<p> Utah Valley University Police Department 701</p><p>Effective: Supersedes: 2-17-2015 Approved By: Property and Evidence John C. Brewer Chief of Police A. Security 1. Only the Evidence custodian and Chief of Police shall have keys for the Evidence room. When other employees need access into the Evidence room, they shall be escorted by the Evidence custodian and shall sign the visitor’s log before entering. All personnel accessing the evidence room at any time will document it on the log. 2. The public will not be allowed to enter the Evidence storage area; doors to the storage areas will be locked at all times. B. Inspections 1. Annually, an evidence audit is conducted by a supervisor as appointed by the Chief. a) All areas of evidence will be audited. b) A representative sampling of items will be audited as determined by the auditor. 2. Whenever an evidence custodian is assigned to or transferred from the section an audit of at least 20 items will be conducted. If more than 5% of the records are incorrect, a complete inventory may be conducted. 3. Semi-annually, a review of procedures will be conducted to determine if: a) The facility is clean and orderly. b) Protected from damage and deterioration. c) Property no longer of evidentiary value is disposed of. 4. At least annually, the Chief will request an unannounced inspection of evidence storage area. C. Impounding Evidence 1. Officers are responsible for proper disposition of evidence coming into their possession. All items to be held as evidence or for safekeeping will be impounded with a DR number and completed Evidence Impound form. The DR will include the circumstances of how the evidence came into the officer’s possession and have each item of evidence listed; items containing other items (such as a purse or wallet, shopping bag, etc.) will be inventoried and all contents listed on the impound sheet. 2. All evidence items will be impounded in an evidence locker, or secured under the control of the Evidence custodian as soon as possible after the officer takes custody and in all cases prior to the end of the officer’s work day. 3. Large items such as bicycles (evidentiary only), motor vehicles, construction materials, etc., that will not fit into an evidence storage locker may necessitate the Evidence custodian callout with a supervisor’s approval. The Evidence custodian will make arrangements to store large items in a secure location. 4. If property is impounded from a prisoner solely because it is not allowed at the jail, the officer shall have the prisoner sign a “Personal Property Hold for Owner in Custody” form and attach it to the Evidence Impound Report. 5. Confiscation of property for personal use, failure to turn in all prisoner property, or any other willful deviation from this policy will result in disciplinary action. 6. Impounded evidence will be placed in an appropriately sized container with an evidence label sticker or evidence tag attached indicating the item number, description, DR number and officer’s name.</p><p>Utah Valley University Police Department Page 1 of 6 701 a) When evidence is not packaged in a container, the evidence sticker or tag will be securely attached to the item such as oversized backpacks, and bikes. b) Drugs, currency (paper and coin), and jewelry will be packaged in clear plastic bags and sealed to prevent accidental loss or tampering with the contents. After sealing the container, tape will be placed across the seal and the officer will put their signature across the tape. c) Please refer to the Evidence Packaging Manual for proper evidence packaging procedures. D. Separating Evidence 1. Certain items have unique storage requirements, therefore it is necessary to package the following items in separate containers/packages before the evidence is impounded: a) Items held for safekeeping b) Refrigerated evidence c) Frozen evidence d) Narcotics e) Firearms f) Money g) Jewelry h) Possible hazardous materials. 2. Each item does not need a separate Evidence Impound form, but does require a separate property number in Involvements in Spillman. E. Property Not Approved for Storage 1. The Evidence custodian shall not accept certain hazardous materials that present a danger or hazard to employees through flammability, detonation, toxicity, corrosive properties, radioactivity, or any other harmful characteristic. a) Small quantities of flammable liquids that are properly packaged may be accepted upon approval of the Evidence custodian. b) Small quantities of fireworks that are not considered hazardous and may be accepted upon approval of the Evidence custodian. 2. Normally, another police agency equipped to deal with explosives or dangerous chemicals should be called to assist in collecting, storing, or disposing of these items. 3. The following items will not be stored in Evidence unless supervisory approval is given as it is necessary for processing for latent prints involving a felony or involving a violent felony where the items are of such a valuable nature that photographs will not suffice: a) Perishable items b) Human or animal bodies or body parts c) Human or animal waste (feces) unless packaged in an air-tight container d) Any and all items consumable by humans or animals to include, but not limited to, all foods and beverages. Photographs should be taken of the items and the photographs should be impounded as evidence. F. Special Duties of Evidence Personnel 1. It is the responsibility of the Evidence custodian to collect all evidence items from the temporary evidence storage lockers and place them to evidence storage. 2. Evidence custodians are responsible for verifying that items impounded correspond to the evidence listed on the Evidence Impound form.</p><p>Rev. Date Utah Valley University Police Department Page 2 of 6 701 3. Improperly packaged evidence, incomplete documentation, or paperwork with significant errors, omissions or violations of policy will not be placed in storage until corrected. The Evidence Impound form and a Correction Notice will be returned to the officer with instructions to return the paperwork to Evidence within two calendar days. G. Evidence Requiring Special Handling 1. Scientific Analysis a) A Request for Scientific Examination form will be completed for evidence requiring scientific analysis. Items must be separated by type of analysis requested with notations made on the request form (e.g., latent prints examination only, firearms examination only, etc.). Items needing analysis by more than one lab unit shall be numerically prioritized in place of a check mark on the form and pertinent information included in the special instructions. b) When the Request for Scientific Examination form is submitted to the crime lab, a written report is returned to the department with the lab results. c) The Evidence custodian is responsible for transporting evidence to and from the lab for processing. 2. Drugs/Paraphernalia a) Green plant material, such as marijuana, must be packaged to prevent mold growth by air drying or packaging in paper containers. b) Sharp narcotics paraphernalia (e.g. syringes, razors, etc.) must be packaged in puncture-proof containers, sealed and labeled with a biohazard symbol marked “SHARPS.” c) A hypodermic syringe will not be accepted for lab analysis unless it is the sole item of drug evidence and contains more than a residual amount of liquid; refer to the Evidence Packaging Manual for State Crime Lab acceptance requirements for drug paraphernalia testing (ie. County/City Attorney letter needed). d) Replacing needle-tip covers on syringes should not be attempted to avoid accidental needle sticks. 3. Biological Evidence a) Evidence requiring refrigeration (e.g. blood samples, urine specimens) or freezing (e.g., sexual assault kits) shall be packaged separately from the rest of the evidence in the case. b) Items requiring refrigeration/freezing will be placed inside the temporary refrigerator/freezer and the locker key dropped in the key slot. c) A biohazard sticker shall be placed on each package containing any blood or bodily fluids. d) Items wet with blood or other fluids must be air-dried before being placed into evidence. Prior to hanging the item(s), the floor will be covered with butcher paper or newspaper to lessen contamination of the floor and collect any evidence that may drop from the item. 4. Firearms a) All firearms will be unloaded prior to impound unless otherwise authorized by a supervisor. Unloaded firearms and the locker will be clearly marked to notify the evidence custodian. b) Handguns requiring evidence processing will be packaged in a Firearm Evidence box or Long Gun box. The make, model and serial number shall be placed on the outside of the box. To protect possible evidence, weapons should be handled only on rough surfaces such as checkered hand grips, fore piece or trigger-guard edge. Cloth gloves should be worn if possible. An ATF National Tracing Center Trace Request form will be completed. c) All handguns must be packaged in an Evidence box provided. If the firearm comes with its own container such as its manufacturer gun box or soft case and it is for Safekeeping only or Hold for Owner, it can be tagged as such with an evidence tag.</p><p>Rev. Date Utah Valley University Police Department Page 3 of 6 701 d) Ammunition will be placed in a separately in a manila envelope or container away from the weapon. e) The owner of the firearm will be notified that the firearm will not be released unless he/she passes a Brady check, which will be done before the release of any firearm through BCI. A form will be filled out and faxed to BCI at the time the owner comes to pick up the firearm during business hours. If the owner cannot show proof of ownership an affidavit will be filled out that he/she is the owner of the firearm once they pass the background check. 5. Currency: The currency will be listed by the quantity of each bill as well as the total money impounded (e.g., 5 $20 bills = $100). Money in purses, wallets, etc., must be counted and listed as a separate item. For accuracy, money will be counted by two employees and the second employee’s name will be noted on the Evidence Impound Sheet as a witness to the count. 6. Driver’s Licenses and License Plates a) A DR shall be written whenever a driver’s license or license plate is seized. b) Driver’s licenses may be seized when an officer has probable cause to believe it is suspended, revoked, fictitious, fraudulently altered, pursuant to a DUI investigation. License plates may be seized when an officer has a legal right to be present and the plate is fictitious, stolen, revoked, suspended, or altered. c) When enforcement action is taken and the driver’s license or license plate may be needed in court (e.g., altered driver’s license) it shall be impounded as evidence. d) Suspended or revoked driver’s licenses not needed for court shall be impounded for destruction. Suspended license plates not needed for court shall be impounded for destruction. 7. Vehicles a) All vehicles that are evidence will be impounded at the towing company secured impound yard along with its keys. If an officer operates any vehicle, they must be trained in the proper operation of that vehicle. An authorized tow company will always move motorcycles. b) When a vehicle is impounded at the evidence storage yard for evidentiary purposes, the University is responsible for any costs incurred towing the vehicle from the crime scene to the storage yard. c) Once the vehicle no longer has evidentiary value and may be released to the owner, the owner will be notified by certified letter that they have 14 days to retrieve it from the impound yard. If the vehicle is not claimed it will be towed by a contract tow company and stored at the tow company’s lot at the expense of the owner. d) All vehicles that are not evidence will be impounded at a private towing lot. e) All persons inspecting a vehicle for evidence shall wear eye protection and safety head protection when under a vehicle. 8. Found/Abandoned Property a) All found property will be given to the Lost and Found at Campus Connection. If they are not available the items will be placed in the drop box across from the police department lobby. b) Before storing found/abandoned property a reasonable attempt shall be made to locate the owner and return the property if it is not contraband or unlawful for them to have it. c) There is no obligation to impound “junk” as found property (i.e., hubcaps, broken items, small toys, etc.). d) Found/abandoned property will not be stored in the evidence room. 9. Safekeeping Items</p><p>Rev. Date Utah Valley University Police Department Page 4 of 6 701 a) Officers must notify owners within 10 days of impounding property that they may claim their items from Evidence. Items not claimed after 30 day period are considered abandoned and may be disposed of in accordance with UVU policy and state law. b) Safekeeping items may be released to the owner listed on the Property Impound form. c) Weapons held for safekeeping may be released to the owner after the gun and the owner have been checked through UCJIS/ NCIC and the results are negative. Firearms may be released after the owner has passed a Brady check with BCI. d) Ammunition impounded with a firearm will not be released at the same time the firearm is returned to the owner. The owner may arrange to pick the ammunition up the following day or within the following 10-day period. Ammunition not claimed after the 10-day period will be considered abandoned and disposed per UVU procedure. This will be expressed to the owner at the time of release of the firearm. An ammunition liability form will be filled at the time ammunition is released to be signed by the owner and by the person releasing the ammunition. e) Generally, items shall not be seized for safekeeping in civil matters (e.g., for the convenience of an individual going on vacation or who wants valuables kept secure). H. Evidence Disposition 1. Evidence may be disposed of under the following: a) The case has been adjudicated, dismissed, or written permission is given by the prosecuting attorney’s office. b) The case officer and a supervisor give written permission to dispose of the property after a check of case tracking has been made. c) Court order. d) After the statute of limitations has expired, and if the case has not been filed or is not otherwise assigned to a prosecutor. e) As needed, the evidence custodian will send notices for final disposition of evidence. The case officer will contact the prosecuting attorney’s office to check on case status to determine if the item needs to remain in custody. The disposition form shall be completed and returned within 15 days. It is the responsibility of the case officer to ensure the proper return or disposal of evidence. After researching the proper routing of the evidence, the case officer shall mark the appropriate box on the Evidence Disposal Authorization form for each item to designate the proper disposition of each item. If the original case officer is no longer employed by the department, the disposition form shall be routed to the officer’s supervisor who will be responsible to complete the form after researching the proper routing of the evidence. If evidence is to be held for statute of limitations per the county attorney, the officer will list the expiration date. If no response: f) Second notice will be sent to the employee’s supervisor, for response within 10 days 2. Property custodians will check all property through UCJIS/NCIC before disposal and if the inquiry is negative the property may be made available for disposal. I. Disposal Methods 1. Found property may be disposed of by the following: a) Returned to the owner. b) Transferred to the UVU warehouse for auction. c) Converted to department use. This will require documentation. d) Destroyed. This also will require documentation</p><p>2. Disposal of Evidence: When it is determined evidence is no longer needed (except firearms and contraband) it shall be disposed of by the above listed methods.</p><p>Rev. Date Utah Valley University Police Department Page 5 of 6 701 a) Firearms and other non-drug contraband shall be physically destroyed unless a court order authorizes use of the item by the department or state law requires its return to the lawful owner. 3. In any event, the final disposition of all evidence/found property should be accomplished within six months of all legal requirements being satisfied. 4. Destruction of Controlled Substances/Paraphernalia a) Upon receipt of authorization to dispose of controlled substances and narcotic paraphernalia, the property supervisor shall: (1) Pull the items from storage and place in a box marked for destruction. (2) Prepare a list noting the case and evidence item number. (3) Schedule the destruction. (4) Submit a departmental report that includes the date, time, and location of the destruction, an inventory of the items, those present, and the results of the random tests made before and after the destruction. 5. Destruction of Biohazards A) All biohazards under this category such as (syringes from the red needle box, blood tubes, urine samples from toxicology) will be disposed of by utilizing the disposal service used in conjunction with Student Health Services on a monthly basis. 6. Destruction of Computers/Electronics & Wiping of Computer Images A) All electronic disposal will take place at a public electronic disposal pick-up event on a yearly basis if needed. B) Computers taken from the school labs that are to be returned to the Student Computing lab will be wiped clean for any illicit images when the case is adjudicated. The Student Computing Lab Assistant Director Kim Leseberg at SC116 may be contacted for these services 801-863-7932. 7. Destruction of Ammunition A) The Layton incinerator will not accept ammunition or fireworks into their facility for destruction. Any found or abandoned ammunition will be disposed of by releasing it to the UVU Firearms Instructors for proper disposal. J. Chain of Custody 1. Evidence custodians are responsible for developing and maintaining a file that documents all changes in custody of physical evidence. The file shall be capable of readily identifying the individual or organization currently maintaining custody of the item. 2. All transfers of property shall be documented on the Evidence Impound or Chain of Custody Continuation forms. 3. Employees assuming custody of evidence from the evidence room bear full responsibility for ensuring its security, proper storage, maintenance, and for the ready retrieval of such evidence upon demand. If a court retains evidence, the employee shall obtain a receipt from the court (a copy should be given to the Evidence Custodian to show that the courts kept the evidence); receipt forms can be obtained from Evidence at the time the evidence is checked out. K. Evidence Packaging Manual 1. The binder is itemized by a property description item to help officers with a visual and directional understanding of how to properly package evidence according to the State Crime lab. </p><p>Rev. Date Utah Valley University Police Department Page 6 of 6</p>