how would one normally establish the distance of the crime scene
the scene should initially be identified as twice the distance from the center of the scene to the farthest known piece of evidence.
what is the primary duty of the first officer who arrives on scene of a crime
protection of the crime scene so that all evidence is preserved in its original state.
administrative evidence shall be maintained for a period of ________
5 years or the life of the investigative file - whichever is longer
evidence can be either _____ or ________
direct or circumstantial
what is direct evidence
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.
what is circumstantial evidence
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.
what is an inference
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
which holds a greater weight: direct or circumstantial evidence
Neither is entitled to any greater weight than the other.
what are the 3 types of evidence
Testimonial
Documentary
Physical
when shall plastic bags NOT be used to store evidence
Plastic bags shall not be used for packaging of blood stains, fingerprint evidence, living plant material, or other moist items;
should tape or staples be used to secure a paper bindle used to house small evidence
no
when should staples be used in securing an evidence container
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.
if an evidence bag needs to be opened, how should it be done
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.
n accordance with H&S, when can controlled substances be destroyed without a court order
large quantities in excess of 10 pounds
what is required on every evidence seal prior to booking the evidence
Prior to booking each sealed package, the booking officer shall place their initials, identification number, and date on the seal.
what must be given to someone when we take a firearm from them
when the Department takes custody of a firearm, a receipt describing the firearm shall be issued to the person who possessed the firearm.
what must be done with evidence/property recovered during a shift
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.
when does evidence have to be entered into AIS
Evidence/property shall be entered and received into the Area Information System (AIS) within two business days of seizure.
what type of bag should controlled substances be booked in
Controlled substances (except marijuana) and unknown substances shall be sealed in heat seal polyester bags.
how shall PCP be bagged
PCP shall be double bagged
where are drugs with a street value of $10K or more stored
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.
how are semi-automatic weapons booked into evidence
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.
how is ammunition packaged
Package ammunition separately from weapons using small envelopes.
does one remove ammunition from the magazine prior to booking
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.
what are the rules for booking syringes
- officers shall never recap needles that are, bent, broken, removed from disposable syringes, or otherwise manipulated by hand.
- Officers shall not remove the contents from a syringe.
how are knives packaged in order to prevent accidental injury
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
what should an officer do with bloody items prior to booking
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.
how is marijuana packaged
in a paper bag
if the Dept recovers marijuana plants, should they be removed from their housing container prior to booking
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.
how must money be counted
Money shall be counted by two employees, one of whom SHOULD be a supervisor.
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.
$1,000
what if an officer recovers $1,000 or more outside of normal business hours
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.
if currency is contaminated by a controlled substance or biohazard substance, is it still sent to FMS for processing
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
is currency that is badly damaged sent to FMS for processing
yes - Badly damaged currency shall also be forwarded to FMS. Do not commingle these items with non-contaminated currency.
what shall be done with evidence that needs to be fingerprinted
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.”
are weapons that are seized under the domestic violence laws considered evidence?
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.
how do you determine the NET weight of a found drug
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).
what should be used to describe jewelry
When describing jewelry, describe items by color and appearance only.
EX: yellow metal necklace and not gold necklace
what is the minimum retention period for administrative evidence during a citizens complaint or AA
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
what happens if there is not a supervisor or OIC to review the 36 prior to submitting the evidence
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.
does the evidence officer have the right to return a piece of booked evidence for corrections
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.
what mst the evidence officer do prior to returning stolen property to its rightful owner
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.
if found property is not claimed after ________ , the items can be purged
found property can be purged after holding for a minimum of 60 days.
how are controlled substances listed on the 36
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.
what must be done to Nik-Kit tests prior to disposal
After a drug test kit is used, employees shall utilize the acid neutralizer in a well ventilated area.
what is required of all serialized evidence and property
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
are conductive energy weapons seized by the Dept also entered into the AFS
yes
how often should evidence officers purge evidence
Evidence officers should purge evidence on a weekly basis. Daily purging is advisable in offices with a significant volume of evidence.
evidence officers shall check on the case status of misdemeanor/infraction cases after ______
The case status on misdemeanor/infraction evidence shall be checked after six months.
the evidence officer shall check the status of a felony case after
The case status on felony evidence shall be checked one year after booking and every year thereafter.
a routine MVARS video may be destroyed after _____
allows a routine video to be destroyed after one year
In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of ______ after the date of arrest.
90 days after the arrest
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
held indefinitely
how long is evidence held for Felony sexual offenses:
10 years
evidence for Offenses punishable by imprisonment for eight years or more is held for
6 years
evidence for Offenses punishable by imprisonment in state prison (all other felonies not included on prior card) is held for
3 years
Misdemeanors/infractions evidence is held for
1 year
how long is evidence held for Threshold Incidents
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
how long is MAIT evidence retained for
Multidisciplinary Accident Investigation Team (MAIT) evidence shall be retained for ten years.
Adjudicated case evidence must continue to be held until the period for appeals has expired as follows:
(1) Felonies: 90 days.
(2) Misdemeanors: 60 days.
(3) Juvenile cases: 90 days.
how long is evidence that is associated with a defendant who was granted diversion held for
If a defendant was granted diversion, the evidence must be held for the duration of the diversion period, unless otherwise directed by court order.
property can be released to its lawful owner IF
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.
what are examples of biohazard evidence
Examples of biohazard waste include bloody clothing, used needles, blood or urine samples, syringes, or any item containing bodily fluids.
how is biohazard waste disposed of
can only be incinerated how long are blood and urine samples maintained for
how long are blood and urine samples maintained for
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.
if a case involving blood or urine is adjudicated, can the blood/urine be disposed of before the one year mark
no - Early adjudication of the case DOES NOT relieve the Department of the legal requirement of the one year retention period.
can an X number be used to pay a biohazard disposal company
yes - it would be allowed
how does the Dept dispose of explosives
we dont! Turn over to allied agency, fire department, or a bomb disposal
unit for destruction.
unclaimed property is purged after _______
Unclaimed property where the owner is not known or there is no known party with proper interest shall be purged at 90-day intervals.
firearms are required to be held locally for ________
180 days
All property taken from a person, other than firearms, shall be held by the Department for a period of _____ prior to disposal,
90 days
can a found firearm or shotgun be given to the finder after 90 days
Found firearms and shotguns are never returned to the finder.
what happens to found property
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.
what about found property that is more than $250
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.
what is needed for someone other than the owner to pick up found property for the owner
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.
is the Dept required to preserve evidence for a civil case
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.
is a court order needed to return marijuana taken as property
no A court order of return is not needed for the release of marijuana stored as property.
is a court ordered needed for marijuana stored as evidence
yes - A court order of return is needed for the release of marijuana stored as evidence
what is required for the destruction of a controlled substance
A court order is required for the destruction of controlled substances, including items not used as evidence
what is also needed if the controlled substance was confiscated as the result of a warrant
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
what is the exception to the prior flashcard
The exception is usually used for controlled substance seizures at clandestine laboratories.
how often should Division coordinators schedule drug burns
Burns should be conducted at a minimum of twice per year.
drug burn shipments should be transported and accompanied by _____
All shipments will be escorted by two employees to ensure accountability. At least one of the employees shall be an officer.
who is required to witness the destruction of the controlled substances
An Area evidence supervisor will witness the destruction with the evidence coordinator.
what else can be destroyed with the drugs at the drug burn
drug paraphernalia and biohazard waste (bloody clothing, blood samples, etc.) may also be burned at the time of the drug burn.
what is the preferred method of payment for a drug burn
the X number process
what is the max amount that can be used on the X number for a burn
$4,999.99
what happens if the drug burn costs exceeds $4,999.99
the command will contact CSU in order to implement a contract
true / false : weapons shall be removed from the AFS prior to disposal and destruction
true
is any weapon used in the commission of a felony or misdemeanor considered a nuisance weapon, and destroyed as one?
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
what is the exception to the previous card
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.
what is needed to return a nuisance weapon to a lawful owner
a court order for release is required for weapons that meet the definition of a nuisance.
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.
true
what is the last thing an evidence officer is required to do before releasing a firearm to a lawful owner
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
can BB guns be released to a minor
a BB device shall not be released to any minor without express or implied permission of the parent or legal guardian of the minor.
who is allowed to attempt to restore the serial numbers of a weapon
All restoration of serial numbers shall be preformed by the Academy Weapons Control Unit (WCU)
how long are weapons seized in a DV incident required to be held
Weapons seized in domestic violence incidents, shall be held at least 48 hours
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 ____________
.
can stun guns be returned to a finder?
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.
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
The Department has ten days to appeal the court order, with supervisor’s approval
can loaded weapons be shipped to the Academy for destruction
no - loaded weapons SHALL be hand carried to the Academy
what other items can be destroyed by the Academy weapons unit
The Academy WCU also destroys other items of evidence, e.g., knives, clubs, ammunition, brass knuckles, stun guns, fireworks.
will the academy WCU accept drug paraphernalia for destruction
no - No drugs or drug paraphernalia will be accepted by the Academy WCU.
how is ammunition that is being sent back to the Academy for destruction packaged
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.
where do Division and HQ commands house their evidence
Division and headquarters commands shall either have their own evidence facility or use an Area to handle their evidence and property
what is the definition of an inventory
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
how often are inspections on the evidence system conducted
The evidence supervisor shall conduct quarterly inspections of the property system
are packages opened during an inspection to verify the contents
no - During an inspection, packages shall not be opened to verify the contents.
during an inspection, an emphasis is placed on what three items
Active property items will be inspected with an emphasis placed on drugs, firearms, and money.
what amount of items shall be inspected during an inspection
At least ten percent of the items, with a minimum of ten items, from the property system shall be inspected.
what happens if discrepancies are found during the inspection
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.
evidence/properties will be subcategorized into five areas. what are the 5 subcategories
a) Drugs
b) Firearms
c) Money
d) Other
e) Purged Items
when is unclaimed property disposed of
unclaimed personal property is disposed of after 90 days.
how many keys to the evidence room are allowed
2; one key in the possession of each evidence officer and one in a sealed envelope in the commander’s office.
how are inspection results communicated to the Area from the evidence supervisor
Evidence supervisors shall document inspections on a memorandum to the Area.
how long are inspection memos maintained at the Area
Inspection memorandums shall be filed at the Area office and retained for two years from the date of the inspection.
how often are commanders required to conduct unannounced inspections
The Area commander or designee shall conduct at least one unscheduled (unannounced) inspection of the property room per calendar year.
during the unannounced inspection, how much property shall be inspected
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.
can an inspection at the request of OIG be counted towards the quarterly inspection
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
how often are inventories conducted
Inventories shall be conducted annually to ensure the integrity of the system and shall include all items which have been bar coded.
are 100% of MVARS required to be inventoried during the annual inventory
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.
outside of the annual inventory, when are inventories required
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.
upon the change of evidence officer, who is required to perform the evidence inventory
Inventories conducted upon a change of evidence officer should be conducted by the former evidence officer, the new evidence officer, and the evidence supervisor.
what is the max number of evidence room keys that can be made
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.
how many sets of copies can be made for the TEMPORARY holding lockers
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.
how does the evidence officer secure the commanders set of evidence keys
The evidence officer shall seal the envelope with evidence tape, then date and initial the seal
true or false: Whenever a change of evidence officer occurs, the locks to the property room shall be changed.
true
if the Area has a drop safe, how many people are allowed to have the combo (according to the SAM manual)
“ . . . The combination will be known to as few persons as possible consistent with operating requirements and the value of the cash or documents safeguarded.”
an evidence officer is required to have how much field time experience
at least ONE year field time experience
how long can something be left in a temporary holding locker
24 hours - Properties shall not be left in temporary lockers more than one day, excluding weekends and holidays.
what is required if a package containing controlled substance returns from the lab and it appears the package was tampered with or opened
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.
can a crime lab remove contents from a syringe for testing
The BFS Criminalistics Laboratories will not remove the contents from a syringe for testing.
are Bureau of Forensic Services Special Agents normally assigned to hit and run or other traffic collision investigations
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.
are officers required to secure information or preserve evidence for civil litigation when officers have come to the aid of injured or stranded motorists
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
what is required for ALL vehicles seized as evidence
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.
how long does an evidence officer have to notify the DA that a vehicle has been stored for evidence
the evidence officer shall provide notification to the local district or city attorney within 72 hours of vehicle impoundment
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.
true
are costs associated with scene clean-up and fuel costs charged to the Dept in an evidence tow
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.
when are invoices for vehicle evidence storages required to be sent to division
Area commanders shall ensure that invoices are submitted to Division for review and approval within three (3) business days of the initial receipt
can an MVARS coordinator be a non-uniformed person
no - . The MVARS coordinator and back-up coordinator shall be uniformed employees
what color sleeve shall MVARS DVDs be placed in
red colored sleeves
if MVARS DVDs are stored outside the evidence room, what extra security measure shall be taken
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.
At a minimum, what shall be recorded on the MVARS DVD prior to shift deployment
At a minimum, the date, shift, patrol vehicle number (P/V #), and officer identification number (ID) shall be completed.
who can retrieve MVARS DVDs from the temporary storage lockers
Only coordinators, supervisors, or managers shall retrieve the MVARS DVDs from the temporary evidence locker.
can residence post and K9 MVARS DVDs be retained in the patrol vehicle until the MVARS DVD has neared its recording capacity
yes - MVARS DVDs may be retained in the patrol vehicle until the MVARS DVD has neared its recording capacity
what would be an example of when a DVD cannot be released due to a 3rd party information of officer safety tactics
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.
if the DVD contains info exempt from disclosure, what shall the command notify the requestor to do
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.
can a copy of a MVARS DVD be made for a traffic violator
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,
are parties who are part of a civil suit allowed access to a MVARS DVD
Parties in a civil case are generally entitled to the DVD.
ultimately, what is needed if the DVD contains 3rd party information
Proposed Protective Order (PPO)
True/False: If a MVARS DVD cannot be copied, the original can be temporarily released to the requestor
false ; If the MVARS coordinator is unable to duplicate a DVD, the original shall not be released to the requestor
what shall be done if the DVD cannot be copied
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.
is an annual or change-of-command inventory required for MVARS
An annual or a change of command inventory of MVARS DVDs will not be required due to the high volume of DVDs.
are quarterly inspections required for MVARS
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.
in addition to the quarterly inspection, what else is the evidence supervisor required to do
Additionally, the evidence supervisor should check one DVD per month to ensure it plays properly and the recording is free from degradation.
how are the quarterly inspections documented
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.
ALL MVARS DVDs shall be maintained for a minimum of ______
one year
MVARS used for administrative purposes shall be retained for _______
5 years (admin evidence)
how long are MVARS showing footage of consent searches not resulting in a 202/216 required to be kept
3 years
how long are MVARS taping threshold incidents required to be kept
10 years
how long are MVARS detailing misdemeanors and felonies required to be kept
Minimum one year or until adjudicated, which ever is longer
how long are MVARS detailing Footage of a traffic collision kept
Forty eight months, or the life of the collision report, which ever is longer