Southern Oregon High-Tech Crimes Task Force Digital Evidence Forensics Laboratory Administrative Policy Manual / Quality Assurance Manual

Similar documents
80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 1007 SUMMARY

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY

Statute of Limitations 07/01/14 Page 1 of 7 TABLE OF CONTENTS

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

Criminal Statutes of Limitations Pennsylvania

Criminal Statutes of Limitations Delaware

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3268

Property and Evidence

Criminal Statutes of Limitations Indiana Last Updated: December 2017 Promotion of human trafficking; sexual trafficking of a minor; human trafficking

Title 17-A: MAINE CRIMINAL CODE

H 7304 SUBSTITUTE A AS AMENDED ======== LC004027/SUB A ======== S T A T E O F R H O D E I S L A N D

2005 WISCONSIN ACT 60

CHAPTER 337. (Senate Bill 211)

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Nov. 29, 2006, P.L. 1567, No. 178 Cl. 18

VIRGINIA ACTS OF ASSEMBLY SESSION

Criminal Statutes of Limitations Missouri

S 0041 S T A T E O F R H O D E I S L A N D

Fennimore Police Department Evidence, Contraband and Recovered Property Issue Date: 04/11/2014. Last Updated: 12/07/2017

Senate Bill No. 125 Senator Ford. Joint Sponsor: Assemblyman Frierson

Statutes of Limitation for Prosecution of Offenses Against Children (last updated August 2012)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 H 2 HOUSE BILL 1190 Committee Substitute Favorable 4/23/09

Juvenile Justice Code Book

(130th General Assembly) (Substitute Senate Bill Number 316) AN ACT

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

Sexual Assault Survivors DNA Justice Act

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 HOUSE BILL 1403 RATIFIED BILL

18 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Government Response to the Bail Review (Advice provided by the Hon Paul Coghlan QC on 3 April 2017)

Senate Bill 107 Sponsored by Senator THATCHER (at the request of Rosana Sherwood) (Presession filed.)

Statutes of the Republic of Korea ACT ON USE AND PROTECTION OF DNA IDENTIFICATION INFORMATION

This Article may be cited as the DNA Database and Databank Act of 1993.

REPORT OF THE JUDICIAL COUNCIL CRIMINAL LAW ADVISORY COMMITTEE ON 2008 SB 427. (November 19, 2008)

June 29, 2016 Review Date: June 29, 2019

TIER 2 EXCLUSIONARY CRIMES

Immigration Violations

FLORIDA 4-H VOLUNTEER PACKET

SEALING OF CRIMINAL HISTORY RECORDS (General Information) July 1, 2017

DESCHUTES COUNTY ADULT JAIL L. Shane Nelson, Sheriff Jail Operations Approved by: March 22, 2016 FORCED RELEASES

Kidnapping. Joseph & His Brothers - Charges

Criminal Statutes of Limitations Arizona

PRE-TRIAL COORDINATION PROTOCOL ADULT CHARGES

MINNESOTA STATUTES 2016

OBJECTS AND REASONS. Arrangement of Sections PART I PRELIMINARY PART II FORENSIC PROCEDURES BY CONSENT

YORKTOWN COMMUNITY SCHOOLS Administration Office 2311 S. Broadway St. Yorktown, IN Phone: (765)

Chapter 813 Driving Under the Influence of Intoxicants 2003 EDITION Driving under the influence of intoxicants; penalty

Definitions. The following definitions apply to this rule: (2) After a judgment has become final means:

2014 Minnesota Statutes

Am. Sub. H.B. 49 As Passed by the Senate AGOCD15

FLORIDA RULES OF JUDICIAL ADMINISTRATION. (1) The chief judge shall be a circuit judge who possesses administrative ability.

Information Sharing Protocol

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Summer Science Camp Volunteer Counselor 2018 Application CHECKLIST

15 M.R.S.A Definitions. Currentness

Frequently Asked Questions for Failure to Register (FTR) Cases

IDAHO VICTIMS RIGHTS LAWS¹

JUVENILE SEX OFFENDER REGISTRATION

JUVENILE LITIGATION PARALEGAL

Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

SEX OFFENDERS (JERSEY) LAW 2010

NEVADA COUNTY SHERIFF S OFFICE

Title 15: COURT PROCEDURE -- CRIMINAL

CARSON CITY JUSTICE & MUNICIPAL COURT SEALING OF RECORDS INFORMATIONAL PACKET (REVISED JUNE 2015)

SWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print. Last Name First Middle Maiden Social Security Number

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

Best Practice: Evidence Storage and Destruction

CHAPTER Committee Substitute for Senate Bill No. 1282

WEST VIRGINIA LEGISLATURE. House Bill 2657

RECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION

This article may be cited as the Access to Justice Post-Conviction DNA Testing Act.

NC General Statutes - Chapter 75D 1

STATUTE OF LIMITATIONS. Statute of Limitations and Speedy Trial CPL ARTICLE 30 2/28/13 3 EVENTS THAT ARE ESSENTIAL IN ANALYZING TIMELINESS

Page Page Page Page V. VI. VII.

214 Part III Homicide and Related Issues

6/13/2016. Second Chances Setting Aside a Juvenile Adjudication. Why Expunge an Adjudication (aren t juvenile records sealed)?

EMPLOYMENT APPLICATION PERSONAL INFORMATION

5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation

House Substitute for SENATE BILL No. 101

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLOOMINGTON:

Juvenile Seal/Expunge. By: Michelle Hawthorne, Esq. Clinical Adjunct Professor and Staff Attorney, Pro Bono Director

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) ACT

Number 22 of 1998 CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998 REVISED. Updated to 30 June 2017

Living Arrangements for the Developmentally Disabled, Inc. (LADD) Consent for Obtaining Background Checks. Name: Social Security Number: - -

BARRIER CRIMES FOR CHILD DAY PROGRAMS

PREVENTION OF HUMAN TRAFFICKING ACT (No. 45 of 2014)

Application for Employment

SENATE BILL No February 14, 2017

NEW YORK STATE WEST YOUTH SOCCER ASSOCIATION (NYSWYSA) Risk Management Background Check Policy

76th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2802 SUMMARY

PUPIL PROTECTION PACKAGE OF PUBLIC ACTS

(3) less than twenty-five years but ten or more years, as a Class C felony; (4) less than ten years but five or more years, as a Class D felony;

CHAPTER 120 JUDGMENT AND SENTENCE ARTICLE 1

CERTIFICATION PROCEEDING

DESCHUTES COUNTY ADULT JAIL L. Shane Nelson, Sheriff Jail Operations Approved by: February 9, 2016 CRIMINAL ACTS

Substitute for HOUSE BILL No. 2159

CHANGES: An Arrest is taking a person into custody, in a case and in the manner authorized by law. (Penal Code 834.)

CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND. Differentiated Case Management Plan for Criminal Cases INTRODUCTION

IC Chapter 6. Indiana DNA Data Base

Marion County Juvenile Department Overview

Transcription:

POLICY 202 Subject: Issuing Authority: Effective Date: Revised: Evidence Retention and Destruction Sergeant Josh Moulin Task Force Commander January 1 st 2009 202.1 PURPOSE AND SCOPE This policy defines how evidence will be retained within the forensics lab, the length of evidence retention, evidence destruction, and responsibilities. 202.2 EVIDENCE RETENTION 202.2.1 IN-HOUSE EVIDENCE Original Evidence seized by the Task Force will be maintained pursuant to Oregon Revised Statutes and held until the case is adjudicated and the appeal period has passed. Certain cases may need to be kept for longer periods of time depending on the type of crime. Forensic images and other digital files from original evidence will also be maintained for the same amount of time as the original evidence. 202.2.2 OUTSIDE AGENCY EVIDENCE Original evidence delivered by outside agencies will only be maintained in the property/evidence room until it is no longer needed by the forensic examiner. At the time the forensic examiner is finished with the original evidence it shall be returned to that agency for storage. Forensic image files and other digital files from the original evidence shall be maintained by the Task Force until the original agency indicates in writing that the evidence is no longer needed. The support specialist is responsible for tracking evidence stored by the Task Force as well as obtaining written permission from case agents when evidence may be destroyed. 202.3. RETENTION SCHEDULE Original evidence seized by the Task Force and digital image files and other related evidence from outside agencies shall be retained pursuant to the following schedule: 43

202.3.1 CASES IN WHICH NO CHARGES HAVE BEEN FILED BECAUSE NO SUSPECT HAS BEEN IDENTIFIED In cases where evidence has been submitted to the lab, but no suspect has been identified and no charges have been filed by a prosecutor the evidence shall be maintained pursuant to the statue of limitations as set forth in ORS 131.105 131.155 This information is set forth below: ORS 131.105 Timeliness of criminal actions. A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 5] ORS 131.125 Time limitations. (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed. (2) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first: (a) Criminal mistreatment in the first degree under ORS 163.205. (b) Rape in the third degree under ORS 163.355. (c) Rape in the second degree under ORS 163.365. (d) Rape in the first degree under ORS 163.375. (e) Sodomy in the third degree under ORS 163.385. (f) Sodomy in the second degree under ORS 163.395. (g) Sodomy in the first degree under ORS 163.405. (h) Unlawful sexual penetration in the second degree under ORS 163.408. (i) Unlawful sexual penetration in the first degree under ORS 163.411. (j) Sexual abuse in the second degree under ORS 163.425. (k) Sexual abuse in the first degree under ORS 163.427. (L) Using a child in a display of sexual conduct under ORS 163.670. (m) Encouraging child sexual abuse in the first degree under ORS 163.684. (n) Incest under ORS 163.525. (o) Promoting prostitution under ORS 167.012. (p) Compelling prostitution under ORS 167.017. (q) Luring a minor under ORS 167.057. 44

(3) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first: (a) Sexual abuse in the third degree under ORS 163.415. (b) Furnishing sexually explicit material to a child under ORS 167.054. (c) Exhibiting an obscene performance to a minor under ORS 167.075. (d) Displaying obscene materials to minors under ORS 167.080. (4) In the case of crimes described in subsection (2)(L) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (2)(n) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (2)(o) and (p) of this section, the victim is the child whose acts of prostitution are promoted or compelled. (5) A prosecution for arson in any degree may be commenced within six years after the commission of the crime. (6) Except as provided in subsection (7) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission: (a) For any other felony, three years. (Departments could consider reviews after two years for evidence purging guidelines) (b) For any misdemeanor, two years. (Consider review after 1 year for evidence purging) (c) For a violation, six months. (Consider review after 3 months for evidence purging) (7) If the period prescribed in subsection (6) of this section has expired, a prosecution nevertheless may be commenced as follows: (a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years; 45

(b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or (c) If the offense is an invasion of personal privacy under ORS 163.700, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years. (8) Notwithstanding subsection (2) of this section, a prosecution for rape in the first or second degree, sodomy in the first or second degree, unlawful sexual penetration in the first or second degree or sexual abuse in the first degree may be commenced within 25 years after the commission of the crime if the defendant is identified after the period described in subsection (2) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons. (9) Notwithstanding subsection (8) of this section, if a prosecution for a felony listed in subsection (8) of this section would otherwise be barred by subsection (2) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant. [1973 c.836 6; 1989 c.831 1; 1991 c.386 5; 1991 c.388 1; 1991 c.830 5; 1995 c.768 8; 1997 c.427 1; 1997 c.697 3; 1997 c.850 5; 2001 c.375 1; 2005 c.252 1; 2005 c.839 1; 2007 c.840 1; 2007 c.869 6] 131.135 When prosecution commenced. A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 7] 131.145 When time starts to run; tolling of statute. (1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed. (2) Except as provided in ORS 131.155, the period of limitation does not run during: (a) Any time when the accused is not an inhabitant of or usually resident within this state; or (b) Any time when the accused hides within the state so as to prevent process being served upon the accused. (3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 8; 1987 c.158 19] 46

131.155 Tolling of statute; three-year maximum. Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 9] 202.3.2 CASES IN WHICH A SUSPECT HAS BEEN IDENTIFIED AND A REPORT SENT TO A PROSECUTOR In cases where a suspect has been identified and a report filed with the prosecutor s office, the following timelines apply: 1. If the prosecutor determines that no charges will be filed on a case the evidence may be released at that time. 2. For cases that have been filed, which are pending in the courts or have outstanding warrants should be held until the case has been adjudicated, or the warrant recalled and case dismissed. 3. In cases where charges were filed and the defendant(s) plead guilty: a. Misdemeanors and felonies: 30-45 days after the defendant(s) have been sentenced. b. Measure 11 cases: 2 years and after determining that no appeals or post conviction relief is pending. c. Homicide cases: Always check with the prosecutor. 4. In cases where charges were filed and the defendant went to trial, hold all remaining evidence until the court releases the evidence in its custody (if any), at which time all evidence may be disposed of. Always consider appeal periods (ORS 138.020, 138.510 and 138.690). In homicide cases always check with the prosecutor before disposing of anything. 202.4 DOCUMENTATION The support specialist will occasionally inquire with outside agencies about the status of cases to determine if the Task Force can purge digital evidence. The support specialist will send case agents either electronically or via traditional mail a Case Disposition Status Request memorandum. All returned forms, regardless of the status indicated shall be scanned and placed within the digital case file for the respective case. The case disposition status request form must be signed by the case agent or someone of authority from the originating agency. If 47

a case disposition status request form is returned indicating that evidence can be purged, it shall be forwarded to the Task Force Commander for review. 202.5 EVIDENCE DESTRUCTION If the Task Force Commander reviews the case disposition status request form and everything appears to be in order, s/he may authorize the destruction of digital evidence. This may include the deletion of forensic image files, exported data, FTK case information and any other evidence taken from the originally submitted evidence. If any evidence is destroyed, the following shall be documented on the corresponding incoming evidence form: 1. Person who destroyed evidence 2. Date/time evidence was destroyed 3. Method of destruction (deletion, physical, etc.) 202.6 RETENTION OF CASE REPORTS All case reports and information contained within the Master Case File shall be retained forever. This information is also backed up to tape on a daily basis. 48