0 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 12.15

Transcription

1 0 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE Issued Date: Effective Date: Updated Date: SUBJECT: PROPERTY TAKEN INTO CUSTODY PLEAC 1.4.3, 1.4.4, 1.8.1, 3.6.1, 3.6.3, 3.6.4, 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 20 8 Evidence Intake Procedure 23 9 Cash Intake Procedure Distribution of Property Receipts (75-3) Obtaining Evidence for Court Dispositions on Orders of the Court Disposition of Property by Evidence Custodian Audits and Inspections Gun Buybacks 37 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

2 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE Issued Date: Effective Date: Updated Date: SUBJECT: PROPERTY TAKEN INTO CUSTODY PLEAC 1.4.3, 1.4.4, 1.8.1, 3.6.1, 3.6.3, 3.6.4, POLICY A. It is the policy of the Philadelphia Police Department that all property/money that is confiscated or collected will be assigned a property receipt number 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 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 b) D. Furthermore, it is the policy of the Philadelphia Police Department that all property/ money is 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

3 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 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. 4. Evidence: 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. 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

4 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 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, 215-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

5 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. 21 st 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 24 th and Wolf Southwest Division..18th Police District..55 th 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

6 EXAMPLE #2: Money and jewelry are found in a black handbag. Three (3) property receipts would be required. Although the classification (Lost and Found) may be the same for all three items, the categories are different and the items are stored in different locations by the ECU. b. Issue property receipts (75-3) in strict numerical order. Record the property receipt number, date, the receiving employee s name, badge and payroll number, description of the item, district/unit of assignment and the detective division control number, if applicable, in numerical order in the Property Receipt Control Log Book. (PLEAC a) c. Ensure that each individual property receipt indicates all other property receipt numbers used to account for the items taken into custody during any single police action. d. Ensure that the property receipt is properly prepared and entered into the mainframe Property File (PRFE) in accordance with Computer Training Bulletin (revised 9-97). Print one copy of the completed entry and submit it along with all other copies of the property receipt with the evidence. Property Receipts not entered into the computer will not be accepted by the ECU or the Office of Forensic Science/Evidence Intake Unit (OFS/EIU). (PLEAC a) e. Retain the completed District Control copy of the receipt and forward to the Commanding Officer. Retain the City Controllers copy and forward to the Evidence Custodian Unit. Submit all other copies of the property receipt along with the evidence to the proper storage location. f. If a property receipt needs to be Voided indicate, under the block "Items of Property, etc.," the reason for voidance and the supervisor's signature and badge number who authorized the voidance. Retain the District Control copy and the District Receipt copy for district/unit file and forward all remaining copies to the ECU. g. Property receipts issued to a district/unit may not be transferred or exchanged with any other district/unit. 4. PREPARATION OF THE PROPERTY RECEIPT (75-3) A. The police employee who takes initial custody of the article(s) will: DIRECTIVE

7 1. Ensure that all items on a single property receipt (75-3) are of the same classification (e.g., evidence, investigations, etc.,) categories (e.g., drugs, money, firearms, etc.) and are to be delivered to the same storage location. All applicable blocks must be filled out on the property receipt. 2. Type or legibly print under "Items of Property and Circumstances under which it was received" section: a. Indicate the location where the property was obtained. Clearly, record the circumstances related to the collection of the property including from whom it was recovered. Include the charges and UCR code related to the incident. b. If the article was used to injure or kill, or in an attempt to injure or kill, include the name, age, address and race of both the defendant (if known) and the victim. Include the defendant s photo number (PPN), if known. c. Number of each type of article(s) seized along with a description of each item. (PLEAC c) 1) Use serial numbers when available. 2) Do not indicate dollar value, estimated or otherwise. 3) List currency taken by denomination and amount. a) List currency taken as "Evidence" or "For Investigation" by serial number if the money was listed or identified prior to the crime or confiscation (e.g., dye-stained money, bait money or if the serial numbers follow sequentially (e.g., theft from ATM machine). 4) Give a general description of jewelry such as yellow metal or clear stone, etc. d. If applicable, include the name and payroll number of the assigned investigator, investigative unit control number, number of the search and seizure warrant, and/or the number of the general computer message and date of transmission. e. If the article is connected to items listed on another property receipt, note the property receipt number(s) of the other receipts(s). Include related DC# and Lab # of previous submissions to the OFS, if applicable. NOTE: Refer to Directive 5.1 Investigation of Controlled Substances, Appendix A for the proper formatting of property receipts related to any drugs taken into custody. DIRECTIVE

8 3. Ensure that District Control and City Controller copy are returned to the district of issuance. 5. STORAGE AGENCIES AND LIMITATIONS A. Evidence Custodian Unit (ECU) will be the permanent storage location for all money, Jewelry, and property not designated as being stored at any other storage location. *1 NOTE: All other storage locations are under direct control of sworn personnel and operate under the direction of ECU. *1 B. Divisional Headquarters (1 st, 9 th, 15 th, 18 th, 24 th, 35 th ), Narcotics Field Unit, Narcotics Strike Force, City Wide Vice, Homicide, Special Victims Unit, and Internal Affairs Division will receive and temporarily store all confiscated/collected property and money in their designated and secure temporary evidence locations. (PLEAC 3.6.3) *1 C. Automotive Services, 4298 Macalester St. (Vehicles requiring search warrants, forensic testing, guard for prints, etc.,). 1. Vehicles being held for search warrants, forensic testing or guard for prints will be taken to 4298 Macalester St., where they will be temporarily stored in a secure location (i.e., secured fenced in area) within Major Crimes. Unauthorized personnel will be restricted from this area. Automotive Services will immediately notify the Commanding Officer of the Investigative Unit, via , that a vehicle was dropped off for processing. (PLEAC e, PLEAC 3.6.4) NOTE: When applicable, vehicles being held for Guard for Prints will be stored inside the secured garage. a. The Commanding Officer of the investigative unit will ensure that any vehicle waiting for processing by personnel under their command are processed within 48 hours, NO EXCEPTIONS. Failing to process the evidence in a timely fashion may cause possible degradation of evidence. b. After analysis, the investigative unit will have the vehicle returned to the owner or sent to the Police Impound Unit for further storage. The Commanding Officer, Impound Unit after conferring with the Commanding Officer of the investigative unit, will ultimately be responsible for ensuring it is properly disposed of after processing. D. Major Crimes 1. Evidence confiscated by Major Crimes Investigators may be temporarily housed in their secure holding room until which time the Commanding Officer determines it DIRECTIVE

9 is no longer needed for their ongoing case. The investigator will then make arrangements with the Evidence Custodian Unit (ECU) to coordinate transfer to the permanent storage location. E. Police Impound Unit, 7992 Penrose Ferry Road, (Vehicles, vehicle parts and items of excessive weight or bulk). 1. Vehicles being confiscated for investigation/evidence will be accepted at the Police Impound Unit under the following conditions: a. All evidence, contraband, and items of obvious value (cash, jewelry, personal electronics etc.,) will be placed on separate property receipts. All other items will remain with the vehicle, and will be documented on the property receipt and towing report. b. The name and payroll number of the assigned investigator and control number are on the property receipt. c. No vehicle containing a hazardous material or unknown substance will be taken into custody prior to consultation with the Commanding Officer, Homeland Security. 2. Articles of excessive weight or bulk that cannot be stored at another location such as mini motorcycles, motorized bicycle, mopeds, portable basketball nets, tires, and rims will be stored at the Police Impound Unit. If tires, wheels or rims need to be retained for future testing, the items should be taken to the Bulk Evidence Warehouse at 660 East Erie Ave. F. Bulk Storage/Evidence, 660 E Erie Avenue will receive and store any items of excess bulk or weight that need to be housed indoors. NOTE: Bulk Evidence/Storage will not accept any items that are gas powered. Items that are gas powered will be stored either at Automotive Services (4298 McCalester Street) or the Police Impound Unit (7992 Penrose Ferry Road). G. Office of Forensic Science (OFS) (ALL drug evidence and other items of evidence that require forensic analysis). 1. The Office of Forensic Science (OFS), Evidence Intake Unit (EIU), on all tours of duty, seven (7) days a week, receives and stores ALL drug evidence, firearms and other items of evidence that require forensic analysis. NOTE: Items requiring an examination for the presence of latent fingerprints may be submitted directly to the OFS/CSU on a walk-in basis. OFS/CSU staff will follow the same case acceptance and data entry requirements as OFS/EIU when receiving evidence. DIRECTIVE

10 2. General Information a. Physical evidence being submitted for forensic testing can pose significant safety hazards to both Police and laboratory personnel. It may not always be possible to determine if evidence poses a biological or chemical hazard, so it is imperative to follow universal safety precautions when handling all evidence. According to the concept of Universal Safety Precautions, all human blood and certain body fluids are treated as if known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), and other blood borne pathogens. Any body fluid should be handled with caution. b. Other potentially infectious materials include, but are not limited to semen, vaginal secretions, cerebrospinal fluid, synovial (joint) fluid, pleural (lungs) fluid, pericardial (around heart) fluid, peritoneal (abdominal) fluid, amniotic (around fetus) fluid, saliva in dental procedures, and any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. In addition, any unfixed tissue or organ (other than intact skin) from a human (living or dead). Bodily fluids such as feces, sweat, tears, nasal secretions, vomit, and urine (when they are not contaminated with blood) can still transmit infectious diseases, so caution is advised. c. Evidence that is a potential biohazard should be plainly marked with biohazard stickers. If submitting infectious evidence containing HIV, HBV, or other contagious biohazard substances, this information must be noted in your paperwork. Suspected hazardous chemicals and evidence that requires DNA or latent print examination must also be marked. 1) Evidence which may require possible future DNA analysis from item(s) being handled, worn, etc., by a person of interest (Touch DNA) should be handled with gloved hands (preferable latex or equivalent). The property receipt should be clearly marked Guard for DNA. Refer to the OFS Guide for Collecting and Preserving DNA Evidence. 2) Evidence which may require possible future fingerprint analysis from item(s) being handled by a person of interest should be handled as minimally as possible with gloved hands (preferable latex or equivalent). The property receipt should be clearly marked Guard for PRINTS. 3. General Case and Evidence Acceptance Policies a. The PPD/OFS will receive and examine evidence submitted by the Philadelphia Police Department on an official Property Receipt (75-3). Evidence may be accepted from agencies outside the Philadelphia Police Department with whom the laboratory has special agreements. The acceptance of evidence from other DIRECTIVE

11 entities is at the discretion of the Director, Office of Forensic Science or as ordered by the courts. b. The following types of cases and/or evidence not generally accepted by the PPD/OFS include, but are not limited to: 1) Evidence from private individuals. 2) Evidence from non-criminal cases or those unable of being charged criminally with the exception of Drug or Firearms related submissions in which the OFS is the primary destination of the evidence/property. 3) Requests which are non-probative to the investigation, such as seized alcohol bottles which are stored at the investigative units. 4) Compromised or affected evidence that renders scientific examinations invalid. 5) Previously examined evidence by another laboratory. The Director may allow exceptions to this policy on a case-by-case basis. Exceptions may include: a) A court order has been issued to examine the evidence. b) The requests for examinations involve the use of new or different techniques/methods that were not previously available. 6. OFFICE OF FORENSIC SCIENCE EVIDENCE - EVIDENCE COLLECTION, CATEGORIES AND PACKAGING GUIDELINES (PLEAC d) A. General Evidence Collection 1. Proper packaging, identification, and sealing of evidence is imperative to its preservation and integrity. The likeliness of forensic science personnel obtaining the greatest evidential value from the submitted evidence is increased when proper collection techniques are followed. 2. Remember that you may be a potential source of contamination; therefore, it is crucial to wear latex or nitrile gloves when handling evidence. Keep in mind to change gloves between handling different items of evidence. Also, avoid excessive talking, sweating, coughing or sneezing over items of evidence that may be subjected to DNA analysis. DIRECTIVE

12 B. Packing Guidelines 1. Each piece of evidence should be packaged separately to avoid cross contamination. If the potential for cross contamination does not exist, like items may be packaged together (e.g., inked elimination prints, latent print lifts from a specific collection area). Evidence should be packaged in their entirety. This will protect from further contact with other objects and to possibly prevent loss of trace evidence. 2. Use new packaging material when preparing evidence to be submitted to the OFS, Evidence Intake Unit. This will avoid the possibility of the evidence encountering a contaminant within the previously used material. Packaging material is available in a variety of shapes and sizes. Choose a size that is appropriate for the evidence (e.g., coin envelopes for trace items). a. Appropriate packaging includes, but is not limited to: 1) Paper bags 2) Envelopes 3) Sturdy cardboard boxes 4) Plastic bags 5) Metal cans 6) Glass vials 3. Paper material is suitable for a variety of evidence given its porous property which allows residual moisture to escape. Paper bags are appropriate to use when submitting clothing evidence. Paper envelopes are the preferred material when submitting trace samples or swabs. 4. Cardboard boxes work well for large and bulky items (commonly used for firearms and knives). Cardboard (excluding those with a wax coating) is a porous material like paper and will allow residual moisture to escape. 5. Plastic is a suitable packaging material given its strength and transparent nature which allows laboratory personnel to easily observe the contents. Plastic bags are preferred for most drug items; however, it is not appropriate for all types of evidence. Things to remember with plastic is static electricity can make those fine powder items difficult to remove and moisture will be trapped sometimes causing deleterious change to occur if the submitted evidence was not dry (e.g., wet biological material will become moldy within a plastic bag). a. Only use plastic if you are certain the evidence is dry, or as a temporary storage container for wet biological evidence that may soak through paper packaging. Wet biological evidence, temporarily stored in plastic, must be transferred immediately to the OFS for it to be properly dried. DIRECTIVE

13 6. New and clean paint-like lined metal cans with tight fitting friction lids are the standard packaging preference for volatile materials. The metal can traps the vapors inside, preventing evaporation. Most commonly encountered samples submitted in metal cans are flammable liquid accelerants found in fire debris (e.g., lighter fluid, gasoline). 7. Glass containers are ideal for packaging liquid samples (e.g., clandestine laboratory samples or subsamples of liquid from an open alcohol container, if deemed probative). Ensure that the glass container has a well-fitted top. Once the evidence is contained within the glass container, make certain it is protected from breakage and/or leakage. 8. Regardless of the packaging, all evidence must be properly sealed with either tamperproof evidence tape or heat sealing. The collecting/packaging officer s initials and date must be placed in permanent ink across an edge of the tape/seal in a manner that partially covers the tape and packaging. 9. For more specific packaging instructions or for other questions related to evidence collection, packaging or submission, contact the Office of Forensic Science. C. Evidence Categories 1. Alcohol (liquors, malt beverages, wine, etc.,): a. If analysis is required, approval will be obtained from OFS management prior to the evidence being submitted. Contact the Laboratory Manager or Supervisor of the OFS Chemistry Unit at (215) XXX-XXXX/XXXX between 8:00 AM and 4:00 PM prior to submission. b. Samples will be taken from open container(s) only. Factory sealed containers will not be opened for sampling or submitted to the OFS, unless there is a probative non-routine analytical request, such as product poisoning/tampering. This must have prior approval by OFS management. The samples will be delivered to the EIU in an appropriate leak proof container, such as a glass sample jar. The original alcohol container will be retained in proper storage by the ECU. *1 NOTE: Any alcohol taken into police custody must be placed on a Property Receipt and will be temporarily stored at the designated and secure temporary evidence location. See Section 5 of this directive for a list of approved areas. DIRECTIVE

14 2. Ballistic Evidence (Fired Cartridge Cases (FCC s) and projectiles): a. May be delivered to the OFS/EIU immediately or placed in the Detective Division s narcotic drop safe until the scheduled delivery to the OFS/EIU, in accordance with the below procedure: 1) FCC s will be placed in a ballistic evidence envelope and the appropriate information completed on the envelope documenting the property receipt number, district control number, and the number of ballistic evidence submitted (ex: 5 FCC s, 1 projectile). 2) Projectiles and FCC s containing biohazards will be clearly identified on the property receipt and ballistic evidence envelope. 3) The completed property receipt will be stapled to the ballistic evidence envelope. 4) Detective Divisions will create a separate FCC Control Log Book similar to the Narcotics Control Log. The log will be completed prior to the FCC s being deposited into the safe. 5) Evidence will be transported to OFS/EIU between Monday and Friday during daywork tour, unless an alternate delivery schedule has been arranged between the Detective Division and the OFS. NOTE: The drop-safe procedure ONLY pertains to FCC s and projectiles. Firearms and live ammunition must be immediately taken to OFS/EIU by the confiscating officer in accordance with this directive. NOTE: Additional supplies of ballistic evidence envelopes are available at FIU upon request. 3. Biological Evidence: See the OFS Guide for Collecting and Preserving DNA Evidence for more detailed information. a. Stained object: If possible, collect the entire item. A swabbing or cutting should be submitted when the item cannot be submitted due to size, shape or hazardous nature. If swabbing, collect as much stain onto as few swabs as possible. If cutting, collect as much of the stain as possible. b. Clothing or fabric: Package each article separately in paper packaging. Plastic may be used if item would soak through the paper packaging. In this case, place the item in the paper package and then into the plastic container. DIRECTIVE

15 EXCEPTION: Clothing contaminated with flammables, caustic or corrosive materials must be placed in a sealed arson evidence bag or paint can. c. Touched items: Items, where there is no obvious stain, but is suspected of coming into close contact with an individual s mouth or person (such as cigarette butts, drinking containers, etc.,) should be packaged separately. A swabbing may be submitted when the item cannot be submitted due to the size, shape, hazardous nature of the item, or if it determined that the item after swabbing has no probative value. d. Sexual Assault Collection Kits: All evidence must be accompanied by a Sexual Assault History Form. Stranger Rapes must be documented by the appropriate UCR code. *2 1) Sexual Assault Collection Kits (SAK) with consent for analysis from a Health Care Facility: Upon notification by a health care facility: a) All evidence will be collected by the Special Victim s Unit within seventy-two (72) hours and placed on a Property receipt (75-3). b) The SAK and a legible copy of the medical examination report shall be submitted within fifteen (15) days, to the PPD Office of Forensic Science (OFS), and the Evidence Intake Unit (EIU) for analysis within OFS/Criminalistics Unit. The medical examination report shall be affixed to the SAK. 2) Anonymous (Non Consent for Analysis) Sexual Assault Collection Kits received from a Healthcare Facility: Upon notification by a health care facility: a) All evidence will be collected by the Special Victim s Unit within seventy-two (72) hours. b) The will be coded Investigation, Protection, Medical Examination of Injuries. c) The health care facility will be identified as the Complainant and the unique tracking number assigned to the kits by the health care provider will be inserted into the body of the d) The District Control Number will be provided to the health care provider. DIRECTIVE

16 e) The Property Receipt (75-3) will be marked For Investigation. e. Fingernail scrapings/clippings: Package left and right hand scrapings/clippings separately. If possible, place evidence within a paper fold and then within a sealed envelope. f. Hair: Place suspected hair sample within a paper fold and then within a sealed envelope. g. Body tissues: Suspected body tissues shall be placed in sample jars. h. Bones/teeth: Suspected bones or teeth shall be placed in a paper envelope, paper bag or cardboard box, as appropriate based on size. Plastic may be used, if the item is wet and would soak through the paper packaging. In this case, place the item in the paper packaging and then into a plastic container. i. Feces/Urine: These samples will not be accepted as evidence without OFS management approval. 4. Biological Reference Standards: See the OFS Guide for Collecting and Preserving DNA Evidence for more detailed information. The reference sample must be placed in a paper envelope or approved reference sample packaging envelope/container. The envelope/container must be sealed and labeled with subject s name, DOB, race, gender, DC#, and name of person collecting sample. Each biological reference sample must be placed on a separate property receipt. a. Buccal swab: At least two (2) buccal swabs or one (1) Bode buccal collector must be collected from a known individual as a reference sample. b. Blood: One (1) tube of blood (purple top tube) or a dried bloodstain card. c. Tissue/fetal sample: inch sample within sealed sample jar. d. Indirect reference: In situations where a direct sample cannot be collected from an individual, an indirect sample may be appropriate. Personal items, such as a tooth brush or razor, may be appropriate indirect samples. Contact the OFS, Criminalistic Unit for guidance when considering indirect samples. NOTE: If collecting a voluntary DNA reference sample, the Consent to Search Form DNA Sample must be completed and submitted with the item. NOTE: When collecting a reference sample as the result of a CODIS Hit, the Property Receipt must be marked CODIS Hit Reference EXPEDITE. DIRECTIVE

17 5. Compressed Gas Cylinders: If analysis is required, and after being placed on a property receipt, cylinders will be transported to the OFS by the City s contracted vendor, Clean Ventures, Inc. Officers confiscating any compressed gas cylinders will contact Police Radio. Police Radio will contact Clean Venture, Inc., at (856) XXX-XXXX, who will send a trained technician to inspect and safely transport the cylinders. a. When an arrest is made and analysis is required, such as in the case of suspected Nitrous Oxide, the arresting officer(s) will follow the truck from Clean Venture to the OFS to ensure the chain of custody is maintained. The officer(s) will complete the necessary paper work at EIU and sign the paper work for the Clean Venture technician which is to be attached to the case file to be forwarded to OFS, Chemistry Unit. Cylinders will be disposed of after the case is adjudicated from the court system based on OFS policy. All large Compressed Gas Cylinders that cannot be stored at OFS, after being inspected and made safe, will be transported to the Police Warehouse, 660 East Erie Avenue for storage. NOTE: Personnel that come into contact with any Compressed Gas Cylinder will use extreme caution and notify a supervisor. If the cylinder appears to have been breached and is possibly leaking, personnel will notify Police Radio immediately. The Bomb Disposal Unit will respond and assist personnel in the safe handling of the cylinder. b. Under the following circumstances the assigned officer s supervisor will sign the paper work for the Clean Venture technician, forward said paper work to the OFS Chemistry Unit and allow the Clean Venture technician to transport the cylinder to his approved disposal location: 1) If no arrest is made or no charges for the cylinder will be applied. 2) If the cylinder is found to be empty. 3) If the cylinder is deemed to be unsafe and an imminent danger by the Clean Venture technician due to damage or condition of cylinder. 6. Documents: Sealed in paper bag or envelope. Each item will be listed as either standard or questioned document. If required, each property receipt should note, Guard for Prints, Guard for PRINTS and DNA, or Guard for Impressions. If it contains biological stains, refer to Biological Material. NOTE: If the item is Guard for Impressions, care must be taken to avoid altering the surface of the document. Avoid writing on the packaging envelope once the document has been placed inside the envelope to avoid inadvertent impression transfers to the evidence. DIRECTIVE

18 7. Fire Debris Evidence and Explosives: a. Evidence for fire debris analysis will be submitted in closed, sealed metal carrier cans on a property receipt. Liquids are to be placed in labeled evidence jars and secured to prevent breakage. Clothing requiring flammable vapor residue analysis is to be packed in a sealed arson evidence bag or carrier can. 1) Explosives: Small specimens submitted ONLY by Bomb Disposal Unit with prior approval from the Director, Office of Forensic Science at (215) XXX-XXXX. Place sample in a screw cap jar or other appropriate container marked with DC #. Samples should be placed on a property receipt prior to submission to the OFS. 2) Explosive materials, after analysis, when no arrest is involved, may be photographed and destroyed in accordance with instructions of the Director, Office of Forensic Science, after consultation with the assigned Fire Marshall s investigator or Commanding Officer of the Bomb Disposal Unit. 3) Explosive materials, after analysis, when an arrest is made, may be photographed. A small sample will be retained and stored and the remainder will be destroyed in accordance with instructions of the Director, Office of Forensic Science, after consultation with Commanding Officer of the Bomb Disposal Unit and District Attorney s Office. 8. Firearms and Firearms related evidence: a. Firearms related evidence includes ALL weapons designed or modified to fire (including "zip" gun, converted starter pistols, etc.,), ammunition, projectiles and casings. OFS/FIU does not accept explosive devices or bulk black powder. b. The proper procedures for handling firearms in Directive 4.1, Responsibilities at Crime Scenes Section 3-C, must be followed, including checking the firearm PRIOR to transport to the OFS to ensure that it is unloaded and in safe condition. c. All firearms and ammunition will be taken immediately to the Office of Forensic Science/Evidence Intake Unit (OFS/EIU), after being processed by the appropriate Detective Division, by the police officer who took initial custody. No firearm or ammunition will remain in the custody of the officer or be stored in any district/unit for any reason. (PLEAC 3.6.1e) d. All firearm submissions must be accompanied by a Gun Tracking Form and must have been entered into the Firearms Analysis System (FAS) prior to submission (Directive 5.27, Firearms Appendix A ). DIRECTIVE

19 NOTE: Weapons discharged by a Police Officer do not have to be entered into the FAS system. e. Firearms should be submitted inside an appropriate sized cardboard box. Cardboard boxes for both handguns and long guns are available for packaging. f. A firearm recovered from water shall be placed in a leak proof container of the same water. g. Ammunition, bullets, cartridges, cartridge cases, and bullet fragments will be packaged in a paper envelope, paper bag, or evidence bag. NOTE: The "Taser" device, which actually shoots darts, is considered a firearm. h. All live ammunition will be taken to the EIU for examination by FIU before being transferred to the ECU for storage. i. Firearms will be available at the ECU if they are required for court presentation. 9. Food Contamination: a. If connected to a possible criminal case, contact the Laboratory Manager or Supervisor of the OFS Chemistry Unit at 215 XXX-XXXX/XXXX between 8:00 AM and 4:00 PM prior to submission. b. If evidence is to be submitted it should be sealed in a leak proof container, such as a glass sample jar to prevent leakage or exposure. If the contamination is suspected of being drug related, clearly state in the circumstances which drug(s) are suspected. 10. Fracture Match Evidence: a. Submit pieces separately from one another. Each piece must be secured in an appropriately sized protective container and sealed. Pieces to be compared should be listed as separate items on the same Property Receipt (75-3) with a detailed description of the exact locations of recovery. 11. Latent Prints Objects: a. To the degree it is possible; items should be packaged separately in paper bags or containers that protect the object to be examined, i.e., cardboard box, metal or plastic containers. Care must be taken to minimize handling of the item and any contact with the surface of the item(s) that may be probative for prints. Mark packaging, Guard for PRINTS or Guard for PRINTS and DNA. DIRECTIVE

20 NOTE: Any evidence suspected of containing biological material must be properly labeled and packaged according to the OFS Guide for Collecting and Preserving DNA Evidence. 12. Latent Prints Lifts: a. Each latent print lift must be listed on a Property Receipt as an individual item. As with all items, the exact location of the collection must be clearly documented on the property receipt. Latent print lifts recovered from the same location may be packaged together in an appropriate envelope or other suitable container, provided that each lift is clearly identifiable as to the location of recovery. 13. Narcotics/Drug Evidence: a. Controlled Substances/Drugs must be submitted in Department-approved clear plastic heat-sealed bags with label attached. Drugs that are too large for department approved bags will be secured inside a cardboard box, a plastic bag or other suitable container with label attached and taped closed with evidence tape and signed by the submitting officer. (Refer to Directive 5.1, Investigation of Controlled Substances ) b. For comprehensive issues relating to drug submissions refer to Directive 5.1, Investigation of Controlled Substances. 14. Poison and Unknown Chemicals: a. If connected to a possible criminal case, contact the Laboratory Manager or Supervisor of the OFS Chemistry Unit at (215) XXX-XXXX between 8:00 AM and 4:00 PM prior to submission. b. If evidence is to be submitted, it must be sealed in a leak proof container, such as a glass sample jar, evidence can or heat sealed pouch. Contact OFS/Chemistry for directions on packaging. c. Fertilizers and/or plant food chemicals will NOT be accepted by the OFS. If disposal is required, the confiscating officer must contact Police Radio. Police Radio will contact Clean Venture, Inc., at (856) XXX-XXXX, the City of Philadelphia s hazardous waste disposal contractor. NOTE: If the fertilizers/chemicals are believed to be associated with the production of explosive compounds, immediately contact the Bomb Disposal Unit and the Office of Forensic Science. DIRECTIVE

21 15. Sharps (knives, syringes, etc,): a. Package in appropriate container, such as an evidence can, cardboard box or evidence tube that will protect the integrity of the evidence, while providing protection from the sharp edge(s). b. Syringes: Accepted only from assault or homicide cases where it is the suspected instrument of crime. Items must be submitted inside an appropriate syringe evidence container or other acceptable sharps container. Prior approval from the OFS management is required for submission. NOTE: ALL other syringes will be placed inside a bio-hazard container located in each division for disposal.(pursuant to Directive 5.1, Appendix A, syringes will not be accepted as routine narcotics evidence). 16. Tool Mark Evidence: a. Examples: screwdrivers, wires, castings, sharp edged items, doorjamb sections, locks, etc., are to be wrapped individually with paper. Items are then placed in a sturdy cardboard box or heavy padded envelope. Castings shall be handled with caution due to their fragility. Property Receipts are to be clearly marked: TOOL MARK/OR CASTINGS. Boxes are to be marked on the top, side, and ends. Actual or suspected blood or bodily fluid contamination will be handled according to biohazard procedures. 17. Trace and Impression Evidence: a. Fibers, paint, and other fragments, etc., may be placed in a paper fold made from clean unlined paper or filter paper, folded and placed inside an appropriate sized envelope or container and sealed. b. Casts, such as plaster and silicone, should be secured inside a padded box or envelope to prevent breakage. NOTE: For any other item of evidence that requires forensic analysis, contact OFS for guidance on package and submission. 7. TRANSFER OF ITEMS TO STORAGE A. Commanding Officers will ensure that all property taken into custody is immediately processed and transferred to the proper storage facility. DIRECTIVE

22 1. Ballistic Evidence (Fired Cartridge Cases (FCC s) and projectiles) may be delivered to OFS/EIU immediately or placed in the Detective Division s Narcotics Drop-Safe until scheduled delivery to the OFS/EIU. 2. Firearms and ammunition will immediately be taken to the Office of Forensic Science/Evidence Intake Unit (OFS/EIU), after being processed by the appropriate Detective Division, by the police officer who took initial custody. No firearm or ammunition will, for any reason, remain in the custody of the officer or be stored in any district/unit. (PLEAC e) a. All weapons that are not capable of firing (no barrel, no cylinder, all internal parts missing, etc.,) including air rifles or starter pistols, which have not been altered, and simulated weapons (toy guns etc.,), are to be taken to OFS/EIU for examination by FIU before they will be accepted by the Evidence Custodian Unit. Normally, FIU does not accept electronic stun guns. 3. Jewelry (earrings, necklaces, pins, watches, costume jewelry, etc.,) taken into custody must be photographed at Records and Identification Unit prior to submission. All photographs will be submitted along with the jewelry. If the confiscation and photographing occurs Monday-Friday, between the hours of 7:00 AM 5:30 PM, the jewelry will be taken to the Evidence Custodian Unit at City Hall. After hours, the jewelry will be taken to the Homicide Unit, Room 104, to be temporarily stored in the Evidence Drop Box. (PLEAC e) 4. Liquor or malt beverages, less samples, will remain in the district of occurrence. 5. Narcotics (dangerous), such as PCP and methamphetamines, will be taken immediately to the OFS/EIU for analysis. All other narcotics evidence will be temporarily stored in the Detective Division s Narcotics Drop-Safe until the scheduled delivery to the OFS/EIU. (See Directive 5.1 for details regarding batch transfers). (PLEAC e) 6. Perishable evidence, after analysis, will be photographed and may be destroyed at the direction of OFS management and in accordance with OFS evidence storage and destruction procedures. (PLEAC e) 7. Property of an excessive weight or bulk. a. Due to storage limitations, every attempt should be made to return items of excessive weight or bulk to the proper owner. These items may be photographed by the Records and Identification Unit, if needed, prior to returning it to the owner. b. The Commanding Officer of the district/unit from which the property receipt was issued will notify the owner (if known) of property of excessive DIRECTIVE

23 weight or bulk in writing within ten (10) days of the seizure to claim their property at the appropriate storage location. A copy of the memorandum will be sent to the Evidence Custodian Unit and will be affixed to the agency copy of the property receipt. (PLEAC g) c. For items of excessive bulk that do not fit in the secure evidence room and are not designated as being stored at any other location, such as: a single confiscation of 50 large boxes, a single confiscation of several large appliances, or a large amount of items seized from a tractor trailer, contact an ECU Supervisor during normal business hours (Monday through Friday, 7 a.m. to 6 p.m.) for further instructions. d. If the confiscation of any large bulk evidence occurs after hours, the pertinent Divisional Headquarters or Unit ORS will contact Police Radio (215-XXX- XXXX) notifying them of the confiscation. Police Radio will then notify an ECU Supervisor, that an after-hours drop-off is needed. After notification from Police Radio is made, an ECU Supervisor will contact the Divisional Headquarters or Unit ORS with further instructions. 8. All photographs taken will be forwarded to the ECU along with the property receipt (75-3). The property receipt number, DC#, date, time, place, description of property, and the name of the photographer will be noted on the back of the print by R & I personnel. 9. If it is not possible to return property immediately to the owner, the items will be stored in the temporary evidence storage room located inside each divisional headquarters for five days. If the property cannot be returned to the rightful owner within five (5) days (e.g., owner deceased, arrested, unknown, etc.,), it will be submitted to the appropriate storage agency. Contact the Evidence Custodian Unit at 215-XXX-XXXX. 10. Found property will be returned to the owner if they can be located. Otherwise, the property will be transferred to the proper storage agency. *2 11. Anonymous Sexual Assault Kits received from any health care facility will be stored as evidence in one of the climate controlled rooms of the Evidence Custodian Unit (ECU). If a victim consents to testing, then the Special Victim s Unit shall request that the evidence be transferred to the Office of Forensic Science (OFS). B. Evidence will be transferred to the storage agency by the officer who took the initial custody. Narcotics evidence stored in the Detective Division s Narcotics Drop-Safe will be transported by the assigned divisional transport officer. C. The Evidence Custodian Unit will transport evidence from the Divisional/Unit Evidence Drop Boxes and Secure Evidence Holding Room, Monday-Friday, on the DIRECTIVE

24 daywork tour of duty. 8. EVIDENCE INTAKE PROCEDURE A. All property/money confiscated or collected by any police employee must be submitted to a designated evidence storage facility by the end of their tour of duty. Located inside each divisional headquarters, Narcotics Strike Force, Narcotics Field Unit, City Wide Vice, and the Homicide Unit is a secure evidence drop box and a secure evidence holding room which will serve as the temporary storage location for all property not *1 designated as being stored at any other agency as indicated in this directive. Any supervisor serving as an Operations Room Supervisor (ORS) within a temporary evidence location is designated as an Assistant Evidence Custodian when serving in that assignment. *1 B. The Operations Room Supervisor serving as the Assistant Evidence Custodian, wherein the Divisional Headquarters are located, (1 st, 9 th, 15 th, 18 th, 24 th, and 35 th ) is responsible for receiving, cataloging, and temporarily storing the property/money. C. Access to the evidence room will be limited to supervisors who serve in the capacity of operation room supervisors. A list of all supervisors who are authorized access to the safe and the evidence storage room will be kept within the divisional/unit storage site, the Evidence Custodian Unit, and the Office of Strategic Planning [PPD 2020]. The list will be updated immediately when there are personnel changes and the new list forwarded to the appropriate units. D. Two keys will be issued to each storage location, one will be retained by the Commanding Officer in a secure location and the other will be retained by the ORS. At the beginning of each tour of duty, the incoming ORS will take physical custody of the key from the relieving ORS, documenting the exchange on the Sending and Receiving Sheet (S&R). A third key will be retained by the Evidence Custodian Unit. No one is authorized to make a copy of the key and if the key is misplaced/lost, notify the pertinent Commanding Officer and the ECU immediately. E. When evidence is confiscated by Police District personnel and other Special Units (SWAT, Highway Patrol, Traffic, etc.,), the confiscating officer and their immediate supervisor will ensure that the evidence is inventoried, placed on a property receipt, and submitted to the police district ORS wherein the Divisional Headquarters are located no later than the end of the employee s tour of duty. F. When evidence is confiscated by Narcotics Field Unit, Narcotics Strike Force, City Wide Vice, or Homicide personnel, the confiscating police officer/detective and their immediate supervisor will ensure that the evidence is inventoried, placed on a property receipt, and submitted to the unit ORS no later than the end of the employee s tour of duty. DIRECTIVE

25 G. The Divisional or Unit ORS will: 1. Inventory the evidence submitted to ensure all items are accounted for and listed on the property receipt. a. If an item is not listed, add the item onto the receipt and have the submitting officer initial next to the change. b. If an item is listed on the property receipt and needs to be removed such as jewelry or money, which requires a separate receipt, lineout the entry, have the officer initial the change, and issue the officer another receipt for those items. Personnel will ensure to list the additional (new) property receipt number on the original property receipt. 2. Verify that the evidence was received by noting on the property receipt received. Confirm with your initials and badge number along with the date and time received in the items section of the property receipt. 3. The submitting Officer will also confirm the ORS s notation by placing their initials and badge number in the items section of the Property Receipt. 4. Stamp all four (4) copies of the property receipt with the Received stamp in the Transferred to Evidence Custodian/Collector section. 5. Stamp the back of the Final Disposition copy of the property receipt with the Submitting Officer stamp. Complete all information where indicated. 6. Return the District Receipt and Arresting Officer copy of the property receipt to the submitting Officer. 7. Package and label the evidence in a secure manner using the following guidelines. H. Guidelines for packaging submitted property are as follows: 1. Keep in mind, when packaging evidence that the goal is to protect the items from the loss of evidentiary value from cross contamination or unintentional obliteration, while permitting uniform storage of like sized envelopes, boxes, or bags. Select packaging material from the supplies provided to ensure uniformity. Any deviation in packaging methods will be refused and the on duty ORS will be required to correct the issue by repackaging the property. NOTE: Evidence packaging will be provided by ECU and replenished upon evidence pickup at the Division/Unit. DIRECTIVE

26 2. Each evidence package or item must be identified with the associated property receipt number, district control number, date and time found, confiscating officer s name and payroll number, and a description of the item. a. Small items (e.g., keys, small folding knives, cell phone, identification cards, etc.) can be placed in a small evidence envelope. b. Larger or numerous items (e.g., clothing, small loose tools, drug paraphernalia, etc.,) will be placed in the appropriate size plastic evidence bag. c. Items that are not practical to place into a plastic evidence bag (tools boxes, computer equipment, crutches, etc.,), will have a white adhesive label or an evidence tag indicting the property receipt number, securely affixed to each item. d. Knives, razors or other cutting instruments will be handled carefully and packaged with the blade wrapped in cardboard and secured by duct tape then placed into the appropriate storage container. NOTE: In order to not compromise any latent prints or genetic material possibly needed for future forensic testing, duct tape will NOT BE placed directly on the blade of a blood-stained knife. e. Thin items (e.g., papers, mail, larger knives wrapped with cardboard) can be placed in a large manila envelope. f. Property contaminated with blood or other bodily fluids will be handled with disposable gloves, packaged, and sealed carefully. Place a bio-hazard label on any items that have or are suspected of having any bodily fluids. g. Jewelry will be placed in a small evidence envelope along with the photo. I. Securing the Evidence 1. After the evidence is securely packaged and properly identified, the ORS will record the property on the Evidence Receipt Log and place the item into the Evidence Drop Box or Evidence Room. 2. The associated property receipts will be held in a secure location at the ORS s desk until the Evidence Custodian Unit picks up the evidence. 3. The Original Evidence Receipt Log will be submitted to the ECU along with the property and a copy of the log will be retained and filed by the Divisional ORS. 4. Immediately after the ECU picks up the evidence, the ORS will return the stamped District Receipt Copy to the appropriate district or unit. DIRECTIVE

27 J. Evidence Custodian Unit personnel will: 1. Pick up evidence Monday through Friday, on the daywork tour of duty, except holidays. 2. Evidence Custodian Unit (ECU) personnel, along with the Divisional or Unit ORS, will inventory and compare the contents in the Evidence Drop Box and the secure evidence holding room against the Evidence Receipt Log. Both the ORS and ECU pickup officer will initial the log after each item is inventoried. 3. ECU personnel will stamp the District Receipt copy of the property receipt and return to the Division/Unit ORS. 4. Deliver the evidence, along with the original Evidence Receipt Log to the Evidence Custodian Unit. 9. CASH INTAKE PROCEDURE A. When currency is confiscated, the confiscating officer and their immediate supervisor will ensure, when practical, that the currency is counted at the scene of the confiscation, and when possible in the presence of the person who is surrendering the currency and then processed to the pertinent divisional headquarters. All currency will be counted by the confiscating officer(s) and the divisional ORS, processed and placed into the divisional safe. This procedure will be followed in both arrest and non-arrest cases, regardless of which unit is responsible for processing the arrest. NOTE: In most cases, currency will no longer be transported directly to the Evidence Custodian Unit at City Hall, Room 715, by the confiscating Officer. Instead, under the procedures outlined in this section, confiscated currency that qualifies will be deposited into Divisional Money Safes that have been placed in all Divisional Headquarters Operations Rooms as well as Narcotics Field Unit and Strike Force Headquarters. B. Currency that is confiscated by Narcotics Field Unit or Strike Force personnel will be submitted immediately to the Unit ORS for counting, processing and deposit into the Divisional Money Safe. C. All Police Districts and other Special Units (SWAT, Highway Patrol, Homicide, etc.,) will immediately submit the confiscated currency to the pertinent divisional headquarters district ORS for counting, processing and deposit into the Divisional Money Safe. DIRECTIVE

28 D. There are two (2) exceptions to the rules in paragraphs 9-B & C: 1. Single seizures by the Narcotics Field Unit or Strike Force of over $20, after processing, will be transported directly to the Evidence Custodian Unit, City Hall, Room 715, twenty-four (24) hours a day, seven (7) days a week. 2. Single seizures by any Police District or other Special Unit of over $5, after Processing, will be transported directly to the Evidence Custodian Unit, City Hall, Room 715, twenty-four (24) hours a day, seven (7) days a week. NOTE: For deliveries that cannot be made during normal business hours (Monday through Friday, 7 a.m. to 6 p.m.), Police Radio will be contacted (215-XXX-XXXX) by the pertinent Divisional Headquarters District, Field Unit or Strike Force ORS who processed the confiscated currency. Police Radio will then notify an Evidence Custodian Unit Supervisor that an after-hours delivery is needed. After notification from Police Radio is made, an Evidence Custodian Unit Supervisor will contact the Divisional Headquarters District, Field Unit or Strike Force ORS to coordinate the delivery. E. The Divisional Headquarters District and Unit Supervisor, when receiving confiscated money will: 1. Count and verify the amount of currency received by noting on the property receipt Received $xxxx.xx USC and confirm with their initials, badge number, date and time received in the items section of the property receipt. 2. The submitting officer will also confirm the ORS s note by placing their initials and badge number in the items section of the Property Receipt. 3. Stamp all four (4) copies of the Property Receipt with the Received stamp in the Transferred to Evidence Custodian/Collector section. 4. Stamp the back of the Final Disposition copy of the Property Receipt with the Submitting Officer stamp. Complete all information where indicated. 5. Return the District Receipt and Arresting Officer copy of the Property Receipt to the submitting Officer. 6. Prepare a deposit bag listing all pertinent information. Affix signatures (not initials) in the space provided. 7. Place the currency, along with the two (2) remaining copies of the Property Receipt (Agency and Final Disposition) into the deposit bag. Seal the bag and record the pertinent information on the Divisional Money Receipt Log. DIRECTIVE

29 NOTE: All required stamps, deposit bags and Divisional Money Receipt Logs will be supplied by the Evidence Custodian Unit. F. Evidence Custodian Unit personnel will: 1. Pick up deposited money on the daywork tour of duty. 2. Retrieve any deposited money and along with the ORS, will inventory and compare the contents in the safe against the Money Receipt Log. Both the ORS and ECU pickup personnel will sign the log after each item is inventoried. 3. Deliver the sealed bags, along with the original Money Receipt Log to the Evidence Custodian Unit, Room 715, City Hall. *1 4. ECU personnel will ensure all computerized updates regarding money confiscated, counterfeit or returned currency, are made in a timely manner. *1 5. ECU Personnel will deposit money according to their units SOP. NOTE: A copy of the Money Receipt Log will be given to the ORS to be retained and filed. G. If the money will be needed at a later date for court presentation or further investigation, the confiscating Officer should contact an Evidence Custodian Unit supervisor at 215-xxx-xxxx for processing information. Foreign currency, coin collections, etc., should be identified as NOT FOR DEPOSIT in bold print on the Property Receipt(s). H. Counterfeit Currency 1. Personnel will adhere to the Cash Intake Procedure, found in Section 9 of this directive when handling Counterfeit Currency. Personnel will note, on the Property Receipt, Counterfeit Currency to ensure ECU personnel can separate it from authentic United States currency. *1 a. Commanding Officers can obtain Counterfeit USC Detection Pens by submitting a memorandum to the Commanding Officer, Evidence Custodian Unit. The memorandum must include the amount of pens being requested. NOTE: If the Counterfeit currency is evidence, an additional note will be placed on the property receipt to ensure it is retained as such. 2. ECU personnel will ensure all Counterfeit Currency, if not utilized as evidence, is transported to the Secret Service Office. DIRECTIVE

30 NOTE: Secret Service Office, 600 Arch Street, Suite 7236, Philadelphia, PA, 19106, Phone number 215-XXX-XXXX, Monday through Friday 8:00 a.m. to 8:00 p.m. I. Discrepancies 1. When the Divisional Headquarters District/ Narcotics Field Unit/Strike Force Operations Room Supervisor receives a Property Receipt for money and the total listed is NOT consistent with the amount of money received, the following steps will be taken: a. The ORS will correct all copies of the Property Receipt using a single line strike out and the accurate information will be entered. The ORS and submitting officer will initial with badge number and date any corrections. b. On the Money Receipt Log, place a check mark in the NO box under the Amount Consistent with Property Receipt. 2. If a miscount or counterfeit money is detected AFTER being received at the Evidence Custodian Unit, the following action will be taken: a. Miscounts - An Evidence Custodian Unit supervisor will verify, copy, correct, and initial with badge number the miscounted total on the original Property Receipt and modify the incorrect total posted in the mainframe Property Receipt File (PRFE). A copy of the corrected Property Receipt, along with a memorandum will be forwarded to the submitting officer s Commanding Officer to request an investigation regarding the discrepancy. b. Counterfeit - In the event a counterfeit bill is found after submission, an Evidence Custodian Unit supervisor will verify, adjust and initial with badge number, the new total deposit on the original Property Receipt and modify the total posted in the mainframe Property File. 1) The counterfeit money will be taken by ECU personnel to the Secret Service Office. A copy of the corrected property receipt and a memorandum will be forwarded to the Commanding Officer, District of Occurrence, for information and necessary action. NOTE: Secret Service Office, 600 Arch Street, Suite 7236, Philadelphia, PA, 19106, Phone number 215-XXX-XXXX, Monday through Friday 8:00 a.m. to 8:00 p.m. *1 3. If counterfeit money is detected after being received at the bank or money processing center (e.g., Brinks or Garda), the following action will be taken: DIRECTIVE

31 *1 a. The bank and/or money processing center will confiscate the currency and turn it over to the United States Secret Service. The bank and/or money processing center will notify the ECU of the counterfeit currency. *1 b. The ECU Money/Forfeiture supervisor, upon notification by the bank and/or money processing center of counterfeit currency, will notify Police Finance by preparing a memorandum describing the discrepancy and the counterfeit currency. The ECU Money/Forfeiture supervisor will be responsible to update all pertinent paperwork and/or computer entries, if necessary. J. If money taken in one police action is a combination of regular, and mutilated or contaminated money, a separate property receipt will be prepared for each category, regular and mutilated/contaminated. The Property Receipt must clearly indicate the circumstances and condition of the currency, along with any necessary advisory precautions. EXAMPLE: A robbery suspect, who has been shot, is arrested and found to be in possession of $ USC. $ of that currency is saturated in blood, $80.00 is glued together and $20.00 is regular. Two (2) property receipts are required, one for the contaminated (bloody)/mutilated (glued) money and one for the regular money. 1. Examples of contaminated money: blood, feces, urine, and other bodily fluids. 2. Examples of mutilated money: burned, stained from a dye pack, torn in little pieces, less than 51% of a bill, or glued together. 10. DISTRIBUTION OF PROPERTY RECEIPT (75-3) A. Each ORS will ensure that the property receipt (75-3) is distributed as follows: 1. District Control Copy - will be kept in the issuing district/unit. a. The Commanding Officer will retain this copy in the file, which represents property which has not been transferred to a storage agency or returned to the owner. 2. City Controller's Copy - will be sent to the ECU. 3. Agency Copy - will remain with the property wherever it is stored. If property is transferred from one place to another, the "agency" copy is always transferred with the property. When the property is disposed of, the type of disposition is noted on the "agency" copy, along with all the required signatures. After final disposition of the property, the "agency" copy will be sent to the ECU where it will be kept on DIRECTIVE

32 file. NOTE: In the event the agency copy is lost or misplaced (before the property is taken to the storage agency), the original district control copy (white) will serve as the agency copy. A photocopy will then replace the original district control copy in the district/unit files. A memorandum from the Commanding Officer of the employee s district/unit outlining the circumstances surrounding the loss or misplacement of the property receipt (75-3), will be submitted with the District Control Copy and the property to the ECU. The ECU will not accept photocopies of Property Receipts under any circumstances. EXCEPTION: The "agency" copy, after final disposition of the contraband in all cases listing narcotics that have been destroyed and after required signatures have been affixed, will be retained in the pertinent Chemical Laboratory case file. 4. Final Disposition Copy - will remain with the agency copy and the property until disposition of the property. When the property is disposed of, the type of disposition will be noted on the "final disposition" copy along with all the required signatures (same as "agency" copy). After disposition of the property, the "final disposition" copy will be forwarded to the ECU. 5. District Receipt Copy - will remain with the property until it is turned over to the permanent storage agency. When the storage agency receives the property, the "district receipt" copy will be stamped and initialed by an authorized employee at the agency and returned to the police officer delivering the property. The officer will return this copy to the Commanding Officer of the district/unit where they obtained the property receipt (75-3). The Commanding Officer will file the completed "district receipt" copy and the "district control" copy in the file for property/money no longer in the custody of police personnel. 6. Person Surrendering Copy - The person or their authorized agent from whom the property is confiscated or collected from will be issued the person surrendering copy of the Property Receipt. (PLEAC g) a. If a person refuses to sign or is unable to sign, type this information in the "Person from Whom Taken" block and indicate the reason why. *3 b. If a person or their authorized agent from whom the property is confiscated or collected is not physically present to receive a copy of the property receipt or the property receipt was not handed to the individual for whatever reasons, the Person Surrendering copy of the property receipt will be mailed First Class U.S. Mail to the address of the individual or their authorized agent. DIRECTIVE

33 c. When the property/money is returned to the person from whom it was initially taken, this copy, if available, must be surrendered with the acknowledgment of release portion signed by the recipient. 1) The release portion of the "agency" and "final disposition" copies of the property receipt must be signed by the recipient. If the property/money has not been transferred to the proper storage facility, then the release portion of the "district receipt" copy will also be signed. 2) The release of any property will be witnessed by a police supervisor who will sign their name and badge number in the applicable blocks of the property receipt. d. When completed, file the "person surrendering" copy with other receipts that indicate property is no longer in the possession of police personnel. 7. Arresting/Confiscating Officer's Copy - will be retained by the officer who took possession of the property for use in obtaining evidence for court presentation. 11. OBTAINING EVIDENCE FOR COURT A. To obtain evidence for court presentation, the police officer will report to the ECU and exchange the "arresting officer's" copy of the property receipt (75-3) for the evidence and the "agency" copy. Upon termination of that day's court, personnel will return the evidence and the "agency" copy to the ECU and exchange them for the "arresting officer's" copy. Evidence must be returned to the designated storage location every day after court by 6 PM unless the property is retained by the courts. If property is retained by the courts, personnel will follow the procedures found in 12-B of this Directive. NOTE: If personnel are unable to return evidence to the ECU by 6 PM, it must be transported to Central Division and secured in the Divisional Evidence Drop Box. A note will be placed on the evidence stating the reason why it has been stored there. The ORS will record this on the daily S &R. After the evidence has been stored, personnel will have no access to it until ECU personnel open the Drop Box. If the evidence is needed for court the following day contact ECU. All firearms will be stored at Firearms Identification Unit (FIU). 1. In situations where the confiscating officer is unavailable, the individual requesting the evidence must have a court order or prior approval from the ECU or OFS in order to retrieve the evidence. 2. If the confiscating officer does not have the arresting officer s copy of the property receipt (75-3), they must obtain approval from the ECU or OFS and DIRECTIVE

34 present a Withdraw of Evidence without a Property Receipt Form prior to the release of evidence. (See Appendix B) B. At the conclusion of the case, the officer will record on the reverse side of the "agency" copy, the Common Pleas Court (CP) or Municipal Court (MC) number, disposition, judge's and District Attorney's names. C. In all cases involving appeals and re-trials in which evidence was confiscated by the court at a previous trial, the officer will obtain the evidence from the ECU, CP, MC and/or a copy of the property receipt. D. OFS staff, requesting evidence from the ECU for the purpose of retesting or supplemental analyses, shall provide the ECU with a completed Withdraw of Evidence without a Property Receipt Form prior to obtaining the evidence. (Refer to Appendix B of this directive). 12. DISPOSITION ON ORDERS OF THE COURT A. Police personnel will not solicit or accept for their own use, evidence or property from any judge, court official, or other person. B. When property confiscated by the court and is removed from the official custody of the Police Department, the court officer (crier or clerk) will affix their stamp or signature in the space provided on the agency copy, signifying court custody. NOTE: Personnel MUST return the stamped and/or signed agency copy of the property receipt to ECU upon completing court to ensure proper documentation of the evidence confiscation. 1. If the court refuses to sign or stamp the property receipt, personnel will note the refusal on the agency copy of the property receipt along with the applicable CP or MC number, date, Judge s name, and court room number. C. When property is ordered by the court to be returned, the person to whom the property is to be released will be directed to report to the ECU along with the original copy of the court order or a certified copy of same. 1. The ECU will personally review the court order to ensure its validity. 2. The person claiming the property will be required to produce a valid form of photo identification (eg., a driver's license, birth certificate, employee ID with photo or similar form of identification). 3. If the court order is valid and the identification is sufficient, the ECU will return the property to the person after obtaining the required signatures on the pertinent DIRECTIVE

35 copies of the property receipt (75-3). D. When evidence is ordered by the court to be submitted for external forensic analysis, the OFS will handle the transfer of the evidence to the court-ordered forensic provider. This transfer will be conducted in compliance with appropriate protocols of the OFS and in compliance with the court order. 1. An original copy of the court order or a certified copy of the same must be provided to OFS. 2. The OFS, in consultation with the Legal Advisor to the Police Commissioner, will personally review the court order to ensure its validity. 3. The person claiming the property will be required to produce a valid form of photo identification, such as a driver's license, passport, an employee ID with photo or similar form of identification. 4. If the court order is valid and the identification is sufficient, the OFS will transfer the evidence to the person after obtaining the required signatures on the pertinent copies of the property receipt (75-3). The transfer will also be fully documented in compliance with all OFS protocols. 5. In the event that the court order requires the OFS to ship the evidence to an appropriate forensic provider, the OFS shall comply with the transfer, utilizing an appropriate mail service provider. The transfer shall be fully documented on the pertinent copies of the property receipt (75-3) and fully documented in compliance with all OFS protocols. E. Liquor evidence, including evidence held in declination cases, will be disposed of in April and September of each year: 1. Each district Commanding Officer will notify the ECU, via memorandum, of any liquor evidence stored in the district which can be disposed of. The memorandum shall include the disposition of the cases involved. 2. The ECU will prepare and submit a memorandum to the Police Commissioner requesting the institution of destruction proceedings. Upon approval by the Police Commissioner, the memorandum will be returned to the ECU. 3. Upon receipt of the approved memorandum, the ECU will ensure that the petition and order for destruction are properly prepared, signed by the Special Advisor to the Police Commissioner and filed with the court. 4. The ECU will ensure that any resulting court order for the destruction of the evidence is executed upon issuance. DIRECTIVE

36 F. Narcotics evidence, including evidence held in declination cases, will be disposed of as follows: 1. The Scientific Services Manager (SSM) will ensure that cases presently maintained by the Chemistry Laboratory are disposed of in accordance with the protocols established between the OFS and the District Attorney's Office. The SSM shall also obtain the approval of the Director, OFS prior to the final disposition of evidence. Special attention will be given to those cases having co-defendants listed. 2. When the determination to dispose of evidence has been made, the SSM will ensure that a petition and order for destruction are filed with the court through the District Attorney's Office. 3. The SSM will ensure that any resulting court order for the destruction of evidence is executed upon issuance. 13. DISPOSITION OF PROPERTY BY EVIDENCE CUSTODIAN (PLEAC g) A. The Evidence Custodian Unit (ECU) will inventory stored property on a regular basis. Where the inventory reveals property that has been stored for more than one year and not disposed of, the ECU will determine the district/unit responsible for initiating the storage of the property, and will then notify the district/unit Commanding Officer and simultaneously, the pertinent Chief Inspector via computer message. 1. All requests for the return of firearms held in police custody shall be made in writing to the Police Commissioner. The Detective Division shall be responsible for the investigation and processing of the request (PFA, Parole and Probation check). NOTE: Any person attempting to reclaim a firearm or any property will always be required to complete the transaction. 2. Within 30 days of receiving notification, the pertinent district/unit Commanding Officer will advise the ECU via computer message of the case status, including court disposition, if any, and one of the following three (3) determinations: a. No objection to disposal of property (this would apply to property such as a firearm which the owner cannot legally possess and to property for which the owner is unknown). b. Property can be returned to owner; owner has been so notified. (Attach a copy of the owner notification letter). c. Continue to hold property. (Include a specific reason why the property should DIRECTIVE

37 continue to be held) The ECU will not accept "hold" as the only reason to retain property. B. The ECU will be guided by the following requirements for release of property, excluding firearms, to an owner or agent or transfer of property to another agency (i.e., FBI, DEA, ATF, etc.,) in the absence of a court order. NOTE: Firearms will be released in accordance with Section 13-A-1 above. 1. Evidence - requires a memorandum/letter approved by the Chief Inspector of the arresting /investigating unit. NOTE: Applies to the rightful owner only. Other claimants must obtain a court order. 2. Property for Investigation - requires a memorandum/letter signed by the Commanding Officer of the submitting district/unit authorizing release of property. 3. Property for Safekeeping - requires the blue copy of the property receipt or a memorandum/letter signed by the Commanding Officer of the submitting district/unit stating that the bearer is the person from whom the property was taken and is authorizing release of the property. Contraband cannot be returned. 4. Found Property - may be returned to rightful owner by the recovering district. When the owner is unknown or cannot be located and one (1) year has passed from the date of recovery, the finder (other than police) may present the blue copy of the property receipt or a memorandum/letter signed by the Commanding Officer of the submitting district/unit authorizing the release of the property. NOTE: Due to a physical or medical reason, the owner or person from whom the property was taken may provide a designee with a notarized statement granting permission for the named designee to reclaim firearms classified as personal property for safekeeping on their behalf. The physical or medical excuse should be included in this notarized statement. A valid photo identification card will always be required during this transaction. C. ECU will initiate proceedings for the disposal of property as follows: 1. Property subject to escheat (any tangible property, other than contraband, having value.) a. The ECU will do a quarterly inventory of any tangible property of value for Escheat to the Pennsylvania Department of Treasury. 2. Property which can be destroyed (contraband and all property having little or no value). DIRECTIVE

38 a. The ECU will prepare and submit a memorandum through channels to the Police Commissioner requesting the institution of destruction proceedings. b. Upon approval by the Police Commissioner, the ECU will ensure that a petition and order for destruction are properly prepared and submitted to the Special Advisor to the Police Commissioner for filing with the court. c. The ECU will ensure that any resulting court order for the destruction of the evidence is executed upon issuance. 14. AUDITS AND INSPECTIONS (PLEAC 3.6.6) A. The Commanding Officer, Evidence Custodian Unit, will be responsible for annual inspections to determine adherence to procedures used for the control of evidence. B. Whenever transfer of the Commanding Officer occurs within the Evidence Custodian Unit, an inventory of property will take place by the newly assigned Commanding Officer and a designee of the Police Commissioner, to ensure that records are correct and properly documented. C. An audit will be conducted of all items and records, in compliance with the PLEAC Evidence Irregularity Audit Table, when there is reason to believe that the evidence has been tampered with, or if an evidence custodian has been removed for irregularities. D. An annual audit of property will be conducted by a designee of the Police Commissioner. E. One or more annual unannounced inspections of evidence and property storage areas are conducted by a designee of the Police Commissioner. 15. GUN BUYBACKS A. Any gun buyback initiated by any District/ Unit must be approved by the Police Commissioner. B. When a Commanding Officer of a District/Unit has planned a gun buyback or becomes aware of one (including those run by PDAC, elected officials, private persons, businesses, or other community groups), they will notify the below of the scheduled time and location of the gun buyback: DIRECTIVE

39 1. Commanding Officer, Detective Division 2. Commanding Officer, Firearms Identification Unit 3. Commanding Officer, Evidence Custodian Unit 4. Commanding officer, SWAT C. Day(s) of Buyback 1. Commanding Officer District/ Unit will: a. Provide sufficient coverage for the event. b. Assign an officer to take custody of the firearms turned over to the Police. The assigned officer will be responsible for placing the firearms on property receipt(s). Number each type of firearm seized along with a description and serial number if any of each firearm. (PLEAC c) 2. Commanding Officer, SWAT will: a. Provide an officer to ensure firearms are unloaded and safe prior to being transported to OFS/EIU or ECU. 3. Commanding Officer, Detective Division will: a. Assign a detective to run the serial numbers (if any) on all firearms turned in from the gun buyback. Any firearm in stolen status will be placed on a separate property receipt (All firearms submissions must be accompanied by a Gun Tracking Form and must be entered into the Firearms Analysis System (FAS) prior to submission (Directive 5.27, Firearms Appendix A ). b. Ensure all firearms from the gun buyback not in stolen status are placed on one property receipt (Use a continuation sheet if necessary). The Firearms Analysis System (FAS) report is not necessary. 4. Submission of Firearms a. Any firearm reported stolen must be placed on a separate property receipt. The firearm will be submitted to the OFS, Evidence Intake Unit. b. Firearms not in stolen status will be transported directly to the Evidence Custodian by the submitting officer during regular business hours (Monday through Friday 7AM to 6PM). During non- business hours the Commanding Officer, District/Unit will make arrangements with the Commanding Officer, Evidence Custodian Unit, to accept or retrieve the firearms turned in from the gun buyback. (PLEAC B) DIRECTIVE

40 c. Firearms submitted to the Evidence Custodian Unit from a gun buyback will be destroyed during a scheduled gun melting. BY COMMAND OF THE POLICE COMMISSIONER RELATED PROCEDURES: Directive 3.8 Domestic Abuse and Violence Directive 4.1, Responsibilities at Crime Scenes Directive 5.1, Investigation of Controlled Substances Directive 5.27, Firearms Directive 7.8, Adult Detainees in Police Custody PLEAC Conforms to the standards of the Pennsylvania Law Enforcement Accreditation Commission FOOTNOTE GENERAL# DATE SENT REMARKS * Additions * Additions * Addition DIRECTIVE

41 DIRECTIVE APPENDIX A