SECTION: 704 EVIDENCE

SECTION: 704

TITLE:     EVIDENCE

EFFECTIVE DATE:  February 15, 2017

 

 

PURPOSE

 

This order establishes guidelines for the handling of evidence.

 

POLICY

 

It shall be the policy of the Department to ensure the quality and integrity of evidence collection and preservation in order to secure the successful prosecution of criminal incidents. It shall further ensure the proper retention and storage of seized, found or recovered property.

 

PROCEDURE

 

COLLECTION OF EVIDENCE

 

1. Any deputy collecting evidence shall maintain custody of evidence until it is booked into the evidence locker.

 

2. Evidence recovered at a crime scene, when practical, shall be properly processed (dusted for finger prints, photographs, etc.) before being moved

 

3. Deputies shall make detailed notes of location of all evidence. This information shall be included in the offense report.

 

4. Since it is difficult to collect evidence after a crime scene has been left unattended, everything that may be considered evidence shall be collected. In the case of misdemeanor crimes, (I.e., theft by shoplifting), it is left to the discretion of the investigating deputy as to the collection of evidence for booking procedure. When applicable, property shall be photographed and released to the owner / business.

 

5. Evidence collected that may be a biohazard (blood borne clothes, pieces of evidence with bodily fluids, DNA swabs) should be allowed to dry before being placed in an evidence bag. This is both for biohazard reasons and analysis procedure for the Acadiana Criminalistic Laboratory.

 

6. Evidence from a known source to be used for comparison purposes will be collected whenever available. Known sources are items such as paint scrapings from a known vehicle, hair, blood, shoes, clothing, etc. from a known suspect; and glass, wood, soil, fabric, etc. from incident scenes. The assigned deputy or detective shall be responsible for collecting such evidence and obtaining permission to search or a search warrant.

 

7. Rape Kits and / or blood kits, when completed, shall be refrigerated at the Department. Proper forms shall be submitted with kit, and placed in the proper folder for paperwork.

 

8. Deputies shall maintain all necessary material for collection of evidence in their assigned unit.

 

9. Maintained within the patrol room of the Department will be the following items: evidence bags and plastic bags for collection of evidence and evidence tape for sealing and preserving evidence.

 

10. Digital cameras have been provided have been assigned to the shift commanders of each patrol shift, as well as all investigators.

 

11. When currency is confiscated as evidence, a "Currency Record" shall be completed by the deputy receiving evidence. The currency shall be verified for accuracy by another deputy, prior to being booked into evidence. The evidence custodian shall also count the currency for accuracy prior to logging it into evidence.

 

EVIDENCE FORM

 

1. Deputies collecting physical evidence shall complete an evidence form.

 

2. Evidence form copies shall be distributed as such:

 

    *White copy - kept with case file

    *Yellow copy - submitted with evidence

    *Pink copy - given to defendant

    *Gold copy - submitted with evidence

 

3. The evidence form shall list all items collected and shall give a complete description of all items collected, including make, model, serial number, etc.... All information, clearly printed, on the evidence form shall be filled out, when applicable.

 

4. The evidence form shall indicate each time a transfer of custody of the evidence occurs and will include:

 

     *Date and time of transfer

     *Items of evidence which were transferred

     *Receiving person's signature and badge number.

 

5. If the physical evidence is to be transferred and analyzed by the crime lab, the appropriate crime lab report shall be completed and submitted with the evidence.

 

6. Latent print analysis requests shall be forwarded with the case file directly to the Criminal Investigation Division. Once the Criminal Investigation Division receives the latent print for analysis, it shall become the responsibility of the assigned investigator to forward the print to the necessary persons / lab for processing.

 

RELEASE OF PROPERTY

 

1. Evidence in any pending criminal trial will be held until released in writing by the prosecuting authority having jurisdiction over the case.

 

2. Property not needed as evidence in any pending criminal trial will be disposed of according to the procedures of Louisiana Code of Criminal Procedure Article 571 - 573. Where ownership is obvious, the property shall be returned to the owner once it has been photographed and proper documentation has been completed.

 

3. All cash taken into will be deposited into a special fund at a local bank under the title of "Evangeline Parish Sheriff's Department Evidence Account". Any request for the return of money collected as evidence shall be directed to the custodian of evidence. It shall be the responsibility of the evidence custodian to return funds as deemed by the prosecuting authority.

 

4. Narcotics evidence that is no longer needed for court will be disposed of by burning at an approved site. The evidence custodian shall maintain a record of all destroyed property and the evidence form shall reflect the destruction.

 

LOST & FOUND PROPERTY

 

1. Any property discovered by a deputy or submitted to the Department as being lost and found items, shall be entered as would any piece of evidence.

 

2. With regards to lost or found items, the evidence form shall be documented in the "charge" section that the items are lost and found.

 

3. Lost and found items shall be place in evidence for a period of 30, days, after which the items will be disposed of according to proper procedure.

 

4. Records of all lost and found items disposed of shall be noted on the evidence report form which was originally submitted with the property.

 

5. Switched license plates are not considered found property and shall be booked into evidence as recovered property of a criminal offense or traffic violation. Thus switched license plates are not forwarded to the Department of Motor Vehicles.

 

 

MONIES FOR SEIZURE

 

1. When monetary amounts are requested for seizure, the filing of the seizure form shall be completed within 48 hours of the actual recovery of the money. Thus, these funds will be deposited into the District Attorney's Seizure Fund as required by law.

 

SUPERVISOR RESPONSIBILITY

 

With the limited space for evidence storage, it is the duty of every deputy to collect evidence according to need. Misdemeanor cases shall be photographed and released to victims unless the victim is not available to receive their property. Felony cases shall be collected and booked based on the need for preservation to aid in the prosecution of crimes offenses. Items which can be released to an owner, that does not affect the criminal case, shall be photographed and released.

 

Supervisors / senior deputies shall review the all evidence forms and initial the top left corner of the evidence form for approval of review, prior to any evidence being booked into the evidence locker.