19.01 Proper Collection and Handling of Evidence

• All evidence or property that is seized must be tagged and placed in the BCSO Property Room by the seizing officer before the end of their shift.

19.02 Tagging Evidence

A. Physical Evidence

• Each piece of physical evidence must be tagged promptly, entered in the property log, and stored according to BCSO procedures.

• Tagging is done with specific forms provided for this purpose.

B. Narcotics

• Controlled substances must be sealed in appropriate envelopes, tagged with a physical evidence tag, logged, and placed in the Narcotics Drop Box.

C. Narcotics Paraphernalia

• Paraphernalia must be separated from controlled substances, tagged, and stored with other physical evidence, rather than the Narcotics Drop Box.

D. Hazardous Evidence

• Dangerous materials are stored separately and not tagged like ordinary physical evidence.

• Arrangement for storing such evidence is the responsibility of the assigned investigator.

E. Processing or Laboratory Examination Evidence

• Evidence requiring processing is tagged appropriately, and a "Lab Submission Form" must be completed and sent to the Evidence Unit.

F. Evidence Technicians

• Only designated Evidence Technicians are allowed to process or examine evidence and must sign for evidence before removing it from the property room.

G. Evidentiary Items

• Evidence personnel only take possession of items that require processing.

19.03 Destruction and Release of Evidence

A. Destruction of Evidence with No Intrinsic Value

• Evidence such as empty cans or paper bags can be destroyed upon authorization of the investigator or supervisor. Destruction occurs only after confirming the investigation is closed.

B. Destruction of Intrinsically Valuable Evidence

• Evidence of intrinsic value must comply with the Code of Criminal Procedures for destruction, sale, or disposal.

C. Release of Property

• Property release to owners requires proper identification and authorization from the investigator.

• Governance by court orders and Chapter 47 (CCP) is mandatory.

D. Property Room Protocols

• Property is released consistent with Property Procedures, under strict controls regarding unauthorized access.

19.04 Firearm Evidence

A. Handling Firearms

• Firearms found at a crime scene must be recorded and processed without disturbing them unless they pose a threat.

B. Unloading Firearms

• Firearms of evidentiary value should not be unloaded unless it creates a threatening situation, with unloading performed only by qualified personnel.

C. Processing Firearms

• Whenever possible, an Evidence Technician should process firearms recovered as evidence.

D. Chain of Custody for Firearms

• The original recovering officer, Criminal Investigator, or Supervisor, along with the Evidence Technician, maintain the chain of custody for firearms.

19.05 Blood and Other Evidence

A. Blood Evidence

• Blood evidence must be collected carefully:

  1. Do not use plastic bags.

  2. Air-dry blood-stained clothing if possible.

  3. Use paper containers or bags for packaging.

B. Other Evidence Recovery

• The Investigating Officer or Evidence Technician should recover body secretions or stains that may hold evidentiary value.

19.06 Officers Processing Crime Scene for Latent Prints

A. Processing Responsibility

• BCSO officers should process minor crime scenes for latent prints using provided or personal fingerprint kits.

B. Preservation of Latent Prints

• Use fingerprint cards provided in kits to log prints, which must then be secured in designated boxes.

19.07 Evidence Technician Assistance at Crime Scene

A. Evidence Technician Request

• Officers needing an Evidence Technician should remain at the crime scene if possible; if not, they must inform the technician of all pertinent details related to the incident.

19.08 Responsibility for Property Recovered from Deceased Persons

A. Medical Examiner's Responsibilities

• The Medical Examiner is responsible for personal property recovered from deceased persons, which remains with the investigating officer after tagging for the Property Room.

19.09 Property Not Considered Evidence

A. Safekeeping Property

• BCSO is responsible for tagging and logging property held for safekeeping. However, Property Room Personnel will only accept properly tagged and logged items.

19.10 Disposition of Recovered Stolen Property

A. General Protocol for Recovery

• The officer recovering stolen property is responsible for its transport to the Property Room unless its volume or mitigating circumstances dictate otherwise.

B. Processing and Release of Recovered Property

• Officers must handle latent print processing unless significant circumstances require that an Evidence Technician take over. Generally, stolen property isn’t released to its owner without authorization or proper procedures.

C. Chain of Custody

• The recovering officer starts the chain of custody, ensuring reports and logs are properly filled out and forwarded.

D. Investigation Involvement

• Criminal investigators manage Chapter 47 (CCP) filings for stolen property due to their legal oversight responsibility.

19.11 Legal Requirements Regarding Seized Property

A. Seizure Guidelines

• Property may be seized for several reasons, including being stolen, abandoned, altered, contraband, evidence of crime, weapons, search warrants, civil attachments, or arrestees’ property.

B. Holding Seized Property

• Recovered stolen property must remain under law enforcement custody pending court orders for release, unless specified exceptions apply.

19.12 Criminal Investigator’s Guide to the Disposition of Recovered Stolen Property

A. Statutory Guidelines

• Various chapters of the CCP guide the handling of stolen property, search warrants, abandoned property, etc.

B. Court's Role

• A magistrate or judge handles the disposal of property not held as evidence, depending on acquisition methods.

C. Returning Property

• Generally, stolen items in possession of law enforcement are not returned at the scene; exceptions exist under specific legal statutes.

D. Documentation and Disposal Procedure

• Following proper procedures for documentation and disposal is crucial for all types of property seized as evidence or otherwise.