Property and Evidence

Transcription

1 Property and Evidence

2 LET S LOOK AT: 1 AUTHORITY TO PURGE 2 REVIEW SYSTEMS 3 PURGING PROCESS 4 PURGING NOTIFICATIONS 5 HOMICIDE EVIDENCE

3 1 AUTHORITY TO PURGE

4 Authority To Purge Property Officer shouldn t make decision Property Officer should be the guardian If you re the decision maker, make sure it s authorized by department policy! Remember - Separation of duties

5 2 REVIEW SYSTEMS

6 Review Systems Petty Theft Evidence 7 Years Old Example of NO Review System

7 TYPES OF REVIEW SYSTEMS Statute Of Limitations Accelerated Reviews Administrative Kill Keep Forever

8 Statute Of Limitations 2015

9 2015 FACT: Statute of Limitations The most important part of the overall purging system is knowing the various Statutes of Limitations for different crimes!

10 Statute of Limitations Found Property 2016 Safekeeping Misdemeanors Felonies Link statutory time to item(s) at submittal Set review date upon receipt (SOL) Send review notice to detective / arresting officer on calendared basis

11 Biological Evidence 43 States Mandated Retention Times Statute of Limitations

12 Statute of Limitations Automating The Purging Process

13 STATUTES OF LIMITATION - CRIME, PURGING AND AUTOMATION Case Number Tracking Number Crime Code Crime Title Category 211 PC Robbery Felony 6/01/ /01/ 2018 Submit Date Review Date SOL Example Crime Library Felony - 3 years Misdemeanor - 1 Months Found Property - Ninety Days Safekeeping - Sixty Days

14 Accelerated Reviews 2015

15 Accelerated - CRIME, PURGING AND AUTOMATION Case Number Tracking Number Crime Code Crime Title Category 211 PC Robbery Felony 6/01/ /01/ 2016 Submit Date Review Date SOL Example Crime Library Felony - 3 years Misdemeanor - 1 Months Found Property - Ninety Days Safekeeping - Sixty Days

16 Accelerated Review 2015 Example Only Policy Sets Date Felonies - One Year Misdemeanors - Six Months 50% or more can sometimes be removed on the first round if properly managed Keyword - Reviews

17 Administrative Kill

18 Administrative Kill Policy Select items past the Statute of Limitations Select specific groups (with criteria identified) u All misdemeanors over x amount of months / years u All felony property crimes over x months / years Seek Prosecutor Buy-in If beyond SOL May not be prosecutable! No valid arrest warrants No court appeals

19 Keep Forever Krapola 2015

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21 What System Did We Forget? Hint: Most of you use it daily

22 What Takes Up Most Space?

23 That s Right! What Takes Up The Most Space?

24 3 Purging Processes

25 Purging Process Types of Cases Assigned Case Unassigned Case Someone is Responsible No One Is Responsible Might Get Forgotten Will Get Forgotten

26 Purging Process You have to make it happen Don t rely on purging data coming to the Property Room unless you have a proactive system in place AND management support!

27 Purging Process Push - Pull You have to make it happen

28 Purging Process Pull Push

29 Review Purge Notice 4 Review No>fica>ons

30 Notifications - Manual System Photocopy property report Distribute review form to detective / officer Distribute monthly On case anniversary Forced choices Retain Dispose Set DDD for return Track distribution of review form

31 Option That Makes Officers Accountable Require investigator to answer - if item is to be retained. Are there any known suspects? Yes R No Are there any workable leads? Yes R No Why is the item being retained? Good Idea! Items retained without suspects or leads must be approved by supervisor and then returned back to the property room.

32 PURGING REMINDERS

33 Purging Reminders Provide meaningful data to detective Names (victim, suspect, owner) Type of crime Descriptions Case Number Barcode Number Name Relationship Crime Description Avoid giving only lists of case numbers Case Number Case Number Case Number Case Number Case Number Case Number Ralph Propmore Victim Armed Robbery Timex Watch with yellow band

34 Purging Reminders Maintain check-off list of all Disposition Notices sent to the case officer to insure notifications are returned in timely manner No more than 2 weeks to return back to Property Room Notifications not returned need to be routed to supervisors for follow-up

35 Another - Joe Quote Sending Review NoHces The higher the rank, the be9er the response

36 Re-Review - Reminders Develop a re-review policy Same review criteria i.e. annually Return to original detective / officer Assigned detective / officer no longer involved (retired / promoted) Policy needs to define next step - Detail Sergeant? (who?)

37 Purging Reminders Send out Review Notices to detectives at least monthly Attach court disposition information Include D/A approval data Remember co-defendants Remember appeal process Check for warrants

38 5 Homicide Evidence

39 Homicide Evidence How long do you have to keep homicide evidence? Defendant still alive? Defendant released from prison? Illinois - forever Colorado - death of defendant Ask the prosecutor! Have Medical Examiner send death notices to department (Warrants? Evidence?)

40 5 Bio Evidence - Time

41 Biological Evidence Retention How long do you have to retain biological evidence? Check your local statutes Changing every year 43 states with preservations laws

42 Biological Evidence Retention shall be reserved

43 Biological Evidence Retention / Testing Sexual Assault Kits - MO

44 Missouri June 2018 Missouri In November 2017, following media reports, Attorney General Josh Hawley announced a thorough inventory of unprocessed rape kits statewide. In May 2018, the inventory report revealed that 4,889 rape kits in Missouri have not been submitted for DNA testing. In 2018, Missouri legislators enacted a law requiring the state to develop procedures for gathering, transmitting, and storing rape kits. The procedures must require law enforcement to take possession of the kit within 14 days of notification and to submit the kits to a lab within 14 days of taking possession. Law enforcement will secure a kit for a period of 30 years if the offense has not been adjudicated. Also under this law, the Office of the Attorney General will establish protocols to implement a rape kit tracking system that allows survivors access to monitor the current status of their kit. 44

45 International Association for Property and Evidence, Inc.