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The University of North Carolina at Greensboro Police Department |
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| General Order 3-2.1 | Property Management | |
- Receiving Property
Evidence and confiscated property will be submitted to the Evidence Technician as directed by the "Collecting, Processing, and Preserving Physical Evidence" section in this manual. The recovering officer will complete a written report detailing a description of the property and the circumstances by which it came into the agency's control. All property classified as evidence and confiscated property shall be packaged and labeled as directed by the aforementioned section in this manual.
All departmental personnel who collect or take possession of property as evidence, confiscated, recovered, or lost and found shall enter collected items into the evidence module of the department's record management system (RMS) by the end of shift. The employee submitting the property will describe each item in detail and provide an informative narrative of how the UNCG Police came into possession of the property.
Money will be packaged in a clear plastic currency bag. Information on the package should provide sufficient data to identify the case, the date, your initials, secondary initials, money listed by denomination and total. The subtotal for each denomination as well as a total for the money within the package will be listed in the officer's narrative. The total amount of money will be listed in the description section of the RMS evidence module as well. In the event the officer is unable to complete the data entry, the employee shall obtain permission from a supervisor to postpone the RMS data entry and secure all property in a temporary evidence locker along with the Delayed Evidence Submission form. The form should also contain the date and time the property was secured, a description of evidence and signatures from the officer and the supervisor. The information on the sealed evidence bags shall be completed as normal. One copy of the Delayed Evidence Submission form will remain with the evidence, the second copy stays with the officer’s case file.
In the event property is refused by the Evidence Technician, the property will be secured in the pass back lockers and padlocked, the combination will be sent to the officer via email or text. After the officer makes corrections to the evidence it may then be placed in the temp storage pass-thru locker and secured.
Medicine Drop Box
UNCG Police Department’s Medicine Drop Box is located in the lobby of the police building where there is 24-hour surveillance. The box is bolted to the wall for added security. The Medicine Drop Box is to be checked and/or emptied monthly at the beginning of each month. The Evidence Technician will maintain one key to the Medicine Drop Box and one key will be maintained by the Support Services Commander. Both keys will be needed to access the drop box. The medicine collected from the Medicine Drop Box will be boxed up, logged into evidence with an admin case number and ordered to be destroyed. Each collection of medication will be weighed and a log of weights will be kept in the evidence module. The box will be taken then directly to the destruction barrel and secured in the UNCG Police Department’s Property room. The collected drugs will be burned with other narcotics scheduled for destruction. During the process the Evidence Technician will wear and record the process with a BWC.
Pass Back Lockers - Refused Evidence
The Evidence Technician has a “Right of Refusal” for evidence/property that is not submitted correctly. In the event property is refused by the Evidence Technician, the property/evidence will be secured in the pass back lockers and padlocked, the combination will be sent to the officer via email or text. The Evidence Technician will email an Evidence Refusal Form to the officer, assigned sergeant and commander.
After the officer makes corrections to the evidence, the evidence, the signed/dated refusal form and padlock may then be placed in the temp storage pass-thru locker and secured.
Pass Back Lockers - Court
Officers requiring evidence for court will submit a request through web help desk to the Evidence Technician requesting that evidence from their case is needed for court, the email will include, case number and court date and items needed. The Evidence Technician will complete a chain of custody release and place the evidence and release form in the pass back locker. The Evidence Technician will then forward the combination to the requesting officer. If the officer needs the evidence for court the following day the officer may lock the evidence in the pass back locker until the following day. Upon completion of the court case the evidence may be placed into the pass-thru lockers for return to the Evidence Technician. The officer should then complete the chain of custody tab (6.) in the RMS evidence module by indicating date returned, times returned, and officer’s number and then save changes.
Pass Back Lockers - Incomplete Evidence
Evidence/Property that is submitted as incomplete to the pass thru lockers will be examined by Evidence Technician and placed in a pass back locker, the combination will be sent to the officer for retrieval of items for completion. Upon completion all items and lock will be submitted/secured to the temp storage lockers.
Alcoholic Beverages
In general, alcoholic beverages will not be seized for evidentiary purposes. Officers will photograph and then pour out all alcoholic beverages at the scene and appropriately dispose of the containers.
EXCEPTIONS:
In any felony or serious case where a container of an alcoholic beverage is found as evidence, a supervisor or the assigned case investigator will determine if the item should be seized and placed into evidence or merely be photographed. If a container was used as an instrument in a crime (e.g., a beer bottle used as an assault weapon or a can altered as paraphernalia), the container is impounded as evidence in the condition in which it was found. Officers should only empty the contents if they are not necessary to the case and the container is open. Any emptied containers should be dried thoroughly before being submitted.
If a non-tax paid alcoholic beverage is located, it shall be seized as evidence. Additionally, the officer will complete BD-4L - Report of Arrest/Seizure Involving Non-tax paid (Unstamped) Controlled Substances. Any photographs taken pursuant to this section will be attached to the incident report.
Digital Evidence
All video, audio and digital evidence that is obtained from Captura, Eventide, Exacq, WatchGuard, digital photographs, or any other source not listed shall be entered into RMS evidence module. When entering into the evidence module select the item category that matches the type of digital evidence to be stored and property type as “35.” This entry will alert the Evidence Technician to secure the digital evidence on the Technical Services Unit (TSU) evidence server until the case is disposed in court. In the event an officer needs digital evidence from the TSU server, the officer will submit a request via the Web Help Desk.
Video data retained for evidentiary purposes shall only be reproduced for the purpose of court or investigative needs. All copies will be accounted for in the evidence storage system. No digital records will be copied by employees for personal reasons unless specifically approved in writing by the Chief of Police. - Found Property
Found property will be handled the same way as evidence. Upon taking custody of found property, officers will obtain a case number from Communications. Officers will make a diligent effort to find and contact the owner of the property. If officers are unable to locate the owner and return the property by the end of their assigned shift, they will secure the item into an evidence locker. Officers, upon securing the item, will enter the item into the evidence module in the same manner as evidence. Officers will choose "Found Property" as the reason entered and "Found Property" as the item category. Officers shall also type a short narrative in the notes section explaining how/where/when/from whom with address and phone number the item was obtained, and any action taken to locate the owner. Include owner information if available. All found property that is not under investigation by a law enforcement agency can be released to the owner at any time. However, satisfactory proof of ownership must be presented, which includes identification of the owner, property serial number, receipts, sales slip, invoice, etc. When an owner can describe the property in detail as to the color, style, brand, marks and scratches, the property may be released.
UNCG Police employees may not claim found property. - Security Lockers And Storage Facilities
All evidence, confiscated, and found property shall be secured in the temporary storage room lockers (Room 135), if the item(s) is too large for the storage lockers (e.g. bikes), the item(s) shall be stored in the temporary storage room and the door should be secured. If additional items are needed to be stored than the room allows, officers should contact a Support Services supervisor for call out of the evidence technician. - Access Control to Storage Areas
Access to storage facilities is limited to the Evidence Technician and others at their discretion. Storage areas will include the Evidence Processing Room (Room 135A), Evidence Storage (Room 135B), and Forensic Lab (Room 113 at the discretion of Technical Services Supervisor). Any person(s) who enters the Evidence Room 135B, or Room 113 will complete a sign in/out sheet provided by the Evidence Technician or TSU supervisor. - Property Records
All property under control of the agency will be classified in one of three ways: evidence, confiscated, or lost and found. Each incident where property is seized by an officer will require it to be entered into the evidence module of the RMS by the recovering officer. The evidence module will reflect the location where the property was seized, the date and time received, a description of the property, and a chain of custody record for each item under agency control. All property meeting one of these three classifications will be recorded into the appropriate database. - Property Inspections
The Evidence Technician will conduct quarterly inspections of all property storage areas as well as associated records to ensure compliance with policy, procedure, and state law. The Evidence Technician will complete a report listing their findings of this inspection as well as a total number of items held in evidence. This report will be submitted quarterly to the Chief. The Chief, or designee, will conduct an unannounced inspection at least annually to ensure accountability and security of property, facilities, and records. An annual audit of property, facilities, and records will be conducted by the Professional Standards Unit who is not directly connected with the duties of the Evidence Technician.The audit will be conducted at the end of each fiscal year or whenever the assigned Evidence Technician changes. An Evidence/Property Inspection Report will be completed by the supervisor conducting the annual audit listing any deficiencies or security problems along with the necessary action to correct those problems. All reports pertaining to the Evidence/Property Room must be submitted to the Chief and maintained for a period of three years. - Final Disposition of Property
Any disposal of evidence will require a court order, which will be attached to the incident report. A court order will not be required for administrative cases, the disposal of non-drug, non-money, and or non-firearm evidence, provided the case has been adjudicated, is not pending appeal, and is adjudicated. All disposal of evidence that does not have a court order must have the approval from the Support Services Commander. All property will be processed as quickly as possible and cleared from the evidence storage facilities as soon as possible. The Evidence Technician should research to determine all charges have been adjudicated on all involved defendants. Upon approval from the Chief of Police and with specific court order, property may be released to the department for investigative and/or training purposes. During routine inspections, the Professional Standards Commander will periodically account for any controlled substances, weapons, or explosives assigned for investigative or training purposes.
All unclaimed property, except for bicycles, will be maintained in the custody of the department for a period of no less than 180 days. All unclaimed bicycles will be maintained in the custody of the department for a period of no less than 60 days. Unclaimed cash will be maintained in the custody of the department for a period of no less than 180 days. A newspaper ad will be placed once each year in the month of September by the Evidence Technician to cover property eligible for sale, return to claimant/owner, donation to charity, or destruction. Unclaimed cash will be released to Guilford County Schools or the individual who found and turned it in. No department personnel are eligible to claim lost cash under this provision. After the ad has been placed and a total period of 90 days (60 days plus an additional 30 days after ad) if the bicycles are still unclaimed, the bicycles may be donated to a charitable organization such as a church, Goodwill, etc. A letter from the organization as well as an inventory of released bicycles will be obtained and forwarded to the evidence control officer who will maintain the record for a period of 3 years. After such time it will be released. - Return of Property
Whenever possible, the property of victims and witnesses will be promptly returned. Exceptions to this include illicit items, contraband, disputed property, weapons used in the course of a crime, and evidence that is needed to convict the defendant in trial. Property will only be returned to suspects after receiving a court order, or when the suspect is not charged with a relevant crime and the evidence is not relevant to a case pending prosecution.
If two or more persons claim the same property, then the Evidence Technician shall hold the evidence, regardless of any proof of ownership shown, until one or the other claimant obtains a court order determining ownership.
Evidence ordered destroyed shall be destroyed and a copy of the court order shall be scanned and attached to the incident in RMS, the court order is then sent to records for filing. Destruction will be in compliance with state law.
All drugs and narcotic evidence shall be disposed of by use of the incinerator as ordered by the court. Chain of possession should extend to verifiable disposition and accounts of disposition be made a part of the permanent evidence record.
Release of Firearms
Firearms will only be released with a valid court order. A criminal history check shall be completed to insure that the owner has no felony record, outstanding felony warrants, pending action on a felony indictment in any court of competent jurisdiction, or any conviction for a domestic violence offense. If the owner does, then the weapon will not be returned without a court order.- Upon release, the owner must show valid picture identification. The following qualify as valid identification:
- A current, valid state driver's license;
- A state identification card; or
- A United States passport.
The owner must show proof of ownership. The following qualify as proof of ownership:
- Original receipt of purchase;
- Notarized affidavit from the place of purchase identifying both the owner and the weapon;
- A handgun permit; or
- A signed and notarized statement by the claimant/owner which clearly states that they are the owner of the firearm, and that they agree to hold UNCG harmless from the claims of any other person.
- Vehicle Registration Plates and Drivers Licenses
Registration plates and drivers licenses that are seized as fictitious must be placed in evidence. All others (Revoked/Expired/Insurance/Surrendered) should not be turned in as evidence, but returned to DMV.
Officers are authorized to serve process and revocation orders of the North Carolina Division of Motor Vehicles. When law enforcement officers or telecommunicator enters a license plate or drivers license number into DCI and the driver license or license plate is determined to be suspended, revoked or inactive, the DCI system will display "Pickup Driver License" and/or "Pickup Registration Plate."
Officers will complete the following steps when seizing a driver license pursuant to a DMV pickup order:- Complete the DMV DL-53A form
- Provide customer with the pink copy
- Turn white copy into Records to be scanned into RMS
- Forward yellow copy biweekly with driver license attached (unless needed for a pending criminal proceeding) to the Division of Motor Vehicles at 3120 Mail Service Center in Raleigh, NC 27699.
Officers will complete the following steps when seizing a registration plate pursuant to a DMV pickup order:
- Complete the DMV DL-53A form
- Provide customer with the pink copy
- Turn white copy into Records to be scanned into RMS
- Secure yellow copy to the plate
- Submit over DCI TSEZ (G.S. §20-45)
- Unless needed for a pending criminal proceeding , take the seized registration plate to a local Driver License Office and leave with an examiner.
- Secure yellow copy to both the driver license and the registration plate
- Submit over DCI TSEZ (G.S. §20-45)
- Unless needed for a pending criminal proceeding, take both the seized registration plate and driver license to a local Driver License Office and leave with an examiner.
G.S. §20-45. Seizure of documents and plates.
(a) The Division is hereby authorized to take possession of any certificate of title, registration card, permit, license, or registration plate issued by it upon expiration,revocation, cancelation, or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued, or which has been unlawfully used.
(b) The Division may give notice to the owner, licensee or lessee of its authority to take possession of any certificate of title, registration card, permit, license, or registration plate issued by it and require that person to surrender it to the Commissioner or his officers or agents. Any person who fails to surrender the certificate of title, registration card, permit, license, or registration plate or any duplicate thereof, upon personal service of notice or within 10 days after receipt of notice by mail as provided G.S. §20-48, shall be guilty of a Class 2 misdemeanor.
(c) Any sworn law enforcement officer with jurisdiction, including a member of the State Highway Patrol, is authorized to seize the certificate of title, registration card, permit, license, or registration plate, if the officer has electronic or other notification from the Division that the item has been revoked or canceled, or otherwise has probable cause to believe that the item has been revoked or canceled under any law or statute, including G. S. §20-309(e).
If a criminal proceeding relating to a certificate of title, registration card, permit, or license is pending, the law enforcement officer in possession of that item shall retain the item pending the entry of a final judgment by a court with jurisdiction. If there is no criminal proceeding pending, the law enforcement officer shall deliver the item to the Division.
(d) Any law enforcement officer who seizes a registration plate pursuant to this section shall report the seizure to the Division within 48 hours of the seizure and shall return the registration plate, but not a fictitious registration plate, to the Division within 10 business days of the seizure. (1937, c. 407, s. 10; 1975, c. 716, s. 5; 1981, c. 938, s. 2; 1993, c. 539, s. 329; 1994, Ex. Sess., c. 24, s. 14(c); 2005-357, s. 1; 2006-105, ss. 2.1, 2.2; 2006-264, s. 98.1.)