SUBCOURSE EDITION MP 2002 SEARCH, SEIZURE, AND TEMPORARY STORAGE OF EVIDENCE AND CONTRABAND

Transcription

1 SUBCOURSE EDITION MP 2002 C SEARCH, SEIZURE, AND TEMPORARY STORAGE OF EVIDENCE AND CONTRABAND

2 SEARCH, SEIZURE, AND TEMPORARY STORAGE OF EVIDENCE AND CONTRABAND SUBCOURSE NO. MP 2002 EDITION C United States Army Military Plice Schl Frt McClellan, Alabama Credit Hurs Editin Date: Nvember 1995 SUBCOURSE OVERVIEW We designed this subcurse t teach yu advanced supervisry skills fr the fllwing: identifying the prcedures fr cnducting a legal search and seizure; handling evidence prperly; establishing a temprary evidence strage facility. There are n prerequisites fr this subcurse. This subcurse reflects the dctrine which was current at the time it was prepared. In yur wn wrk situatin, always refer t the latest fficial publicatins. Unless therwise stated, the masculine gender f singular prnuns is used t refer t bth men and wmen. TERMINAL LEARNING OBJECTIVE ACTION: CONDITION: Yu will learn the advanced supervisry skills needed in identifying the prcedures fr cnducting a legal search and seizure and handling evidence prperly. Yu will have this subcurse, paper and pencil. i MP2002

3 TABLE OF CONTENTS Sectin Page Subcurse Overview...i Lessn 1: Searches and Seizures Part A: Prcedures Required fr Prcuring and Executing an Authrizatin t Search Part B: Prcedures Required fr Searching Peple, Vehicles, and Buildings Part C: The Plain View Dctrine Practice Exercise Answer Key and Feedback Lessn 2: Direct Evidence Handling Part A: Evidence Overview Part B: Evidence Cllectin Part C: Evidence Strage Part D: Evidence Dispsitin Practice Exercise Answer Key and Feedback Lessn 3: Temprary Evidence Strage Part A: Temprary Evidence Strage Cntainers Part B: Temprary Evidence Strage Security Practice Exercise Answer Key and Feedback APPENDIX: Definitins... A-1 MP2002 ii

4 THIS PAGE INTENTIONALLY LEFT BLANK iii MP2002

5 LESSON 1 SEARCHES AND SEIZURES Critical Task: OVERVIEW LESSON DESCRIPTION: In this lessn yu will learn t identify the prcedures t cnduct a legal search and seizure. TERMINAL LEARNING OBJECTIVE: ACTION: CONDITION: STANDARD: REFERENCES: Identify the prcedures t cnduct a legal search and seizure. Yu will have this subcurse, paper and pencil. T demnstrate cmpetency f this task yu must achieve a minimum scre f 70 percent n the subcurse examinatin. The material cntained in this lessn was derived frm the fllwing publicatins: AR 27-10, AR , AR 195-5, AR , FM 19-10, FM 19-20, MCM, and UCMJ. In Lessn 1, Searches-and Seizures, yu will discuss-- INTRODUCTION Prcuring and executing search authrizatins. Searching persns, vehicles, and buildings. The Plain View Dctrine. As a military plice duty fficer r cmmander, yu will be respnsible fr verseeing the searches and seizures made by yur persnnel. Searches must be cnducted in a lawful manner t detect the presence f any weapns, evidence, cntraband, and t ensure the admissibility f these items in a curt-martial. As the supervisr, yu must knw the laws and prcedures necessary fr cnducting searches and seizing evidence and cntraband. Since there are s many legal cnsideratins regarding searches and seizures, Army regulatins, field manuals, and case law, examples will be prvided. 1-1 MP2002

6 Fr yur reference, a list f definitins and acrnyms is prvided in Appendix A at the end f this subcurse. BACKGROUND INFORMATION Furth Amendment t the Cnstitutin The Cnstitutin f the United States is the basis fr many f the laws f the land. The Furth Amendment t the Cnstitutin specifically applies t searches and seizures: The right f the peple t be secure n their persns, huses, papers and effects, against unreasnable search and seizure, shall nt be vilated, and n warrant shall be issued, but upn prbable cause, supprted by ath r affirmatin, and particularly describing the place t be searched and the persns r things t be seized. The Supreme Curt has ruled that this amendment prtects a persn's privacy. This means that the gvernment cannt unreasnably intrude upn r invade a persn's privacy. The prtectin ffered by the Furth Amendment is applied t military search and seizures as well as civilian search and seizures. Private Party Searches The Furth Amendment des nt apply t searches cnducted by private individuals. The individual cnducting a private search must act in a purely private capacity. This case was tested in Burdeau v. McDwell, 256 U.S. 456 (1921). Mdern technlgy had an interesting effect n the utcme f a recent Army case. In U.S. v. Sullivan, 38 M.J. 746 (A.C.M.R. 1993), a neighbr's mnitring f accused's crdless telephne cnversatin was a private search t which the furth amendment did nt apply. Tape recrdings f the cnversatin were prperly admitted. Law enfrcement fficials, hwever, must be aware f the prvisins f 18 U.S.C. sectins 2510 and 2511 if they wish t intercept crdless telephne cnversatins as part f their investigatry activity. The mst recent revisin f 18 U.S.C. sectin 2510 in 1994 deleted the exclusin f crdless telephne cmmunicatin frm the term wire cmmunicatin. Law enfrcement fficials will nw be required t bserve all the prvisins f 18 U.S.C. sectin 2511 regarding interceptin and disclsure f wire, ral, r electrnic cmmunicatin cncerning crdless telephne cnversatins. Cnsider the fllwing examples: Example 1: PVT Arhaid enters his rm ne day after wrk. He wants t listen t his new cassette tape player but it is gne. PVT Arhaid's rmmate tells him that SPC Dumkauf tk his new cassette tape player. PVT Arhaid ges int SPC Dumkauf's MP

7 rm and gets his cassette tape player back. Has PVT Arhaid vilated the Furth Amendment? N, he has nt. Because PVT Arhaid is nt an MP r plice agent, he is cnsidered a private party. Hwever, it is pssible that SPC Dumkauf may have a civil actin against PVT Arhaid fr trespassing. Example 2: Yu are a military plice supervisr. When yu arrive hme frm wrk, yu receive a phne call frm yur friend WO Hwie. WO Hwie is upset because CPT Ddie tk his glf clubs. WO Hwie wants yu t g int CPT Ddie's garage and get his glf clubs back. If yu g int CPT Ddie's garage and seize the stlen glf clubs, wuld yu be in vilatin f the Furth Amendment? Since yu are an MP fficer, a search and seizure withut apprpriate authrizatin wuld be in vilatin f the Furth Amendment. Freign Searches If yu are supervising searches and seizures in a freign land, there are sme special cnsideratins yu must be aware f. When the persn r prperty t be searched is lcated in a freign cuntry, a search and seizure may be authrized IAW AR US military persnnel may cnduct searches f prperty lcated utside f premises cntrlled by US frces if-- Hst cuntry authrities have given their cnsent. The search is cnsistent with internatinal agreements. Hst cuntry authrities agree with the plicy arrangements. In the Curt f Military Appeals case f United States v. Jrdan, 1 MJ 334 (CMA 1976), the curt ruled that fruits (evidence) f a search cnducted by freign fficials wuld be admissible if the search was: Cngruent with US Cnstitutinal standards/us Cnstitutin N/A t Freign fficials. Entirely cnducted by freign fficials. The mere presence f American authrities will nt nullify the admissibility f evidence btained frm a freign search. Hwever, the American authrities must nt participate in the search. Legal under the law. Nt shcking t the cnscience. 1-3 MP2002

8 Abandned Prperty The Furth Amendment des nt apply t abandned prperty. Abandned prperty may be seized withut a search authrizatin. Any persn may seize abandned prperty. Reasnable Expectatin f Privacy The Furth Amendment takes int accunt the Reasnable Expectatin f Privacy test. Suppse an individual was in an area that he r she expected t be private. What wuld happen if the gvernment intruded int that area? This was tested in a Supreme Curt case, Katz v. United States, 389 U.S. 347 (1967). Federal Bureau f Investigatin (FBI) agents placed an electrnic listening device n the utside f a telephne bth. Cnversatins by Katz were recrded. This evidence was judged inadmissible. The FBI (the gvernment) was in vilatin f a reasnable expectatin f privacy. The curt said that the Furth Amendment may even apply where n physical intrusin such as prtected area r trespass areas are invlved. Cnsequently, any analysis f a search and seizure must begin with the Reasnable Expectatin f Privacy test. See Figure 1-1. Exclusinary Rule Figure 1-1. Furth Amendment Vilatin by the Gvernment. Evidence that is btained in a way that vilates the Furth Amendment may nt be admitted int curt. This is called the Exclusinary Rule. The Exclusinary Rule is the primary way the Furth Amendment is enfrced. The rule was created t deter fficials frm vilating the Furth Amendment. T use the fruits f a search as evidence in curt, the Furth Amendment must nt be vilated while seizing the evidence. Fruit f the Pisnus Tree Fruit f the Pisnus Tree refers t evidence that is btained as a result f illegal gvernment activities. Evidence that is cllected by the gvernment illegally will nt be admitted int curt. This has been tested in curt during the cases f Silverthrne Lumber Cmpany v. United States, 251 U.S. 385 (1920) and Nardne v. United States, 308 U.S. 338 (1939). If the accused persn can establish a reasnable pssibility that the evidence MP

9 against him r her was btained unlawfully, that evidence is nt admissible. If the prsecutin wants the evidence admitted, it must prve that the evidence was btained legally (Manual fr Curts-Martial (MCM)). Fruit f the Pisnus Tree requires a casual cnnectin between the illegal activity and the evidence derived frm the activity. Prbable Cause Mst legal searches begin with prbable cause. Prbable cause is difficult t define clearly. See Figure 1-2. Figure 1-2 has been designed t give yu a feeling fr prbable cause. Basically, prbable cause t search means that there is-- Reasnable belief that a crime has been cmmitted. Reasnable belief that the persn, prperty, r evidence cnnected with the crime is n the persn r in the place t be searched. Figure 1-2. Prbable Cause Measured. PART A - PROCEDURES REQUIRED FOR PROCURING AND EXECUTING AN AUTHORIZATION TO SEARCH Nw yu understand sme f the basic backgrund that frms the laws and cnsideratins fr search and seizure. Next, we will lk at sme specific prcedures required fr getting and carrying ut an authrizatin t search. 1-5 MP2002

10 DEFINITION OF SEARCH A search is an examinatin f a specific persn, prperty, r area. The search must be legally authrized. The peple searching must lk fr specific prperty r evidence. They are searching fr the purpse f seizing a specific persn, prperty, r evidence. The seized evidence is fr the purpse f criminal prsecutin. AUTHORIZATION TO SEARCH Because f the prtectin f the Furth Amendment, MP r ther authrized persnnel must have legal permissin r authrizatin befre making a search. This authrizatin can be btained thrugh-- Searches based n prbable cause that result in an authrizatin t search ( search authrizatin, infrmally). Searches nt requiring prbable cause such as-- - Cnsent searches. - Searches incident t apprehensin. - A frisk incident t a lawful stp. - Searches f pen fields and wdlands. - Searches f gvernment prperty. - Emergency searches t save life. - Searches within jails. - Restricted area searches. The military uses authrizatin t search instead f the civilian search warrant. Authrizatin t search, as required under Rule 315 f the MCM, must still meet the fundamental requirements f prbable cause. In rder t get a cmmander's authrizatin t search, facts and circumstances must be presented that will cnvince the cmmander that items cnnected with criminal activity are in the place r n the persn t be searched. The materials presented by the investigatr must bjectively cnstitute reasnable grunds fr such belief. If prbable cause is established by hearsay, the investigatr must cmmunicate the underlying facts and circumstances which-- Lead the hearsay surce t think that the evidence is where he r she says it is. Indicate that hearsay surce is credible. Indicate that the infrmatin is reliable. The authrizatin t search may be written r ral. It may be based n swrn written r ral statements. The authrizing fficial must remain impartial. Authrizatin t search may include the fllwing peple r places: Searches f persns subject t military law. MP

11 Military prperty f the US. Nnapprpriated fund activities f the armed frces f the US. Persns r prperty situated n r in a military installatin, encampment, vessel, aircraft, vehicle, r any ther lcatin under military cntrl. Pwer f Authrizatin Pwer t authrize searches may be granted by a military judge r magistrate. Pwer t authrize searches may als be granted by a cmmander wh has cntrl ver the persn, place, r thing t be searched. Basis fr Authrizatin Prbable cause requirements remain strict in military authrizatins t search. The persn granting the search authrizatin must have reasnable belief that the infrmatin presented in supprt f prbable cause is based n fact and is reliable. Executin f Authrizatin After prbable cause has been determined, the fficial will authrize the investigatr t search. The fficial may rder the search cnducted in a particular way. The permissin may be either ral r in writing. While the search is ging n, the persn being searched shuld be infrmed f the general nature f the search. PROCEDURES REQUIRED FOR A MAIL SEARCH Authrity t search the mail is granted nly by a US Curt r a US Magistrate within the district where the prperty is lcated. This authrity must be thrugh a search warrant. The federal law is strict. It reads: N persn ther than a duly authrized emplyee f the Dead Letter Office, r ther persn upn a search warrant authrized by law, shall pen any letter nt addressed t himself. Fr mail searches, yu shuld crdinate with the US Pstal Inspectrs wh have authrity ver the mail. Mail Within Pstal Channels (See Figure 1-3) The authrity f a cmmander t search des nt apply t mail while it is in the pstal channels. Mail cannt be searched even when it is in Army pstal channels. Mail Out f Pstal Channels If a letter r parcel has nt entered pstal channels, it remains the persnal prperty f the sender. As persnal prperty, it is subject t search and seizure, even if it is sealed. 1-7 MP2002

12 Figure 1-3. Pstal Channels. After letters and parcels have gne thrugh the pstal service and been delivered, they becme the persnal prperty f the persn receiving them. As persnal prperty, mail is subject t search and seizure in any legal manner. If the mail is persnal prperty lcated n a military installatin, it is subject t search and seizure. PROCEDURES REQUIRED FOR A CONSENT SEARCH When a subject gives yu permissin t search him r her r his r her pssessins, it is cnsidered a cnsent search. The subject may give his r her permissin r cnsent t the fllwing: An MP. A CID investigatr. Other authrized persns. Anybdy. In cnsent searches, cnsent must be given freely. The subject t be searched must be intelligent enugh t understand what the results f the search might mean. He r she als must nt have been expsed-- MP

13 t fraud. t deceptin. t cercin. Accrding t the law, Article 31 and the MIRANDA-TEMPIA, prtectin rights d nt need t be given fr a cnsent search. Hwever, it is a gd idea t g ahead and give the rights warning befre yu cnduct the search. Bth Article 31 and MIRANDA-TEMPIA will be discussed later in this learning event. Authrity t Cnsent Belw are listed thse persns wh are authrized t cnsent t a search. Befre yu cnduct a cnsent search, make sure the persn giving his r her permissin is authrized t d s. Authrized persns are-- The persn being searched. C-tenants and spuses can cnsent t searches f jintly-wned prperty. Peple wh are temprarily taking care f anther persn's prperty, if they are in legal pssessin f that prperty. Emplyers can cnsent t a search f an emplyee's wrk area fr things cnnected with emplyment. Persns wh may nt authrize cnsent searches are-- Landlrds cannt cnsent t searches f prperty they have rented (Stner v. Califrnia 376 U.S. 483 (1964)). C-tenants and spuses cannt cnsent t searches f prperty that is exclusively wned by the accused. Peple temprarily taking care f anther's prperty that they d nt legally pssess. Emplyers cannt cnsent t searches f their emplyees' persnal use areas r prperty such as wall lckers. In the examples listed belw, yu are a military plice supervisr. Determine if the persns cnsenting t search had prper authrity t give cnsent. Example 1: Yu are supervising MPI Jnes n the track f PVT Lightfingers Lu. Finally, Jnes' lead pays ff and he discvers where Lu lives. Arriving at Lu's residence, Jnes finds he is nt hme. This is n prblem since the landlrd is at hme in the next apartment. The landlrd is eager t help 1-9 MP2002

14 apprehend Lu. He gives permissin t search Lu's apartment and gives access. Is this a legal search in accrdance with (IAW) the cnsent t search laws? N! Accrding t the case f Stner v. Califrnia, a landlrd cannt cnsent t search f prperty he r she has rented. Example 2: An MP wrking in the sectin yu are supervising reprts a search cnducted earlier during the day. MP Stne learned that the wicked Lightfinger Lu might really be PVT Larry Lu. MP Stne apprached PVT Lu's supervisr and requested permissin t search PVT Lu's wrk area. Lu's supervisr agreed t let MP Stne search Lu's wrk area. The supervisr als let MP Stne search the emplyee lunge. While MP Stne was searching the wrk area, the supervisr unlcked and pened PVT Lu's persnal wall lcker where MP Stne fund evidence that related t a recent theft. Under the cnsent t search laws, was MP Stne's search legal? Can yu explain which parts f this scenari were legal and which were nt? MP Stne was within the limits f the law searching PVT Lu's wrk area. It was als legal fr MP Stne t search the emplyees' lunge area. The search f PVT Lu's lcked wall lcker, hwever, was nt legal. PVT Lu's supervisr did nt have legal authrity t cnsent t a search f PVT Lu's persnal area. We have just finished discussing examples f vluntary cnsent t search. There are certain factrs that must be present t shw that the cnsent was given vluntarily. Thse factrs are-- Defendant's educatin. Whether the questining was prlnged. Whether the defendant was already under apprehensin. Whether the defendant's act f assisting in the search demnstrated cnsent. Fr example, did the defendant unlck cntainers fr the search? Remember: Yur MP must fllw these legal cnsideratins while cnducting a cnsent search. If they vilate these rights, evidence seized will nt be admissible in curt. PART B - PROCEDURES REQUIRED FOR SEARCHING PEOPLE, VEHICLES, AND BUILDINGS Part B is cncerned with searching peple, vehicles, and buildings. In this learning event, yu will determine the requirements fr-- Search incident t an apprehensin. Search under exigent (urgent) circumstances. MP

15 Search and seizure f evidence r cntraband frm a persn. Search and seizure f evidence r cntraband frm a vehicle. Search and seizure f evidence r cntraband frm a building. Rights warning, prcedures, waivers, and dcumentatin with respect t cnfessins and admissins. We will examine sme basic knwledge required fr executing r supervising apprehensins and searches. As a military plice supervisr, yu have greater respnsibilities than the average sldier. Yu have certain rights t use t enfrce the law. Sme f thse rights are-- t apprehend law and regulatin vilatrs. t search and seize certain prperty. t use frce t enfrce the law when necessary. Yu must have gd wrking knwledge f-- Military law. Cnstitutinal requirements fr lawful apprehensins, searches, and seizures. Cnstitutinal requirements fr interrgatin f witnesses. APPREHENSION Apprehensin is defined as the taking int custdy f a persn. This may be dne by cnsent f the persn being apprehended r by the use f frce. An apprehensin must be cnducted by an authrized persn. Military persnnel authrized t apprehend are defined in Article 7, UCMJ, and Rule 302, MCM. Authrized persnnel include-- Cmmissined fficers. Warrant fficers. Nncmmissined fficers. Military plice in the curse f carrying ut their duties. Peple designated t perfrm guard r plice duties. This includes criminal investigatin MP2002

16 Requirements fr Apprehensins In Part A yu learned abut prbable cause as it related t prtectin f privacy and searches. Prbable cause must als exist when making an apprehensin. Befre apprehending smene, MP must have reasnable belief that an ffense has been r will be cmmitted. MP must als have a reasnable belief that the persn ready t be apprehended cmmitted r wuld have cmmitted the ffense. This belief can be based n MP bservatin r n a reliable reprt that an ffense was cmmitted. Cnducting an Apprehensin When MP apprehend an ffender, they shuld tell the ffender that he r she is under apprehensin. Part f the apprehensin prcedure may include reading a subject his rights. Als, Army plicy recmmends that MP tell the ffender the general nature f the ffense. Arrest warrants are nt generally required prir t the apprehensin f service members. An arrest warrant wuld be required t apprehend a sldier in his gvernment quarters if n exceptin like ht pursuit applies. This is due t the heightened expectatin f privacy in a traditinal dwelling place. The same, hwever, is nt true fr barracks rms. In U.S. v. McCarthy, 38 M.J. 398 (C.M.A. 1993), the Curt f Military Appeals stated that a warrant was nt required t apprehend the accused in his military drmitry rm. Under the furth amendment and R.C.M. 302(e)(2), an apprehensin warrant r authrizatin is nly required if the apprehensin ccurs in the hme. A barracks rm is nt equivalent t a hme. The precedential value f this case is nt entirely clear. Members f the sldier's chain f cmmand, military plice, and investigatrs shuld cnsider the effect the single sldier initiative will have upn a sldier's reasnable expectatin f privacy in his/her barracks rm. There are n cases n this issue at present. SEARCHES INCIDENT TO APPREHENSION After MP apprehend smene, they must make sure that they secure-- Their safety and the safety f bystanders. Weapns frm the subject. Destructible evidence. Because f these safety factrs, the law allws yu t cnduct a search incident t apprehensin. T be legal, the search must meet the fllwing requirements: Apprehensin must ccur befre the search is made. MP

17 Search must be limited t the persn apprehended. Scpe f the search must meet legal requirements. Search Requirements After an apprehensin, the law permits an authrized persn t cnduct a search withut btaining an authrizatin t search. The search incident t apprehensin has specific limitatins. The majr limitatin is that the area f search can include nly the area in the immediate cntrl f the persn. The area f immediate cntrl is defined as the area within the grasp r lunge f the ffender. Beynd the lunge area, the apprehensin alne will nt justify a search. This was upheld in Chimel v. Califrnia, 395 U.S. 752 (1969). If ther circumstances give rise t a need t search beynd the lunge limits, MP shuld lk t ther theries f search and seizure t accmplish their task. Other theries f search and seizure include-- Cnsent searches. Prbable cause plus exigent circumstances searches. Inventries based upn impund f prperty. These theries f search and seizure may allw a search beynd the lunge limits. Hwever, yu shuld remember that the curts prefer that MP secure a search authrizatin rather than search immediately. This means that MP shuld take the extra investigative time and effrt t btain search authrizatins if they want t extend the limits f their search. The fllwing examples are prvided fr clarificatin: Example 1: PVT Dwrng is apprehended fr murder n the frnt steps f his quarters. The apprehending MP suspects the murder weapn is in PVT Dwrng's secured wall lcker. After apprehending PVT Dwrng, the MP searches PVT Dwrng's persn. Finding n weapns, the apprehending MP ges int Dwrng's barracks, pens Dwrng's wall lcker and prceeds t search. Is this a legal search? Under the law relating t searches incident t apprehensin, the persn f PVT Dwrng culd be searched. Since the wall lcker was nt within the reach f PVT Dwrng, it culd nt legally be included in the search MP2002

18 Example 2: PVT Pthaid is apprehended fr sale f marijuana. Can the briefcase he is carrying be searched? Yes, because the briefcase is within the reach f PVT Pthaid. Cnducting the actual search f a persn and seizing evidence r cntraband has certain requirements. In the next sectin, yu will learn abut sme f thse specific requirements. EXIGENT CIRCUMSTANCES SEARCH Exigent circumstances refer t the cnditins that demand prmpt actin. A search authrizatin r civilian search warrant is nt required under this rule when there is-- Insufficient time. There must be reasnable belief that there is nt enugh time t get a search authrizatin. If such time was taken, the evidence wuld be remved, cncealed, r destryed. Lack f cmmunicatins. A cnditin must exist where MP culd nt get in tuch with a persn authrized t grant a search authrizatin. There must be a reasnable belief that such a delay wuld have the same results as listed under insufficient time. Search f an perable vehicle. A vehicle is cnsidered perable unless a reasnable persn culd knw that it was nt functinal fr transprtatin. N requirement by the US Cnstitutin. Article 31, UCMJ This article is the applicatin f the Fifth Amendment t military law. Military Rule f Evidence 312 MRE 312 prvides specific prcedures fr btaining evidence frm the bdy. This rule identifies kinds f bdily evidence. It als prvides a sliding scale apprach t determine the prtectin given t an individual. Sliding scale means that the degree f bdily intrusin is cnsidered. In ther wrds, mre prtectin is given fr intrusins that are particularly sensitive. Sn we will discuss in greater detail the types f intrusins pssible. MRE 312 is based n the Furth Amendment which prtects a persn frm unreasnable search. This is mentined here because MRE 312 is ften cnfused with self-incriminatin. As we g alng in ur discussin f search and seizure f evidence frm a persn, it may be necessary fr yu t refer back t these surces. MP

19 Evidence Seized frm the Persn f a Subject There are certain samples f evidence taken frm a persn that are nt prtected by the Cnstitutin. The prtectin f the Fifth Amendment, Article 31, and MIRANDA apply nly-- t testimnial utterances. t verbal acts (the functinal equivalent f a testimnial utterance). N Cnstitutinal prtectin applies tward-- Handwriting samples. Vice prints. Teeth prints. Ftprints. Fingerprints. Lineup participatin f a subject nt accused f a crime r in custdy. A Visual Search f the External Prtins f the Bdy MRE 312 (G) is cncerned with viewing external parts f the bdy fr evidence. This des nt include intrusin int the bdy itself r intrusin int bdy cavities. Examples f the types f evidence lked fr in this type f visual search wuld include-- Tatts. Scratches. Birthmarks. Other identifying features f this type. A visual search f the external bdy des nt require a search authrizatin. Article 31 rights are nt vilated when the search is cnducted in a reasnable fashin. As a law enfrcement fficial, yu have the right t rder a search f this type. The subject f the search des nt have the right t refuse. Hwever, fr the search t be legal, it must fllw ne f the situatins listed belw: An inspectin r inventry MP2002

20 Brder search. Jail search. Search incident t apprehensin. Emergency search (fr example, medical purpses). Authrizatin t search based upn prbable cause. Cnsent. INTRUSIVE BODY SEARCHES Occasinally it becmes necessary t intrude int bdy cavities. This is particularly s when small items such as drugs are suspected. Intrusive bdy searches can nly be dne by qualified medical persnnel. Searches requiring intrusin int the bdy are lawful nly if-- There is clear indicatin that evidence f a crime will be fund. There is reasn t believe that delay will cause destructin f this evidence. The methd f search is reasnable. The search is incident t a lawful apprehensin. MRE 312 (c) cvers basically tw categries f intrusive searches. Thse categries are-- A reasnable intrusin int the muth, nse, and ears f a subject. Intrusin int ther bdy cavities. Intrusin int the Muth, Nse, and Ears This type f intrusive search des nt require the permissin f the subject being searched. Hwever, the search must happen incident t ne f the situatins listed previusly. Fr example, suppse yu are supervising an MP sectin. SPC Dumkauf is being detained in custdy after being apprehended. One f the apprehending MP suspects that SPC Dumkauf has managed t cnceal smething in his muth. What steps wuld yu advise yur MP t take? Accrding t MRE 312 (c), yu may instruct yur MP t cnduct a visual search f SPC Dumkauf's muth. Remember that this search can be cnducted withut Dumkauf's permissin. Intrusin int ther Bdy Cavities Intrusins int ther bdy cavities can be cnducted with r withut the subject's permissin. If the subject gives his r her permissin, any MP

21 evidence btained wuld be admissible in curt. But the subject des nt have t give his r her permissin fr this intrusive search. A nncnsensual, intrusive search must cmply with a number f rules: Fr the purpse f search, the intrusin must be cnducted-- - T lk fr weapns, cntraband, r evidence f a crime. - After btaining a search authrizatin issued under MRE 315 ( prbable cause search rules). - By qualified medical persnnel. Fr the purpse f seizure, the intrusin must be cnducted-- - T seize weapns, cntraband, r evidence f a crime. - After btaining a search authrizatin issued under MRE 315 ( prbable cause rules). - By qualified medical persnnel. The ne exceptin fr seizure is if the evidence is in plain view. If evidence is in plain view, n search authrizatin is required. Searches under the Plain View Dctrine will be cvered in greater detail in Part C. Smetimes it is necessary t btain bdy fluids as evidence. Bdy fluids that are cllected are bld, urine, and the stmach cntents. When it becmes necessary t cllect these bdy fluids, MP must fllw specific requirements. MRE 312 (d) requires that medical persnnel be present and a search authrizatin be btained. There is an exceptin t the requirement fr a search authrizatin. If the evidence being lked fr tends t vanish quickly and easily, n search authrizatin is necessary. Examples f types f evidence that wuld tend t vanish quickly are alchl and drugs. The cllectin f necessary evidence (such as bld r urine) t determine a level f intxicatin may be refused. Invluntary submissin t a breath r bdy fluid test is frbidden by AR Hwever, if a subject refuses t submit t a breath, urine, r bld test, his r her installatin driving privileges may be revked. Shuld MP want an intrusive bdy search withut a search authrizatin, they must make sure-- There is a clear indicatin that evidence f a crime will be fund. This requirement is a much higher standard than prbable cause. The evidence is f a vanishing nature. Qualified medical persnnel cnduct the search MP2002

22 FRISK SEARCH When any MP has a reasnable suspicin f criminal activity, he has the right t stp, request identificatin, and questin the persn suspected. The stp must be based n reasnable suspicin that the subject has cmmitted, is cmmitting, r is abut t cmmit a crime. MP may cnduct a patdwn r frisk search t lk fr cncealed weapns. The prper basis fr the frisk is reasnable belief that the subject is armed and dangerus. The purpse f the frisk search is t ensure the MP's safety. Cnsider the fllwing example: Tw men are hvering abut a street crner fr a lng time. It is apparent that they are nt waiting fr anyne r anything. The tw men take turns pacing an identical rute numerus times. Every time each man paces, he stps and lks thrugh the windw f the PX. After each rute is cmpleted, the tw men talk with each ther n the street crner. A while later, a third man jins their cnversatin and then quickly leaves. The tw men leave, fllw the third man and jin with him again a cuple f blcks away. Under these circumstances, are there sufficient grunds t make an investigatry stp? Yes. It is clear that this is suspicius behavir. These men seem t be casing the PX. These are the facts f a landmark case, TERRY V. OHIO, 329 U.S. 1 (1968), which established the standard fr all stp and frisk cases. The standard is reasnable suspicin. Military plice and investigatrs must be aware f a significant new develpment in the law f stp and frisk. The plain feel dctrine is a variant f the plain view rules develped ver many years f case law. It was first mentined by the Supreme Curt in the case f Minnesta v. Dickersn, 113 SCt 2130 (1993). In this case, the curt stated that while plice may seize nnthreatening cntraband detected by plain feel during a Terry frisk, the incriminating nature f the cntraband must be immediately apparent, fr Terry des nt permit an explratry manipulatin f the utside clthing t determine the identity f a pcket's cntents. In analgizing the new plain feel dctrine t the lng standing plain view dctrine, Justice White stated,... If a plice fficer lawfully pats dwn a suspect's uter clthing and feels an bject whse cntur and mass makes its identity immediately apparent, there has been n invasin f privacy beynd that already authrized by the fficer's search fr weapns; if the bject is cntraband, its warrantless seizure wuld be justified by the same practical cnsideratins that inhere in the plain view cntext. Minnesta v. Dickersn, 113 SCt 2130, 2132 (1993). There are n reprted military cases yet cncerning the emplyment f this new dctrine. An MP shuld make a frisk search in the presence f an assistant r witness. Ensure that the search is cnducted by persns f the same sex. See Figure 1-4. The subject shuld stand with his r her back t the searcher. The MP

23 assistant shuld take a psitin which will allw him r her t watch the subject. The searcher shuld cmmand the subject-- t spread his r her feet mre than shulder width apart. t pint his r her tes in line with his r her shulders. t extend his r her hands and arms. t spread his r her fingers. Figure 1-4. Frisk Search. When the subject is in the apprpriate psitin, the searcher shuld: Remve and search the suspect's hat. Search any prperty held r cntrlled by the suspect. Mve his r her hands ver the subject's entire bdy patting dwn and crushing the subject's clthes. (He r she may reach int the inner clthing t remve discvered weapns.) Apply hand irns after the search (if cntraband is fund n the subject). All illegal items discvered frm a frisk search may be seized as evidence MP2002

24 WALL SEARCH The wall search may be cnducted when an MP feels it is necessary. The purpse f the wall search is t render the suspect helpless while the MP cnducts the search. Placing the suspect in an awkward, strained psitin gives the MP a greater degree f safety. The wall search is useful when MP must search several suspects. Any upright surface such as a wall r vehicle will d. The searcher rders the suspect t stand, face the wall, and lean against it with upraised hands placed far apart and fingers spread. The suspect's feet shuld be wide apart, turned ut, parallel, and far away frm the wall. See Figure 1-5. Figure 1-5. Wall Search. The suspect must keep his r her head dwn. If hand irns have been applied, the suspect shuld lean with his r her frehead against the wall. The assistant shuld stand n the ppsite side f the suspect and t the rear. The assistant shuld cver the suspect with a weapn if he r she believes the suspect t be armed. When the searcher changes psitins t the ther side f the suspect, the assistant shuld als change psitins. The searcher shuld always walk arund the assistant. The searcher never walks between the assistant and the suspect. When an MP searches, he r she must make sure-- His r her weapn is hlstered with the flap secured. T apprach the suspect frm the side. MP

25 T place his r her right ft in frnt f the suspect's right ft, making ankle-t-ankle cntact. If searching frm the left side, the searcher places his r her left ft in frnt f the suspect's left ft making ankle-t-ankle cntact. While cnducting the wall search, MP must be alert. They have t prevent the suspect frm attempting t disarm r injure them. During the search they shuld-- Remve the suspect's headgear--search the area beneath the sweatband and seams. Place the headgear n the grund near the assistant t be used as a cntainer fr certain items taken frm the suspect. Examine the suspect's hair, ears, hands, arms, right side f the bdy, and right leg. Crush all clthing (nt just pat the clthing). Check the armpits, back, waist, crtch, legs, and tps f bts r shes carefully. If the searcher finds weapns r anything that culd be used as a weapn, he r she places it in the headgear n the grund. Anything that is nt a weapn r evidence can be left in the suspect's pckets. Ideally, the MP have the suspect talk during the search. That will help determine if the suspect has anything in his r her muth. If there is mre than ne suspect t search, MP use the same wall t cnduct the searches. Suspects are spread ut and cannt reach ne anther. The assistant shuld take a psitin a few paces t the rear f the line. Again, the searcher never ges between the assistant and any suspect. The next sectin will discuss the techniques necessary fr searching members f the ppsite sex. Searching Members f the Oppsite Sex Male MP may search the cat, bags, and parcels f a female suspect. Beynd that, male MP shuld nt search female suspects. Female MP shuld nt search male suspects. The search must wait until a member f the same sex is available t d the search. STRIP SEARCH Since a search f smene's naked bdy is sensitive in nature, the strip search can be cnducted nly at the MP statin r ther suitable lcatin. All peple wh are ging t be cnfined shuld be strip searched. After apprehensin, strip searches are cnducted when small items, drugs, r cncealed weapns are expected MP2002

26 While cnducting the strip search, take care t avid embarrassing the subject. Tw unarmed MP shuld cnduct the search while a third armed MP guards the dr. After determining the psitin and duties f the MP, they shuld-- Examine each item carefully. Inventry all items taken frm the subject. Search the subject's bdy, paying careful attentin t the hair and bdy cavities. D nt intrude int bdy cavities. Nw yu have learned the requirements necessary fr searching and seizing evidence frm a persn. The next sectin n searching will fcus n the requirements fr legally searching and seizing evidence frm a vehicle. There are special cnsideratins inherent in searching vehicles. VEHICLE SEARCHES Searches f military and private vehicles may be cnducted-- With a search warrant. By authrizatin f the installatin cmmander. By cnsent f the driver r wner (depending n the nature f the vehicle). As incident t lawful apprehensin. Special Cnsideratins When an individual is apprehended while driving a car, the entire car des nt have t be searched. Earlier in Part B, yu learned abut the scpe f a search and seizure. Remember that the scpe f a search incident t apprehensin is limited t that area within the subject's reach r cntrl. This rule applies t searches f vehicles. Only thse prtins f the vehicle that the subject might reach may be searched. This law was tested in curt in the case f New Yrk v. Beltn (453 DS 454, 69 LEd 2d S. Ct. 286, 1981). Fr example, MP Spry stpped SPC Bzer fr questining regarding erratic driving n a military installatin. After pulling his vehicle t the side f the street, SPC Bzer exits his vehicle and walks back t meet Spry. After administering apprpriate questins and tests fr intxicatin, Spry apprehends Bzer and places him in hand irns. Once Bzer is in custdy, Spry cnducts a search f his vehicle. Remembering the scpe f search requirements, the MP limits his search t the area within SPC Bzer's reach. In the glve cmpartment Spry discvers an pen liqur cntainer and what seems t be amphetamine drugs. Will the evidence Spry discvered be admissible in curt? MP

27 The answer is yes. Based n the BELTON case cited abve, the MP may search the passenger cmpartment f the autmbile but nt the trunk. A pliceman wh has made a lawful custdial arrest f the ccupant f an autmbile may, as a cntempraneus incident f that arrest, search the passenger cmpartment f the autmbile and may examine the cntents f any cntainers fund within the passenger cmpartment. The term cntainer denting any bject capable f hlding anther bject including clsed r pen glve cmpartments, cnsles, r ther receptacles as well as luggage, bxes, bags, clthing, and the like. Prbable Cause Smetimes, where there is prbable cause t believe that evidence is in the vehicle, the vehicle may be searched n a prbable cause plus exigent circumstances thery. Remember frm the definitins sectin that exigent circumstances refer t cnditins f a situatin that demand prmpt actin. Yu shuld remember, t, that it is pssible t impund the vehicle and inventry it. Impunding the vehicle depends n the nature f the apprehensin and the standard prcedures f the apprehending agency. If an MP inventries the cntents f the car, the inventry may nt be a subterfuge r cver up fr a search. Time Limit A vehicle must be searched as sn after apprehensin as pssible fr the search t be cnsidered incident t apprehensin. If the circumstances f the apprehensin d nt permit an immediate search, MP use their judgement t determine a reasnable time frame. Twenty minutes is the nrmal time in between apprehensin and subsequent search. If MP have any dubt at all abut the length f time that has elapsed, they shuld btain a search authrizatin befre cnducting the search. S far we have discussed searches f vehicles as they apply incident t apprehensin. Vehicles and persns entering and leaving military installatins may als be searched. AR , AR , and 50 U.S.C. 797 define the cmmander's authrity t search. Civilian persnnel entering an installatin have the right t refuse a search. If they d, hwever, they can be refused entrance t the installatin. Military persnnel entering an installatin and all persnnel, civilian and military, leaving an installatin may be searched ver their bjectins if such search was authrized by the installatin cmmander. BUILDING SEARCHES Entering a building fr the purpse f searching fr and seizing evidence r cntraband carries inherent risks. T execute this jb safely and efficiently, MP must fllw specific requirements and prcedures MP2002

28 The first decisin--d MP have the apprpriate authrity t enter the building? This authrity may be based n the type building they are abut t enter. Is it public r private? The classificatin f public versus private is imprtant in determining authrity t search. Fr example, private areas require a search authrizatin. Areas that are cnsidered private are-- Hmes. Apartments. Mbile hmes. Bachelr fficer quarter (BOQ) rms. Bachelr enlisted quarter (BEQ) rms. Hwever, gvernment buildings r public areas such as cmmn user areas in BOQs and BEQs, may be searched at anytime. Remember that inside BOQs and BEQs, rms, ft and wall lckers are cnsidered private areas. As private areas, MP cannt search them unless they have authrizatin and cnsent t search. When MP cnduct a search f a building they must cnsider many things: Whether inncent peple may be ccupying the building. The number f inncent peple in the building. Wh the peple are inside the building. Precautins necessary t avid injuries. Whether they have sufficient manpwer and firepwer t carry ut the search safely and efficiently. After MP enter the building, they make sure-- t nte all entrances and exits. t nte where they can find cncealment t take cver. t keep within a supprting distance f their partner. t cver their rear. t have a primary and alternate rute f escape. After MP have secured entrance t the building, they assure the safety f the peple inside. Next, they cnduct a thrugh and systematic search. MP secure each area after searching it. This makes sure that weapns, evidence r cntraband is nt relcated t areas previusly searched. MP

29 Yu have nw learned the basics f the laws gverning search and seizure. These laws are different than the rules gverning military inspectins. MILITARY INSPECTIONS The primary reasns fr military inspectins are t determine and ensure-- Security. Military fitness. Gd rder and discipline. There are traditinal and special inspectins. Traditinal inspectins are within a cmmander's authrity. They are als part f his r her respnsibilities. As such, the cmmander may examine, in whle r part, a unit, rganizatin, installatin, aircraft, r vehicle. This inspectin des nt require prbable cause. Only a search fr evidence t be used in criminal prsecutin requires prbable cause. Hwever, discvered unlawful weapns r cntraband can be seized. These items then becme evidence which can be held and used fr criminal prsecutin. Trained cntraband detecting dgs and ther technical aids may be used during this type f inspectin. The special requirements are listed in Figure 1-6. In rder t cnduct an inspectin specifically t lk fr weapns r cntraband, certain cnditins must be met. Thse cnditins are-- The presence f the items will negatively affect the unit's security, military fitness, r gd rder and discipline. A reasnable suspicin exists that the items are in the cmmand. Figure 1-6. Requirements fr Use f Cntraband Detecting Dg During a Search. The inspectin must have been previusly scheduled MP2002

30 An inspectin must never be a cver up fr a search fr which there is n prbable cause. Remember the Fruit f the Pisnus Tree dctrine? This states that evidence btained frm an illegal act cannt be admitted int curt. Evidence btained frm an inspectin which is a cver up fr a search will result in evidence being excluded frm curt. T eliminate this prblem, schedule inspectins far in advance. In this way, an inspectin cannt be a cver up fr a search fr which there is n prbable cause. Anther type f inspectin is a health and welfare inspectin. This is used t make sure that persnnel and equipment are at the ready. GATE INSPECTIONS Guard persnnel may inspect persns, their prperty, and vehicles at installatin entry and exit pints. Peple entering an installatin must be infrmed that they are subject t inspectin. This can be dne by psting a clearly displayed sign. In a freign cuntry, the sign shuld read in the hst language and English. When a cmmander establishes a gate inspectin prgram, he r she shuld state: Purpse f the prgram. Scpe f the inspectin. Hw the prgram shuld be carried ut. If an apprehensin fllws a gate inspectin, a mre extensive search can be made. Refer back t the Searches Incident t Apprehensin prtin f this subcurse. Incming civilian persnnel cannt be inspected if they bject. Hwever, they will be denied entry t the installatin. Hwever, incming military persnnel can be inspected ver their bjectin. Reasnable frce may be used, if necessary, t cnduct such an inspectin. Exiting civilians can be inspected ver their bjectin. Reasnable frce may be used if necessary. If an MP must use reasnable frce, he r she must ntify the cmmander at nce. Civilian persnnel wh are fund t have unlawful weapns, cntraband, r evidence f a crime shuld be detained. Detained civilian persnnel shuld be transferred t civilian authrities as sn as pssible. Evidence btained shuld be safeguarded. The tpic f evidence and its strage will be discussed in detail later during this subcurse. As sn as civilian persnnel are secured, ntify the ffice f the staff judge advcate. MP

31 CONFESSIONS AND ADMISSIONS Admissins and cnfessins play a critical rle in criminal prsecutin. Yu must make sure MP prtect the cnstitutinal rights f any subject. Knwing and fllwing the requirements and prcedures will ensure the admissibility f evidence. The next sectin f this subcurse will cver requirements and prcedures fr rights warnings, waivers, and dcumentatin. As a supervisr, yur knwledge f the requirements f rights warning prcedures, cnfessins, and admissins must be greater than that f a patrl MP. This sectin will discuss the legal guidelines f self-incriminatin. We will explre sme f the reasns behind the rules. At the end f this sectin yu shuld-- Understand the restrictive prcedures which gvern plice cnduct in this area. Have a basic understanding f the scial, plitical, and legal factrs which cause changes in the balance between individual and scietal rights. Basic Dctrine The basic dctrine which guides laws, plicies, and prcedures in this area is-- The Fifth Amendment t the Cnstitutin....nr shall any persn be cmpelled in any criminal case t be a witness against himself. Article 31, UCMJ. - N persn subject t this chapter may cmpel any ther persn t incriminate himself r t answer any questin the answer t which may tend t incriminate him. - N persn subject t this chapter may interrgate r request any statement frm an accused r a persn suspected f an ffense withut first infrming him f the nature f the accusatin and advising him that he des nt have t make any statement regarding the ffense f which he is accused r suspected and that any statement made by him may be used as evidence against him in a trial by curt-martial. - N persn subject t this chapter may cmpel any persn t make a statement r prduce evidence befre any military tribunal, if the statement r evidence is nt material t the issue and may tend t degrade him. - N statement btained frm any persn in vilatin f this article, r thrugh the use f cercin, unlawful influence, r unlawful inducement may be received in evidence against him in a trial by curt-martial MP2002

32 Article 31 Prtectin Article 31 prtectin cincides with the prtectin granted under the Fifth Amendment. It is a practical applicatin f the Fifth Amendment t the military. Article 31 prtectin applies when tw things are present: Ptential criminal penalty. Oral statements and verbal acts. Oral Statements Oral statements may be either an admissin r a cnfessin. Remember, admissin is a self-incriminating statement that falls shrt f a cmplete acknwledgement f guilt. A cnfessin is a cmplete acknwledgement f guilt. Verbal Act A verbal act is functinally the same as a statement. When a suspect turns ver evidence r pints ut evidence in respnse t a questin r rder, that is a verbal act. This verbal act is the functinal equivalent f a statement. The exceptin t prtectin f Article 31 is when a lawful search is being cnducted. Fr example, a suspect is being lawfully apprehended. The suspect is rdered t empty his r her pckets. This actin is legal and des nt cme under the prtectin f Article 31. A verbal act is nly prtected when it relates t a testimnial utterance such as uh huh t mean yes. When Warnings are Required One f the key factrs yu must remember regarding Article 31 is when the warnings are required. Defining when Article 31 rights shuld be given is subjective. The curts use bth a subjective and bjective test when deciding if the warnings were required. Given the facts and circumstances f a situatin, wuld a reasnable law enfrcement fficial fcus attentin n an individual as a pssible suspect? Thus, either a subjective r bjective factual situatin will require cmpliance with Article 31. Suspicin as it Relates t Article 31 Suspicin is an imprtant factr. When smene becmes a suspect in a case, he r she must have Article 31 rights read. It may be necessary t read these rights many times during an investigatin. Witnesses n the ther hand d nt need their rights read. They are nt suspects. If a witness blurts ut a statement that is nt a result f questining, that is called a spntaneus admissin r excited utterance. Spntaneus admissins are admissible in curt even thugh n rights warning was given. When it becmes clear that a witness may becme a suspect, yu may want t interrgate the witness. At this pint, he r she must be advised f his r her rights befre further interrgating r questining. If he r she MP

33 is nt issued Article 31 rights, statements he r she makes cannt be used against him r her in a curt f law. Wh Must Give Warnings Article 31 says...n persn subject t this Chapter may cmpel any ther... The Curt f Military Appeals defines these persns as-- Law enfrcement fficers. Officers. Nncmmissined fficers. Circumstances f Questining When cnsidering the rights warning issue, the Curt f Military Appeals examines the circumstances f the questining. It als examines the status f the persn ding the questining and the purpse behind the questining. This is in keeping with Article 31. As a result, statements made between private individuals are nt prtected by Article 31. There are persnnel nt cvered by Article 31. Undercver persnnel are nt cvered because nne f the cercive circumstances which frm the basis fr the rule are present. Hwever, if the undercver agent tried t avid the rule and interrgate smene withut giving the warnings, statements made by the suspect wuld be prtected by Article 31. These statements wuld nt be admissible evidence. This undercver exceptin des nt apply in a custdial situatin. In fact, a curt may require Article 31 rights be read t a subject in custdy befre any cnversatin takes place. This is t ensure that any statement made by the persn in custdy be admissible as testimnial evidence in curt. It als des nt apply when the subject has retained an attrney fr the case being questined. Article 31 requires three warnings. Reading Article 31 rights must include all three warnings. They are-- The nature f the accusatin. The right t remain silent. That any statement made can be used against him r her. Ntice here that the right t have an attrney present during interrgatin is nt listed. The right t an attrney resulted frm the law case f Miranda v. Arizna, 384 U.S. 436 (1966). In this case, the Supreme Curt ruled that the right t remain silent was secured if the suspect had a lawyer present during interrgatin. This is applicable t custdial interrgatin and cnsultatin befre questining. Later, the MIRANDA decisin was applied t military law thrugh the case f the U.S. v. Tempia, 16 CMR 629, 37 CMA 249 (1967). Based n the TEMPIA case, a suspect must be advised f the fllwing rights: 1-29 MP2002

34 T cnsult with a lawyer befre answering any questins. T have a lawyer present during questining. The prtin f DA Frm 3881 shwn in Figure 1-7 includes requirements that stem frm bth Article 31 and Miranda v. Arizna. We will examine and discuss DA Frm 3881 later during this learning event. Vluntary Waiver f Rights When subjects chse t waive their cnstitutinal rights, they must d s n a vluntary basis. If the waiver f rights is fund invalid in curt because it was nt made vluntarily, all evidence btained frm the questining will be inadmissible. If any f the fllwing factrs are present, a waiver r cnfessin may be fund t be invluntary: Frce (Brwn v. Mississippi, 297 U.S. 278 (1935)). Threat f frce. Figure 1-7. DA Frm 3881, Rights Warning Prcedure Prtin. Deprivatin f basic needs such as fd, sleep, r the use f the latrine. An rder such as a cmmander rdering the subject t tell the truth. Prmises such as an ffer t make a deal. Cercin. Tricks such as a secnd fficer claiming a remark r statement t be ff the recrd. (Sme tricks are permissible after the rights have been waived.) MP

35 Tricking the Subject During Questining Smetimes MP investigatrs use special tactics while questining a subject. Tricking a subject int issuing statements is ne such tactic. There is a fine line drawn between tricks that are permitted and tricks that are nt permitted. Fr example, SPC Arhaid is arrested fr burglary with his accmplice PVT Fllwalng. The tw subjects are separated fr questining. Later, the MP investigatr SGT Gdguy interrgates SPC Arhaid. SGT Gdguy tells SPC Arhaid that his accmplice, PVT Fllwalng, cnfessed that SPC Arhaid was invlved in the burglary. PVT Fllwalng really did nt make that statement. In the eyes f the law, is this a legal trick permissible t use t elicit a cnfessin frm SPC Arhaid? Yes, accrding t case Michigan v. Msley, 423 U.S. 96 (1975) this tactic is legal. In this case, the Supreme Curt refused t verturn a cnvictin based n an admissin that was btained using the same methd intended t trap SPC Arhaid. In the military, the test fr permissibility f tricks is tw-fld. Permissibility f tricks depends n-- Whether the trick was used t get the subject t sign a waiver. This type f trick is frbidden and prtected by MIRANDA. Whether the trick was used after a valid waiver f rights was signed. If this is the case, the trick must nt be designed t elicit an untrue cnfessin. The basis fr all cnfessins is the vluntariness dctrine. If the subject did nt use free will while making a cnfessin, the cnfessin will be cnsidered invluntary and invalid. Yu must remember that the subject may, at anytime invke his ther right t silence r t an attrney. If the subject invkes these rights, all questining must stp immediately. Hwever, later the subject may elect t change his r her mind and discuss the matter. Reinitiating Questining An amendment t MRE 305(e) and recent case law dictates that law enfrcement fficials emply a new analysis in cases where they wish t questin subjects wh are represented by an attrney. Previusly, MRE 305(e) and the case f U.S. v. McOmber, 1 MJ 380 (C.M.A. 1976), required that if the subject had seen a lawyer and law enfrcement fficials wanted t questin the subject, ntice and reasnable pprtunity t attend the interrgatin had t be given t the lawyer befre the interrgatin culd prceed. Applicatin f the McOmber Rule has nw been limited t gvernment initiated interrgatins. In U.S. v. LeMasters, 39 M.J. 490 (C.M.A. 1994), CMA stated that MRE 305(e) is triggered when a persn subject t the Cde intends t questin smene. This language was designed t prtect the right t cunsel when the plice initiate the interrgatin. If the subject initiates the 1-31 MP2002

36 discurse and prsecutin can shw the subject was aware f his right t have his cunsel ntified and present, but that he affirmatively waived thse rights, then a valid waiver under MRE 305(g)(1) can be fund. It shuld be nted, hwever, that the restructuring f MRE 305 under Change 7 t the MCM cmpletely remved the McOmber Ntice t Cunsel requirement. The affect f this remval has nt yet been felt in the case law. Therefre, depending upn the circumstances, nce a subject invkes his right t remain silent r requests an attrney, yu may be able t reinitiate questining. 1. If the subject is nt being subjected t custdial interrgatin and charges have nt been preferred and he: a. Invkes his right t silence, questining must immediately cease. MRE 305(f)(1). The gvernment may reinitiate questining after a significant perid f time. Michigan v. Msley, 423 US 96, 46 L.Ed 2d 313, 96 S Ct 321 (1975). b. Requests an attrney, (1) questining must cease until cunsel is present. MRE 305(f)(2); Minnick v. Mississippi, 498 U.S. 146 (1990). (2) The subject may reinitiate cntact and affirmatively waive his right t have cunsel present. U.S. v. LeMasters, 39 MJ 490 (CMA 1994). The investigatr shuld anntate this affirmative waiver in the cmments sectin f DA Frm If the subject is being subjected t custdial interrgatin and he: a. invkes his right t remain silent, (but des nt request an attrney) (1) questining must cease immediately. (2) The gvernment may reinitiate questining after a significant perid f time. Michigan v. Msley, 423 US 96, 46 L.Ed 2d 313, 96 S Ct 321 (1975). b. invkes his right t an attrney, (1) questining must cease immediately. (2) cunsel must be present befre any subsequent interrgatin may prceed. MRE 305(e)(2). (3) There can be a valid waiver f the right t cunsel if the gvernment can shw the subject reinitiated the questining and there was a break in custdy between the request fr cunsel and the subsequent waiver. MRE (g)(2)(b). MP

37 3. If charges have been preferred against the subject and he: a. invkes his right t remain silent, (1) questining must cease immediately. (2) The gvernment may reinitiate questining after a significant perid f time. Michigan v. Msley, 423 US 96, 46 L.Ed 2d 313, 96 S Ct 321 (1975). (3) The subject may reinitiate cntact and affirmatively waive his right t have cunsel present. U.S. v. LeMasters, 39 MJ 490 (CMA 1994). The investigatr shuld anntate this affirmative waiver in the cmments sectin f DA Frm b. invkes his right t cunsel, (1) questin must cease immediately. (2) cunsel must be present befre any subsequent interrgatin may prceed. MRE 305(e)(2). (3) The subject may reinitiate cntact and affirmatively waive his right t have cunsel present. MRE 305(g)(2)(c). The investigatr shuld anntate this affirmative waiver in the cmments sectins f DA Frm This area f the law is in a state f change. If yu have questins cncerning when yu may reinitiate questining, cnsult yur servicing ffice f the Staff Judge Advcate. Rights Waiver The issuing f MIRANDA and Article 31 rights prtect a subject's right t silence. Hwever, these prtective rights d nt frbid a subject t issue statements. A persn is always free t speak r therwise cperate if he r she s wants. If the persn wants t discuss the case, he r she then agrees t give up r waive the right t silence. In rder t be legal, this waiver f rights must meet tw tests: It must be knwingly made. It must be vluntarily made. Knwingly Made Rights Waiver A knwingly made waiver f rights requires that the subject-- Knws and understands the rights he r she is giving up. Must have the cmpetency, by way f age and mentality, t understand the results f giving up his rights MP2002

38 It is yur respnsibility as a law enfrcement fficer t ensure that the subject meets these requirements. Dcumentatin DA Frm 3881 (Rights Warning Prcedure/Waiver Certificate) is the frm used t dcument the waiving f a subject's rights r the refusal t waive ne's rights. Examine the frnt and back prtins f the frm prvided in Figures 1-8 and 1-9. Ntice that DA Frm 3881 cnsists f three majr prtins. The tp prtin disclses data required by the Privacy Act. This data is-- Authrity. Principal purpse. Rutine uses. Disclsure. It als requests ther identifying infrmatin. Lk again at Figure 1-8 and lcate the apprpriate sectin fr filling in-- Lcatin. Name. Scial security number (SSN). Grade/status. Date. Time. File number. Organizatin r address. Next, examine Figure 1-9, the back f DA Frm This side cnsists f Sectin B, Rights Warning Prcedure, which includes-- The warning. The waiver. Special instructins. MP

39 Figure 1-8. DA Frm 3881, Rights Warning Prcedure/Waiver Certificate (Frnt) MP2002

40 When yu issue the actual warning, d nt issue a memrized versin. Read the warning directly frm Sectin B n the back f DA Frm Figure 1-9. DA Frm 3881, Rights Warning Prcedure/Waiver Certificate (BACK). MP

41 Whether r nt an interrgatin can cntinue depends n hw the Waiver Certificate is filled ut. There are three ways t cmplete this sectin based n the three chices a subject has. These are discussed belw. An interrgatin can cntinue if the subject signs the waiver. See Figure The subject signs the waiver sectin first. Next, the investigatr signs. Finally, a witness shuld sign in the apprpriate place. Figure Signed Waiver. An interrgatin can cntinue if the subject agrees t waive his r her rights but refuses t sign the certificate (see Figure 1-11). If this is the case, yu must nte that the subject-- - Understands his r rights and des nt want a lawyer. - Wants t discuss the ffense r make an ral statement. - Refuses t sign the waiver. Figure Rights Waived but Subject Refuses t Sign MP2002

42 An interrgatin cannt cntinue if the subject des nt wish t be questined r wants a lawyer. (See Figure 1-12.) The subject must check which reasn applies in the nnwaiver sectin and sign his r her name. Remember that a suspect nt in custdy can leave any time if he r she des nt want t cperate. Effects f Vilatin Figure Refusal t Waive Rights. Cnstitutinal laws that cntrl plice cnduct have prvked much debate. It may smetimes seem that the rules related t plice interrgatin and the taking f admissins and cnfessins are difficult t deal with. Smetimes plice fficials chse t ignre these rules. At ther times, plice fficials try t get arund the rules that cntrl plice cnduct. It is imperative that yu remember that these rules are the law. Yu and the MP yu supervise must cmply cmpletely with the letter and spirit f the law. If the laws f plice cnduct are nt fllwed, there may be serius results. The effects f rights vilatins are-- Inadmissibility f evidence. Necessity f issuing curative warnings. Curative warnings are prcedural steps that may help t vercme the vilatin f a subject's rights. Inadmissibility A subject f a plice investigatin has rights t apprpriate warnings, a lawyer, and fundamental fairness. If any f these rights are vilated, the curt will apply tw rules we have already learned abut in Part A. The rules the curt will apply are the-- MP

43 Exclusinary rule. Evidence that is btained in a way that vilates the Furth Amendment will nt be admitted int curt. Dctrine f the Fruit f the Pisnus Tree. Evidence that is btained illegally will nt be admissible in curt. These are curt-made rules f evidence. There are als ther rules that apply. Thse rules are fund in Article 31 (d), UCMJ. Rule 1: Rule 2: Rule 3: Rule 4: N persn subject t this chapter may cmpel any persn t incriminate himself r t answer any questin the answer t which may tend t incriminate him. N persn subject t this chapter may interrgate, r request any statement frm an accused r a persn suspected f an ffense withut first infrming him f the nature f the accusatin and advising him that he des nt have t make any statement regarding the ffense f which he is accused r suspected and that any statement made by him may be used as evidence against him in a trial by curt-martial. N persn subject t this chapter may cmpel any persn t make a statement r prduce evidence befre any military tribunal if the statement r evidence is nt material t the issue and may tend t degrade him. N statement btained frm any persn in vilatin f this article, r thrugh the use f cercin, unlawful influence, r unlawful inducement may be received in evidence against him in a trial by curt-martial. When the rules f Article 31 are vilated, evidence will nt be admitted in curt. Curative Warnings Smetimes the effects f a vilatin f rights can be vercme. Curative warnings are used fr this purpse. Using the prcedure f curative warnings means that yu start all ver again. Yu must-- Use a new investigatr. Read the subject the Article 31 rights. Obtain the subject's statement. Advise the subject that previus statements cannt be used against him r her. Advise the subject that previus statements d nt bligate him r her t answer further questins MP2002

44 The subject may sign anther waiver f rights based n these curative warnings. This secnd waiver must meet the tests we discussed earlier. Remember that tests fr legal waiver f rights rder that the subject waives his r her rights-- Vluntarily. Knwing and understanding the rights he r she is giving up. Right t Cunsel Remember that a subject has the right t a lawyer prir t and during-- Any interrgatin r questining. The identificatin prcess. This right is funded n the Sixth Amendment. In all criminal prsecutins the accused shall... Have the assistance f cunsel fr his defense. The purpse f having a lawyer present is t ensure due prcess f law. Due prcess means fundamental fairness. Fr civilians, this right arises after legal prceedings have begun. Fr military persnnel, this right arises after-- Charges have been preferred. The subject is in pretrial custdy. The difference between civilian and military law is based n MRE 321. In the military, due prcess is based n the Sixth Cnstitutinal Amendment and the Military Rules f Evidence. Identificatin Prcess Identificatin prcedures can be part f the legal prcess. It is imprtant that identificatin prcedures: Nt be suggestive. Reduce the pssibilities f misidentificatin. There are varius types f identificatin prcedures. They are lineups, phtgraphic arrays, and ne-n-ne shwings. These prcedures culd lead t evidence that culd result in an admissin r cnfessin. Hwever, a subject's right t have a lawyer present during an identificatin prcedure is restricted. The curts feel that sme identificatin prcedures permit manipulatin f the circumstances. Other prcedures permit a greater degree f suggestive characteristics. Examples f manipulatin and suggestive characteristics will fllw. These are the MP

45 types f identificatin prcedures that permit a right t cunsel. Lineups are a type f identificatin prcedure that permits a right t cunsel. Lineups Lineups are subject t grss manipulatin. Therefre, a subject has a right t have his r her lawyer present during a lineup nly when the line up is cnducted after pretrial restraint. Characteristics f a lineup that can be manipulated are-- Cmpsitin (the types f peple displayed fr cmparisn). Time. Manner. In a law case Martinez v. Turner, 461 F. 2d 261 (10th CIR 1972), the curt fund the lineup prcedures used by the plice t be impermissible suggestive. In this lineup, the suspected subject was tremendusly taller than the ther men. The gal f this manipulatin was t fcus attentin n the suspect. What wuld be the manipulatin in the fllwing lineup? After a burglary, the victim identified the subject t be a black male. A few days later, the victim is called int the MP statin t identify the suspect. A lineup prcedure is used. In this lineup, all f the men are white, except the suspect wh is black. The manipulatin r suggestin is bvius. The black suspect culd be identified as the burglar since he was the nly black man there. Because f these types f manipulatins r suggestibility f lineup, a subject has a right t have a lawyer present. The lawyer can nly bserve. He can make recmmendatins but the investigatrs are nt bligated t fllw them. Subjects d nt have a right t have an attrney present fr phtgraphic arrays and ne-n-ne shwings. Phtgraphic arrays cannt be manipulated the way lineups can. Hwever, the prcedure f shwing phtgraphs t victims r witnesses can be manipulated. The case f State v. Wallace, 285 S. 2d 796 (1973) is an example. The witness was tld that the peple charged were in the grup f pictures she was given. There was an bvius tendency t cperate by making an identificatin. One-n-ne shwings d nt require a lawyer t be present. One-n-ne shwings usually happen withut planning. The act f calling a lawyer wuld ruin the spntaneity f the situatin. The curt examines ne-n-ne identificatin prcedures carefully. Each case is cnsidered individually. In the case f Smith v. Ciner, 473 E. 2d 877 (4th CIR 1972), the curt did nt allw the identificatin. The circumstances f this case were as fllws: 1-41 MP2002

46 A wman was raped. After the rape, she went t her dctr's ffice. The man suspected f cmmitting the rape was brught t the dctr's ffice. He was presented t the wman fr identificatin. The curt felt that the pssibility t make a mistake in identificatin was great because f-- Emtinal anguish. Trauma. Surrunding envirnment. The case f Stanley v. Cx, 486 F. 2d 48 (4th CIR 1973) is different. The curt accepted the identificatin as reliable in this case. The circumstances f this case were as fllws: One hur after a rbbery, a suspect was brught t the scene. The stre wner identified the suspect. Let's examine the differences between the first and secnd cases. The majr differences were: The state f emtinal upset in the rape case was greater than in the rbbery. The stre wner saw the suspect at the scene. The rape victim was nt at the scene when shwn the suspect. There are n hard and fast rules t use fr ne-n-ne identificatins. Yu must use yur cmmn sense every time. Yu must cnsider the ttality f the circumstances when cnsidering a ne-n-ne identificatin. Identificatin prcedures can result in evidence that culd cnvict smene f a crime. Cnsequently, any vilatin f rights due a persn culd result in evidence being inadmissible in curt. PART C - PLAIN VIEW DOCTRINE S far ur discussin has fcused heavily n the cnstitutinal prtectin given t persns being searched r identified. We have examined a variety f situatins. Sme f the situatins discussed have been-- Searches that require search authrizatin. Searches incident t apprehensin. Stp and frisk searches. The next tpic f discussin will be search and seizure under the rules f the Plain View Dctrine. MP

47 PLAIN VIEW DOCTRINE The Plain View Dctrine refers t the seizure f evidence that is pen t view. There are three requirements fr the Plain View Dctrine. All requirements must be met. The three requirements fr the Plain View Dctrine are- - An MP r ther gvernment fficial must be legitimately lcated when he r she views an item. Prir justificatin fr an intrusin t seize evidence must be present. The item t be seized must lead t criminal prsecutin. Prir Justificatin t Search Given the Furth Amendment, a subject's right t privacy cannt be invaded. Hwever, if an MP is in a legitimate place when he r she spts an item, he r she can legally seize it. This seizure must be based n a reasnable belief that the item was cnnected t criminal activity. Cnsider the fllwing scenari: PVT Ayes, an MP in yur sectin, spts PVT Dumkauf speeding near a set f quarters. After stpping PVT Dumkauf, MP Ayes spts a plastic bag full f white, pwdery substance. Under the Plain View Dctrine, culd MP Ayes seize the white pwder and hld it as evidence? Yes. Because MP Ayes was in a legitimate place, he culd seize the evidence. Prir Justificatin fr an Intrusin t Seize Evidence Later, n his way hme, MP Ayes walks past the BEQ area. Thrugh an pen windw he spts several plastic bags full f a green leafy substance. PVT Ayes is ff-duty and des nt have a search authrizatin. Under the Plain View Dctrine, culd PVT Ayes enter the BEQ rm and seize the material as evidence? N, he may nt enter the rm withut a search authrizatin. He was nt in a legitimate psitin when he made the bservatin. Hwever, he may use his bservatin t get a search authrizatin. After getting the search authrizatin, he may g back and cnduct a legal search. Seized Evidence Must Lead t Criminal Prsecutin Befre seizing anything as evidence, the MP must believe it is cnnected with criminal activity. Cnsider the fllwing scenari: MP Ayes has a search authrizatin. He is lking fr missing M16 rifles and gvernment typewriters. MP Ayes enters PVT Dumkauf's quarters and searches the hall clset. In the clset, Ayes finds a bag f herin. Later, in the den, MP Ayes spts a clr TV. He checks the serial number n the back. A few days later, MP Ayes learns that the TV is stlen. Ayes cmes t yu fr advice. Can MP Ayes seize the herin? Can MP Ayes seize the TV set? What wuld yu advise MP Ayes t d? Under the Plain View Dctrine, Ayes culd 1-43 MP2002

48 seize the herin but nt the TV set. Ayes was in a legitimate place. He was carrying ut a search authrizatin. He was in the clset lking fr large items. That actin was within the scpe f the search authrizatin. He unintentinally fund the herin. Based n his experience as an MP, Ayes believed the bag t cntain herin r sme ther cntraband. Given these cnsideratins, seizure f the herin is valid. In cntrast, Ayes cannt seize the TV set. It is true that Ayes was legally in Dumkauf's quarters. Hwever, he had n reasn t believe that the TV set was stlen. Therefre, there was n criminal cnnectin at the time f the view. MP Ayes cannt seize the TV set. He can, hwever, use the facts t supprt prbable cause. With prbable cause established, he can get a search authrizatin. With the search authrizatin, MP Ayes can return t the quarters t search fr the TV. Cmpare the abve scenari with the fllwing case. CID Investigatr Bane is at the pst guest huse. There has been a fire and arsn is suspected. While checking thrugh the ashes, Investigatr Bane lks thrugh the pen dr f Rm 13. He sees a clear plastic bag full f what appears t be marijuana sitting n a desk. Can Investigatr Bane seize the bag as evidence frm the ccupant f the rm, PFC Haid? Yes. The seizure is legal under the Plain View Dctrine. Investigatr Bane-- Was in the situatin legally. Stumbled acrss the evidence while lking fr ther evidence. Believed the evidence t be marijuana. Pssessin f marijuana can lead t criminal prsecutin. In this analysis, Investigatr Bane has satisfied all three elements f the Plain View Dctrine. Evidence that is seized fllwing the requirements f the Plain View Dctrine is legal. Cnsequently, this evidence is admissible in a curt. MP

49 LESSON 1 PRACTICE EXERCISE INSTRUCTIONS Yu have just finished reading the instructinal material fr Lessn 1. This lessn cvered searches and seizures. It is nw time t check yur understanding f the lessn. This is dne by cmpleting the practice exercise belw. All f the questins are multiple-chice and are intended t measure yur understanding f searches and seizures. There is nly ne crrect answer t each questin. Try t answer all f the questins withut referring t the lessn materials. When yu have cmpleted all the questins, turn the page and check yur answers against the crrect respnses. Each crrect respnse is referenced t a specific prtin f the lessn material. Review any questins yu have missed r d nt understand. When yu have cmpleted yur review, cntinue t the next lessn. SITUATION: PVT Arhaid enters his rm ne day after wrk. He wants t listen t his new cassette tape player but it is gne. PVT Arhaid's rmmate tells him that SPC Dumkauf tk his new cassette tape player. PVT Arhaid ges int SPC Dumkauf's rm and gets his cassette tape player back. 1. In ging int SPC Dumkauf's rm and taking his tape player back, has PVT Arhaid vilated the Furth Amendment? A. Yes, he has. He did nt have a search warrant. B. N, he did nt. Since PVT Arhaid is nt an MP r plice agent, he is cnsidered a private party. C. Yes, he has. It is the same as breaking and entering and he is a private party. D. N, he did nt. The dr was unlcked and he is a private party. SITUATION: Yu are an MPI supervisr. When yu arrive hme frm wrk, yu receive a phne call frm yur best friend WO Hwie. WO Hwie is upset because CPT Ddie tk his glf clubs. WO Hwie wants yu t g int CPT Ddie's garage and get his glf clubs back. 2. If yu g int CPT Ddie's garage and seize the stlen glf clubs, wuld yu be in vilatin f the Furth Amendment? A. N, yu wuld nt, because yu were nt n duty at the time. B. N, yu wuld nt, because yu were n duty at the time. C. Yes, since yu are an MPI supervisr, a search and seizure withut apprpriate authrizatin wuld be in vilatin f the Furth Amendment. D. Yes, nly because yu are nt in unifrm MP2002

50 SITUATION: SGT Case is a military plice investigatr. SGT Billingham has mailed a large brwn envelpe by first class mail frm a military pst ffice. Yu are sure that this envelpe cntains cntraband. 3. As an MPI des Case have the right t pen the envelpe that SGT Billingham depsited int the US military mail system? A. Yes, because it is in the US military mail system, still n a US military base. B. Yes, because being an MPI, Case has authrizatin f the prvst marshal. C. N, because the prvst marshal did nt give authrizatin in writing. D. N, because n persn ther than a duly authrized emplyee f the Dead Letter Office, r ther persn upn a search warrant authrized by law may pen a letter nt addressed t him. 4. As an MPI, Case had prbable cause and a search warrant t search SGT Billingham's desk. SGT Billingham has a large brwn envelpe ready t mail. It is addressed and sealed. Can Case pen this envelpe? A. N, because it is addressed and sealed ready fr mailing. B. N, because the addressee has t be present when pened. C. Yes, because it is persnal prperty, and has nt entered the pstal channels. D. Yes, because it was in his desk, and anything in a desk can be pened, at any time. 5. SGT Case has a search warrant and is searching PVT James' lcker. Case finds a stack f letters frm James' girl friend. Can Case search these letters? A. N, because they are letters that came in the US mail system. B. Yes, because they are n lnger in the US mail system. Once delivered, they are persnal prperty. C. Yes, because being an MPI, Case has the right t pen mail at anytime. D. Yes, but nly the nes that have n stamps n them. SITUATION: Yu are supervising an investigatin f a theft that happened at Frt Bragg. The PVT yu are investigating lives ff pst. On visiting his residence, yu find him ut. His landlrd is at hme in the next apartment. Eager t help, the landlrd pens the private's apartment. He gives yu permissin t search the apartment. 6. Is the search f the private's apartment a legal search IAW the cnsent t search law? A. Yes, because the landlrd gave permissin t search. B. Yes, because it is ff pst. C. N, because the landlrd cannt cnsent t search f prperty he has rented. D. N, because nly civilian plice can cnduct a search ff pst. MP

51 SITUATION: An MP under yur supervisin reprts t yu a search f hanger wrk spaces he cnducted earlier in the day. The MP had learned abut a theft f tls frm anther hanger and that the tls culd be in the wrk spaces f the hanger he had searched. The MP received permissin frm the supervisr f the hanger t search all wrk spaces. 7. Was the search that was cnducted by the MP legal under the cnsent t search law? A. N, the MP must have permissin frm the cmmanding fficer. B. Yes, it is legal t search a wrk area with the permissin f the supervisr f the wrk area. C. Yes, MP can search any part f the base withut permissin, at any time. D. N, the MP must be accmpanied by a cmmissined fficer. 8. Yu are a supervisr f an MPI unit statined in a freign cuntry. Yu explain t yur unit that a search and seizure may be authrized IAW with Army regulatin? A. AR B. AR C. AR D. AR MP2002

52 LESSON 1 PRACTICE EXERCISE ANSWER KEY AND FEEDBACK Item Crrect Answer and Feedback 1. B. N, he did nt. Since PVT Arhaid is nt an MP r plice... N, he has... (page 1-3, para 1) 2. C. Yes, since yu are an MPI supervisr, a search and... Since yu are... (page 1-3, para 3) 3. D. N, because n persn ther than a duly authrized... It reads... (page 1-7, para 5) 4. C. Yes, because it is persnal prperty, and has nt... If a letter... (page 1-7, para 7) 5. B. Yes, because they are n lnger in the US mail system... After letters... (page 1-8, para 1) 6. C. N, because the landlrd cannt cnsent t search f... Landlrds cannt... (page 1-9, para 4) 7. B. Yes, it is legal t search a wrk area with the... Emplyers can... (page 1-9, para 3) 8. C. AR When the... (page 1-3, para 5) MP

53 LESSON 2 DIRECT EVIDENCE HANDLING Critical Task: OVERVIEW LESSON DESCRIPTION: In this lessn yu will learn the prcedures t prperly handle evidence. TERMINAL LEARNING OBJECTIVE: ACTION: CONDITION: STANDARD: REFERENCES: Learn the prcedure t prperly handle evidence. Yu will have this subcurse, paper and pencil. T demnstrate cmpetency f this task yu must achieve a minimum scre f 70 percent n the subcurse examinatin. The material cntained in this lessn was derived frm the fllwing publicatin: AR INTRODUCTION In Lessn 1, yu learned that evidence was seized fr the purpse f criminal prsecutin. Great care t prtect the cnstitutinal rights f a subject must be taken when seizing evidence. This is t ensure that evidence yu seize will be admitted int curt. Seizure f the evidence is nly the first step. Knwledge and skill in ther aspects f dealing with evidence is imprtant. Careful handling and strage f evidence will ensure that it is admitted int curt. In this lessn, yu will learn the plicies and prcedures f-- Cllectin f evidence and cntraband. Strage f evidence and cntraband. Dispsitin f evidence and cntraband. Fr yur reference, a list f definitins is prvided in Appendix A at the end f this subcurse. 2-1 MP2002

54 PART A - EVIDENCE OVERVIEW Very ften the cllectin f evidence begins at the crime scene. The next sectin f this subcurse will discuss specific features f the crime scene. PRESERVING THE SCENE The success f a case depends heavily n initial actins and bservatins taken by the first investigatr t arrive at the crime scene. Althugh the actins taken t find and preserve physical evidence will vary frm case t case, certain prcedures apply t all cases. As yu apprach the scene yur actins shuld be calm and deliberate. Always expect the wrst. It is better t take t many precautins at the crime scene than it is t take t few. Keep an pen mind abut the crime. Reaching cnclusins t sn may lead t carelessness and false mves, which may be disastrus. Errrs in safeguarding and inspecting the crime scene can never be crrected. If there are injured persns at the crime scene, get them medical aid first. If enugh MPs are n hand, the steps needed t prtect the crime scene shuld begin as yu give aid t the injured r examine the dead. Yu must prevent unneeded walking abut. Take precautins t prevent walking in areas that are likely t bear the impressins f ftprints r tire tracks. Use cautin and avid places where pssible clues may be fund. Avid tuching drs, drknbs, light switches, flrs, and windws. Avid using the telephne r smking at the scene. D nt use the tilet, turn n the water, r use twels at the crime scene. The criminal may have used the bathrm. He may have used twels t wipe bldstains frm himself r his weapns. Or there may be bld caught in the sink r cmmde trap. If yu are an MP investigating a crime that will require the services f a USACIDC special agent, yu must prtect the scene until help arrives. D nt mve any items r disturb the bdies f deceased persns. Usually, yu cver a bdy nly after it has been fully prcessed fr evidence. If yu cver it t sn, yu culd change r destry valuable trace evidence. D nt tuch items r surfaces that are likely t yield latent fingerprints. D nt allw any item t be remved frm the scene withut specific permissin frm the crime scene investigatr r the crime lab examiner wh is in charge f the case. Restrictins must nt be lifted until the persn in charge has specifically released the crime scene r, at least, until the search is dne. In extreme cases, yu may need t mve things that culd be evidence frm areas where they might be destryed r drastically affected by the elements r ther unavidable circumstances. Hwever, mving evidence befre it has been fully examined and prcessed shuld be avided if pssible. If yu mve evidence prematurely, its riginal psitin shuld be recrded in yur ntes. Take clseup phtgraphs if yu can. MP

55 Helping victims, apprehending suspects, detaining witnesses, and requesting needed assistance are integral parts f the actins taken by the first MP r investigatr n the scene. Yu must ensure that victims and witnesses are treated with dignity and cnsideratin. Be sure t tell them f services available t them frm the victim and witness liaisn at SJA. Prvide them with ther assistance indicated by circumstances and allwed by AR See AR fr specific guidance. Keep suspects and witnesses separated if pssible. Tell witnesses nt t discuss the events. If witnesses talk t each ther, they may distrt each ther's impressins. They may cme t think they saw things that they really did nt see r that never tk place. And yu shuld nt discuss the crime with witnesses and bystanders. Yur ding s culd jepardize the case. But listen attentively and unbtrusively. By being alert yu can ften pick up infrmatin f vital imprtance t the case. D nt discuss the crime with the news media. Never give infrmatin t reprters. Infrming the news media is the duty f the public affairs fficer. Yur stated reasn fr declining t give infrmatin shuld be that yu d nt want t shw favritism. Referring t standing rders that prhibit yu frm talking t reprters may be seen as misguided zeal r an unwillingness t cperate. In dealing with reprters, be firm but nt curt nr nnchalant, even when the reprters are persistent. Remember, reprters ften give valuable help in the investigatin f majr crimes. Press passes shuld be disregarded when yu are prtecting a crime scene. If the search is t be lengthy, set aside an area, clse by but utside the critical area, t use as a cllectin pint fr trash generated in the search. Equipment nt in immediate use shuld be placed in this area. MP and ther fficial persnnel may als use the area t take breaks. Using such an area reduces the chance f cntaminating the scene. By the end f the initial survey f the scene, yu will have nted the bvius items f evidence t be cllected. Decide n what rder yu will prcess and cllect them. If the scene is very large r if mre than ne persn will be searching, yu must decide what shuld be searched fr and hw the tasks and the area are t be divided. If yur search must extend beynd the immediate crime scene, peple needed t make the search may be secured frm an MP r ther unit. Searchers must be briefed thrughly. Give them a full descriptin f the evidence being sught. Tell them hw the evidence may have been hidden r discarded. Tell them what t d when they find a piece f evidence. Tell them, emphatically, that when they find an item thught t be the ne being sught r ne like it, they must take three actins. First, they must refrain frm tuching r mving the item. Secnd, they must immediately tell the persn in charge f the search. And third, they must prtect the area until an investigatr arrives. A cmpetent search f a crime scene demands clse attentin t detail. Items and materials that may seem unimprtant at first may later prve t be 2-3 MP2002

56 critical t the case. Fr this reasn, yu must begin the search f a crime scene with determinatin and alertness. A successful crime scene search prduces a cmprehensive and nndestructive accumulatin f all available physical evidence within a reasnable perid f time. It shuld minimize mvement and avid unneeded disturbance. Yu can search a scene using ne r mre f fur methds: the circle search, the strip search, the grid search, and the zne, r sectr, search. Yur chice f methd is determined by the intent f the search and by the area t be cvered. In rms, buildings, and small utdr areas, a systematic circle search is ften used. In large utdr areas a strip search, fllwed by a grid search, is mre useful. After mentally dividing the area int strips abut 4 feet wide, the searcher begins at ne crner f the main area and mves back and frth frm ne side t the ther, each trip being made within ne strip. The grid search cvers an area in the same way, but the searcher mves frm end t end. Bth indr and utdr areas may be searched using the zne r sectr methd. Figure 2-1 gives yu a visual representatin f the varius methds f search. The types f search patterns include-- - Circle search. - Strip search. - Grid search. - Zne r sectr search. RECORDING THE CRIME SCENE Ntes are yur persnal, and mst readily available, recrd f the crime scene and f yur investigative prcess. N rule exists cncerning the detail the ntes shuld reflect. Yur bjective shuld always be t make ntes that will be fully meaningful mnths after the event. Remember that a nte that is clear t yu a shrt time after it is written may be unintelligible later. D nt expect t rely n yur memry f assciated events t give single wrd ntes their full meaning. Nte taking shuld begin with yur ntificatin f the case and cntinue until the investigatin is cmpleted. Supplement yur ntes with phtgraphs, and sketches. Recrd yur ntes in the rder that yu receive infrmatin, take actins, and make bservatins. The sequence f yur ntes shuld be lgical and systematic. Yur ntes aid in the accurate recall f events fr testimny in curt and they furnish raw material fr yur written reprt n the case. Yur frmal written reprt may nt need the level f detail r items f infrmatin that are needed fr yur testimny. The details yu recrd in yur ntes shuld anticipate bth the needs f the written reprt and the questins yu may be called n t answer fr attrneys r members f a curt. MP

57 Figure 2-1. Types f Search. The type f ntebk yu use, which may seem t be a minr pint, can be imprtant. Unless a separate ntebk is t be used fr each case, a lseleaf ntebk is better than a bund ntebk. Yur ntebk may be examined in curt. If ntes frm several cases are included in the same bk, there is a chance f unauthrized disclsure f infrmatin n matters nt being dealt with in the case being heard. If a lseleaf ntebk is used, the pages n ther cases can be remved.. Unauthrized disclsure f facts relative t ther cases is thereby avided. 2-5 MP2002

58 In majr cases with a lt f physical material and a large crime scene, yu may want t use a prtable tape recrder. By taping yur bservatins and findings, yu can include mre details in yur ntes. In all cases, the tapes shuld be transcribed int a written recrd that yu may carry int curt. Keep yur ntes in a safe place with the lcal ffice case file. Even after a criminal has been cnvicted and sent t prisn there is always a chance that an appeal r ther civil actin will require yur appearance in curt again. Print yur ntes if yur handwriting is nt easy t read. Use blue r black ink that will nt smudge easily. Number each page f ntes and identify it with yur name, yur title r rank, the case number (when knwn), and the current date. Als recrd the times when an actin is taken, when infrmatin is received, and when an event is bserved. D nt edit r erase yur ntes. If a yu make a mistake, line ut the entry, initial it, and then write the crrect infrmatin. Yur ntes shuld include a detailed descriptin f the scene and any item yu think pertinent t the case. Yur descriptin shuld be as cmplete as yu can make it. Recrd the exact lcatin, giving measurements and triangulatin f evidence, where the item was fund. Cite the relative distances separating varius items. State the techniques used t cllect the evidence and t recrd identifying marks placed n the item r the package in which the evidence was placed. Be sure t tell what techniques were used t prvide crime scene security and t search the scene. And include any actins yu take that may have a bearing n the evidence yu btain r significantly affect the investigatin. PHOTOGRAPHS A picture may r may nt be wrth a thusand wrds. But it is certain that phtgraphy is a valuable aid in criminal investigatins. Useful phtgraphs can be made withut great expertise. Crime scene and evidence phtgraphs are simply the phtgraphs made t supplement ntes and sketches r t clarify a pint relative t a case. They are als made t identify persnnel and t frm a permanent recrd f fragile r perishable evidence. Time is an essential factr. Objects cannt be mved r examined with thrughness until they have been phtgraphed frm all necessary angles. There are situatins in which the bject f interest underges significant change with the passage f time. Thus, phtgraphic equipment must be kept in a cnstant state f readiness. Phtgraphs are admissible in curt if yu can testify that they accurately depict the area bserved. The accuracy f a phtgraph relates t the degree it represents the appearance f the subject matter as t frm; tne; clr, if applicable; and scale. A lens that will accurately recrd bjects and areas in fcus may nt crrectly prtray distances between bjects MP

59 nr shw bjects ut f fcal range in their prper perspective. In such situatins yur crime scene sketch and yur ntes will play strng supprting rles. Prviding a phtgraph's negative is usually enugh prf t refute an allegatin that a phtgraph has been altered. Hwever, if enlarged phtgraphs are made fr presentatin in curt, a cntact print withut brders shuld als be made. Because scale, distances, and perspective are imprtant in interpreting phtgraphs taken at crime scenes, include a ruler r ther scale measure in such a phtgraph when yu can. As sme curts may nt allw even this minr mdificatin t the scene, yu als shuld take an identical phtgraph withut the scale indicatr. A phtgraph t be high-quality evidence, must depict the scene, persns, and bjects precisely as they were fund. Phtgraphy is an exclusive actin in the crime scene search. N peple may be wrking within the scene at the time it is phtgraphed. Any extraneus bjects, like plice and investigative equipment are excluded frm the phts. Recrd the technical data fr each phtgraph in yur ntes. Each phtgraph must be precisely identified. This data becmes part f the permanent recrd f the case. A gd way t d this is t create a pht lg. Assign each pht a number. Tell what each pht depicts. Cite the time the pht was taken, the type f pht, and the distance t the fcal pint. Tell what camera was used and at what height it was held. Give the psitin f the camera r angle f the camera sht. Say what lens was used, if flash was used r film reladed, and describe any pht verlays. In additin t recrding identifying data in yur ntes, yu must d s n a phtgraph sketch. All camera psitins and distances t the fcus pint must be recrded n the crime scene phtgraph sketch. Yu can d this by measuring frm a pint n the grund directly belw the camera lens t an immvable bject used as the fcus pint fr the picture. In making crime scene phtgraphs, it is best t keep the camera at abut eye level. If an explsive was used at a crime scene and there is residue f the explsive present, d nt use a flash attachment. Use a tripd r raise r lwer the camera height t get the bject t be phtgraphed in prper fcus. Take verlapping phtgraphs f interir scenes intended t depict an area as a whle, mving in ne directin arund the rm r area. The mst imprtant element in investigative phtgraphy is maintaining perspective. Phtgraphs must reprduce, with the same impressin f relative psitin and size f visible bjects, the scene as it wuld appear t smene standing in the phtgrapher's shes. Any significant distrtin in the perspective will reduce, r destry altgether, the pht's evidence value. The best way t maintain natural perspective is t aim the camera s a 90-degree angle is frmed by ppsing walls. If utdrs, use fixed bjects like trees t maintain perspective. The chain f custdy f investigative phtgraphs is maintained in the prper case file. When yu send film by mail t a cmmercial prcessr, use 2-7 MP2002

60 registered mail with a return receipt. Keep registered mail receipts and cpies f wrk rders fr film prcessing in the prper case file. PHOTOGRAPHING SCENES AND OBJECTS FOR EVIDENCE The mst imprtant rule in crime scene phtgraphy is t phtgraph all evidence r pssible evidence befre anything is mved r tuched. This rule includes general scenari shts and clseups f specific items f evidence. Fingerprints that can be seen withut the aid f dusting pwder shuld be phtgraphed clseup befre dusting. There is always the danger f the print being damaged during the dusting prcess. Phtgraphs shuld be taken f impressins f which a cast will be made. Hld the camera directly abve the grund and the flash clse t the impressin at an angle. Use flash at all times. Oblique light will reveal mre details. Take the clseup with a ruler near the print, s the prper scale can be determined. Make at least fur phtgraphs f each impressin. Take a picture frm every side, using light frm each different directin. This reduces the chance f details being missed in a phtgraph because f shadws cast by a light surce frm nly ne directin. Make sure the date, case number (if knwn), yur name, exhibit number (if knwn), type f film used, and camera setting shws in the pht. It shuld be written n paper and placed next t the impressin. Phtgraphs f tl marks must shw the marks and enugh f the surface n which the marks are lcated t identify them psitively. Shw the mark as it actually appears and in its verall relatinship t ther bjects at the scene. Include an rdinary ruler, alng with data identifying the lcatin, situatin, and case, in each picture t prvide the lab examiner a scale f measurement. When phtgraphing burglary, husebreaking, and larceny scenes, yu will want t pay particular attentin t the interir and exterir f the building and t damaged areas. Nte particularly any damage arund the pints f entry and exit used by the criminal. Take clseups f damaged cntainers like safes, wall lckers, r jewel bxes that were the target f the ffense. Take bth clseup and perspective phts f tl marks. The latter will allw yu t nte the psitin f marks with respect t the general scene. And fingerprints and ftprints, f particular value in these cases, shuld be phtgraphed befre they are lifted r preserved. When phtgraphing an arsn scene, cmplete cverage f the damage is imprtant. Perhaps f even greater imprtance are phts f bjects r areas suspected t have been the pint where the fire began. Make clseup phtgraphs f all such bjects r areas. If the fire is in prgress, seek ut varius angles frm which t take phtgraphs. But try t keep ut f smke-filled areas. Yur first phtgraphs shuld be f the entire structure. Use clr film t shw the clr f the smke, flames, and vaprs. Take a series f phtgraphs at MP

61 intervals f several minutes t shw the intensity and directin f the fire. Then phtgraph any spectatrs. The perpetratr may be present, watching the results f his r her effrts. When the fire is extinguished, phtgraph the entire exterir f the structure. Then phtgraph all affected interir areas and any evidence fund. Phtgraph in detail suspected pints f the fire's rigin and areas shwing an alligatr burn pattern. Yu cannt rely n yur expsure meter when trying t phtgraph charred wd. Instead, use a tw- r three-stp verexpsure. Accident scenes shuld be phtgraphed as sn as pssible after the event. Except when phtgraphing vehicles, set yur lenses at nrmal fcal length. This will prevent distrtin in the relative width f rads, distances between pints, and the like. If special lenses are used, nte that fact in yur recrd f the search and give a descriptin f the lenses used. Phtgraph the verall scene f the accident frm bth appraches t the pint f impact. Capture the exact psitins f vehicles, injured and deceased persns, and bjects directly cnnected t the accident. If pssible, take phtgraphs f skid marks befre the vehicle is mved. Then take phts f the marks after the vehicle is mved. Phtgraph all pints f impact, all marks f impact, and all damage t real prperty. Be sure yu recrd any pavement bstructins and defects in the radways. Make clseup phtgraphs f damage t each vehicle. Make at least tw fr each vehicle. The first shuld shw the frnt and ne side. The secnd clseup shuld shw the rear and ther side f the same vehicle. And, f curse, yu will want phts f tire tracks, glass, and ther assciated debris. Usually, death scene phtgraphy must be mre extensive than that f ther crime scenes. This is due t the severity f the ffense. Phtgraph the appraches t the scene and its surrunding areas (the yard f a building in which a death ccurs, general area surrunding an utdr crime scene). Take clseup phtgraphs f the entrance and exit t the scene r f the rute mst likely t have been used if the entrance and exit are nt bvius. Make general scenari shts shwing the lcatin f the bdy and its psitin in relatin t the rm r area in which it was fund. And give 360-degree cverage f the rm r scene with verlap pints clearly identified in the phtgraphs. All evidence must be phtgraphed--shts establishing the evidence in relatin t the scene, shts f evidence clseup, and shts f evidence clseup with a ruler t shw perspective and size. After the bdy is mved and each item f evidence is remved, phtgraph the area underneath them if there is any mark, stain, additinal evidence, r ther apparent change. Phtgraph any cntaminated prints befre yu try t cllect them. Phtgraph develped latent prints prir t lifting. Include shts f areas where prints are discvered if the areas were nt included in ther phtgraphs. Phtgraph bldstains, including their lcatins, with clr film if yu can. Black and white pictures shuld als be taken. 2-9 MP2002

62 PHOTOGRAPHING HUMANS FOR EVIDENCE Phtgraphs shuld be taken f victims r suspects f crimes like assault, aggravated assault, r sex ffenses that invlve bdily harm. Phtgraphs shuld be taken f any wund, injuries, stains, r ther trace evidence that may be n the persn r the persn's clthing. Written permissin shuld be btained frm living persns befre phtgraphing them. If phtgraphs f a bdy area that is nrmally clthed are required, a witness shuld be present. If the victim r the suspect is a minr, the written cnsent f the parent r guardian is needed. The phtgraphy must be dne with the cnsenting persn present. Phtgraphs f parts f the bdy that usually are nt visible when a persn is clthed are taken nly under the direct supervisin f the examining physician. It is the physician's testimny that the phtgraphs are intended t illustrate. Thus, it is unusual fr this type f phtgraph t be taken at the crime scene. The evidence value f a phtgraph f a deceased persn is reduced if yu include views that culd later be alleged t be deliberately inflammatry. The unneeded expsure f sexual rgans is a case in pint. Take at least tw, full-length phtgraphs f the bdy at 90-degree angles t each ther. Hld the camera as high as pssible, pinting dwnward tward the bdy. Include at least ne clseup phtgraph f the head and shulders f the victim. Psitin the camera fr this sht directly abve the head and shulders f the bdy. Take as many clseups f the bdy as needed t shw wunds and injuries. When phtgraphing a bdy that is lying in a hrizntal psitin, hld the camera directly ver the victim's head and shulders. D this at a height f n less than 5 feet. Clseup phtgraphs f injured parts f the bdy are mst effective in clr, but black and white pictures shuld als be taken. The presence f wunds, bld, r ther disclratins n the crpse may affect identificatin. Using a lens filter t create mre lifelike tnes may aid identificatin. Phtgraphs f the bdy during the autpsy shuld als be taken. Cperate with the pathlgist t btain these. Yur phts shuld include full-length views befre and after undressing and/r washing. Phtgraph identifying marks and clseups f all wunds with and withut a measuring device. Bth clr and black and white phts shuld be taken. SKETCHES Prperly prepared sketches may be used t questin peple, t prepare a reprt f investigatin, and t present infrmatin in curt. Sketches als are valuable surces f infrmatin fr trial and defense cunsels. Sketches are ften intrduced in curt as evidence. They are used t acquaint the curt with crime scenes and t help witnesses rient themselves as they testify. MP

63 Sketches cmplement ntes and phtgraphs made during a crime scene search. A sketch cmmunicates infrmatin the way a pht des, but has the advantage f being able t have unneeded and distracting detail left ut. Sketches cncentrate attentin n the mst essential elements f the crime scene and their relatinships. There are tw kinds f crime-scene sketches: rugh and finished. A rugh sketch is the kind yu draw while at the crime scene. The purpse f a rugh sketch is t prtray infrmatin accurately, nt necessarily artistically. Yu d nt need t be artistic t draw a gd rugh sketch. A rugh sketch is usually nt drawn t scale. But it must shw accurate distances, dimensins, and relative prprtins. In rder t eliminate excessive detail in a sketch, yu may have t draw mre than ne. Fr example, ne sketch may be devted t the psitin f the victim's bdy and ne r tw f the mre critical evidence items. Other sketches might shw the lcatin f evidence items with respect t the pint f entry r t ther critical pints. D nt make changes in yur sketches after yu leave the scene. A finished sketch is a draw t scale versin f a rugh sketch, frm the infrmatin n the rugh sketch. A finished sketch des nt need t be drawn by the same persn wh drew the rugh sketch, hwever, he must verify the accuracy f the finished sketch. It is best if the finished sketch is drawn by an experienced draftsman, nrmally prvided by the engineers ffice. The name f the persn wh drew the smth sketch is shwn in the investigatr's ntes and n the sketch. A cpy f the finished sketch is attached t each cpy f the investigatin reprt. By making a scaled drawing, the numbers shwing the distances can be mitted frm the sketch. MAKING A ROUGH SKETCH Any kind f paper may be used fr a rugh sketch. Hwever, bnd r graph paper is best. It can be placed n a clipbard large enugh t frm a smth area fr drawing. T prepare a rugh sketch yu need: A sft lead pencil. A 100-ft steel tape. A straightedge ruler. Several thumbtacks t hld ne end f the steel tape dwn when yu are wrking alne. A magnetic cmpass. Yu may add as many items t this list f basics as yu like. Several items f infrmatin are cnsidered essential in a crime scene sketch. But d nt restrict yur sketch t these items alne. The majr cnstraint n detail in sketching is that the result must be cmpletely intelligible t a viewer withut a detailed study. If yu include t much detail, the majr advantage f a sketch ver a phtgraph is lst MP2002

64 Each sketch shuld include the critical features f the crime scene and the majr, discernible items f physical evidence. Evidence sketches must shw accurate measurements f the crime scene. They shw the lcatin f evidence established by use f the triangulatin methd. A pht sketch must shw camera psitins and distances t fcus pints. Each sketch shuld have a captin t identify the illustratin. Fr instance, a captin might read: Rugh sketch shwing camera psitins and distances. Each sketch must have a legend. The legend explains the symbls, numbers, and letters used t identify bjects n the sketch. Use standard military symbls where practical. Yur sketch must als shw the cmpass directin nrth. Yu will need t include a scale designatin fr scaled drawings nly. If n scale is used, write nt drawn t scale. And each sketch must have a sketch title blck cntaining the fllwing entries: Incident reprt number: MP Reprt, USACIDC sequence number, r Reprt f Investigatin (ROI) number. Alleged ffense. Name and rank r title f the victim. Scene prtrayed--citing rm number, building number, and type f building, (PX, cmmissary, huse, trp billets). Lcatin--citing cmplete name f installatin, city, state, and zip cde. Time and date sketch was started. Name and rank r title f persn wh drew the sketch. Name and rank r title f persn wh verified the sketch. Measurements shwn n the sketch must be as accurate as pssible. Steel tapes are the best means f taking accurate measurements. A measurement errr n a sketch can intrduce dubt as t the cmpetence f an entire crime scene search. Measurements shuld be made and recrded unifrmly. If ne aspect f a sketch is accurate, such as the dimensins f a field in which a bdy was fund, and the psitin f an bject within the field is nly rughly estimated, the distrtin thus intrduced renders the sketch relatively useless. It is imprtant that the crdinate distances f an item in the sketch be measured in the same manner. Fr example, ne crdinate leg f the victim shuld nt be paced and the ther measured with a tape measure. It is als a mistake t pace ff a distance and then shw it n the sketch in terms f feet and inches. This implies a far greater degree f accuracy than the measurement technique culd pssibly prduce. If the pint arse in curt, such imprecisin culd greatly detract frm the value f the sketch. MP

65 LOCATING EVIDENCE ON SKETCHES Varius sketch methds may be used t lcate evidence and ther imprtant items at the scene. The simplest frm f a sketch is a tw-dimensinal presentatin f a scene as viewed directly frm abve. Evidence is lcated n this type f sketch by triangulatin. Triangulatin is used fr indr and utdr sketches having fixed reference pints. Objects are lcated by creating a triangle f measurements frm a single, specific, identifiable pint n an bject t tw fixed pints, all n the same plane, at the scene. If mvable items are t be used as reference pints, they must first be fixed themselves. D nt triangulate evidence t evidence. D nt triangulate under r thrugh evidence. D nt take a line f measurement thrugh space. Measure yur line alng a slid surface like a flr, wall, r table tp. In the interest f clarity, keep the angle f triangulatin measurements between 45 and 90 degrees n the sketches. Regular shape items are fixed by creating tw separate triangles f measurements. Each riginates at ppsite pints n the bject and ends at tw fixed pints, n the same plane, at the scene. This is cmmnly knwn as the 2-V methd f triangulatin. Pliable bjects are fixed by creating a single triangle f measurements frm the center f mass f the bject t tw fixed pints, n the same plane, at the scene. Yu als measure the lngest and widest dimensins f the bject. Inhabited utdr areas usually have easily defined, fixed reference pints, such as buildings, edges f rads, and sidewalks. When these are present, the triangulatin methd can be used t establish the lcatin f bjects. But uninhabited r remte areas may nt have easily defined, fixed pints within clse range. In such cases, bjects will have t be lcated by using the intersectin-resectin methd taught in map reading. Crss-prjectin is used t add anther dimensin t sketches. The added dimensin is useful when items r lcatins f interest are n r in wall surfaces in an enclsed space. The walls, windws, and drs in a crssprjectin sketch are drawn as thugh the walls had been flded ut flat n the flr. The required measurements and triangulatin f evidence are then entered n the sketch. A crss-prjectin drawing may be used as a scaled drawing. Figure 2-2 depicts an example f a rugh sketch f an interir crime scene shwing evidence measurements and triangulatin. See Figure 2-2. Figure 2-3 depicts an example f a rugh sketch f an utdr crime scene shwing evidence measurements and triangulatin. See Figure 2-3. Figure 2-4 depicts an example f a finished sketch drawn t scale f an indr crime scene. See Figure MP2002

66 Figure 2-5 depicts an example f a crss prjectin sketch, which is drawn t scale. See Figure 2-5. Figure 2-2. Rugh Sketch Shwing Evidence Measurements and Triangulatin f an Interir Scene. MP

67 Figure 2-3. Rugh Sketch Shwing Evidence Measurements and Triangulatin f an Outdr Scene MP2002

68 Figure 2-4. Finished Sketch Drawn t Scale. MP

69 Figure 2-5. Crss Prjectin Sketch drawn t Scale MP2002

70 PART B - EVIDENCE COLLECTION Althugh the circumstances f a case must always guide yur actins in prcessing a crime scene, experience has shwn that the fllwing general rules are useful in systematizing the search fr, and the cllectin f, evidence and in preventing errrs. Give first pririty t fragile evidence that can be altered by time r the elements. Cllecting evidence at a crime scene is usually dne after the search has been cmpleted, the phtgraphs have been taken, and the rugh sketches have been drawn. But under certain cnditins it may be best t cllect fragile items f evidence as they are fund. Sme frms f evidence can be destryed by the elements r be cntaminated, despite prtective measures. Next, cllect items that culd impede the search f the scene--but nly after they have been lcated, nted, phtgraphed, and depicted n the sketch. The essential factr is that the evidence be carefully and prperly cllected. Place yur initials and the date and time f cllectin n each piece f evidence s yu can identify it at a later date. D this as yu cllect the evidence. Place the infrmatin where it is least likely t affect the appearance, mnetary value, use, and evidence value f the item. Evidence that cannt be marked must be placed in a prper, clean cntainer; sealed; and identified by marks n the cntainer. Make ntes, t include a descriptin, in yur ntebk at the time the evidence is marked. Examine, phtgraph, sketch, recrd, and cllect majr evidence in the rder that is mst lgical, cnsidering the need t cnserve mvement. D nt mve any item until it has been examined fr trace evidence. Make casts and lift latent prints frm items that must be mved. Or at least develp, phtgraph, and cver prints with tape befre an item is mved. Yu may have t damage, partially destry, r therwise decrease the effectiveness f an article t cllect imprtant evidence. Such actins are based n the needs f the individual case. Yu may have t cut the uphlstery n a piece f furniture t get an area stained with bld. Yu might need t cut ut a sectin f a wall t cllect fingerprints r ther evidence that cannt be cllected by ther means. A dr r a windw may need t be remved frm a building t prcess it at a lab r t hld it as evidence. When a dr r a windw is remved r when a building r a rm is made insecure by evidence cllectin actins, make sure that measures are taken t prtect the interir's cntents. When death is invlved, prcess the evidence between the pint f entry t the scene and the bdy. Next, make a detailed search f the deceased. After the search, remve the bdy. Then cntinue prcessing evidence. MP

71 After prcessing the majr, bvius evidence, search fr and cllect trace evidence. After the trace evidence has been prcessed, the scene shuld be dusted fr latent prints. If latent prints are fund, they shuld be phtgraphed and cllected. After the latent prints are lifted, explre the scene fr trace evidence that was nt bserved during the visual search. Pieces f evidence fund during the explratry search shuld be nted, phtgraphed, sketched, and cllected. When sweeping r vacuuming, surface areas shuld be segmented. Package the sweepings frm each area separately. Recrd the lcatin f their pint f recvery. Make eliminatin prints f investigatrs and all ther persns wh may have had access t the crime scene. Eliminatin prints allw the lab t eliminate the prints f all persns wh had legal access t the scene. Usually, eliminatin fingerprints and physical evidence standards are cllected after yu cmplete the abve actins. When cllecting evidence at the crime scene fr lab analysis, the amunts needed will depend n the nature f the evidence and the tests t be cnducted. Fr prper evaluatin f stains by lab technicians, submit cntrl samples in additin t the cllected stains. Fr example, a stain n sil r prus surfaces is cllected by dipping r guging beneath the stain. Als, unstained prtins are cllected and identified as cntrl samples. Preserve the integrity f cntrl samples as carefully as yu d the integrity f evidence. As yu begin yur effrts t prcess evidence, remember that the evidence value f materials f the scene is nt always easy t tell in the early stages f an investigatin. If yu have any dubt abut whether r nt t cllect and preserve an item that nly might be evidence, d s. Cllect and preserve glass fragments, fr example, even if yu are unsure they will be useful. If yu d nt, the brken glass is likely t be discarded as trash. Use care with drs, windws, and ther penings with hinged r sliding drs r cvers. They must nt be pened, clsed, r handled in any way that wuld destry r mar minute tl marks r fingerprints. In handling a firearm, take care nt t cause the lss f pssible latent prints unless certain they will nt be material t the case. In mst cases, weapns may be picked up by the grips. The checkering precludes getting usable prints frm this area. Or yu may use a piece f wire r like material placed thrugh the trigger guard r lanyard ring. D nt use a handkerchief r like material r insert any bject int the bre t pick up the weapn. It is lgical t start the search f a crime scene fr fingerprint evidence at the pint f entry. Check all pssible pints f entry t see if futile tries may have been made there. A strng blique light is a great aid in finding latent fingerprints. Check walls. When a persn picks up a heavy bject clse t a wall, he may place his hand n the wall as a brace. Lk n cunter tps and ther flat surfaces where persns may lean, as well as lking n bjects they may 2-19 MP2002

72 mve. And check the undersides f heavy bjects like tables, chairs, and ther furniture. It is natural fr finger cntact t take place when lifting r mving them. When a latent print is fund, the first - always the first - thing t d is t phtgraph it. Only after a print has been phtgraphed shuld yu try ther means t preserve the print. Always include a ruler in phtgraphs f fingerprint evidence. Phtgraphic techniques such as using reflected light at varius angles, filters, and different types f film may be needed t make a phtgraph f value. And back-lighting thrugh a pane f glass has been successful with even the faintest f latent prints. Nte exactly where, when, by whm, and n what bjects latent prints are fund. Mark even partial prints fr rientatin if yu can. Frm a print's lcatin yu may be able t tell which hand made the fingerprint. If yu find tw r three prints, it is ften pssible t tell which fingers made them. When searching indrs fr ftprints, first darken the rm. Then use a flashlight t search flrs, windw sills, and furniture. Oblique lighting ften makes it pssible t see prints that cannt be seen with rdinary r direct light. Ftprints n carpets can be phtgraphed. Gd results have been gtten by using a high cntrast film and a high cntrast paper fr the print. Prints made by dirt sticking t shes can be lifted by using large sheets f fingerprint lifting tape, gelatin print lifters, r the electrstatic dust print lifter. If a firearm was discharged, pellets r bullets may be ldged in ceilings, walls, furniture r flring. When taking a bullet frm its resting place, yu must use care nt t mutilate any identifiable features. Recrd exact details as t lcatin and cnditin f the bullet, type material it pierced, and depth f penetratin. Nte irregularities f size and shape, and apprximate angle f impact. Als nte any ther infrmatin which may help the labratry examiner. Nte in yur crime scene sketch the pint at which each discharged bullet r fired cartridge case was fund. Tl marks are preserved even if n tls are fund at the crime scene. The tls that made the marks may be fund later. Check every dr, windw, and ther pening that may have been used as a means f entry r exit. Tl marks are likely t be discvered at these pints, especially if frcible entry r exit has been made. Pay clse attentin t brken, frced, r cut lcks, latches, and blts, and the area arund them. Als examine safes, cabinets, desks, chairs, tables, r ladders fr marks. Search the entire scene and beynd fr the tl that may have been used. The hardest evidence t lcate at the crime scene is hairs and fibers. The search must be thrugh, detailed, and exacting. Obvius lcatins t search include headgear and clthing. Pay special attentin t linings, pckets, and cuffs. Anther place t search is the victim's bdy, especially in sex crimes. Check underneath the fingernails. Als check any uphlstered surface at the crime scene. MP

73 Sils, rcks, and ther minerals may be fund n a suspect's bdy, shes, clthing, r vehicle. They may be fund n tls used in a crime, n a victim, r elsewhere at the crime scene. Keep these and ther surces f trace evidence in mind. Be diligent in yur search fr them at the scene, n the suspect, r n equipment he has used. Nte stains, spts, and pls f liquid within the scene and treat them as evidence. Fluid samples may be cllected with a clean medicine drpper and refrigerated. Yur cllecting f evidence frm an injured victim at a crime scene will be very limited. Usually, yu nly make a quick bservatin f the victim's dress, general cnditin, and the nature f the victim's wunds r injuries. In sme cases even this much cannt be dne befre seeking medical care. The investigatr wh ges t the hspital t interview the victim shuld cllect, r make arrangements t cllect, items f physical evidence and certain evidence standards that may be needed in the case. Fr example, when it is apparent there was physical cntact between a suspect and a victim, the victim's clthing shuld be recvered. Wrap each item separately and mark it. If a victim reprts having slapped at r clutched a suspect, fingernail scrapings shuld be cllected. If a victim's injuries result in bleeding, get a sample f the victim's bld fr typing by the crime lab. Get a sample even if the pathlgist will run extensive bld tests. If bld is invlved, the crime lab will want t run its wn tests. The nature and the exact lcatin f any f a victim's wunds r injuries shuld be learned frm the examining physician. Make arrangements t phtgraph bruises suffered by the victim. Phtgraphs f bruises shuld be taken as sn as pssible, because bruised areas tend t change appearance rapidly. Phtgraphs shuld als be taken at 24 hurs, 48 hurs, and 72 hurs after the incident t shw changes in clratin f the bruised area. Changes in clratin aid in determining time and date f the injury. In the case f a deceased victim, yur search fr evidence at the scene will be detailed. Befre a bdy is mved -- even slightly -- its psitin and everything cncerning its discvery must be phtgraphed and recrded in detail. First phtgraph the bdy t shw its psitin in relatin t the scene. Nte the psitin f the limbs in reference t the bdy. Then, take clse-up phts t shw details f wunds r injuries and f the psitins f apparent evidence items with respect t the bdy. Then take measurements and draw yur sketches. After these details have been recrded, a thrugh search f the bdy may begin. Examine the bdy fr minute items f evidence like hair and fibers, paint, r glass chips. Yur mst imprtant actin is t ensure that the psitin f the evidence n the bdy is recrded precisely. The quality f trace evidence is ften determined as much by where it was fund as by what it is. Thus, glass slivers fund in the seam f the left she shuld be recrded in such a way that all details are shwn MP2002

74 T be thrugh, start the search at the tp f the head. Prceed dwn ne side f the bdy t the ft and the sles f the she. Next, repeat the prcess n the ther side. Try t spt hairs clinging t the clthing r attached t the fingernails. T see hair r fibers yu may need t view the silhuette f the bdy against a light. It is rarely wise t take eliminatin fingerprints f a dead victim at the crime scene. Nr shuld yu scrape the crpse's fingernails in the field. Weather cnditins and the likelihd that rigr mrtis will have ccurred pse t many prblems. Such tasks are better dne at the mrgue. T prtect the victim's hands frm cntaminatin, place clean paper bags ver them and tie r fasten them securely at the wrist. Avid using plastic bags. They cause cndensatin, which can destry evidence. After searching the bdy and remving it frm the crime scene in a clean sheet (bedsheet), it shuld be placed in a clean, dispsable bdy bag fr shipment t the mrgue. This makes sure physical evidence is nt lst. It als prevents crss-cntaminatin f the evidence n the bdy during shipment. After the bdy is remved, ensure that the area under the bdy is phtgraphed and examined in detail immediately after the bdy is mved. An investigatr shuld accmpany the bdy t the mrgue. The search f the bdy is cntinued at the mrgue. This is usually dne by the pathlgist ding the autpsy. Because the pathlgist shuld have smene present wh is aware f all the details f the crime and the crime scene, yu als shuld be present. Yu shuld stay during the autpsy. The pathlgist r medical examiner is in charge f the bdy and related evidence until the examinatins are dne, and the bdy is released fr further dispsitin. Therefre, yu must key yur wn examinatins and actins t the pathlgist's r medical examiner's plicies until the bdy is released. Make ntes f the cause f death, depth and general nature f the wunds, and ther cntributing factrs as described by the dctr. Als nte the pathlgist's estimate f the time f death. Arrange t get a cpy f the death certificate and autpsy reprt. Befre a deceased victim is undressed, the clthing and hands shuld again be examined fr trace materials. Because the lighting is usually better at the mrgue, quite ften material that was missed in the field will be fund during this search. When the bdy is undressed, try t see that garments are nt cut fr remval if this is at all pssible. If a cut must be made, bldy r stained areas and pints f bvius damage must be left as they are. Entry and exit pints f bullets r weapns must be preserved. Garments shuld nt be shaken ut. If a garment is wet r bldsaked, it shuld be laid ut flat t dry naturally in a ventilated space at rm temperature. It may be wrapped in clean paper, as lng as ne wet area des nt cme in cntact with any ther surface f the garment. Wrap each item f clthing separately. Never put damp garments in a plastic bag; rapid bilgical change will almst always result. MP

75 Once the victim is undressed, the bdy is again examined. All marks r wunds are recrded. Take clseup phtgraphs f wunds and injuries. Include a ruler in the picture t shw the scale. Head and pubic hair samples are cllected if the nature f the case requires. Place these in a clean piece f tissue paper, fld carefully, and seal in a clean envelpe, marked with all needed data. If rape is suspected, vaginal smears shuld be btained by the pathlgist t be sent t the crime lab. The swabs used fr the smears shuld als be sent t the lab. If pssible, use the standard investigatr's rape kit. Cmply with the instructins cntained in the kit. Inked eliminatin finger and palm prints f the deceased victim are als taken at the mrgue. If the hands are t be swabbed fr firearm residue, d this befre the victim is fingerprinted. If the bdy was fund withut shes, make inked prints f the feet. Any slugs r ther bjects recvered during the autpsy will be marked by the pathlgist and released t yu fr packaging and shipment t the crime lab. When yu cllect evidence frm a suspect, take custdy, as sn as pssible, f the clthing the suspect was wearing when he r she was arrested. If much time has passed since the crime tk place, taking custdy f the shes may be all that is needed. If the suspect's clthing at the time f arrest is thught t be the same as that wrn when the crime tk place, send all f it t the lab fr examinatin. Handle each clthing item, including shes, with care and wrap it separately. After cllecting a suspect's clthing, cllect ther evidence fr frwarding t the crime lab. These include samples f the suspect's bld and hair, fingernail scrapings, firearm residue, and a full set f fingerprints and palm prints. If prints r impressins f bare feet were fund at the crime scene, take a set f inked ftprints frm the suspect. When cllecting evidence frm an utdr crime scene, give attentin t the rute searchers will take t the fcal pint f the crime. Almst all the evidence that will be recvered will be fund n the grund. Thus, it can be easily verlked r walked n. The searchers' apprach shuld fllw a rute that seems least likely t have been used by the criminal. The nature f an utdr site influences the types f materials that yu cllect. Fr example, because there are far fewer smth surfaces in utdr crime scenes, fingerprints are fund less ften than in indr scenes. This des nt, hwever, preclude discvering prints n man-made bjects like weapns, cans, bttles, r ther items. And lcatins where evidence is fund in utdr crime scenes is ften harder t recrd, because there are fewer reference pints utdrs MP2002

76 Carefully examine the vegetatin in the area fr damage. It may be pssible t tell the path taken by the suspect. And it will als help yu recnstruct the events leading up t the crime. Tree limbs r wdy vines with tl marks shuld be carefully nted and cllected. Brken limbs r twigs arund r leading t the fcal pint f the crime shuld be checked clsely fr fibers r fragments f clthing. Lk fr paint chips and ther trace evidence items that may have been depsited by the passage f the suspect r his vehicle. Examine the area arund the base f any tree r bush that appears t have been altered by the passage f an bject. If bld r semen is suspected t be mixed with sil, samples f the sil shuld be cllected, prcessed, packaged, and marked. Make careful search fr tire and she impressins. Thse fund shuld be phtgraphed and prcessed. If yu can tell the psitin n the vehicle r the tire that made the impressin, put that fact in yur ntes. Cllect sil samples frm the immediate area f ft r tire impressins. Place each sample in a separate clean cntainer. Recrd each sample's exact lcatin and the date and time f cllectin in yur ntes. Mark the same infrmatin n the cntainer and add yur initials. In utdr death cases, the area directly under the bdy shuld be given the mst attentin. It is here that imprtant physical evidence is mst likely fund. Althugh the wind may blw away pieces f trace evidence riginally n r arund the bdy, evidence that is under the bdy will usually be trapped and prtected frm the weather. But be sure t search the area clse t the bdy fr materials that culd have been transferred t the suspect during the cmmissin f the crime. Cllect samples f the sil and ther remaining materials t be sent t the crime lab t be examined in detail. The vegetatin itself is f little imprtance, but the micrscpic materials that it may carry culd be valuable evidence. PRESERVING THE EVIDENCE It is yur respnsibility t make sure that every precautin is taken t preserve evidence in its riginal state until its final dispsitin. The main scientific requirement fr handling and preserving evidence is that the evidence be prtected frm change. Organic materials will always underg sme change. Inrganic materials may underg change frm the weather r ther unavidable actins. Yu shuld take every precautin t prevent r t minimize change. Handle the evidence as little as pssible. Rubber glves may be used. Use nly clean cntainers t stre and ship evidence. Clean cntainers reduce the chance fr chemical and bacterial cntaminatin f a sample. Use cntainers that prevent spillage, evapratin, and seepage. Take care nt t accidentally scratch, bend, r unnecessarily tuch evidence. Watch fr crss-exchange, such as placing a suspect tl that will be examined fr paint in cntact with painted surfaces at the crime scene. If yu tuch a piece f evidence and leave yur fingerprints n it, shw this fact in yur ntes. Als, if lab persnnel are t examine the evidence, be MP

77 sure t infrm them that yur fingerprints are n it. Submit a set f yur fingerprints fr eliminatin. Preservatin f evidence includes preserving the security f the evidence. It als includes preserving its chain f custdy. Each persn in the chain is respnsible fr the care, safekeeping, and preservatin f the evidence under his cntrl. Persns in a chain f custdy are identified n the DA Frm 4137 (Evidence/Prperty Custdy Dcument), which is initiated when the evidence is acquired. This frm, knwn as the custdy dcument, is a multipurpse frm. It is a receipt fr acquiring evidence. It is a recrd f the chain f custdy f evidence and authrity fr final dispsitin. And it cites the final dispsitin and/r witnessing f destructin f the evidence. Evidence is stred in a key-type field safe r ther high security cntainer fr temprary strage f evidence during ther than nrmal duty hurs. The evidence custdian is respnsible fr the evidence when yu r ther cmpetent authrity invlved in the investigatin, like a trial cunsel, are nt using it. Evidence that yu btain must be tagged befre it is submitted t the evidence custdian. Tagging shuld be dne at the crime scene when the evidence is cllected, at the place where it is received, r as sn as pssible thereafter. Attach DA Frm 4002 (Evidence/ Prperty Tag) r its equivalent t each piece f evidence t identify and cntrl it. When pieces f evidence are gruped tgether, like tls in a tl bx, and listed as ne item n DA Frm 4137, nly ne tag is used. When heat seal bags are used, affix a self-adhering DA Frm 4002 t the bag. RECOMMENDED METHODS FOR HANDLING SPECIFIC ITEMS OF EVIDENCE ITEM Handguns Paper mney, dcuments, paper Brken glass METHOD Use yur fingers n knurled grips. D nt tuch smth grips r smth metal parts. Use the tip f the grips. D nt tuch the magazine base f pistls. Place in a bx, bracing the weapn at frnt and rear. Use tweezers. D nt place tweezers ver any bvius smudge. Place each item in a clean envelpe r bag. Use yur fingers n the edges f larger pieces. D nt tuch flat surfaces. Use tweezers n pieces t small fr yur fingers. D nt grasp ver any bvius smudges. Wrap pieces individually in clean tissue, and place in a bx, and stabilize t prevent rubbing, shifting, r breakage MP2002

78 RECOMMENDED METHODS FOR HANDLING SPECIFIC ITEMS OF EVIDENCE ITEM Dried stains n smth surfaces f furniture Bttles, jars, drinking glasses Bullets Cartridge cases Dried stains n a flr METHOD Cllect prtin f furniture bearing surfaces f furniture stain in riginal pattern, if pssible; therwise, scrape with pcket knife r putty knife, remving as little f the finished surface as pssible. Insert tw r mre fingers int large muth vessels. Place the index fingers n the tp and bttm f small muth vessels. D nt cntaminate r spill any substances in the vessel that may have evidence value. Use yur fingers r use tweezers with taped ends. Avid damage t rifling marks n the circumference. Place in a pillbx. Pick up at the pen end with tweezers. Avid scratching. Place in a pillbx. Cllect prtin f flr bearing stain in riginal pattern, if pssible; therwise, remve by guging deeper than the stain with putty knife, wd chisel, r ther necessary tl. Place in pillbx r larger similar cntainer. PREPARING DA FORM 4137 Yu must recrd each item f evidence that yu acquire n a DA Frm Prepare an riginal and three cpies. Entries shuld be typed r printed legibly in ink. When evidence is received frm a persn, give the last cpy t him r her as a receipt. When evidence is fund, rather than received frm a persn, give the last cpy t the respnsible fficer at the scene. The riginal and the first tw cpies g t the evidence custdian. He keeps the riginal and first cpy fr his recrds. The secnd cpy is returned t yu fr inclusin in the case file. Cmplete the administrative sectin f the custdy dcument, stating clearly hw the evidence was btained. In the Descriptin f Articles sectin, describe each item f evidence, accurately and in detail. Cite the mdel, serial number, cnditin, and any unusual marks r scratches. Enter the quantity f an item that is hard t measure r subject t change, like glass fragments r crushed tablets, using terms like Apprximately 50, r Undetermined, r Unknwn. The Chain f Custdy sectin prvides infrmatin abut the release and receipt f evidence. Frm initial acquisitin f evidence t its final dispsitin, every change in custdy must be recrded in this sectin. The MP

79 first entry under the Released By clumn is the signature, name, and grade r title f the persn frm whm the prperty was taken. If the persn refuses r is unable t sign, enter his name n the frm and write Refused r Unable t sign in the signature blck. If the evidence was fund at the scene r if the wner cannt be determined, write NA in the signature blck. Under Purpse f Change f Custdy clumn write Evidence. Or, if yu are als the evidence custdian, write Received by Evidence Custdian. If the evidence yu are listing is nnfungible evidence sealed in a cntainer, nte this infrmatin in this blck as Sealed in a (state the type f cntainer here). And whenever custdy f sealed fungible evidence changes, nte in this clumn Sealed cntainer received, cntents nt inventried. This may be abbreviated as SCRCNI. If and when any change f custdy ccurs, it is the respnsibility f the persn in cntrl f the evidence at that time t ensure that entries f the change are made n the riginal DA Frm 4137 and all apprpriate cpies. The imprtance f keeping accurate and cmplete custdy dcuments cannt be veremphasized. WRAPPING, PACKING, AND TRANSMITTING EVIDENCE TO THE LAB When evidence is t be sent t the lab yu must ensure its security and chain f custdy are nt vilated. A package wrapped fr shipment t the labratry shuld cntain evidence frm nly ne investigatin. Each item f evidence within the shipping cntainer shuld be in its wn separate package. Vilatin f this prcedure can result in cntaminatin f evidence and prblems in the chain f custdy. Cmplete DA Frm 3655 (Crime Lab Examinatin Request) in an riginal and tw cpies. Instructins fr cmpleting this frm are utlined in Chapter 5 f AR Keep ne cpy f the frm in the investigative case file. The riginal and the ther cpy f the frm will g with the evidence t the labratry. Yur phtgraphs and sketches are ften very useful t the lab examiners, particularly in vilent crimes. Cnsider including cpies f them when yu send evidence t the labratry. Pack each item in a way that will minimize frictin and prevent it frm shifting, breaking, leaking, r cntacting ther evidence. Pack in cttn r sft paper, items that are particularly susceptible t being brken, marred, r damaged. Wrap each item f evidence separately. Label each item t crrespnd with its entry n DA Frm 3655 and pack it securely in a shipping bx. Dcumentary evidence may be placed in an envelpe. Seal the bx r envelpe cntaining the evidence with packaging tape. Place yur initials r signature acrss the sealed flap f the envelpe r acrss the paper tape used t seal the bx. Cver yur initials r signature with transparent tape. Place the riginal and ne cpy f DA Frm 3655 and the riginal f DA Frm 4137, btained frm the evidence custdian, in an envelpe. Seal it, and 2-27 MP2002

80 address it t the labratry with an attentin line t the specific divisin (dcument, fingerprint, firearm). Tape this sealed envelpe securely t the bx r envelpe cntaining the evidence. Then wrap the bx in heavy paper r seal the envelpe inside anther envelpe. Label packages cntaining items f evidence that require careful r selective handling while in transit Crrsive, Fragile, Keep Away Frm Fire, r Keep Cl, as apprpriate. And keep in mind that evidence needing refrigeratin can be damaged r destryed if left unattended in a pst ffice ver a weekend. The way yu transmit evidence t the crime labs depends n the type f evidence and the urgency f need fr the results. Evidence may be hand carried t the lab r sent by first class, registered mail. It may als be transprted by gvernment carrier. Federal laws prhibit transmitting certain types f merchandise thrugh pstal channels. If there is any questin n mailing, cnsult the nearest pstmaster. * Requirements fr the transmittal f bilgical fluids such as bld are fund in 42 CFR (Cdes f Federal Regulatin) part If there is any questin n mailing and packaging f bilgical fluids, cnsult with persnnel in the Evidence Prcessing Sectin at USACIL. Chemicals, gases, unexplded bmbs, detnatrs, fuses, blasting caps, and ther explsive r flammable materials cannt be sent by mail. Transmittal f these items f evidence must cnfrm t the prvisins f AR , Interstate Cmmerce Cmmissin regulatins, and apprpriate State and municipal rdinances. Befre these items are frwarded, yu must ntify the labratry that the shipment is planned and the lab must acknwledge receipt f ntificatin. In yur ntificatin give details f hw the materials are packed. This will reduce the danger invlved in unpacking these items at the labratry. Figure 2-6 depicts an example f a cmpleted DA Frm See Figure 2-6. Figure 2-7 depicts a cmpleted DA Frm 4137 (Frnt). See Figure 2-7. Figure 2-8 depicts a cmpleted DA Frm 4137 (Back). See Figure 2-8. Figure 2-9 depicts an example f hw t prperly wrap and package evidence t be sent t USACIL. See Figure 2-9. Figure 2-10 depicts an example f a cmpleted DA Frm 3655 (Frnt). See Figure Figure 2-11 depicts an example f a cmpleted DA Frm 3655 (Back). See Figure MP

81 ACCOUNTING FOR EVIDENCE The evidence ledger must be a bund recrd bk (FSN ). It will prvide accuntability thrugh crss referencing DA Frm The dcument numbers assigned t evidence cme frm this ledger. The evidence ledger must fllw the dispsitin schedule set by AR The ledger will be destryed three years after final dispsitin f all items entered in it. Figure 2-6. Evidence/Prperty Tag (DA Frm 4002) MP2002

82 Figure 2-7. Evidential Chain f Custdy, Recrded n DA Frm 4137 (Frnt). MP

83 Figure 2-8. Evidential Chain f Custdy, Recrded n DA Frm 4137 (Back) MP2002

84 Figure 2-9. Wrapping and Packing Evidence t be Sent t the Lab. MP

85 Figure Evidence Examinatin Request, Recrded n DA Frm 3655 (Frnt) MP2002

86 Figure Evidence Examinatin Request, Recrded n DA Frm 3655 (Back). MP

87 The cver f the evidence ledger (see Figure 2-12) shuld cntain the fllwing infrmatin: Name f rganizatin r activity respnsible fr the evidence rm. Dates spanned by the entries. Figure Evidence Ledger Cver. Prcessing DA Frm The evidence custdian has a specific prcedure t fllw after receiving evidence. This prcedure is listed belw. The evidence custdian-- Checks DA Frm Crrects errrs if necessary. Des nt pen any sealed cntainer f fungible evidence. Ntes SCRCNI in Purpse f Change f Custdy clumn n DA Frm Assigns a dcument number. See Figure Figure Dcument Numbers MP2002

88 Distributes DA Frm 4137 after the chain f custdy is cmplete. Makes sure all cpies have a dcument number. See Figure Figure Distributin f DA Frm Shws the lcatin f evidence in the evidence rm n the bttm margin f DA Frm He r she makes the nte using a pencil. Files the riginal and first cpy f DA Frm Flder must be nt thicker than 3/4. Limit flder t 50 dcuments. Shws number and year f enclsed dcuments n the utside f the flder. See Figure Figure DA Frm 4137, Dcument File Flder. Established a Supreme File when temprarily releasing evidence frm the evidence rm. The riginal DA Frm 4137 will g with the evidence t whmever is requesting it fr temprary release. In rder t keep abreast f the frm and evidence, a suspense file is established. MP

89 Fr this file, the first cpy f DA Frm 4137 is detached frm the riginal and put in suspense. The title f the file crrespnds t the reasn the evidence was temprarily released. There are three majr types f suspense files: USACIL--fr evidence sent t labratries. ADJUDICATION--fr evidence released t Article 32 investigatin fficers, curts, staff judge advcate (SJA) fficers, and ther persns fr legal prceedings. PENDING DISPOSITION APPROVAL--when the riginal is sent t the SJA fr apprval f dispsitin. See Figure Other types f suspense files may be needed as management tls. Dispsitin f Evidence Figure Suspense Files. After final dispsitin f evidence has been made, put the riginal vucher in a separate evidence vucher file. File number 195-5a has been set up fr this purpse. It will be maintained in the evidence rm. The vuchers will be dispsed f in accrdance with AR After the riginal vucher has been filed, any remaining vuchers may be destryed. When the vucher pertains t a Reprt f Investigatin (ROI) r Military Plice Reprt (MPR), a cpy will be frwarded t the US Army Crime Recrds Center (USACRC) as an exhibit t the final reprt. If the evidence was cllected after the final reprt was submitted, a cpy f the vucher will be 2-37 MP2002

90 frwarded as an exhibit t the supplemental reprt. A cpy f the vucher will als be attached t the ffice file cpy f the reprt. A cpy will be made frm the suspense cpy f DA Frm 4137 and placed in the evidence vucher file (nting the dispsitin f the riginal frm) if the riginal DA Frm Is entered as a permanent part f the recrd f trial. Accmpanies evidence released t an external agency. Is nt available fr any ther reasn. REMOVING EVIDENCE Evidence may be remved frm the evidence rm nly fr permanent dispsal and temprary release fr specific reasns. There are tw cmmn reasns fr temprary remval f evidence. They are-- Transmittal t a crime lab fr examinatin fr legal reasns. Presentatin at a curt-martial r hearing fllwing Article 32, UCMJ. The persn wh receives temprary custdy f evidence must-- Sign in the Received By clumn f DA Frm 4137 in the Chain f Custdy prtin. Safeguard and maintain chain f custdy until evidence is returned. When the evidence custdian releases the evidence temprarily, there are strict prcedures which must be fllwed. See Figure Smetimes items listed n the same DA Frm 4137 must g t different places. If s, the same prcedure is fllwed as shwn in Figure Use cpies f DA Frm 4137 t accmpany evidence. Nte n the riginal frm that cpies have been made. PRIMARY CUSTODIAN Fr USACIDC activities, evidence custdians must-- Be accredited enlisted agents. Warrant fficer if apprved by USACIDC Grup Cmmander. DA civilian special agent r investigative peratins assistant if required. MP

91 Fr MP activities, evidence custdians must be a-- Figure Temprary Release f Evidence. Cmmissined fficer. Nncmmissined fficer in MOS 95B/C, grade E5 r higher. DA civilian emplyee, grade level determined by the lcal civilian persnnel ffice (must have favrable backgrund investigatin). If sufficient r qualified military r civilian persnnel are nt available, exceptins may be made by the installatin cmmander. The field ffice, regin, r cmmanding general USACIDC may appint the evidence custdian. AR must be cited as the authrity fr appintments f evidence custdians. A cpy f the appinting paper wrk must be kept in the depsitry 310-2c file. Primary evidence custdians are respnsible fr-- Accuntability, preservatin, safeguarding, and dispsitin f all evidence received in the depsitry. Maintenance f all evidence recrds in accrdance with AR MP2002

92 Prtectin f evidence frm lss, deteriratin, and unnecessary damage. ALTERNATE CUSTODIANS Alternate custdians have the same prerequisites as primary evidence custdians. Each alternate evidence custdian must be appinted, as an additinal duty, by the same authrity appinting the primary custdian. A cpy f the appinting dcument must be maintained in the evidence depsitry under file number 310-2c. AR must be cited as authrity fr appintment f alternate evidence custdians. The alternate evidence custdian assumes all duties and respnsibilities f the primary evidence custdian during the temprary absence f the primary evidence custdian. Temprary absence f the primary evidence custdian is cnsidered t be a perid f mre than 24 hurs but nt mre than 30 days. Transfer f Respnsibilities Temprary custdianship. Transfer the respnsibilities between primary and alternate evidence custdians using the fllwing prcedures: Upn assuming duties f the primary custdian, the alternate custdian must enter and sign the fllwing statement in the evidence ledger immediately belw the last entry. Alternate's Statement I, (Name), n (Date), assumed all duties f the primary evidence custdian during the temprary absence f the regularly appinted custdian. I accept respnsibility and accuntability fr all evidence cntained in the evidence rm. (Signature f Alternate Evidence Custdian) Upn the primary custdian's return frm temprary absence he/she will ensure that the recrds are crrect and the evidence accunted fr is prperly dcumented. The primary custdian must enter and sign the fllwing statement in the evidence ledger immediately belw the last entry. Primary's Statement I, (Name), n (Date), resume my psitin as primary evidence custdian and accept respnsibility and accuntability fr all evidence cntained in the evidence rm. (Signature f Primary Evidence Custdian) MP

93 If the primary custdian discvers the alternate has made an incrrect entry during his r her temprary tenure, it must be immediately brught t the attentin f the CID supervisr r PM. The primary custdian must als prepare a certificate utlining the errr and what actin was taken t crrect the discrepancy. The riginal f this certificate must be filed with the applicable DA Frm It may be filed in a file flder under number 195-5a if the errr des nt apply t DA Frm Evidence Ledger The evidence ledger is the lg that shws accuntability f items f evidence. Try t fill the ledger befre starting a new ne. If there are nly a few pages left blank, they need nt be used fr the fllwing year. A busy MPI sectin may fill mre than ne ledger per year. Cnversely, a sectin with few entries per year culd use the same ledger fr several years. Lk at Figure 2-18 fr a sample evidence ledger. Figure Evidence Ledger. Ntice there are six clumns. They will span tw facing pages when the bk is pened. Bth vertical and hrizntal lines shuld be used t separate entries. All entries shuld be in black r blue ink. The six clumns shuld be cmpleted as fllws: Dcument number and date received. This clumn cntains the dcument number assigned t the evidence custdy dcument. The date the DA Frm 4137 was received in the evidence rm is entered belw this number. CID sequence number r MPR number. The number assigned t the investigatin the evidence pertains t is entered in this clumn. CID 2-41 MP2002

94 units may use the MPR number as well as the CID sequence number when the military plice prepare an MPR n the same investigatin. Brief descriptin f evidence. A brief descriptin f the evidence is entered in this clumn. The item number frm the DA Frm 4137 is entered als fr crss-reference. Fungible evidence sealed in a cntainer will be briefly described frm the data n the DA Frm This entry des nt imply that the evidence custdian has inventried the items. Date f final dispsitin. The date the evidence was dispsed f, as shwn in the Chain f Custdy sectin f the DA Frm 4137, is entered in this clumn. When a DA Frm 4137 cntains several items and they are nt dispsed f n the same date, the date f dispsitin fr each item shuld be shwn ppsite its descriptin. When all the items in the entry are dispsed f n the same date, nly ne date is entered, fllwed by the wrds all items (fr example, 25 Jan 84-all items). Final dispsitin. A brief nte n the means f final dispsitin is entered in this clumn ppsite the item's descriptin. When all items in the entry have been dispsed f in the same manner, the means f dispsal may be listed nce. Precede the entry by the wrds all items ; fr example, all items burned. Remarks. This clumn may be used t recrd any infrmatin the evidence custdian thinks is necessary. This may include crss-reference t anther DA Frm 4137 that cntains evidence frm the same investigatin; names f wners, subjects, investigatrs; ntatins t shw the presence f.0015 funds; r the results f labratry examinatins. When fungible evidence is received in a sealed cntainer and is nt inventried, the ntatin SCRCNI will be made. When signatures are required in the lg, extend the entry acrss bth pages. See Figure Draw a straight line frm the entry t the right and left margins f the ledger. After the last entry in a calendar year, clse the bk. A statement shuld be made with the fllwing infrmatin: DA Frm 4137 dcumented in ledger. Dcument the numbers f DA Frm Dcument calendar year. The first entry f the next calendar year shuld be entered n the next page. If the bund recrd bk is full, start a new bk. (See Figure 2-20.) MP

95 Figure Signatures in Evidence Ledger. Figure Evidence Ledger End f Year Entry. PART C - EVIDENCE STORAGE The evidence depsitry is mst ften a rm cnstructed fr the specific purpse f securing evidence. Circumstances may dictate the use f sme ther type f structure, area, r cntainer. Evidence custdians must be aware f the acceptable standards required f a structure that is nt cnstructed t current requirements. It is the respnsibility f each custdian t see that the depsitry meets current standards as cvered in Chapter 4 f AR When yu assume duties as an evidence custdian, cnduct yur wn inspectin f the security standards. (See Figure 2-21.) These requirements may nt have been incrprated in the riginal cnstructin f the depsitry. If deficiencies are nted, bring them t the attentin f the apprpriate cmmander and submit a wrk rder t make the desired change. Retain a cpy f the wrk rder n file fr IG inspectins MP2002

96 The evidence depsitry must be lcated in the same building where the CID, prvst marshal, security fficer, peratin, r administrative staffs are lcated. EVIDENCE DEPOSITORY Figure Typical Evidence Depsitry Rm. The rm used as the evidence depsitry must have walls extending frm the flr t the true ceiling. Walls and ceilings may be f masnry r wd cnstructin. Walls r ceilings that are f wden stud cnstructin will have a cmbined exterir and interir thickness f at least ne inch. Permanently installed flring f ther than masnry cnstructin may be used prvided the flr cannt be breached withut causing cnsiderable damage t the building structure. If suitable walls and ceilings are nt available, 6-gauge steel mesh with 2-inch diamnd grid may be permanently affixed t the interir wall r ceiling. Walls r ceilings may als be lined with steel plates at least 1/8 thick, permanently affixed t the flr. Walls r ceilings may be installed within a rm fr use as an evidence depsitry when the rm, walls, flring, r ceiling d nt meet structural standards. When installatin f a cage creates a space between the riginal walls f the rm and the cage, the additinal space must nt be used fr strage f evidence. It may be used as a wrk area fr packaging evidence r fr strage f packaging materials. Drways Nt mre than ne drway may allw access t and frm the evidence depsitry. Entrance int the evidence depsitry must require pening tw successive drs. When an interir steel mesh cage is used, the cage dr MP

97 will suffice as the secnd dr. In this case, the uter dr must be a slid cre wden r metal plate, r 6-gauge steel mesh (equivalent f that specified fr fabricated steel mesh cage cnstructin) and welded nt a metal frame. When the steel mesh cage is nt used, the drway f the evidence rm must be cvered by tw drs hung ne behind the ther. One dr may be cnstructed f a material f the type used fr cnstructing a steel mesh cage welded t a steel frame. The secnd dr may be cnstructed f slid cre wd, steel, r be a hllw wden dr reinfrced with a steel plate nt less than 1/8-inch thick. If a barred dr is used, the vertical steel bars must be at least 3/8-inch thick and must nt be spaced mre than fur inches apart with hrizntal bars welded t the vertical bars and spaced s that penings d nt exceed 32 square inches. Either dr may be hung n the utside f the drway. The inner and uter drs must be hung t prevent the dr frame frm being separated frm the dr casing. Dr hinges and pins shuld be installed n the inside; if nt, they must be installed s drs cannt be remved withut seriusly damaging the dr r dr jamb. All expsed hinge pins will be spt welded r branded t prevent remval. This is nt required when safety stud hinges are used r when the hinge pins are n the inside f the drs. Specificatins fr cnstructin f new evidence rms must include these standards. Lcks The uter dr must be secured by ne high security key padlck and hasp. The inner dr must be secured by ne changeable cmbinatin padlck. The padlck fr the uter dr f the evidence rm must cnfrm t military specificatins MIL-P43607 (GL) (High Security Padlck) NSN The changeable cmbinatin padlck fr the inner dr must cnfrm t requirements f military specificatin FF-P-110 (Sergeant and Greenleaf padlck, 8077A/8078A series), is the minimum acceptable changeable cmbinatin lck authrized. All lcks must be used with heavy steel hasps and staples. The hasps and staples must be welded r fastened t the dr and dr jamb with smth headed blts r rivets that penetrate the entire thickness f the dr r dr jamb. The blts r rivets must be spt welded r branded n the inside f the dr r dr facing t prevent their being pulled ut. Fabricated Staples. Evidence depsitries under 24-hur surveillance need have nly ne dr. In this case, the single dr must be slid wd r cvered with 1/8-inch steel plate. The same requirements n the padlck, staples, and hasps exist as fr a tw-dr depsitry. Many custdians have fund that lcally fabricated staples fr the high security padlck are made f sft steel. Testing the strength f this staple is recmmended. Can it be cut readily with a hand-held hacksaw blade? If it can, it bviusly is t sft MP2002

98 Windws The number f windws must be kept t the minimum. Preferably there shuld nt be windws at grund level. All windws must be cvered with steel r irn bars r steel mesh. When bars are used, they will be at least 3/8- inch thick, and vertical bars must nt be mre than 4-inches apart. Hrizntal bars must be welded t vertical bars and spaced s that penings between bars d nt exceed 32 square inches. Ends f the bars must be securely embedded in the wall r welded t a steel channel frame fastened securely t the windw casing. Acceptable steel mesh can be lcally fabricated frm high carbn steel, nt less than.15-inch thick, with a grid f nt mre than 2 inches frm center t center. Six-gauge steel mesh with a 2-inch diamnd grid may be used in areas where high carbn steel is nt readily available. The steel mesh must be welded r secured t a steel channel frame and fastened t the building by smth headed blts extending thrugh the entire windw casing. The steel mesh must be spt welded r branded n the interir r cemented int the structure itself. If central air cnditining is nt available, lcal units may be installed in windws r utside walls prvided the same security measures are taken. Interir Security A separate cntainer fr each categry f sensitive evidence is nt required. At least ne cntainer, depending n requirements, must be available fr additinal security f high value items such as watches and jewelry. Small amunts f narctic evidence, such as a package f marijuana cigarettes, pillbxes, and capsules, may be stred in bins r shelves alng with ther evidence. All firearms and ammunitin evidence will be stred in an apprved safe. AR des nt apply t evidence depsitries. The cntainers may be field safes, filing cabinets, lckers, r lcally fabricated cntainers capable f being secured with at least ne lcking device. Cntainers weighing less than 500 punds must be secured t the structure s remval is as difficult as penetrating the cntainer itself wuld be. This may be accmplished by use f a heavy chain secured t the cntainer and fastened t a part f the building such as a radiatr, water pipe, r eyelet installed fr this specific purpse. When several cntainers are used, they may be fastened tgether withut being fastened t the structure, prviding the cmbined weight f all the cntainers fastened tgether is at least 500 punds. The cntainers and any chains attached theret may be secured with either heavy pin-tumbler padlcks r cmbinatin padlcks. The evidence depsitry must be equipped with bins, cabinets, r shelves as space permits t allw fr neat and rderly arrangement f evidence n hand. The use f adjustable shelves is recmmended whenever pssible. Unifrm size envelpes arranged numerically by dcument numbers are recmmended when string small items such as cntrlled substances n shelves. Evidence depsitries, whenever pssible, shuld be f sufficient size t prvide space fr a table r desk within the depsitry itself fr the custdian t use while prcessing incming and utging evidence. A refrigeratr is required as a permanent fixture in the evidence depsitry. MP

99 INSPECTIONS AND INVENTORIES The cmmander respnsible fr the evidence depsitry is respnsible fr mnthly inspectins. This inspectin shuld check-- Orderliness. Cleanliness. Structural requirements. Security requirements. It is the cmmander's duty t ensure that evidence fllws existing regulatins in terms f-- Receipt f evidence. Prcessing f evidence. Safeguarding f evidence. Dispsitin f evidence. When the inspectin is cmplete, an entry must be made int the evidence ledger. Figure 2-22 gives an example f the entry. Inventries must be scheduled and cnducted-- Figure Evidence Ledger Entry After Inspectin. Once each calendar quarter. When there is a change f the primary custdian. When evidence is lst MP2002

100 Upn breach f security. A written request must be initiated by the apprpriate supervisr t the apprpriate cmmander t appint a disinterested fficer t cnduct quarterly inventries. The appinting authrity will select an fficer wh is nt a current member f USACIDC r assigned t military plice activities. The appinting authrity will als furnish the supervisr a cpy f the appinting dcument. The evidence custdian and the disinterested fficer appinted must cnduct the quarterly inventry. Quarterly Inventries Quarterly inventries must accunt fr all evidence n hand by cmparing evidence with the custdy dcument and with crrespnding ledger entries. The check is fr similarity f descriptins f evidence in the descriptin sectin f DA Frm 4137 and the descriptin clumn f the ledger. Accunt fr all evidence n temprary release by checking the suspense file t ensure evidence n temprary release is prperly receipted r assigned the apprpriate registered mail number. In cnducting the inventry, a list f the dcument numbers shuld be maintained and crss-checked with the ledger. This will ensure that all pen entries in the ledger are accunted fr. Evidence such as marijuana and drugs need nt be subject t weighing fr verificatin unless there appears t be a significant difference between the actual item and the descriptin and labratry weight r accunt. The inventry fficer must nt handle sensitive r fragile evidence if such handling will affect the validity f the evidence (such as items being held fr fingerprinting). In the event such evidence cannt be prperly inventried withut the fficer physically handling it, the supervisr must be cntacted fr reslutin. At the cnclusin f the inventry, all ledger entries nt reflecting final dispsitin shuld be accunted fr. An inventry certificate must be written in the evidence ledger. Any deficiency regarding the accuntability f evidence must be reflected in this certificate. Any administrative r security weaknesses, deficiencies, r recmmendatins nt invlving the accuntability f evidence must be brught t the immediate attentin f the evidence custdian and the apprpriate cmmander. The written recrd f inventry in the evidence ledger is as fllws: MP

101 We, the undersigned, certify that n (Date), per AR 195-5, a jint inventry was cnducted f the evidence in the depsitry. All evidence was prperly accunted fr (with n exceptins r with the fllwing exceptins). (Signature f Officer) (Signature f Evidence Custdian) (Printed Name, Grade, Unit) (Letter r DF, Issuing HQ) Change f Custdian Inventries A jint physical inventry f all evidence in the depsitry must be cnducted by the incming and utging primary evidence custdians upn permanent change f the evidence custdian. Jint inventries by the incming and utging primary evidence custdians may be cnducted in cnjunctin with quarterly inventries by disinterested fficers appinted as inventry fficers. Hwever, each type f inventry must be recrded separately. All evidence recrds must be carefully examined during the jint inventry t ensure prper dcumentatin and accuntability. All discrepancies must be reslved by the individual relinquishing custdy f the evidence prir t transfer f accuntability. There is n requirement fr a jint inventry t be taken when the alternate custdian replaces the primary evidence custdian fr 30 days r less. If it is knwn that the primary evidence custdian will be absent fr mre than 30 days, a jint inventry must be cnducted prir t departure f the primary evidence custdian and anther inventry must be accmplished upn return f the primary custdian. The primary and the alternate evidence custdian physically check the newly acquired evidence fr prper markings and packing. They als check the safeguarding f fragile evidence which requires special handling. A temprary r permanent change f custdian inventries must be entered in the evidence ledger immediately belw the last entry and signed by the incming primary custdian and the utging primary custdian as fllws: I, (Name), n (Date), assumed all duties f the primary evidence custdian during the temprary absence f the regularly appinted custdian. I accept respnsibility and accuntability fr all evidence cntained in the evidence rm. (Signature f Alternate Evidence Custdian) When a permanent change f primary evidence custdian is made, each riginal and first cpy f the DA Frm 4137 in the dcument file must be signed by the utging and incming evidence custdians. (See Figure 2-23.) The signing f each DA Frm 4137 that is still active is, in additin t the fllwing entry, placed in the evidence ledger: 2-49 MP2002

102 I, (Name), n (Date), resume my psitin as primary evidence custdian and accept respnsibility and accuntability fr all evidence cntained in the evidence rm. (Signature f Primary Evidence Custdian) Lst Evidence r Breach f Security Inventries Lst evidence r breach f security inventries will be made in the presence f the evidence custdian r alternate. The fficer assigned t make the inquiry must certify his r her findings in the evidence ledger in the same frmat used fr the quarterly reprt. Inquiries r investigatins must be initiated by the apprpriate prvst marshal r USACIDC cmmander. Figure DA Frm 4137 Signature. PART D - EVIDENCE DISPOSITION A general rule fr evidence is that it shuld be dispsed f as sn as pssible after its purpse has been accmplished. When evidence is released t a trial cunsel fr judicial prceedings, it will be returned as sn as pssible t the custdian fr final dispsitin. The custdian will be ntified immediately if the evidence is made part f the recrd f trial by the trial cunsel. The custdian will then prperly nte the final actin n DA Frm 4137 (see Figure 2-24). This will be cnsidered final dispsitin. Knwn Subject Cases When final actin has been taken in knwn subject cases, the riginal custdy dcument will be sent t the SJA f the cmmander with general curts-martial jurisdictin ver the subject. If the evidence is n lnger needed, the SJA will cmplete the final dispsal authrity part f the DA Frm When the SJA says the evidence must be held, this part f the frm will nt be cmpleted. Write a brief memrandum fr recrd (MFR) giving-the reasn the evidence is being retained and attach it t DA Frm MP

103 Figure DA Frm In unusual cases, where a high risk f lsing the riginal DA Frm 4137 (like islated units that must mail the DA Frm 4137 t the servicing SJA fr dispsitin apprval), a letter may be substituted fr dispsitin apprval. When this is used, prvide enugh infrmatin t allw the SJA t make a decisin. The return crrespndence frm the SJA giving dispsitin apprval will be attached t the riginal DA Frm 4137 fr file at USACRC. Unknwn Subject Cases Three mnths after an investigatin is cmpleted evidence may be dispsed f frm the investigatin fr which n subject has been identified. When the subject is nt knwn, the evidence custdian will btain the apprval f the cmmander, SAC, prvst marshal, r representative, as apprpriate. Their apprval will be given by cmpleting the final dispsal authrity sectin f the riginal DA Frm Items with n Value as Evidence When labratry analysis prves an item t have n value as evidence, the item may be dispsed f. Befre yu dispse f any evidence, yu must cnsult with the lcal SJA fr apprval. Cntrlled substances nt assciated with an investigatin may immediately be dispsed f. This des nt require SJA apprval. Items nt Practical r Desirable t Keep When it is nt practical r desirable t keep items f evidence, dispsal actin may start right away. Items like autmbiles, serial numbered items, items required fr use by the wner, undelivered mail, large amunts f mney, and perishable r unstable items may be dispsed f immediately. They are nt put int the evidence rm. Crdinate dispsal with the SJA. The final 2-51 MP2002