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
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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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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 (6
1
h 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. J C r ~
CHIEF OF POLICE
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