession.

41
Q

what mst the evidence officer do prior to returning stolen property to its rightful owner

A

When the evidence officer returns recovered stolen property to the lawful owner, the owner must sign the declaration of ownership located on the bottom half of the chain of possession page. Item(s) being released shall be photographed prior to release.

42
Q

if found property is not claimed after ________ , the items can be purged

A

found property can be purged after holding for a minimum of 60 days.

43
Q

how are controlled substances listed on the 36

A

The material shall be listed on the CHP 36, as unknown white powder, unknown yellow powder, white pills, brown liquid, etc.
**After laboratory analysis, the substances should be accompanied by the laboratory report containing the completed analysis.

44
Q

what must be done to Nik-Kit tests prior to disposal

A

After a drug test kit is used, employees shall utilize the acid neutralizer in a well ventilated area.

45
Q

what is required of all serialized evidence and property

A

all serialized evidence and property be entered into the California Department of Justice (DOJ) Automated Property System (APS) or Automated Firearms System (AFS) as appropriate

46
Q

are conductive energy weapons seized by the Dept also entered into the AFS

A

yes

47
Q

how often should evidence officers purge evidence

A

Evidence officers should purge evidence on a weekly basis. Daily purging is advisable in offices with a significant volume of evidence.

48
Q

evidence officers shall check on the case status of misdemeanor/infraction cases after ______

A

The case status on misdemeanor/infraction evidence shall be checked after six months.

49
Q

the evidence officer shall check the status of a felony case after

A

The case status on felony evidence shall be checked one year after booking and every year thereafter.

50
Q

a routine MVARS video may be destroyed after _____

A

allows a routine video to be destroyed after one year

51
Q

In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of ______ after the date of arrest.

A

90 days after the arrest

52
Q

how long is evidence held for Offenses punishable by death or life imprisonment; or which involve the embezzlement of public money or falsification of public documents

A

held indefinitely

53
Q

how long is evidence held for Felony sexual offenses:

A

10 years

54
Q

evidence for Offenses punishable by imprisonment for eight years or more is held for

A

6 years

55
Q

evidence for Offenses punishable by imprisonment in state prison (all other felonies not included on prior card) is held for

A

3 years

56
Q

Misdemeanors/infractions evidence is held for

A

1 year

57
Q

how long is evidence held for Threshold Incidents

A

All evidence retained from threshold incidents (e.g., on-duty officer death, shooting, on-duty traffic collisions, conductive energy weapon deployments) and incidents which may result in litigation against the Department, shall be held at the Area for at least ten years

58
Q

how long is MAIT evidence retained for

A

Multidisciplinary Accident Investigation Team (MAIT) evidence shall be retained for ten years.

59
Q

Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:

A

(1) Felonies: 90 days.
(2) Misdemeanors: 60 days.
(3) Juvenile cases: 90 days.

60
Q

how long is evidence that is associated with a defendant who was granted diversion held for

A

If a defendant was granted diversion, the evidence must be held for the duration of the diversion period, unless otherwise directed by court order.

61
Q

property can be released to its lawful owner IF

A

Property may be released to the owner if it is not contraband (items that are illegal to possess), and if it was not used in commission of the crime. For example, burglary tools, slide hammers, and drug scales would not be returned.

62
Q

what are examples of biohazard evidence

A

Examples of biohazard waste include bloody clothing, used needles, blood or urine samples, syringes, or any item containing bodily fluids.

63
Q

how is biohazard waste disposed of

A

can only be incinerated how long are blood and urine samples maintained for

64
Q

how long are blood and urine samples maintained for

A

Blood and urine samples are required to be retained for a period of one year to allow the defendant an opportunity to have their own test conducted.

65
Q

if a case involving blood or urine is adjudicated, can the blood/urine be disposed of before the one year mark

A

no - Early adjudication of the case DOES NOT relieve the Department of the legal requirement of the one year retention period.

66
Q

can an X number be used to pay a biohazard disposal company

A

yes - it would be allowed

67
Q

how does the Dept dispose of explosives

A

we dont! Turn over to allied agency, fire department, or a bomb disposal
unit for destruction.

68
Q

unclaimed property is purged after _______

A

Unclaimed property where the owner is not known or there is no known party with proper interest shall be purged at 90-day intervals.

69
Q

firearms are required to be held locally for ________

A

180 days

70
Q

All property taken from a person, other than firearms, shall be held by the Department for a period of _____ prior to disposal,

A

90 days

71
Q

can a found firearm or shotgun be given to the finder after 90 days

A

Found firearms and shotguns are never returned to the finder.

72
Q

what happens to found property

A

If the value of the property is less than $250 and, after 90 days no one has claimed ownership, it may be given to the finder.

73
Q

what about found property that is more than $250

A

Evidence officer puts in local newspaper of general circulation for one day. If not claimed after 7 days, it shall be given to Finder after payment for advertising cost is paid.

74
Q

what is needed for someone other than the owner to pick up found property for the owner

A

If someone is picking up property on behalf of the owner, a notarized letter from the owner, giving that individual permission to pick up the property, is required.

75
Q

is the Dept required to preserve evidence for a civil case

A

the Department is under no obligation to preserve evidence for civil suits.

Exceptions to this rule would be a court order or a gratuitous promise, e.g., an employee promises or implies that evidence will be held for civil litigation.

76
Q

is a court order needed to return marijuana taken as property

A

no A court order of return is not needed for the release of marijuana stored as property.

77
Q

is a court ordered needed for marijuana stored as evidence

A

yes - A court order of return is needed for the release of marijuana stored as evidence

78
Q

what is required for the destruction of a controlled substance

A

A court order is required for the destruction of controlled substances, including items not used as evidence

79
Q

what is also needed if the controlled substance was confiscated as the result of a warrant

A

If controlled substances and/or paraphernalia were obtained in connection with a search warrant, a separate court order for each case must be obtained for disposal

80
Q

what is the exception to the prior flashcard

A

The exception is usually used for controlled substance seizures at clandestine laboratories.

81
Q

how often should Division coordinators schedule drug burns

A

Burns should be conducted at a minimum of twice per year.

82
Q

drug burn shipments should be transported and accompanied by _____

A

All shipments will be escorted by two employees to ensure accountability. At least one of the employees shall be an officer.

83
Q

who is required to witness the destruction of the controlled substances

A

An Area evidence supervisor will witness the destruction with the evidence coordinator.

84
Q

what else can be destroyed with the drugs at the drug burn

A

drug paraphernalia and biohazard waste (bloody clothing, blood samples, etc.) may also be burned at the time of the drug burn.

85
Q

what is the preferred method of payment for a drug burn

A

the X number process

86
Q

what is the max amount that can be used on the X number for a burn

A

$4,999.99

87
Q

what happens if the drug burn costs exceeds $4,999.99

A

the command will contact CSU in order to implement a contract

88
Q

true / false : weapons shall be removed from the AFS prior to disposal and destruction

A

true

89
Q

is any weapon used in the commission of a felony or misdemeanor considered a nuisance weapon, and destroyed as one?

A

yes - Weapons that meet the definition of a nuisance shall not be released. They are to be destroyed, including any weapon used in the commission of a felony or misdemeanor

90
Q

what is the exception to the previous card

A

if any weapon has been stolen and then is later recovered from the thief or his transferee, or is used in such a manner as to constitute a nuisance without the prior knowledge of its lawful owner that it would be so used, the weapon shall be returned to the lawful owner as soon as it is no longer needed for evidence.

91
Q

what is needed to return a nuisance weapon to a lawful owner

A

a court order for release is required for weapons that meet the definition of a nuisance.

92
Q

true or false: the Department is not required to retain a firearm for more than 180 days after the owner has been notified by the court or the Department that the firearm has been made available for release.

A

true

93
Q

what is the last thing an evidence officer is required to do before releasing a firearm to a lawful owner

A

Prior to the release of any firearm, the evidence officer shall ensure a criminal history check is performed on the individual who is seeking the release of the firearm

94
Q

can BB guns be released to a minor

A

a BB device shall not be released to any minor without express or implied permission of the parent or legal guardian of the minor.

95
Q

who is allowed to attempt to restore the serial numbers of a weapon

A

All restoration of serial numbers shall be preformed by the Academy Weapons Control Unit (WCU)

96
Q

how long are weapons seized in a DV incident required to be held

A

Weapons seized in domestic violence incidents, shall be held at least 48 hours

97
Q

Except in cases where the Department believes the return of the firearm would likely endanger the victim or person reporting the assault or threat, the firearm shall be made available to the lawful owner within ____________

A

.

98
Q

can stun guns be returned to a finder?

A

Found firearms and stun guns shall not be returned to the finder. If the lawful owner is not located or if the property is unclaimed after 180 days, it shall be forwarded to the WCU at the Academy.

99
Q

if the Dept feels that a court order requiring the release of a weapon might be a danger, how long do we have to petition the court order

A

The Department has ten days to appeal the court order, with supervisor’s approval

100
Q

can loaded weapons be shipped to the Academy for destruction

A

no - loaded weapons SHALL be hand carried to the Academy

101
Q

what other items can be destroyed by the Academy weapons unit

A

The Academy WCU also destroys other items of evidence, e.g., knives, clubs, ammunition, brass knuckles, stun guns, fireworks.

102
Q

will the academy WCU accept drug paraphernalia for destruction

A

no - No drugs or drug paraphernalia will be accepted by the Academy WCU.

103
Q

how is ammunition that is being sent back to the Academy for destruction packaged

A

Package ammunition separately by type/caliber preferably in a plastic bag or manila envelope. Ammunition shall not be transported in the same box as firearms.

104
Q

where do Division and HQ commands house their evidence

A

Division and headquarters commands shall either have their own evidence facility or use an Area to handle their evidence and property

105
Q

what is the definition of an inventory

A

An inventory is an itemized report of all items in possession. An inventory shall include one hundred percent of the items in the evidence system

106
Q

how often are inspections on the evidence system conducted

A

The evidence supervisor shall conduct quarterly inspections of the property system

107
Q

are packages opened during an inspection to verify the contents

A

no - During an inspection, packages shall not be opened to verify the contents.

108
Q

during an inspection, an emphasis is placed on what three items

A

Active property items will be inspected with an emphasis placed on drugs, firearms, and money.

109
Q

what amount of items shall be inspected during an inspection

A

At least ten percent of the items, with a minimum of ten items, from the property system shall be inspected.

110
Q

what happens if discrepancies are found during the inspection

A

If discrepancies are revealed, an additional ten percent of the items, or at least ten additional items, shall be inspected.

**If further discrepancies are revealed, the entire property system shall be inspected to ensure compliance with policy and legal statutes.

111
Q

evidence/properties will be subcategorized into five areas. what are the 5 subcategories

A

a) Drugs
b) Firearms
c) Money
d) Other
e) Purged Items

112
Q

when is unclaimed property disposed of

A

unclaimed personal property is disposed of after 90 days.

113
Q

how many keys to the evidence room are allowed

A

2; one key in the possession of each evidence officer and one in a sealed envelope in the commander’s office.

114
Q

how are inspection results communicated to the Area from the evidence supervisor

A

Evidence supervisors shall document inspections on a memorandum to the Area.

115
Q

how long are inspection memos maintained at the Area

A

Inspection memorandums shall be filed at the Area office and retained for two years from the date of the inspection.

116
Q

how often are commanders required to conduct unannounced inspections

A

The Area commander or designee shall conduct at least one unscheduled (unannounced) inspection of the property room per calendar year.

117
Q

during the unannounced inspection, how much property shall be inspected

A

At least ten percent of the items, with a minimum of ten items, shall be traced to assure they are accounted for and properly documented.

118
Q

can an inspection at the request of OIG be counted towards the quarterly inspection

A

Inspections completed at the request of the Office of Inspector General and/or management outside of the Area inspections or inventory schedule will serve to satisfy the quarterly inspection requirement

119
Q

how often are inventories conducted

A

Inventories shall be conducted annually to ensure the integrity of the system and shall include all items which have been bar coded.

120
Q

are 100% of MVARS required to be inventoried during the annual inventory

A

no- An annual inventory of Mobile Video/Audio Recording System (MVARS) digital versatile discs (DVD) will not be required due to the high volume of DVDs.

121
Q

outside of the annual inventory, when are inventories required

A

An inventory shall be conducted upon change of command, change of evidence officers, and any time there is doubt as to the integrity of the system.

122
Q

upon the change of evidence officer, who is required to perform the evidence inventory

A

Inventories conducted upon a change of evidence officer should be conducted by the former evidence officer, the new evidence officer, and the evidence supervisor.

123
Q

what is the max number of evidence room keys that can be made

A

The number of keys to the property room shall be limited to the number of evidence officers assigned to the command plus the commander’s emergency access key.

124
Q

how many sets of copies can be made for the TEMPORARY holding lockers

A

There shall be a maximum of two sets for the temporary storage lockers. One set of keys for the temporary storage lockers shall be assigned to the primary evidence officer.

125
Q

how does the evidence officer secure the commanders set of evidence keys

A

The evidence officer shall seal the envelope with evidence tape, then date and initial the seal

126
Q

true or false: Whenever a change of evidence officer occurs, the locks to the property room shall be changed.

A

true

127
Q

if the Area has a drop safe, how many people are allowed to have the combo (according to the SAM manual)

A

“ . . . The combination will be known to as few persons as possible consistent with operating requirements and the value of the cash or documents safeguarded.”

128
Q

an evidence officer is required to have how much field time experience

A

at least ONE year field time experience

129
Q

how long can something be left in a temporary holding locker

A

24 hours - Properties shall not be left in temporary lockers more than one day, excluding weekends and holidays.

130
Q

what is required if a package containing controlled substance returns from the lab and it appears the package was tampered with or opened

A

Any package containing controlled substances that appears to have been opened or otherwise tampered with after laboratory analysis, shall be returned to the laboratory to be analyzed again.

131
Q

can a crime lab remove contents from a syringe for testing

A

The BFS Criminalistics Laboratories will not remove the contents from a syringe for testing.

132
Q

are Bureau of Forensic Services Special Agents normally assigned to hit and run or other traffic collision investigations

A

no - Special agents of BFS are normally not assigned to hit and run or other traffic collision investigations, but are available for assistance on major investigations.

133
Q

are officers required to secure information or preserve evidence for civil litigation when officers have come to the aid of injured or stranded motorists

A

no - Officers have no affirmative duty to secure information or preserve evidence for civil litigation when officers have come to the aid of injured or stranded motorists

134
Q

what is required for ALL vehicles seized as evidence

A

A CHP 180 and a CHP 36 shall be completed for all vehicles seized as evidence. The evidence tow operator shall sign the CHP 180 and CHP 36.

**The chain of custody page shall be detached from the original CHP 36 and shall remain with the vehicle.

135
Q

how long does an evidence officer have to notify the DA that a vehicle has been stored for evidence

A

the evidence officer shall provide notification to the local district or city attorney within 72 hours of vehicle impoundment

136
Q

in reference to the previous card, True or False: Notification to the district or city attorney shall include if there was an in-custody arrest or no arrest made.

A

true

137
Q

are costs associated with scene clean-up and fuel costs charged to the Dept in an evidence tow

A

no - Area commanders shall ensure that the costs not associated with the towing, recovery, and storage (e.g., scene clean-up, fuel costs) are not included in the charges against the Department.

138
Q

when are invoices for vehicle evidence storages required to be sent to division

A

Area commanders shall ensure that invoices are submitted to Division for review and approval within three (3) business days of the initial receipt

139
Q

can an MVARS coordinator be a non-uniformed person

A

no - . The MVARS coordinator and back-up coordinator shall be uniformed employees

140
Q

what color sleeve shall MVARS DVDs be placed in

A

red colored sleeves

141
Q

if MVARS DVDs are stored outside the evidence room, what extra security measure shall be taken

A

If stored outside of the evidence room, it should be properly secured to the floor or wall. The coordinators and the commander shall be the only persons in possession of keys to the DVD cabinet.

142
Q

At a minimum, what shall be recorded on the MVARS DVD prior to shift deployment

A

At a minimum, the date, shift, patrol vehicle number (P/V #), and officer identification number (ID) shall be completed.

143
Q

who can retrieve MVARS DVDs from the temporary storage lockers

A

Only coordinators, supervisors, or managers shall retrieve the MVARS DVDs from the temporary evidence locker.

144
Q

can residence post and K9 MVARS DVDs be retained in the patrol vehicle until the MVARS DVD has neared its recording capacity

A

yes - MVARS DVDs may be retained in the patrol vehicle until the MVARS DVD has neared its recording capacity

145
Q

what would be an example of when a DVD cannot be released due to a 3rd party information of officer safety tactics

A

An example of private third-party information would be the name and date of birth of a person broadcasted on the CHP radio and is audible on a DVD. An example of an officer safety tactic that shall be protected from disclosure would be felony stop procedures being employed by officers.

146
Q

if the DVD contains info exempt from disclosure, what shall the command notify the requestor to do

A

Advise the defendant to go through the formal discovery process through the DA’s office if there are charges filed.

if NO charges have been filed, Also known as an “informal discovery,” this type of request shall be denied. The Area shall advise the party that a copy of a DVD cannot be released as the investigation is ongoing. A formal request may be made through the DA’s office when charges have been filed.

147
Q

can a copy of a MVARS DVD be made for a traffic violator

A

A copy of a DVD may be released to the defendant if the copy provided does not contain any private third-party information or officer safety issues.

**If private third-party information or officer safety issues are present on the DVD, Area should respond to the defendant’s request and advise that the DVD will be brought to court on the day of the hearing,

148
Q

are parties who are part of a civil suit allowed access to a MVARS DVD

A

Parties in a civil case are generally entitled to the DVD.

149
Q

ultimately, what is needed if the DVD contains 3rd party information

A

Proposed Protective Order (PPO)

150
Q

True/False: If a MVARS DVD cannot be copied, the original can be temporarily released to the requestor

A

false ; If the MVARS coordinator is unable to duplicate a DVD, the original shall not be released to the requestor

151
Q

what shall be done if the DVD cannot be copied

A

If the request is urgent and the DVD is playable, the requestor may schedule a time to view the requested event with the Area MVARS coordinator.

**Questions regarding the event will not be answered and the use of recording devices is prohibited.

152
Q

is an annual or change-of-command inventory required for MVARS

A

An annual or a change of command inventory of MVARS DVDs will not be required due to the high volume of DVDs.

153
Q

are quarterly inspections required for MVARS

A

The evidence supervisor shall conduct a quarterly inspection of the MVARS DVDs.

The evidence supervisor shall select ten percent of the CHP 36Ds for the quarter and verify each MVARS DVD corresponds with the appropriate CHP 36D, the DVDs and/or sleeves are properly marked, and are filed in sequential order.

154
Q

in addition to the quarterly inspection, what else is the evidence supervisor required to do

A

Additionally, the evidence supervisor should check one DVD per month to ensure it plays properly and the recording is free from degradation.

155
Q

how are the quarterly inspections documented

A

The quarterly inspection shall be documented via memorandum. The memorandum shall be filed at the Area office and retained for two years from the date of the inspection.

156
Q

ALL MVARS DVDs shall be maintained for a minimum of ______

A

one year

157
Q

MVARS used for administrative purposes shall be retained for _______

A

5 years (admin evidence)

158
Q

how long are MVARS showing footage of consent searches not resulting in a 202/216 required to be kept

A

3 years

159
Q

how long are MVARS taping threshold incidents required to be kept

A

10 years

160
Q

how long are MVARS detailing misdemeanors and felonies required to be kept

A

Minimum one year or until adjudicated, which ever is longer

161
Q

how long are MVARS detailing Footage of a traffic collision kept

A

Forty eight months, or the life of the collision report, which ever is longer

Decks in From Flashcardlet Class (49):