UNC Police: General Order 09-01R4 - Property and Evidence Control

Title

UNC Police: General Order 09-01R4 - Property and Evidence Control

Document Information

Purpose

Provides guidelines for personnel of the University of North Carolina at Chapel Hill Police Department (UNC-CH Police Department) in maintaining and enhancing the integrity and efficiency of our evidence management system by establishing procedures for the identification, recording, collection, storage, and disposition of evidence and property taken into custody by the UNC-CH Police Department personnel.

Policy

The UNC-CH Police Department maintains strict measures with respect to the handling, security, storage, and disposition of Criminal Evidence and Recovered Property so that the public can be confident in the integrity of Criminal Evidence and security of property. The consequences of the mismanagement of this function can result in the unsuccessful prosecution of criminal cases, embarrassment to the UNC-CH Police Department, loss of public confidence, and possible criminal or civil litigation against the UNC-CH Police Department.

Units Affected

UNC-CH Police Department Sworn and Non-Sworn Personnel

References/Forms

• North Carolina Crime Lab Analysis Report
• North Carolina General Statute §15-11 Seizure custody and disposition of articles; exceptions
• North Carolina General Statute §15-12 Evidence in contested cases
• North Carolina General Statute §15-13 Public sale 30 days after publication of notice
• North Carolina General Statute §15-14 Notice of Sale
• North Carolina General Statute §15-15 Disbursement of proceeds of sale
• North Carolina General Statute §15-16 Nonliability of officers
• UNC-CH Police Department Annual Explosives Inspection Report
• UNC-CH Police Department Explosives Logbook
• UNC-CH Police Department Evidence Inventory
• UNC-CH Police Department Inspections and Property Evidence Report
• UNC-CH Police Department Record Management System Evidence/Property Voucher
• UNC-CH Police Department Record Management System Incident Report
• UNC-CH Police Department Standard Operating Procedure (S.O.P.) 2020-0023 Property and Evidence Control Procedures
• UNC-CH Police Department Standard Operating Procedure 2020-0024 Processing Recovered Property

Definitions and Descriptions

Chain of Custody: The continuity of the custody of Criminal Evidence from the time of original discovery/collection to the final disposition of the item collected.

Claimed Property: Property in possession of the UNC-CH Police Department in which a person claims to be the rightful owner of the property, or the finder of the property who indicates they would like to have the property if the original owner cannot be found.

Compound Evidence Shed: Property storage shed located inside the Compound Evidence Storage Facility used for the storage of large property items that need protection from the weather.

Compound Evidence Storage Facility: Storage of vehicles, bicycles, and other large items of Criminal Evidence, Recovered Property, or Unclaimed Property.

Criminal Evidence: All prints or instrumentalities of a crime; all property defined as contraband by law; all documents necessary for the proof, either directly or indirectly, of the commission of a crime or the identity of the perpetrator(s); and any physical matter that has a direct relationship to a criminal incident under investigation.

Evidence Lockers: Temporary storage of Criminal Evidence, Recovered Property, and Unclaimed Property that is utilized when the Evidence Manager is unavailable or off duty.

Evidence Manager: Employee, sworn or non-sworn, appointed by the UNC-CH Police Chief, who is accountable for all Criminal Evidence and lost or Recovered Property taken into custody by UNC-CH Police Department personnel, and turned over to them for secure storage until a disposition of the property is made.

Evidence Room: Long term storage of Criminal Evidence, Recovered Property, and Unclaimed Property.

Forensic Advantage Portal: Electronic system used to submit paperwork for Criminal Evidence to the North Carolina State Crime Laboratory for processing.

North Carolina State Crime Laboratory: The North Carolina State Bureau of Investigation maintains a full service forensic laboratory in Raleigh for the purpose of examining all types of Evidence Manager related to criminal investigations. They provide consultation on the value, use, collection, and preservation of Criminal Evidence; analysis of Criminal Evidence; and any expert testimony in court proceedings. Assistance is available by request for collecting Criminal Evidence and processing crime scenes.

North Carolina State Laboratory Evidence Manual: Manual designed to acquaint law enforcement personnel with the services of the crime laboratory, outline specific Criminal Evidence submission procedures, advise correct Criminal Evidence handling and preservation methods for various types of Criminal Evidence, and explains the basis for and usefulness of each type of examination.

Recovered Property: Reported lost property, stolen property, any money or property that has been taken into the custody of UNC-CH Police Department personnel for safekeeping until the safe return to the owner or police agency investigating the original theft of the property.

Sex Offense Evidence: Physiological, photographic, and or physical Criminal Evidence collected from a victim or suspect by medical personnel of the UNC Campus Health or the UNC Hospital’s Emergency Room.

Unclaimed Property: Any property that is found and the original owner is not known and the finder of the property does not request that the property be returned to them.

UNC-CH Police Department Exposure Control Plan: In order for UNC-CH Police Department personnel to avoid contaminating themselves or the general public with infectious agents, this Exposure Control Plan provides specific recommendations for the safe handling of potential biohazard substances.

Procedures

I. Administrative Procedures for Property and Evidence Control

A. UNC-CH Police Department Evidence Manager

1. The UNC-CH Chief of Police designates a specific position in the Criminal Investigations Division (CID) to serve as department Evidence Manager and to manage Criminal Evidence, Recovered Property, and Unclaimed Property.
2. The UNC-CH Chief of Police designates the supervisor of CID to provide immediate supervision and serve as an alternate Evidence Manager that maintains equal rights and responsibilities with regard to access and control of the Evidence Room.
3. The Evidence Manager has the responsibility for the management, handling, and security of all Criminal Evidence, Recovered Property, and Unclaimed Property, including the development of policy and procedure and ensuring that procedures as well as state laws are followed. Training is an important part of their responsibilities so that UNC-CH Police officers properly handle all Criminal Evidence and Found Property.

B. Evidence Storage Facilities

1. Criminal Evidence, Recovered Property, and Unclaimed Property in the custody of the UNC-CH Police Department is stored in designated secure storage areas with access limited to the UNC-CH Police Department Evidence Manager and CID supervisor. These areas include the Evidence Room, Evidence Locker, and a small area at the Compound Storage Facility.
   
   Patrol supervisors have access to the Compound Evidence Storage Facility and assist officers with placing large items and bicycles in this area.
   1. Evidence Room;
   2. Evidence Lockers;
   3. Compound Evidence Storage Facility; or
   4. Compound Evidence Shed.
2. The Evidence Manager and the CID supervisor are the only people authorized access to the Evidence Room, secured Evidence Lockers, and the Compound Evidence Shed.
3. UNC-CH Police Department personnel performing inspections and physical plant personnel conducting facility maintenance are accompanied by the Evidence Manager or designee at all times, while they are in an Evidence Storage Facility

C. Records Management

1. The Evidence Manager and the CID supervisor must develop and maintain a record system for documenting custody, transfers of custody, designated storage location and final disposition of all Criminal Evidence and Recovered Property.
2. Current records of property must be recorded on one or more of the following forms;
   1. Evidence/Property Voucher;
   2. Forensic Advantage (FA) Portal; and/or
   3. Evidence/Property Management System Inspection Report.

D. Training

1. The Evidence Manager must assess training needs of UNC-CH Police Department personnel based on changes in Criminal Evidence handling procedures and deficiencies noted during intake, storage, and disposition of Criminal Evidence and Found Property.
2. One-on-one training is given at the time property is received by the Evidence Manager when deficiencies are noted during the transfer of the property.
3. Each UNC-CH Police office is required to receive training upon employment with the UNC-CH Police Department on the handling and processing of Criminal Evidence and Found property prior to starting field training.
4. As needed, the Evidence Manager or their designee conducts training for UNC-CH Police Department personnel to familiarize them with the following subjects:
   1. UNC-CH Police Department policy concerning Criminal Evidence, Recovered Property, and Unclaimed Property;
   2. Potentialities and limitations of the examination of physical Criminal Evidence;
   3. The role and function of the patrol officer and investigators at the crime scene;
   4. Collection methods and procedures regarding fingerprints, footprints, blood, fibers and fabrics, weapons, hairs, paint, glass, tool marks, and the requirements for collection of materials from a known source for comparison purposes;
   5. Preservation methods for various forms of Criminal Evidence;
   6. Maintenance of the Chain of Custody, Criminal Evidence packaging, and records; and
   7. Crime scene sketches, photography, and records.
5. Patrol Supervisors may request the Evidence Manager, to conduct roll call training for their personnel on specific issues concerning Criminal Evidence.
6. Explosives used for canine training are stored in the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) approved bunker provided for canine explosive storage. The bunker is located in the UNC-CH Police Department facility that is alarmed and the bunker itself is secured by two locks.
   1. The canine officer checks out any explosive training aids for the purpose of training their canine. The canine officer completes the appropriate entries in the logbook. The logbook must remain in the bunker and notes the removal of the training aids. Upon conclusion of training the canine, the UNC-CH Police Department canine officer must return the explosive training aids to the bunker and complete logbook entries, noting the training aids have been returned to the bunker.
   2. At no time are explosive training aids stored at the canine handlers residence or any place other than the ATF approved bunker in the UNC-CH Police Department facility.
   3. UNC-CH Police Department quartermaster, who is not routinely or directly connected with the canine training explosives, must conduct an annual inspection.
   4. The annual inspection is used to verify the security and accountability of all explosive aids used for canine training.
   5. UNC-CH Police Department quartermaster must provide a written report of his findings within five working days of the inspection.
   6. When an explosive training aid is no longer of use, it must be destroyed by turning the explosive over to a local law enforcement department that is equipped to properly destroy explosives. This transfer of custody is noted on a UNC-CH Police Department evidence/property voucher.

E. Quality Control Inspections of Property, Storage Facilities, and Records

1. The Evidence Manager conducts semi-annual inspections of Criminal Evidence, Recovered Property and Unclaimed Property, storage areas, and associated records, to ensure compliance with this policy, procedure and state law used for control of the property.
2. When a new Evidence Manager is appointed by the UNC-CH Police Chief, an inventory of all Criminal Evidence, Recovered Property and Unclaimed Property, must be conducted jointly by the newly designated Evidence Manager and a designee of the Chief, to ensure that records are correct and properly annotated.
   1. Documentation of the inventory is emailed to the UNC-CH Police Chief and the CALEA accreditation manager, noting any discrepancies.
   2. CID supervisor is responsible for making sure that the entry door locks to the Evidence Room and alarm codes are changed on all Evidence Storage Facilities at the time of the transfer of custody to the new Evidence Manager.
3. An annual inspection of property, facilities, and records, is conducted by a UNC-CH Police supervisor, not routinely or directly connected, to the control of property and Criminal Evidence.
4. The UNC-CH Chief of Police, or the Chief’s designee, must conduct an unannounced inspection at least annually to insure accountability and security of stored property, facilities, and records.
5. An UNC-CH Police Department Evidence and Property Inspection Report is completed for any inspection listing deficiencies or security problems, along with corrective actions taken to resolve the identified problems. UNC-CH Police Department Inspection Reports are submitted to the UNC-CH Police Chief and maintained at least two years if not longer to meet the University's record retention and disposition schedule.

II. Evidence Control Procedures

A. Packaging and Documenting

1. The submitting UNC-CH Police Department officer, ensures that evidence is properly marked and packaged and that the UNC-CH Police officer maintains evidence Chain of Custody. Procedures for processing various types of Criminal Evidence submitted to the Evidence Manager is located in the UNC-CH Police Department’s Standard Operating Procedure (S.O.P.) 2020-0023 Property and Evidence Control Procedures.

B. Transfer of Criminal Evidence or Unclaimed Property

1. Evidence is only received by the Evidence Manager from a UNC-CH Police officer using the following procedure:
   1. By direct transfer of custody from the submitting UNC-CH Police officer to the Evidence Manager with the transfer documented on evidence/property voucher.
   2. When the Evidence Manager is off duty (after business hours), the submitting UNC-CH Police officer must utilize the Evidence Lockers, located in the evidence processing room at the UNC-CH Police Department, to make an indirect transfer of custody to the Evidence Manager. UNC-CH Police officers submitting Criminal Evidence must enter the required information in the evidence/property voucher, via the evidence module in UNC-CH Police Departments records management system (RMS).
2. The Evidence Manager must ensure custody transfers are properly documented on the evidence/property voucher via the evidence module in RMS.
   1. The Evidence Manager must remove property, temporarily stored in the Evidence Lockers and must document the placement of the Criminal Evidence and Found Property in the property UNC-CH Police Department’s Evidence Room.
   2. The Evidence Manager signs a log every time they enter the UNC-CH Police Department’s Evidence Room.
   3. The Evidence Manager must inspect containers and packages containing narcotics or dangerous drug for tampering on receipt and anytime the evidence changes custody.
   4. On transfers of narcotics and dangerous drugs, the Evidence Manager must document the transfer on the evidence/property voucher in RMS.

C. Temporary Sign-Out Procedures for Evidence

1. The Evidence Manager or on-duty investigator must transport Criminal Evidence requiring North Carolina (NC) State Crime Laboratory analysis to the NC State Crime Laboratory after the Criminal Evidence has been submitted to the laboratory through the Forensic Portal (FP) and approved by a Forensic Portal administrator (FPA), along with any other paperwork required by the NC State Crime Laboratory.
   1. Properly packaged Criminal Evidence and paperwork must be submitted to an evidence technician at the NC State Crime Laboratory Evidence Control Unit.
   2. The Evidence Manager documents the transfer on the evidence/property voucher in RMS.
   3. The Evidence Manager must pick up Criminal Evidence at the NC State Crime Laboratory. The NC State Crime Laboratory mails the laboratory analysis report to the Evidence Manager.
      1. The package containing Criminal Evidence must remain sealed at all times unless ordered to be opened by a North Carolina court or the Orange County District Attorney or the District Attorney’s designee.
      2. The Evidence Manager must attach the laboratory analysis report to the incident report in RMS and must place the hard copy with the case file.
      3. The Evidence Manager must document the receipt of the laboratory analysis report on the evidence/property voucher in RMS. A copy of the analysis report is forwarded to the investigating officer by the Evidence Manager.
2. UNC-CH Police officers needing Criminal Evidence for further investigation or pretrial conferences must contact the Evidence Manager during normal business hours, to have the Criminal Evidence signed out to their custody and documented on the evidence/property voucher in RMS.
3. UNC-CH Police Department officers must contact the Evidence Manager during normal hours to obtain Criminal Evidence for court purposes.
   1. When the Evidence Manager transfers the Criminal Evidence to a UNC-CH Police officer. The transfer is documented on the evidence/property voucher in RMS, for Criminal Evidence checked out for court and coming back from court.
   2. The UNC-CH Police officer keeps the Criminal Evidence in their custody to maintain Chain of Custody until the Criminal Evidence is returned to the Evidence Manager.
   3. The UNC-CH Police officer must turn Criminal Evidence back over to the Evidence Manager as soon as practical after court. If the Evidence Manger is not on duty, the officer must place the Criminal Evidence in an Evidence Locker and must properly document the transfer of the Criminal Evidence in the evidence/property module in RMS.

D. Final Disposition of Criminal Evidence

1. Upon disposition of a criminal case involving Criminal Evidence, the charging UNC-CH Police officer must notify the Evidence Manager of the disposition in their case. The Evidence Manager must immediately request the Orange County District Attorney or a judicial official to make a ruling concerning disposition of the Criminal Evidence.
   1. If a court order is filed concerning disposition, the Evidence Manager must attach a copy of the court order to the evidence/property voucher in RMS.
   2. If Criminal Evidence is held by the court as felony case evidence, the Evidence Manager must have the transfer documented on the evidence/property voucher in RMS and must obtain a signature of the Clerk of Court.
   3. If the court orders the destruction of the Criminal Evidence, the order is documented on the evidence/property voucher in RMS by the Evidence Manager. A copy of the destruction order is obtained by the Evidence Manager and attached to the evidence/property voucher in RMS. The Criminal Evidence is transferred back to the Evidence Manager for destruction.
   4. If the court orders that the Criminal Evidence is forfeited, the UNC-CH Police officer obtains a copy of the forfeiture order and returns the order, the Criminal Evidence and evidence/property voucher to the Evidence Manager for disposition according to the forfeiture order.
2. When the Orange County District Attorney or judicial official authorizes Criminal Evidence to be returned to its lawful owner, the Evidence Manager must attempt to contact the owner and return the property.
   1. Appropriate identification documents (i.e. driver’s license or passport) are checked by the Evidence Manager before Criminal Evidence or found property is released to the owner or authorized representative of the property owner, as well as any other documentation that identifies the property.
   2. The Evidence Manager must document the transfer on the certification of release section of the evidence/property voucher with signatures of the UNC-CH Police officer and the owner of the property or the property owner’s designee.
3. The Evidence Manager must request authorization from the Orange County District Attorney to dispose of old Criminal Evidence where a court disposition was never obtained.
   1. Where Criminal Evidence has been collected, but no arrest has been made and the case has been closed or is inactive, the Evidence Manager must contact the UNC-CH Police officer in charge of the case to see if the Criminal Evidence can be destroyed.
   2. The Evidence Manager must make a list of all old Criminal Evidence that is no longer needed and must request a court order to dispose of the Criminal Evidence according to North Carolina General Statute § (N.C.G.S.) 15-11 thru §15-16.
4. The Evidence Manager must attach the destruction order to the incident report in RMS and must document the destruction order on the evidence/property voucher in RMS, as well as the destruction date of the Criminal Evidence.

E. Special Investigations Concerning Criminal Violations Involving Criminal Evidence

1. Any person who breaks or enters any evidence storage facility with the intent to alter, destroy, or steal any Criminal Evidence relevant to any criminal offense or court proceeding can be punished as a Class I felon in accordance with N.C.G.S. §14-221.1.
2. If the Evidence Manager suspects Criminal Evidence has been altered, destroyed, or stolen, they must request an internal investigation. Depending on the seriousness of the breach, the UNC-CH Police Chief may request an outside agency to assist in the investigation.
3. The support services commander or designee must investigate serious non-criminal violations of policy.
4. The support services commander submits either hard copy documentation of the findings or emails them to the UNC-CH Chief of Police.
5. Altering, destroying, or removing Criminal Evidence is a serious matter that undermines the credibility and integrity of the UNC-CH Police Department. Appropriate legal and disciplinary action by the UNC-CH Police Department is taken in an instance where there is probable cause that intentional alteration, destruction, or removal of Criminal Evidence has taken place.

III. Recovered Property

The UNC-CH Police Department maintains strict measures with respect to the handling, security, storage, and disposition of property so that the public can be confident in the integrity and security of Recovered Property. The procedures for the handling of Recovered Property are found in the UNC-CH Police Department Standard Operating Procedure (S.O.P.) 2020-0024 Processing Recovered Property.