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0 Philadelphia Police Department Directive 12.15

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0 Philadelphia Police Department Directive 12.15 0 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.15 Issued Date: 03-13-15 Effective Date: 03-13-15 Updated Date: 06-15-20 SUBJECT: PROPERTY TAKEN INTO CUSTODY PLEAC 1.4.3, 1.4.4, 1.8.1, 3.6.1, 3.6.3, 3.6.4, 3.6.6 ______________________________________________________________________________ INDEX SECTION TITLE PAGE NO. 1 Policy 1 2 Property Classifications 1 3 Control and Issuance of Property Receipts (75-3) 3 4 Preparation of Property Receipts (75-3) 5 5 Storage Agencies and Limitations 7 6 Office of Forensic Science Evidence Packaging Guidelines 10 7 Transfer of Items to Storage 21 8 Evidence Intake Procedure 23 9 Cash Intake Procedure 27 10 Distribution of Property Receipts (75-3) 31 11 Obtaining Evidence for Court 33 12 Dispositions on Orders of the Court 34 13 Disposition of Property by Evidence Custodian 36 14 Audits and Inspections 38 15 Gun Buybacks 38 Appendix “A” Preparation of Property Receipts (75-3) Instructions Appendix “B” Example Memo – Withdrawal of Evidence without Property Receipt Appendix “C” Continuation of Property Receipt (75-3A) Appendix “D” Example Memo – Request for Disposal of Liquor PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.15 Issued Date: 03-13-15 Effective Date: 03-13-15 Updated Date: 06-15-20 SUBJECT: PROPERTY TAKEN INTO CUSTODY PLEAC 1.4.3, 1.4.4, 1.8.1, 3.6.1, 3.6.3, 3.6.4, 3.6.6 ______________________________________________________________________________ 1. POLICY A. It is the policy of the Philadelphia Police Department that all property/money that is confiscated or collected will be recorded on a property receipt, thus initiating the chain of custody. Any police employee who confiscates or collects any property/money by any means or from any source will immediately prepare a Property Receipt (75-3). B. Additionally, any secondary evidence, such as DNA swabs or latent fingerprints, collected in the course of any investigation will also be placed on a Property Receipt (75-3) to establish a proper chain of custody. However, there is one exception listed below that does not require the issuance of a property receipt. (PLEAC 3.6.1 a) 1. Prisoner Property-The removal and safekeeping of prisoner property will be guided by the procedures outlined in Directive 7.8, “Adult Detainees in Police Custody.” C. All property/money coming into custody/control of any police employee will be submitted to the designated secure storage location by the end of the employee’s tour of duty. No collected/confiscated property/money will remain in the possession of the confiscating officer or be stored in any detective division or unit other than as specified in this directive. (PLEAC 3.6.1 b) D. Furthermore, it is the policy of the Philadelphia Police Department that all property/ money be stored in a secure area that is only accessed by authorized personnel. E. Annual inspections, inventories, and audits are performed for accountability. Property that is no longer needed is disposed of in accordance with established procedures. ______________________________________________________________________________ 2. PROPERTY CLASSIFICATIONS A. Property or money, which may legally be taken into custody, is limited to the following classifications: 1. Lost and Found: DIRECTIVE 12.15 - 1 a. Property or money which was found by the police, or found by others and turned over to the police. It is the responsibility of the reporting officer to attempt to identify and contact the owner/agent of the property prior to submitting it to the storage agency. Notification attempts should be noted on the receipt. (PLEAC 3.6.1 f) b. Abandoned or homeless articles that have value may be included in this category, but police personnel should not confiscate or collect articles having little or no value and are considered refuse. 2. Investigation: a. Property taken from a person or location, under circumstances that would lead a reasonable person to believe that a crime has been committed and the articles in question may be the fruits or instruments of the crime. b. Property received or obtained under circumstances that would normally require a police investigation or property that by its very nature requires investigation. c. Property or money taken into custody when a specific charge has not been determined or the defendant is unknown or not in custody. 3. Personal Property for Safekeeping: a. Any property or money that is taken into custody where the owner is known. 1) This includes firearms taken into custody as a result of enforcing a “Protection from Abuse Order” (PFA) only. The confiscating officer will check if the firearm is stolen either through Police Radio or by computer check. If it is not in stolen status, a detective division control number is not required and the firearm may be taken directly to the Office of Forensic Science/Evidence Intake Unit (OFS/EIU). If stolen, the firearm will be processed by the Detective Division of occurrence. (Directive 3.9 “Domestic Abuse and Violence”) NOTE: The PFA number must be listed on the property receipt. 4. Evidence: a. Property or money that may be required to be presented in a judicial proceeding to establish the nature of the crime committed and/or to support, prove or disprove the alleged facts at issue. NOTE: Contraband are things forbidden by law to be bought, sold, bartered, traded, possessed, or transported and, under most circumstances, will be classified as either "For Investigation" or "Evidence." DIRECTIVE 12.15 - 2 ______________________________________________________________________________ 3. CONTROL AND ISSUANCE OF PROPERTY RECEIPTS (75-3) A. The Evidence Custodian Unit (ECU) maintains strict control of property receipts (75-3) that are issued, the control log, and the property receipt file. It also maintains a listing of all units authorized to store Property Receipts. B. The Office of Forensic Science, Crime Scene Unit (OFS/CSU) is exempt from Section 3 as CSU is authorized to print property receipts (75-3) on an as need basis. CSU is limited to the production of 9000000 series property receipts. C. The Commanding Officer of each district/unit authorized to obtain property receipts (75-3) will control the requisitioning, storage and issuance of the property receipts. 1. To request property receipts (75-3) when the district/unit supply is low, the pertinent Commanding Officer will prepare a memorandum to the Evidence Custodian Unit indicating how many receipts are on hand and a request for additional blank property receipts. Fax the memorandum to the Evidence Custodian Unit, xxx-xxx-xxx. Evidence Custodian Unit Personnel will deliver the requested property receipts to the Divisional Inspector’s office the following business day where they can be picked up by the requesting district/unit. a. Examine the blank property receipts (75-3) when received, to ensure that the numbers are in sequence and accounted for. 2. Audit, each month, blank receipts stored in the Operations Room. a. Date, time, and signature will be entered in the Property Receipt Control Log on the next line under the last issued receipt. 3. Review twice each month the delinquent Property Receipt Register Report listing police personnel under their command who have failed to turn in property to the proper storage location. This register will be disseminated through chain of command to the pertinent Chief Inspector. 4. Review once each month the missing Property Receipt Register listing property receipts not issued in numerical order and missing from the Property Receipt file. A memorandum will be submitted through the chain of command to the Commanding Officer, Evidence Custodian Unit (CO, ECU) outlining the circumstances of the missing Property Receipt. 5. Review issued property receipts, daily, to ensure evidence is being turned in according to the specifications in this directive. DIRECTIVE 12.15 - 3 D. Property receipts (75-3) should, in most cases, be obtained by police officers from the Operations Room Supervisor (ORS) in the district of occurrence. If needed, property receipts (75-3) may also be obtained by detective personnel, police officers and outside agencies from the numbered district wherein the Detective Division is housed and serves as the divisional headquarters. Before issuance of these Property Receipts, the ORS will ensure that a Detective Division control number has been assigned. Central Division ………. 9th Police District……401 N. 21st St. East Division ………….. 25th Police District….3901 Whitaker Ave. Northeast Division ……. 15th Police District….Harbison and Levick Northwest Division …….35th Police district…..Broad and Champlost South Division …………1st Police District……24th and Wolf Southwest Division……..18th Police District…..55th and Pine 1. To issue a Property Receipt the ORS will: a. Determine the total number of property receipts required for a single police action based on the storage location and the property classification. 1) If the items of property taken in one police action are to be sent to different storage locations, a separate property receipt will be prepared for the articles which are submitted to each location. 2) If the items of property taken in one police action are of different classifications (e.g., evidence, for investigation, for safekeeping), a separate property receipt will be prepared for the articles in each classification. 3) If the items of property taken in one police action are of different category (e.g. money, jewelry, etc.) a separate property receipt will be prepared for all property of a different category. 4) If money taken in one police action is a combination of regular, mutilated, bloody, or contaminated money, a separate property receipt will be prepared for each category. EXAMPLE #1: A drug related homicide occurs. A suspect is arrested and found to be in possession of the suspected murder weapon, two (2) other handguns and a quantity of narcotics. Three (3) property receipts are required, one for the suspected murder weapon prepared as “evidence,” a second for the other two (2) handguns prepared as “for investigation,” and the third for the narcotics prepared as “evidence.” DIRECTIVE 12.15 - 4 EXAMPLE #2: Money and jewelry are found in a black handbag.
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