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Policy Provo City Department 802 Provo City PD Policy Manual

Property and

802.1 PURPOSE AND SCOPE This policy provides for the proper collection, storage and security of evidence and other . Additionally, this policy provides for the protection of the and those persons authorized to remove and/or destroy property.

802.2 DEFINITIONS Definitions related to this policy include: Cohabitant - A person who is 21 years of age or older, who resides in the same residence as another cohabitant (Utah Code 53-5c-102). Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints. Found Property - Includes property found by an employee or citizen that has no apparent evidentiary value, and where the owner cannot be readily identified or contacted. Owner cohabitant - A cohabitant who owns, in whole or in part, a firearm (Utah Code 53-5c-102). Property - Includes all items of evidence, items taken for safekeeping and found property. Safekeeping - Includes the following types of property: • Property obtained by the Department for safekeeping such as a firearm. • of an arrestee not taken as evidence. • Property taken for safekeeping under authority of a .

802.3 PROPERTY HANDLING Any employee who first comes into of any property, shall retain such property in his/ her possession until it is properly packaged, tagged and placed in a temporary evidence/property storage unit along with the proper property sheet. Care shall be taken to maintain the chain of custody for all evidence. Where can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The Property Form must be completed to document the release of property not booked and the owner shall sign the form acknowledging receipt of the item(s).

802.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off-duty unless otherwise approved by a supervisor. Employees booking property should observe the following guidelines:

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Property and Evidence

(a) Complete the property table in Spillman describing each item of property separately, listing all serial numbers, owner’s name, finder's name and other identifying information or markings. (b) Mark each item of evidence with the booking employee’s initials and the date booked using the appropriate method so as not to deface or damage the value of the property. (c) Complete an evidence/property tag and attach it to each package or envelope in which the property is stored. A copy of the Law Incident Table or property sheet shall be placed with the property in the temporary property locker or tunred in to the evidence room if property is stored somewhere other than a property locker.

802.3.2 NARCOTICS AND DANGEROUS DRUGS All narcotics and dangerous drugs shall be booked separately attaching a copy of the Law Incident Table. Paraphernalia as defined by Utah Code 58-37a-3 shall also be booked separately. The officer seizing the narcotics and dangerous drugs shall place them in the designated locker accompanied by a copy of the Law Incident Table or property sheet.

802.3.3 EXPLOSIVES Officers who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives. Explosives that are known or suspected to be armed or live, other than fixed ammunition should not be retained in the police facility. Potentially volatile fireworks will be released to a member of the EOD team for disposal or storage. Special exceptions will be handled on a case by case basis.

802.3.4 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner:

(a) Bodily fluids such as blood or semen stains shall be air dried prior to booking and should always be packaged in paper or cardboard. Bio-hazard tags will be placed on the package. (b) plates found not to be stolen or connected with a known should be released directly to the property and evidence technician or placed in the temporary evidence/property storage unit for return to the Utah Division of Motor Vehicles. No formal property booking process is required. (c) All bicycles and bicycle frames require a property report. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the

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Property and Evidence

property and evidence technician or placed in the bicycle storage area until a property and evidence technician can log it in. (d) All cash shall be counted in the presence of another officer and the envelope initialed by the booking officer and the officer. (e) Fragile items wil be secured in bubble wrap and then placed in the appropreate packaging before being submitted to evidence storage.

City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner.

802.3.5 FIREARMS SAFE HARBOR ACT Officers shall accept a firearm for safekeeping from any owner cohabitant who requests it, and who believes that another cohabitant is an immediate threat to him/herself, to the owner cohabitant or any other person (Utah Code 53-5c-201). The officer receiving the firearm shall: (a) Record the owner cohabitant’s name, address and telephone number. (b) Record the firearm’s serial number. (c) Record the date that the firearm was accepted for safekeeping. (d) Obtain a signed declaration that the owner cohabitant has an ownership interest in the firearm. The person committing the firearm shall not be asked or required to provide the name of, or any other information about, the cohabitant who poses the threat. The property and evidence technician shall hold a firearm accepted pursuant to this policy for an initial period of 60 days, renewable for an additional 60 days upon request of the owner cohabitant. At the expiration of this time or upon request by the owner cohabitant, the firearm shall be returned to the owner cohabitant or other person authorized by law. If the person who committed the firearm for safekeeping cannot be located, the Department shall, after one year, dispose of the firearm in accordance with Utah Code 24-3-103.5 (Utah Code 53-5c-202). If a firearm received under the Act is determined to be illegal to possess or to own, the property and evidence technician shall confiscate and book the firearm according to current procedures, notify the person who requested that the firearm be taken for safekeeping of its confiscation and dispose of the firearm in accordance with Utah Code 24-3-103.5 (Utah Code 53-5c-202). The property and evidence technician shall destroy any record created exclusively to document the safekeeping of the firearm within five days of releasing the firearm to the owner cohabitant or other authorized person, or of otherwise disposing of the firearm under the Utah Firearms Safe Harbor Act (Utah Code 53-5c-202).

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Property and Evidence

802.4 PACKAGING OF PROPERTY Certain items require special and shall be booked separately as follows: (a) Narcotics and dangerous drugs. (b) Firearms (ensure they are unloaded and booked separately from ammunition). (c) Property with more than one known owner. (d) Paraphernalia as described in Utah Code 58-37a-3. (e) Fireworks. (f) Contraband.

802.4.1 PACKAGING CONTAINER Employees shall package all property, except narcotics and dangerous drugs, in a suitable container available for its size. Knife boxes should be used to package knives, and syringe tubes should be used to package syringes and needles. A property tag shall be securely attached to the outside of all items or group of items packaged together.

802.4.2 PACKAGING NARCOTICS The officer seizing narcotics and dangerous drugs shall retain such property in their possession until it is properly weighed, packaged, tagged and placed in the designated evidence locker, accompanied by a copy of the Law Incident Table or property sheet. Prior to packaging, and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the officer's report. Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available in the report room. The booking officer shall initial and date the seal of the sealed baggie. Pills/ capsules shall be packaged separately from their containers with the proper count listed on the Property Report Form. Narcotics and dangerous drugs shall not be packaged with other property. A completed property tag shall be attached to the outside of the container.

802.4.3 PACKAGING OF FIREARMS All gun safety rules shall be followed in the handling, packaging, and submitting of firearms to evidence. All seized firearms will be rendered safe prior to packaging. If an officer is unfamiliar with the manner rendering a firearm safe, then the officer should seek the assistance of a member of the Firearms Training Staff. Ammunition shall be packaged separate from the firearm. Firearms and ammunition shall be properly packaged, tagged and placed in a temporary evidence/ property storage unit prior to the officer going off duty. The make, model, serial number, caliber and any othermarking should be clearly written on the outside of the sealed gun box.

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Property and Evidence

802.5 OF PROPERTY The property and evidence technician receiving custody of evidence or property shall record his/ her signature, the date and time the property was received and where the property will be stored in the evidence/property tracking system. A property number shall be obtained for each item or group of items. This number shall be recorded on the property. Any changes in the location of property held by the Provo City Police Department shall be noted in the evidence/property tracking system. Evidence/property requiring added security, to include money, precious metals, jewelry, gemstones, firearms, narcotics, and dangerous drugs shall be placed in a separate secure storage. Money will be counted by the evidence technician and evidence technician supervisor and deposited into a special bank account that is approved by the City Finance Department. Monies seized for forfeiture will be deposited in a separate bank account from other accounts. The only exception will be monies that are physically needed for proceedings.

802.6 PROPERTY CONTROL Each time the property and evidence technician receives property or releases property to another person, he/she shall enter this information in the evidence/property tracking system.Officers desiring property for court shall contact the property and evidence technician at least one day prior to the court date. Members of this agency who assume custody of evidence from the evidence room shall be responsible for ensuring its security, proper storage, and maintenance, and for the ready retrieval of such evidence upon demand. Controlled substances used for training or investigative purposes shall be secured in the evidence storage room. If controlled substances need to be checked out for training, it must be authorized by the Chief of Police. The person signing out the controlled substance, with the assistance of a evidence/property technician, must document the following information on a sign out sheet prior to removing the substance from the evidence room. 1. Name of the person signing out the substance. 2. The type of substance signed out. 3. Date the substance is signed out. 4. The weight of the substance or number of pills, if applicable, at the time the substance is signed out.

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Property and Evidence

After the training or investigation is completed, the of the substance is to be turned back in to the evidence/property technician with the current weight or number of the substance documented on the sign out sheet.

802.6.1 RESPONSIBILITY OF OTHER PERSONNEL Every time property is released or received, an appropriate entry shall be properly completed into the evidence/property tracking system to maintain the chain of custody. Request for analysis of evidence shall be emailed to the property and evidence technician. This request may be filled out any time after booking of the property or evidence.

802.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY The transporting employee will check the evidence out of property using the evidence/property tracking system. , indicating the date and time on the property control card and the request for laboratory analysis.

802.6.3 OF PROPERTY Each person receiving property will make the appropriate entry to document the chain of custody. Temporary release of property to officers for investigative purposes, or for court, shall be noted in the evidence tracking system, stating the date, time and to whom released. The evidence technicianshall obtain the signature of the person to whom property is released, and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to evidence storage or properly released to another authorized person or entity. The return of the property should be recorded in the evidence tracking system , indicating date, time and the person who returned the property.

802.6.4 RELEASE OF PROPERTY All reasonable shall be made to identify the rightful owner of found property or evidence not needed for an investigation. Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or case officer and must conform to the items listed on the Property Form or must specify the specific item(s) to be released. Release of all property shall be documented in the evidence tracking system. If property is to be released to someone other than the owner at the owner's request, then a notarized letter from the owner authorizing the release to a particular person is required. In cases involving firearms, both the owner and the person authorized to receive the gun must pass the criminal history background check. With the exception of firearms and other property specifically regulated by , found property and property held for safekeeping shall be held for a minimum of 90 days. During such period,

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Property and Evidence property personnel shall to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. If the owner of any unclaimed property cannot be determined or notified, or if the owner has been notified and fails to appear and claim the property, the agency shall (Utah Code 77-24a-5): (a) Publish at least one notice (giving a general description of the property and the date of intended disposition) of the intent to dispose of the unclaimed property in a newspaper of general circulation within the county. (b) Post a similar notice in a public place designated for notice within the agency. (c) Post a similar notice on the City public website of the Provo City Police Department. The final disposition of all such property shall be fully documented in the evidence/proeprty tracking system. A property and evidence technician shall release the property upon proper identification being presented by the owner for which an authorized release form has been received. A signature of the person receiving the property shall be recorded. After release of all property entered in the evidence/property tracking system, the case information shall be scanned into the SIRE system.

802.6.5 DISPUTED CLAIMS TO PROPERTY Occasionally more than one party may claim an interest in property being held by the Department, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property. All parties should be advised that their claims are civil and in extreme situations, legal for the Department may wish to file an interpleader to resolve the disputed claim.

802.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for 100 days or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing upon receipt of an authorized release for disposal. The property room supervisor shall request a disposition or status on all property which has been held in excess of 120 days and for which no disposition has been received from a supervisor. When no longer needed for evidentiary purposes, all evidence, with the exception of firearms, narcotics, dangerous drugs, and other contraband, shall be returned to its lawful owner unless to the evidence is transferred to this or other by court order. If the lawful owner fails to claim the evidence, the agency may, as permitted under state law, 1. Destroy it. 2. Dispose of it by public auction. 3. Retain it for use by the .

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Property and Evidence

Firearms and other non-drug contraband shall be physically destroyed unless, Court order authorizes use of the item by this agency: orthe firearm is required by state law to be returned to its lawful owner. Every effort must be made to ensure the person receiving the firearm or other weapon is not prohibited from possession. Before the return of any ammunition or deadly weapon to an owner, the releasing officer and the evidence/property technician will utilize both the local and national databases to ensure that there are no active court orders or other legal constraints that prohibit the owner form possessing a deadly weapon. In cases where a firearm and ammunition are to be released to an owner, ammunition will not be released at the same time to ensure the safety of all individuals involved in the release. If the weapon is being released to an individual other than the registered owner, the officer or evidence/property technician shall have the serial number of the weapon run through NCIC before releasing the weapon. The evidence/property technitian will conduct an ATF eTRACE to determine latest information as to ownership. If the eTRACE shows a different owner than the person requesting return of the firearm, the officer will make effort to determine actual current ownership. If ownership cannot be determined, then the firearm may be returned to the individual from whom the firearm was seized if that individual may legally possess a firearm. If any of the databases are unavailable the weapon will not be released and th owner will be asked to obtain the item at a later time. The evidence/property technician will document what databases and efforts were utilized in determining the owner was not a person prohibited from possessing a deadly weapon or ammunition. The NCIC status of the weapon shall also be documented. Destruction of evidence/property will be conducted by the Evidence technician, and will be accompianied by an armed police officer or reserve police officer who will transport the firearms to a destruction facility and shall witness the destruction of each weapon. Destruction of evidence no longer needed, will be destroyed only upon written approval of the proper prosecuting attorney and the case detective/officer.

802.7.1 EXCEPTIONAL DISPOSITIONS The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction: • Weapons declared by law to be • Animals, birds, and related equipment that have been ordered forfeited by the court • Counterfeiting equipment • Gaming devices

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• Obscene matter ordered to be destroyed by the court • Altered vehicles or component parts • Narcotics (Utah Code 58-37-2 et seq.) • Unclaimed, stolen or embezzled property • Destructive devices

802.7.2 UNCLAIMED MONEY If found or seized money is no longer required as evidence and remains unclaimed after nine days of being posted, as described in Release of Property, the Department shall notify the person who turned the money over to the local law enforcement agency. Any person employed by a law enforcement agency who finds or seizes money may not claim or receive the money (Utah Code 77-24a-5(2)(a)).

802.7.3 PRESERVATION OF BIOLOGICAL EVIDENCE The evidence/property technician shall ensure that no sexual offense or death related biological evidence held by the Department is destroyed without adequate notification to the following persons, when applicable: (a) The case officer (b) The appropriate presecutor (c) The case officer shall be responsible to notify the sexual victim

Biological evidence related to a homicide and sexual punishable by minimum mandatory penalties shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable ’s office. If the evidence relates to an unsolved sexual offense, the victim shall be notified at least 60 days prior to destruction and provided with information on how to appeal the decision (Utah Code 77-37-3(3)).

802.7.4 PROPERTY NO LONGER NEEDED AS EVIDENCE When a prosecuting attorney notifies the Department that evidence may be returned to the rightful owner, the property and evidence technician shall attempt to notify the rightful owner that the property is available for return (Utah Code 24-3-103). Prior to the release of the property, the owner shall provide: (a) Documentation establishing ownership of the property. (b) Documentation that the owner may lawfully possess the property. When the property is returned, a receipt listing the detail of the property shall be signed by the owner and retained by the Department. A copy of the receipt shall be provided to the owner.

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Property and Evidence

If the Department is unable to locate the rightful owner or the rightful owner is unable to lawfully possess the property, the Department may dispose of the property as provided by Utah Code 24-3-103. If a court orders extraction and return of personal digital data from a computer determined to be contraband, the Department shall determine reasonable cost to provide the data, which shall be paid by the owner at the time the request is made (Utah Code 24-3-103). The Department shall dispose of confiscated or unclaimed firearms as provided by Utah Code 24-3-103.5.

802.8 INSPECTIONS OF THE EVIDENCE ROOM (a) On a monthly basis, the supervisor of the evidence custodian shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. (b) Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Chief of Police. (c) An annual inventory of evidence held by the Department shall be conducted by the property room supervisor and an evidence technician. (d) Whenever a change is made in personnel who have access to the Evidence Room, an inventory of all evidence/property shall be made by an individual(s) not associated with the property room or its functions to ensure that records are correct and all evidence and property is accounted for. The combination to the key lock box for the evidence room should also be changed at this time.

802.9 ADMITTANCE TO EVIDENCE ROOM Admittance to the Evidence Room should be restricted to the evidence custodian(s), the evidence supervisor, and others specifically designated by the Chief of Police. All other individuals entering the Evidence Room require escort and an Evidence Room access log entry shall be made indicating: (a) Date and time of entry and exit. (b) Name of individual(s) entering the Evidence Room. (c) Reason for entry. (d) Name of the escort.

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