waukesha police evidence collection procedure

WAUKESHA POLICE TITLE: DEPARTMENT COLLECTION, PRESERVATION, AND

GENERAL ORDER MAINTENANCE OF EVIDENCE/PROPERTY ISSUED DATE: LAST UPDATE: NUMBER:

10-08-10 09-15-13 G.O. 2010-23 WILEAG STANDARDS: 11.1.1 - 11.1.2 -11.1.3- 11.1.4 11.1.5- TOTAL PAGES: 11.1.5.1-11.1.5.2-11.1.5.3 -11.1.5.4-11.1.6-11.1.6.1-11.1.6.2-11.1.6.3-11.1.6.4-11.1.7 -11.1.8-11.1.8.1 -11.1.8.2 -11.1.8.3 -11.1.8.4-11.1.8.5-

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ISSUING AUTHORITY: RUSSELL P. JACK- CHIEF OF POLICE

I. PURPOSE

The purpose of this General Order is to set forth guidelines for the collection, preservation, and maintenance of evidence and property.

II. POLICY

It is the policy of the Waukesha Police Department that evidence and property be managed in a manner as to be utilized properly in court or secured and later returned or discarded.

Ill. DEFINITIONS

A. Evidence Property Log - A log system has been established to safeguard the chain of evidence and property.

B. Property- ltem(s) recovered, which was lost, found or abandoned and is neither believed to be connected with nor constitute part of any known or suspected criminal offense.

C. Evidence - Property or other item, which is believed to be related in some way to a crime or suspected criminal offense.

D. Criminal Evidence and Forensics Unit (CEFU)- The unit within the Criminal Investigation Division responsible for processing crime scenes and maintaining the Property Room.

E. FileOnQ - Electronic record system that tracks property and creates numbered bar coded labels.

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dbaumannTypewritten Text

COLLECTION, PRESERVATION, AND MAINTENANCE OF EVIDENCE/PROPERTY G.O. 2010-23

F. DNA- Deoxyribonucleic acid is the fundamental building block of an individual's entire genetic makeup and is a very valuable piece of evidence.

IV. PROCEDURE

A. Response to Crime Scenes for processing - When an officer is managing an investigation, including serious traffic crashes, that requires a crime scene to be processed the following options are available to ensure 24 hour access to qualified personnel.

1. If the officer has sufficient skill and equipment the scene can be documented in the narrative of the report, along with photographs taken with a squad issued digital camera.

2. A shift level evidence technician can be called to apply their expertise and obtain the evidence outside the scope of a line officer.

3. An on-duty CEFU specialist can be called to the scene.

4. If no CEFU specialist is on-duty a CID supervisor will be contacted. That supervisor will make arrangements to have a CEFU specialist contacted.

B. The collecting, processing, and preserving of property and physical evidence shall be completed in the following manner:

1. First Responder Responsibilities a. Officers must ensure their own safety and the safety of others when

responding to calls. If there is any question in this regard, check the scene as soon as it can be done safely. Also, the welfare of victims is important. Render first aid if required, but do so in a way that minimizes destruction of evidence. Persons present- victims or witnesses - must be isolated or removed from the scene so that they do not purposely or inadvertently alter or destroy evidence.

2. Protecting the Crime Scene a. Once the above responsibilities have been fulfilled, concern for the

integrity of the scene becomes preeminent. The crime scene must be protected until all physical evidence has been collected.

3. Crime Scene Log a. The log should include the time of arrival and departure. This log can be

part of an officer's notebook and/or on any department authorized form.

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4. Seizure and Collection of Evidence a. It is the responsibility of all officers to lawfully collect any item that may play

a substantial role in proving that a specific individual has committed a crime. The term "evidence" may include, among other things: suspected stolen property, instruments of a crime, trace evidence (hair, fibers, etc.), and fragile impressions of identifying marks or prints. Although CEFU specialists will normally be responsible for major crime scene processing, patrol officers will routinely recover items of evidentiary value. Without regard to the seriousness of the violation, all evidence shall be handled and documented in a similar manner.

5. Collection of Evidence in the Field a. Officers and Crime Scene Technicians must rely on prior training,

experience, and common sense in the collection and handling of evidence. Methods of collection are used to ensure the safekeeping of evidence and to incorporate the photographing and sketching of crime scenes prior to handling the evidence. Although in some circumstances an item of evidence must be seized immediately for officer's safety or to avoid its being destroyed or lost, a logical sequence of activities will normally be followed in the collection of evidence. ( 1) Photography

(a) Items of evidence should be photographed by a trained Department photographer prior to being handled and at the location found to produce a permanent record of the item. Photos shall be taken in a manner consistent with training. Information pertaining to all photos, including the date, time, location, and case number shall be noted in the photo log book. Photos shall be stored on the CEFU shared city network drive and they are to be backed-up monthly on a storage device.

(2) Videotaping (a) Items of evidence can be filmed by a trained Department

photographer prior to being handled and at the location found to produce a permanent record of the item. Video shall be taken in a manner consistent with training. Information pertaining to all video, including the date, time, location and case number, shall be noted during filming. Video is recorded onto a media storage device and that device is later processed into evidence and inventoried.

(3) Crime Scene Sketch (a) A sketch should be prepared to include the location of the crime

scene and evidence found there and, if necessary, dimensions to allow a scale drawing to be made at a later time, the date and time of preparation, the direction of North, and the signature of the preparer.

(4) Field Notes (a) Notes serve as a record of the location and condition of items of

evidence when found, as well as who was involved in the collection process and other important facts.

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(5) Identifying Evidence (a) The search for fingerprints, palm prints, footprints, body fluids, fibers,

tool marks, and other similar items will normally be conducted in a pattern consistent with the theorized path of the suspect through the scene. This type of evidence is often found at points of entry and exit.

(6) Known Source Samples (a) When available, representative samples of materials will be collected

from a known source for later comparison to questioned materials of like nature. This is most often required when questionable hairs, fibers, fabrics, paint, glass, wood, soil, or tool marks are found at a scene.

6. Packaging/Sealing of Property/Evidence a. A complete accounting of each item of property/evidence collected should

be kept and should include the date, time, location, and collecting officer. Property/evidence should be brought to the station, bar coded, and placed into secure storage as soon as possible to maintain chain of custody. This information is to be noted in the narrative section of the report. Below are procedures to follow: (1) The Waukesha Police Department utilizes an electronic (computerized)

database tracking system, which is used to maintain chain of custody of property/evidence. The system utilizes the incident report number and prints out unique barcode numbered stickers to be attached to the property/evidence. The barcodes are then scanned to create a record each time the evidence/property is moved or custody changes. The current system is referred to as FileOnQ.

(2) All evidence and property collected should be transported to the station as soon as possible to avoid contamination and chain of custody interruptions.

(3) The items should be properly packaged, documented in FileOn Q with a property inventory sheet; and tagged promptly with a bar coded department property tag.

(4) All items should be described in detail (to include color, make, model, serial numbers, etc.) on the department's property inventory program.

(5) All item descriptions should include the owner's name, address, and telephone number, if known. If the ownership is unknown, the officer should make every effort to identify the owner before placing the item into secure storage.

(6) Property shall be packaged to preserve its forensic integrity using guidelines set out in standard training. A label will be attached to the packaging before placing the item(s) in a temporary evidence locker.

(7) Prior to ending their tour of duty, officers shall complete a property/evidence log and properly secure property/evidence within evidence lockers or other secure evidence storage location.

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(8) Include in their report the circumstances by which the property/evidence came into the department's possession and a description of each item obtained.

(9) Personnel are prohibited from using property for their own personal use. (10) With Supervisory approval, officers may temporarily place evidence in

the marked, "temporary evidence lockers" in C.E.F.U. Perishable in nature evidence (blood samples, urine specimens etc.) will need to be inventoried prior to the end of their shift as stated in #7. This can be done only when officers are working the following day. The temporary locker is to be locked, and the key is to be secured/placed in the lock box inside the C.E.F.U. room marked "temporary evidence keys".

The key can be retrieved from that locked box by C.E.F.U. or an on duty supervisor.

7. The processing of high value, sensitive, or high-risk property shall consist of: a. Evidence that is of a perishable nature (blood samples, urine specimens,

etc.) will be properly bar coded, identified, and placed in the department's evidence refrigerator.

b. Firearms, currency, and drugs will be secured in separate cabinets or safes after being placed in a temporary evidence locker.

c. Drugs and evidence listed with drug property inventory will be secured in the narcotics temporary evidence locker and later stored in the Narcotics Evidence Room. All narcotics and/or dangerous drugs seized by the department shall be counted (pills and/or capsules), and weighed.

C. Special Evidence Procedures

1. Fingerprints a. Fingerprints shall be processed, developed, lifted, labeled, and stored in a

manner consistent with basic and specialized training. (1) Lifting

(a) Fingerprints can be lifted from most crime scenes by dusting with black print powder and lifting the prints with clear tape. Dusting should be done in such a manner that the dust sticks only to the ridges of the fingerprint and not to the background ensuring maximum contrast between the two. Clear tape is carefully pressed onto the developed print, peeled off, and stuck onto a white fingerprint card to preserve it. The fingerprint cards have printed guidelines as to how to label the lifts; these include the location, date, time, and surface the print was taken from, as well as a place for a drawing of the item. If more than one print is lifted from the same item or surface, the cards should be labeled with a number system.

(2) Processing

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(a) The prints should be processed into evidence and later evaluated by a CEFU specialist. If the prints have evidentiary value, they will be placed into a fingerprint file in the secure storage area of the Property Room. If the prints do not have any evidentiary value, they may be discarded unless DNA issues are present. If more advanced methods of fingerprint development are warranted, items may be brought to the station as evidence and marked for fingerprint processing by the CEFU.

(3) Elimination Prints (a) When fingerprints are lifted from a crime scene, every effort should

be made to get elimination or known prints from individuals that may have legitimately handled the items or surfaces in question. These known prints can then be compared to the lifted prints and if matched will stop needless submissions to the crime lab.

(4) Documentation

2. DNA

(a) Information regarding the lifts should be clearly articulated in the incident report, regardless of the evidentiary value.

a. The following processes shall be followed when managing DNA evidence. (1) First Responder Precautions and Responsibilities

(a) Due to the nature of DNA evidence, officers need to be aware of the potential for the spread of disease due to exposure to what is commonly known as blood borne pathogens. These pathogens can be found not only in blood, but also other bodily fluids such as semen, saliva, etc. Any type of body fluid should be handled with caution. Officers must take precautions in order to minimize the chance of exposure to these types of pathogens. When dealing with possible infectious materials, officers should assess the situation beforehand and wear appropriate protective equipment. (Gloves, goggles, masks, coveralls, etc.). Wash hands after removing gloves. Items soaked in blood or other bodily fluid should be carefully air dried in the drying room. Do not assume that items which are dry are risk free. Minimize or avoid direct handling of contaminated sharp or pointed objects.

(2) Collection, Transportation, and Storage of DNA (a) DNA shall always be packaged in paper or cardboard, even if the

item appears dry. This is due to the fact that moisture can damage the evidentiary value of a DNA sample. As with any type of evidence, officers should follow the procedures set forth in the Wisconsin Department of Justice Physical Evidence Handbook. DNA samples taken from suspects, victims, or surfaces are normally collected by Crime Scene technicians and CEFU specialist and shall be stored in a manner consistent with training.

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Evidence containing possible DNA evidence should be packaged as indicated above and transported as soon as possible to the station.

(3) Submission of DNA Evidence to State Crime Lab (a) The officer shall fill out the "Transmittal of Criminal Evidence" form

and must answer the questions on the State "Crime Lab Evidence Receipt-DNA" form.

(4) Training (a) CEFU provides regular evidence related training to all department

members through In-Service training, departmental briefings, and shift training. The attendance of a specialized course for evidence

technicians will be determined by shift supervision so as to maximize shift level coverage.

3. Managing Data Stored in an Electronic Format a. The following processes shall be followed when managing data stored in

an electronic format such as computers and other electronic media drives: (1) First responder Precautions and Responsibilities

(a) An officer responding to a crime scene must be aware of the possibility of information contained within a computer at the scene containing incriminating evidence. In addition, officers must be cognizant that computer users can devise methods to destroy the data contained within a computer if an unauthorized person attempts to use the computer system. Therefore, officers shall adhere to the following guidelines when responding to crime scenes containing possible computer evidence. [1] When an officer discovers a computer that may contain

evidence of a crime, the officer shall immediately remove person(s) from the computer area.

[2] Do not allow anybody to have further contact with the computer, as a single key stroke may erase information from the computer.

[3] Officers shall photograph the screen in order to document information displayed on the screen.

(2) Collecting, Transporting, and Storage of Computer Evidence (a) Once the officer has removed people from the area around the

computer and photographed the screen, the officer should prepare to collect the computer and any peripherals or accessories. It is important to do this as soon as possible. It is difficult to secure a computer at a scene and removal of the computer will avoid accidental or intentional destruction of evidence. [1] Officers should disable/disconnect the modem, if there is one,

from the wall. Unplug the computer from the back of the central processing unit. Do not use the computer on/off switch as this may destroy evidence. Next, disconnect power to the printer and other peripherals. Officers should mark all cables, both input and output, on the cable and at the connection.

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Photograph all the marked connections prior to disassembly of the system. Also, photograph or record the serial numbers of the system components, if they are available.

[2] Officers should seal computer central processing unit and other evidence using appropriate evidence tape. Seal over power connector and cover to ensure that the computer cannot be powered-up and the cover cannot be removed. Package the computer for transmittal, remove it from the area, and photograph the scene. The computer and other hardware should be packaged in material to ensure the equipment is well cushioned and protected. Magnetic media should only be

packaged in static-shielded bags or paper. Keep magnetic media away from electromagnetic fields, such as radio transmitters, magnets, etc.

[3] Do not place computer evidence (including floppy disks, magnetic media, etc.) in the trunk of a squad car if the trunk contains a police radio. The scene should be photographed again after all the computer equipment is removed.

[4] Complete the search of the area; looking for floppy diskettes, manuals, and notations, which might include passwords for locked files, etc. These items should be seized and transported,

as they may assist in the examination of the computer equipment.

[5] Networked Systems - In these circumstances the department's Computer Forensics specialist should be consulted before any action is taken. In the case of the computer being used as a publishing tool, First Amendment rights may come into play and the D.A.'s office may need to be consulted before taking any action.

(3) Submission of Computer/Electronic Evidence to Lab (a) The Waukesha Police Computer Forensics Unit (CFU) will

process the electronic evidence seized. If assistance is required, the evidence will be taken to the Waukesha County Sheriff's Department- Computer Forensics Unit. The WKPD CFU member will document the reason and manner in which the evidence was transported, along with the results of the analysis.

(4) Training (a) Officers and Detectives in the Department shall receive

training in the collection and preservation of computer and electronic evidence through WKPD In-Service training and Roll Call training. In addition, officers and detectives may elect to participate in off-site school regarding computer and electronic evidence.

D. Transfer of Custody of Physical Evidence

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1. All evidence custody transfers will be documented by the barcode system. The program logs the date, time, and receiver of the property, as well as the reason for transfer. When evidence is transferred in person to the Wisconsin State Crime Lab, a receipt should be obtained from lab personnel, which details the transfer; this receipt should be turned into the Clerical Division to be scanned and included with the original report. It is the responsibility of the officer that physically takes the property to the lab to complete a supplemental report to the incident report detailing the evidence and the reason for the transfer. If an item not previously bar coded is to be transferred to the Crime

Lab, such as a fingerprint card, the item must first be bar coded so as to be able to be tracked. a. Submission of evidence to Wisconsin State Crime Lab or Other Forensic

Laboratory (1) Officers shall follow the below guidelines when submitting

evidence: (a) When evidence is transferred in person to the Wisconsin State

Crime Lab, a receipt (Transmittal of Criminal Evidence form) should be obtained from lab personnel which details the transfer; this receipt should be forwarded to clerical to be placed with the original report. It is the responsibility of the officer to request a written findings report from the crime lab. It is the responsibility of the officer that physically takes the property to the lab to make an addition to the incident report detailing the evidence and the reason for the transfer.

(b) When an item not previously bar coded is to be transferred to the Crime Lab, such as a fingerprint card, the item must first be bar coded so as to be able to be tracked. The item(s) shall also be checked to ensure proper packaging when being conveyed.

(c) The following is an excerpt from the State of Wisconsin Physical Evidence Handbook (61h Edition). [1] When submitting a new case or additional items for a case

already submitted, a Transmittal of Criminal Evidence form must accompany the evidence. This form supplies important details that are needed for Crime Laboratory record management. It also ensures that reports of analysis will be associated with the correct offense.

[2] Each offense should be submitted as a separate case. For instance, if fingerprints were found at three businesses burglarized on the same night in the same strip mall, each burglary could result in a separate criminal count. Therefore, each incident should be submitted on a separate form.

[3] In a drug case, if more than one buy/deal occurs involving the same suspect on the same day, the Laboratory considers each

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buy/deal a separate case, which must be submitted on a separate transmittal form.

(d) Make sure all entries are legibly recorded. If there are special instructions, note them on the Transmittal form. Information to be supplied includes: [1] Submitting Agency. Name of agency submitting case (Police

Department, Sheriff's Office, Metropolitan Enforcement Group, etc.)

[2] Submitting Agency Case Number. [3] City of Agency

[a] Municipality where agency is located. [4] County of Agency

[a] County where agency is located. [5] Date Transmitted. Date case is mailed or brought to the

Laboratory. [6] Offense Committed in City/TownNillage, if known. [7] County of Offense

[a] List only one county. [8] Offense Date

[a] Only one incident per transmittal form. Must be one specific date, not between a general timeframe.

[9] Criminal Offense [a] List all charge(s) the defendant(s) face and be specific. In

drug cases, this is typically possession, possession with intent, delivery, manufacturing, etc. In cases such as arson, burglary, or theft, be sure to indicate the type of property burned, burglarized, or stolen.

[1 0] Trial Date [a] Date of jury trial, if known.

[11] Victim(s) [a] List the victim(s) of the crime. In drug cases, there are

usually no victims. In the case of multiple burglaries, each burglary is a separate case even though the same suspect(s) may be involved. Each victim must be listed on a separate transmittal form. If a business is involved, include name of business, owner, and any employees involved; list the cashier in armed robbery, etc.

[12] Suspect(s) [a] All suspect(s) in the crime, whether or not charged.

[13] Sex/Race [a] Sex and race of victim(s) and suspect(s). This information is

necessary in sexual assault cases for both victim and suspect.

[14] Age/Date of Birth [a] List the age and date of birth of victim(s) and suspect(s).

[15] Agency Exhibit Number

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[a] If submitting agency has an exhibit number, item number, or inventory number for the piece of evidence, it may be listed here.

[16] Number of Items [a] List the number of pieces of evidence being submitted under

your item number or inventory number. [17]1tem Description and Source

[a] Provide a brief description of the evidence. [18] Full Name of Submitting Officer

[a] List the full, printed name of officer submitting case. (No initials or nick names-i.e., James J. not J.J.; William not Bill.)

[19] Phone Number [a] List the telephone number of submitting agency.

(e) In addition to the above information, an officer submitting DNA evidence to the State Crime Lab must answer the questions on the State Crime Lab Evidence Receipt-DNA form.

E. Chain of Custody

1. The chain of custody of items of evidence will be recorded electronically by the barcode system within FileOnQ.

F. Release of Property/Evidence

1. A reasonable effort shall be made to identify and notify the owners or custodians of property held by the Department. A 30-day notice form may be sent out to notify owners to pick up property; phone contact can also be used in addition to this notice. A copy of the 30-day notice will be kept in the CEFU records storage room. In order to recover their property, owners will sign a property receipt form which will be forwarded to the Clerical Division for data entry and later filed by same. Property with no identified owner will be held for at least 90 days after which time it will be destroyed, held for sale I auction, or turned over for department use.

G. Temporary Release of Property or Evidence

1. Any temporary release of property or evidence for court or processing shall be documented by CEFU personnel using the barcode system in FileOnQ.

H. Evidence/Property Storage Areas

1. All in-custody property and evidence shall be stored in the following designated areas that shall remain secured: (a) Evidence Receiving Room

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(1) Room containing temporary evidence lockers and temporary narcotic lockers used to secure evidence awaiting storage.

(b) Property Room (1) Secure room containing shelving, filing cabinets, and gun lockers for

long-term storage. (c) CEFU Refrigerator/Freezers

(1) Refrigerators located in the Property Room used to store DNA evidence that has not been dried for storage.

(d) Temporary Refrigerator/Freezer (1) Located in the processing room to temporarily store evidence prior to

being moved to the CEFU Refrigerator/Freezers. (e) Hazard Room

(1) Room used to store flammable or hazardous materials.

(f) Vehicle Storage (1) Outbuilding used to store vehicles and bikes held in evidence, or

awaiting disposal. (g) Drying Cabinet

(1) Cabinet with a drain and a ventilation system to facilitate the drying of wet biohazard type evidence prior to long-term storage.

(h) Vehicle Evidence Bay (1) Secure vehicle garage where vehicles await processing and are

processed for evidence.

I. Access to Property/Evidence Storage Areas

1. The Department's property/evidence storage rooms are closed at all times to all personnel. Temporary storage areas are available twenty-four (24) hours a day for detectives and patrol officers to temporarily store property and evidence. CEFU and NAVU personnel are responsible for transferring property/evidence from temporary areas to the appropriate permanent storage areas. a. Officers shall have access to the following areas: Vehicle Eevidence

Bay, Temporary Refrigerator/Freezer, Hazard Room, Vehicle Storage, Drying Cabinet, and Evidence Receiving Room.

b. CEFU Specialists shall have access to the above areas and the CEFU Refrigerator/Freezers and the Property Room. A dispatcher must be notified before opening this door so that the alarm can be justified.

c. The Narcotics and Vice Unit supervisor and one designee shall have access to the Narcotics Property Room.

d. Limited Access (1) Limited Access assignments may include, but are not limited to,

property room management, evidence processing, and/or digital media processing. No direct supervision is required.

e. In addition to CEFU staff, limited access may be permitted to the following individuals: (1) Sworn Personnel, assigned to modified duty assignments with

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Administrative approval. (2) Sworn Personnel, specially trained by CEFU staff with

Administrative approval. (3) Non-Sworn Personnel, specially trained by CEFU staff with

Administrative approval.

2. Individuals requiring access to secure areas within the CEFU for building maintenance and cleaning are permitted, but must be escorted/observed by CEFU staff.

J. The current status of all property under the control of CEFU shall be reflected accurately. Once evidence/property information is finalized in FileOnQ and a bar-code is printed, the information cannot be changed except by CEFU

personnel. Each change is documented in the computer database, which cannot be changed.

1. Each time the status of a bar coded item changes it must be scanned and documented; this includes items checked out by officers for examination or court appearances and transferal to the Crime Lab.

2. The chain of custody of items of evidence will be recorded electronically by the CEFU with the FileOnQ system to include a final disposition.

K. Periodic inspections/audits are to be conducted with at minimum one CEFU staff member present including, but not limited to:

1. Inspections a. CID Lieutenant on a semi-annual basis should inspect the

CEFU secure storage room. This inspection should ensure that property/evidence control function is being followed according to standards. Random, unannounced inspections should be conducted as directed by the Chief of Police and/or his designee.

2. Audits a. The Chief of Police and/or his designee shall coordinate an annual

audit of property/evidence. This should be conducted by a supervisor not connected with the property/evidence control function.

3. Inventory a. A complete inventory of the property/evidence matching

current records against a current physical inventory of property shall be conducted whenever the person responsible for the property and evidence control function is replaced. The Chief of Police and/or his designee, along with the newly assigned Lieutenant, shall conduct the inventory.

4. Documentation

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a. Results of the semi-annual and random audits are to be documented in a memo to the Chief of Police.

~~~ RUSSELL P. JACr~ CHIEF OF POLICE

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