HomeMy WebLinkAboutCustody of Evidence: Special Investigations UnitIdaho
Department of
Correction
Standard
Operating
Procedure
Title:
Custody of Evidence: Special Investigations Unit
Page:
1 of 5
Control Number:
116.01.01.001
Version:
2.0
Adopted:
05-26-2009
Henry Atencio, deputy director , approved this document on 04/02/2015.
Open to the public: Yes No
Redacted version available: Yes No
SCOPE
This standard operating procedure (SOP) applies only to Special Investigations Unit (SIU)
staff and designated investigators involved in the collection and preservation of evidence
obtained during the course of administrative investigations and inquiries.
Revision Summary
Revision date (04/02/2015) version 2.0: Updated to be specific to the newly assembled Special
Investigations Unit. Updated document to new format style.
TABLE OF CONTENTS
Purpose ..................................................................................................................................... 1
Responsibility ............................................................................................................................ 2
General requirements ............................................................................................................... 2
Definitions ................................................................................................................................. 5
BOARD OF CORRECTION IDAPA RULE NUMBER 116
Custody of Evidence
POLICY CONTROL NUMBER 116
Custody of Evidence
PURPOSE
The purpose of this SOP is to (1) establish guidelines for maintaining the integrity of the
evidentiary chain of custody, and (2) provide procedure for the processing, storage, and
disposal of evidence used in administrative investigations and inquiries c onducted by the
Special Investigations Unit (SIU)
Control Number:
116.01.01.001
Version:
2.0
Title:
Custody of Evidence: Special
Investigations Unit
Page Number:
2 of 5
Idaho Department of Correction
RESPONSIBILITY
SIU Chief Investigator
The chief investigator (or designee) of the SIU is responsible for:
• Overseeing administrative investigations of department matters and complaints
or allegations involving department employees, and
• Implementing and ensuring the proc edures provided herein are followed (to
include ensuring SIU investigators read SOP annually).
SIU Investigators
SIU investigators are responsible for practicing the procedures provided herein. In
addition, all SIU investigators will be required to read this SOP annually.
SIU Evidence Technician
The SIU evidence tec hnician is responsible for practicing the procedures provided
herein. In addition, the evidence technician will be required to read this SOP
annually.
In addition, and under the general supervision of the chief investigator, the
evidence technician will be responsible for:
• Performing specialized cleric al and routine tec hnical work relating to s ecuring,
storing, and disposing of seized evidence and property according to federal
and state law and department procedure;
• Evaluating the worth of adjudicated evidence in preparation for legal disposal
and dispersal;
• Notifying investigators when evidence is to be destroyed or dispersed;
• Releasing evidentiary items to authorized personnel;
• Conducting an annual inventory of property and evidence storage lockers
or facilities;
• Responding to subpoenas to bring evidence to court and to testify as needed; and
• Transporting evidence to the forensic services laboratory for analysis, and
retrieve and return the evidence after the analysis is completed.
GENERAL REQUIREMENTS
The investigator seizing or obtaining an article of evidence will maintain custody of that
evidence until it is plac ed in the evidence storage locker or facility. All item s or articles
seized during administrative investigations and used as evidence in disciplinary or criminal
proceedings shall be maintained in a safe and s ecure manner until the c ompletion of the
proceedings. Evidence of criminal activity can be transferred to the law enforcement
agency that has jurisdiction.
Control Number:
116.01.01.001
Version:
2.0
Title:
Custody of Evidence: Special
Investigations Unit
Page Number:
3 of 5
Idaho Department of Correction
1. Evidence Collection
Confiscated evidence is to be properly maintained at all tim es if it is to be admitted as
evidence in legal proceedings. To prevent legal challenges in regards to how evidence is
handled, only the investigator charged with collecting and packaging the evidence
(normally the case investigator) shall handle the evidence.
To establish and maintain a chain of custody, any evidence collected and packaged must
be stored in a secure and safe location to ensure against theft, damage, and unauthorized
posses sion.
The investigator shall complete appendix A, Custody of Evidence Form , (or if applic able
an Idaho State Police (ISP) evidence envelope) for each item of evidence seized. Each
Custody of Evidence Form shall be attached to the package or container containing the
evidence and the package or container shall be sealed with evidence tape. (Note: If using
the ISP evidence envelope, the envelope shall also be sealed with evidence tape.) The
investigator shall then write his initials and the date on the evidence tape. The fields that
must be completed on the Custody of Evidence Form or ISP evidence envelope include:
• Description of the evidence;
• Location found and date found (if appropriate);
• Charge (e.g., the type of crime alleged or type of incident);
• Suspect (e.g., the identity of the involved staff member[s] or persons involved);
• Officer to contact, phone number(i.e., the printed name, telephone number, and
signature of the investigator); and
• Date (i.e., the date the evidence was relinquished to the evidence technician).
The investigator shall also complete appendix B, Evidence Log, by listing each article
of evidence seized in the investigation. The original Evidence Log shall be m aintained
in the investigative file. A copy of the log s hall be made to submit (along with the
evidence) to the evidence technician.
2. Evidence Preservation
The chief investigator designates the SIU administrative assistant to be the evidence
technician, who is res ponsible for the chain of custody of the evidence for storage
and disposition.
A copy of appendix B, Evidence Log, shall be maintained at the SIU evidence storage
locker or facility. The Evidence Log will be maintained until all evidence for that
particular case is properly disposed of in accordance with this SOP.
When the evidence technician receives evidence from an investigator for storage in
the evidence storage locker, the evidence technician will log the evidence into the
evidence log located on the Q: drive with the following information:
Control Number:
116.01.01.001
Version:
2.0
Title:
Custody of Evidence: Special
Investigations Unit
Page Number:
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Idaho Department of Correction
• Location of the evidence,
• Destruction of the evidence, or
• Return of the evidence to the original possessor or third-party when evidence
no longer needs to be held as evidenc e.
Note: When the evidence is no longer held, a note shall be placed in the
investigative file.
3. Evidence Disposal
• 12 months after adjudication, unless a request is received from the court, etc. as
noted below, other evidence (except contraband or illegal items) c an be:
♦ Returned to the original possessor when permitted by law (If the
investigator seized firearms or controlled substances, they s hall notify the
proper law enforcement agency.); or
♦ Released to a third-party who has a credible claim of ownership or is
otherwise legally entitled to possess piec es of the evidence.
Note: Returned evidence shall be recorded on appendix C, Property Receipt.
The Property Receipt shall indicate to whom the evidence was released and
the date. If the evidence is in the form of a controlled substance, the controlled
substance shall be relinquished only to the ISP for dispos al.
Note: Third-parties must provide photo identification. A credible claim of
ownership shall include documentation such as a sales rec eipt, a bill of sale
or transfer, or other written evidence of ownership.
• Unclaimed or SIU-generated evidence (including audio and video recordings,
photographs, and similar items) should be destroyed by the evidence technician
seven years after adjudication unless a request is received from the court, Office
of the Attorney General (i.e., Idaho Attorney General), or the Id aho Personnel
Commission to continue possession or preservation of the evidence.
Control Number:
116.01.01.001
Version:
2.0
Title:
Custody of Evidence: Special
Investigations Unit
Page Number:
5 of 5
Idaho Department of Correction
DEFINITIONS
Chain of Custody: The unbroken trail of accountability that ensures the physical security
of a sample or evidence, tracking its handling and storage from the point of collection to
the final dispos ition.
Department: The Idaho Department of Correction.
Evidence: The means by which any matter of fact may be established or disproved.
Such means include testimony, documents, and physical objects.
Evidence Technician: The person designated to receive, review, catalog, mark,
document, and store s ubmitted property and evidence for the purpose of safeguarding
the integrity of the chain of custody.
Investigative File: A Special Investigations Unit (SIU) file containing the
Investigative Report and other documents such as interview summaries, witness
statements, evidence logs, and supporting doc um ents of an approved
investigation.
Special Investigations Unit (SIU): The designated unit under the Director's Office with
primary responsibility for conducting administrative and criminal investigations involving
allegations of staff misconduct, offenders who have absconded from probation or parole,
investigate escapes and assist in the recapture of offenders, pre -employment
background checks, gather intelligence and coordinate facility investigations .
– End of Document –
116.01.01.001
Appendix A (last updated 03/03/2015)
Custody of Evidence Form
LAB NO.
LAB EXHIBIT NO.
ISP Forensic Servic es
Headquarters Lab
(For Evidence Delivery Only)
700 South Stratford Drive
Meridian, ID 83642
Tel. No. 884-7170
I. Please complete all blanks below.
2. Seal the evidence into an envelope.
3. Deliver to the appropriate lab or send by UPS or registered mail to the appropriate address.
4. Please tape the completed envelope to a properly sealed evidence container.
Agency Submitting Date of Offens e
Agency Case Number Exhibit No.
DOB:
SS#:
Suspect SID#:
Victim
Charge Court Date
Description
of Evidence
Location Found Date Found
Examination
Required
Officer to Contact Phone No.
From To Date
From To Date
From To Date
From To Date
From To Date
From To Date
From To Date
From To Date
From To Date
116.01.01.001
Appendix B (last updated 03/03/2015)
Special Investigations Unit
Evidence Log
Case Number: Cas e Name: Investigator:
The follow ing physical e vidence, documents, sta tements a nd te stimony w as collected during the
investigation:
Exhibit # De scription Control #
Investigator Signature: Date:
116.01.01.001
Appendix C (last updated 03/03/2015)
Special Investigations Unit
Property Receipt
On (date) / / , at (time) : am / pm, the item(s) listed below
were returned to:
Name:
Agency:
Address:
Description of Item(s):
Recei ved by:____________________ Received from:_________________________
Witnessed by:______________________ Case No.:____________________