Custody of Evidence - SOP

DEPARTMENT
OF
CORRECTION

PRISONS
DIRECTIVE NUMBER:
116.02.01.001
PAGE NUMBER:
1 of 6
SUBJECT:
Custody Of Evidence
Reviewed: 01-24-03
Revised: 02-14-03

01.00.00. POLICY OF THE DEPARTMENT

It is the policy of the Board of Correction that all evidence confiscated from inmates,
clients, or residents, which is to, or may, be utilized in administrative disciplinary
proceedings or criminal proceedings shall be maintained in a safe and secure manner
until completion of the case.

01.01.00. Purpose

To establish a uniform method of handling and maintaining the integrity of criminal
evidence seized in Department facilities. This directive applies to all employees of the
Department of Correction.

02.00.00. TABLE OF CONTENTS

01.00.00. POLICY OF THE DEPARTMENT
01.01.00. Purpose
02.00.00. TABLE OF CONTENTS
03.00.00. REFERENCES
04.00.00. DEFINITIONS
05.00.00. PROCEDURE
05.01.00. Crime Scene Security
05.02.00. Crime Scene Evidence
05.03.00. Disposition Of Crime Scene Evidence
05.04.00. Statements by Witness/Suspects
05.05.00. Crime Scene Photographs

03.00.00. REFERENCES

Attachment A, Crime Scene Log.

Attachment B, Custody Of Evidence.

Attachment C, Evidence Log.

Bourgeois v. Murphy, 119 Idaho 611.

DIRECTIVE NUMBER:
116.02.01.001
SUBJECT:
Custody Of Evidence
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Department Policy 116, Custody of Evidence.

Department Policy 320, Control of Offender Property.

Idaho Code, Section 18 -2501.

IDAPA 06.01.01, Rules Of The Board Of Correction, Section 116, Custody Of Evidence.

Standards for Adult Correctional Institutions, Third Edition, Standards 3 -4219.

Walpole v. Hill, 105 S.Ct. 2768 (1985).

04.00.0. DEFINITIONS

Board. The state Board of Correction.

Contraband. Any thing of any kind which is prohibited by Board, Department, or facilit y
rules, procedures, or directives. Contraband also includes any thing of any kind which a
facility head has not approved for possession by an inmate or which a facility head has
not approved to bring in to a facility or on to department property.

Department. The state Department of Correction.

Facility. A building or residence, including the property and land where the building or
residence is located, owned or leased and operated or managed by the Board or
Department.

Facility Head. The person with primary responsibility to oversee, manage or operate a
Department facility.

Inmate. An individual in the physical custody of the Board. (See also Offender.)

Offender. A person under the legal care, custody, supervision or authority of the Board
including a person within or without the state pursuant to agreement with another state
or a contractor. (See also Inmate.)

05.00.00. PROCEDURE

05.01.00. Crime Scene Security

Any time it is believed that a crime has been committed, the shift commander shall
assign staff to secure the crime scene, identify all persons who were present when the
DIRECTIVE NUMBER:
116.02.01.001
SUBJECT:
Custody Of Evidence
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3 of 6

incident took place, and ensure preservation of any evidence. The staff will log all
activity on the Crime Scene Log (See Attachment A, Crime Scene Log).
The local law enforcement authorities should be contacted as soon as possible for
investigation.

Nothing within the crime scene area shall be moved or touched by anyone, except as
needed to render emergency medical assistance. Even then the scene should not be
disturbed any more than necessary. If an object (such as a weapon) needs to be
removed because of a threat to security or other emergency need, that object will be
photographed and diagramed with relation to the rest of the crime scene prior to its
removal, if practical.

Evidence shall not be moved or otherwise altered until local law enforcement officials
determine whether or not they will be handling the case, except as specified above. If
law enforcement handles the case, they will be responsible for all evidence collection.
Should law enforcement decide not to handle the case, the Department will be
responsible for all evidence collection and crime scene preservation.

Once law enforcement has finished their investigation, the crime scene can be released.

05.02.00. Crime Scene Evidence

Any time crime scene evidence is present, local law enforcement will be notified and a
report will be completed. Should law enforcement not respond, Department staff will
follow the guidelines listed below.

The person seizing an article of evidence will normally maintain custody of that
evidence until its placement in the evidence locker.

That person shall complete the custody of evidence form (see Attachment B, Custody of
Evidence) for that item of evidence, noting among other entries, the date and time he
took custody of the evidence and the date and time he relinquished custody of the
evidence. Entries shall also include but not be limited to:

Description of the item;

How, when and where the item was obtained;

Location and disposition of the evidence;

Type of crime alleged or type of incident;

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Condition of the evidence;

Identity of the staff member;

Time and date of completion of chain of evidence form;

Signature; and

Supervisor’s signature.

If it is necessary for more than one (1) person to assume custody of an item, each
person will make specific entries on the custody of evidence form.

An evidence log (See Attachment C, Evidence Log) will be maintained at the site of
each evidence locker. This evidence lo g will be maintained, for each piece of evidence,
for at least two (2) years.

Log entries will include:

Name of individual entering the evidence locker;

Date;

Time In;

Purpose;

Evidence In;

Description;

Case number;

Location in locker, shelf number, etc.;

Victim’s name;

Suspect’s name and IDOC number if applicable;

Evidence Out;

To where;
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What purpose;

Final Disposition/authorization; and

Authorization for final disposition may be made by the facility disciplinary hearing
officer, or the facility head or designee.

Each facility will maintain a secure evidence locker that is tamper resistant.

05.03.00. Disposition of Crime Scene Evidence

All criminal evidence will be transferred to the law enforcement agency with jurisdiction.

Any evidence used solely in the disciplinary/grievance action will be maintained through
the appeals process.

Upon a finding on the offender’s behalf, non-contraband evidence should be returned to
the offender within seventy-two (72) hours.

Unauthorized items or property that cannot be returned to the offender will be turned
over to the property officer for disposal in accordance with Department Policy 320,
Control of Offender Property. Narcotics and controlled substances will be disposed of
through:

State Laboratory;

State Bureau of Narcotics; or,

Local law enforcement.

Note the exact disposition of all evidence in the evidence log and the case file if
applicable.

05.04.00. Statements By Witness/Suspects

During the course of an investigation if it is determined the Miranda rights need to be
read to an offender, the law enforcement agency with jurisdiction shall read the warning
and have the offender sign the appropriate acknowledgement.

Any comments made by suspects or witnesses to Department staff will be noted and
reported to the shift commander who will forward to the law enforcement agency with
jurisdiction. Each facility will designate specific procedures by field memoranda.
DIRECTIVE NUMBER:
116.02.01.001
SUBJECT:
Custody Of Evidence
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Any internal Department investigation will not be started until the of ficial preliminary law
enforcement investigation is completed.

The institution will assign a Department staff member to act as liaison with the local law
enforcement agency.

The Department may request copies of documents and statements from the local law
enforcement agency to assist with the internal investigation.

05.05.00. Crime Scene Photographs

Photographs may be taken of the crime scene by law enforcement. The Department
shall take such photos whether law enforcement does or does not.

Photographs that will be used as evidence will not be shown to victims or witnesses
unless authorized by the law enforcement agency with jurisdiction.

Photographs will not be shown to staff who do not have a specific need to see them.

Suspects involved in a violent crime shall be photographed prior to and following
removal of clothing. Clothing shall be bagged and labeled and the custody of evidence
procedures followed. Handling of suspects in violent crimes, such as clothing removal,
shall utilize standard videotaping procedures whenever possible.

__________________________________________ _____________________
Administrator, Operations Division Date

1160201001, Attachment A
Revised 11-20-02
IDAHO DEPARTMENT OF CORRECTION
CRIME SCENE LOG

Date/Time
ACTIVITY
(Give start and ending times)

Initials

1160201001, Attachment B
Revised 11-20-02

IDAHO DEPARTMENT OF CORRECTION
CUSTODY OF EVIDENCE

Incident Report/Case
Number:

Date/Time Found:

Location Found:

Signature of Officer Who
Found:

Physical Description:

CHAIN OF CUSTODY
Date/Time From To Reason

1160201001, Attachment C
Revised 11-20-02

IDAHO DEPARTMENT OF CORRECTION
EVIDENCE LOG

Page ____ of ____

Case Number:

In clusive Dates:

Evidence Storage Location:

The following physical evidence, documents, statements and testimony was collected
during the review and/or investigation:
# Description Relevance

Name of Investigator: Signature: