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ECU

KJ

KT Jaeger

Transcript

Evidence Control

Baltimore Police Department

ECU In & Out

The visible ECU

In

  • Items are "received" at the Counter inside Headquarters (HQ)

  • All case information is provided by the submitting/responsible member on a Form 56 and entered into "Ace/Winace" (evidence tracking software)

Classification

Items are stored based on their classification - there are four general types:

  • General Property
  • Money & Jewelry*
  • Firearms*
  • Controlled Dangerous Substances*

*Sensitive Items

Classification

General Property

Once Accepted By ECU, general property is temporarily stored behind the receiving counter.

It may be moved to another location within ECU HQ facility or to the offsite warehouse depending on the type of evidence/property, size, and expected need.

Money & Jewelry

Money & Jewelry are deposited into the "Money Mailbox" to be collected by Money Vault Personnel.

Money & Jewelry

Firearms

Generally - Firearms and Firearms related evidence are deposited into the "Firearms Mailbox" to be collected by Firearms Vault personnel.

Firearms

Items that are too large to fit into the firearms mailbox are stored behind the receiving counter and moved to the firearms vault the next business day.

Controlled

Dangerous

Substances

(CDS)

All CDS and some CDS related evidence is deposited into the "CDS" mailbox to be collected by Drug Analysis Unit Personnel.

Controlled

Dangerous

Substances

(CDS)

Out

Items are only released from ECU in the following instances:

  • Requested for Court (Evidence)

  • Requested for Continued Investigation
  • Internal (e.g. BPD)
  • External - (e.g. USAO, ATF, FBI, etc.)

  • Disposal
  • Court Order
  • Returned To Customer (RTC)
  • Destroyed
  • Auction
  • Converted to Departmental Use

Court

  • Items needed for court generally must be requested 48 hours in advance.
  • This is due to the possibility of having to locate and recover property from multiple locations and/or sensitive areas.

  • The requesting member must present a subpoeana and departmental ID to ECU personnel.

  • Winace is updated to reflect that the member has removed the property from ECU.
  • That member is now responsible for its custody until it is returned to ECU.

Continued Investigation

  • Items may be requested by BPD members for an ongoing investigation.

  • Investigations may be internal or external.

  • Custody of items removed from ECU is transferred to the member (Winace) and the receiving member is responsibile for the items integrity and safekeeping until it is returned to ECU.

  • Any opened items must be verified and a memo describing the circumstances must accompany the returned item.

Disposal

  • Disposal refers to the final disposition of Evidence/Property.

  • Disposal is only authorized when:

  • The Responsible Officer of record has authorized it, and
  • The court records have been checked for any pending activity.

CDS

Controlled Dangerous Substances

(CDS - Drugs)

In

  • Once items are received at the counter, the submitting officer places the sealed package into a secure, limited access, temporary storage container (mailbox).
  • This mailbox is maintained by the Drug Analysis Unit.
  • Authorized DAU personnel recover the CDS and remove it to the Lab.
  • The location change is made in Winace.

Drug Analysis Unit

Drug Analysis Unit

  • At the Lab, a determination is made whether or not the case will be analyzed.

  • Once analyzed or if no analysis is to be completed, items are returned to ECU, directly to ECU drug vault personnel.

  • Drug Vault Personnel receive the items noting the transfer and location change in Winace.

  • CDS is then stored in the secured, limited access Drug Vault until it is needed or can be disposed of.

Out

  • CDS items are only released to:

  • The responsible officer for court purposes;

  • The drug analysis unit for additional/supplemental analysis or re-testing;

  • An authorized outside agency for analysis, or continued investigation/prosecution; or

  • to be disposed of.

NO CDS IS EVER RETURNED

What is CDS?

Any substance (commonly illicit or prescription drugs) which has been scheduled by the Drug Enforcement Administration (DEA). These substances are scheduled (I – V) based on the accepted medical use, likelihood of diversion, and potential for abuse or addiction.

DEA Classifications

DEA Classifications

Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential. The abuse rate is a determinate factor in the scheduling of the drug; for example, Schedule I drugs have a high potential for abuse and the potential to create severe psychological and/or physical dependence. As the drug schedule changes-- Schedule II, Schedule III, etc., so does the abuse potential-- Schedule V drugs represents the least potential for abuse. A Listing of drugs and their schedule are located at Controlled Substance Act (CSA) Scheduling or CSA Scheduling by Alphabetical Order. These lists describes the basic or parent chemical and do not necessarily describe the salts, isomers and salts of isomers, esters, ethers and derivatives which may also be classified as controlled substances. These lists are intended as general references and are not comprehensive listings of all controlled substances.

Please note that a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. (See 21 U.S.C. §802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. §813 for the schedule.)

From: https://www.dea.gov/druginfo/ds.shtml

Schedules

Schedules

Schedule I

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are:

heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote

Schedule II

Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are:

Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin

Schedule III

Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are:

Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone

Schedule IV

Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are:

Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol

Schedule V

Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are:

cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin

From: https://www.dea.gov/druginfo/ds.shtml

Firearms

Firearms & Firearms Related Evidence

  • Discharged Firearm Components
  • Ammunition
  • Magazines, Holsters, Etc.

In

  • Once items are received at the counter, the submitting officer places the sealed package into a secure, limited access, temporary storage container (mailbox).

  • This mailbox has restricted access:

  • Firearms Vault Personnel

  • Firearms Analysis Unit

  • ECU Firearms Vault Personn...
  • ECU Firearms Vault Personnel recover firearms from the locked mailbox and remove them to the firearms vault.

  • Items are stored in the secured, limited access firearms vault (location change noted in Winace) until:

Court

Subsequent Investigation

Examination/Analysis by the Firearms Unit

Subsequent Investigation

Outside Agency

  • Release to an outside agency could be:

  • A federal Law Enforcement entity (e.g. FBI, ATF, DEA) for an ongoing investigation;

  • The United States Attorney's Office for federal prosecution;

  • Another jurisdiction if the firearm is believed to have been involved in a crime there.

Final Disposition

Disposal/Disposition/Final Disposition is when it has been determined that the BPD no longer needs to maintain custody of the firearm.

  • This determination is not made by ECU personnel.

  • The responsible officer has indicated that retention of the firearm is no longer necessary, or has not responded to status requests from ECU personnel,

  • AND,

  • There is no pending prosecution, or court proceedings have been concluded.

Out

  • Firearms & Firearms related items are only released to:

  • The responsible officer for court;

  • The Firearms Analysis Unit for analysis or re-testing;

  • An outside agency for analysis, or continued investigation/prosecution; or

  • to be disposed of.

Destructions

Destruction Procedures

  • CDS & Firearms

Destructions

Identify

Winace does not have the capability of automatically identifying items that are potentially ready for disposal.

Potential items for destruction, are generally identified for destruction in one of the following ways:

  • Audit of a shelf/storage location;

  • Area of ECU is shown to have items that are several years old; or

  • Disposition authorizing the release is received from the responsible officer.

EDO

Once an item has been potentially identified as possibly disposable ECU sends an EDO to the responsible officer. After reviewing their case, the responsible officer can take one of the following actions:

  • Respond and notify ECU that continued custody of the item is no longer needed, and the item may be disposed of;
  • Respond and notify ECU that continued custody is warranted, and further retention is warranted; or
  • Take no action.
  • If no action is taken AND there is no pending court actions, the item is deemed disposable.

List Report

  • Once items are determined to be disposable, a list report of those items is generated.

  • Using that list report, items are retrieved from their location in ECU and segregated into one secure area with restricted access.
  • Multiple smaller items are placed into large boxes and sealed with tamper evident tape.

  • The change in location and change in status are noted in Winace.
  • Items remain here until they are inspected.

Inspection

Once all items from the list report have been pulled and segregated an external inspection of these items is conducted.

  • The inspection is conducted with personnel from Internal Affairs and the Crime Scene Unit (personnel outside of ECU and the Drug Analysis Unit).

  • Physical items to be destroyed are compared to the list report to ensure accuracy.

  • Items are physically/visually checked to ensure that they are still sealed and have not been tampered with.

Any discrepancies are documented, investigated, and

sent to the Director for appropriate action.

CDS Inspections

CDS Inspections also have an extra step.

  • From the items set for disposal, a random selection of items is made by either inspecting personnel, the Director or designee for re-analysis.

  • The Drug analysis unit reanalyzes the random items to verify that the items have not been altered or tampered with.

Pending Destruction

  • Once all items have been inspected, the boxes are re-sealed with tamper evident tape, and re-segregated in the restricted access location pending destruction.
  • Status and/or location changes are made in Winace.

Actual Destruction

  • ECU Personnel supervise the loading of items to be destroyed onto the designated vehicle.
  • Once items are loaded, ECU personnel, Internal Affairs personnel, and Laboratory personnel, load into vehicles and, escorted by SWAT personnel, travel to the destruction facility.
  • ECU Personnel personally witness the destruction of the sealed boxes of CDS (or the firearms going into the molten metal).

Closing Out

Upon completion of the destruction, the status of the destroyed items is changed to "CLOS" (closed) in Winace - indicating the items are no longer in BPD/ECU custody.

Closing Out

Policies & Integrity

Policy

  • A complete evaluation of Policies 1401 & 1402 was conducted in 2017 to reflect best practices in the field. The revised and combined Policy 1401 was approved and published, effective March 19, 2018.
  • Many changes to the policy including updating:
  • Retention information,
  • The EDO process
  • Workflow between the Forensic Lab and ECU
  • Updated Forms
  • This policy is published on the BPD's website and can be viewed at:

  • www.baltimorepolice.org

Standard Operating Procecures

Standard Operating Procecures

  • SOP's are the guiding procedural documents composed of a set of step-by-step instructions to help workers carry out routine operations, based on best practices in the field. They aim to achieve efficiency, quality output and uniformity of performance, while reducing miscommunication and misunderstanding.

  • A comprehensive organization, modification and creation of ECU's Standard Operating Procedures to reflect best practices in the industry is ongoing.

Integrity

  • A request for personnel files from IAD and HR has been made for integrity purposes.

  • Recently released Policy 1401 reflects that ECU personnel ECU shall take a polygraph examination annually.

  • Currently in contact with appropriate entities to begin scheduling.

Audits/Inventories

  • The last complete audit/inventory of ECU property & Evidence was 10 years ago, at significant expense.

  • A request has been made for a complete Audit and Inventory of ECU.
  • Audit consists of reviewing ECU's policies, procedures, and how personnel are implementing them.
  • Inventory consists of an item by item comparison between physical items and their locations to Winace.

Rolling Inventory

In November of 2017, ECU began conducting a "Rolling Inventory" of items in ECU.

  • A rolling inventory consists of either:
  • Identifying a random storage location in ECU and comparing its physical contents to Winace data; or
  • Identifying a storage location in Winace and comparing the physical contents (items) to the Winace data

Terminology

  • ECU - Evidence Control Unit
  • The property and evidence management section of the Baltimore Police Department.
  • EDO - Electronic Disposition Order
  • A computer generated email to the responsible officer that requests an update of an items' status.
  • Responsible Officer - the Officer of Record (responsible for the case) as indicated by the submitting officer at the time of submission
  • RTC - Return to Claimant
  • Winace - ECU's Evidence Tracking Software
  • Implemented in 1993.

Form 56

This form is created by the submitting officer and indicates who the responsible officer is as well as what property/evicence is being turned over to ECU.

Form 56

Dispo.....

ECU personnel do not make the determine when it is no longer necessary for the BPD to maintain custody of an item. That determination is made by the responsible officer.

The terms: "Disposition," "Disposal," "Disposed of," and "Final Disposition" refer to how items are categorized in Winace, and indicating whether or not ECU can relinquish custody of them.

Example

ECU sends an EDO to the reponsible officer who indicates that it is no longer necessary to continue to maintain custody of the item (it may be disposed of). That item may then be Returned to Claimant (RTC), sold at auction, destroyed, or converted to departmental use. Once the item has been "disposed of," the item is then "Closed" in Winace which locks the items record (no additional entries can be made).

Auctions

When the owner of property that has value cannot be determined or located, those items will be sent to auction.

  • The BPD has a contract with PropertyRoom.com for this service.

  • Once items are sold, the proceeds from the sale are sent to the general fund.

Auctions

Motorcycles

  • Motorcycles are not handled by ECU but by the ????????? Section.
  • Most seizures are of dirtbikes
  • When motorcycles/dirtbikes are recovered:
  • Those that are registered are returned to their owners.
  • Those that are not registered or where the owner cannot be located are sold at auction by Copart/Crash Toys.
  • All of the dirt bikes go to Minnesota or Texas to be sold . No state that touches Maryland is allowed to bid on these dirt bikes to help prevent them from ending back up in the City.

Money

&

Jewelry

Money - all currency, domestic and foreign including checks and money orders.

Jewelry - personal ornaments, such as necklaces, rings, or bracelets, that are made from or contain jewels and/or precious metals.

In

  • Money and Jewelry are received at the counter.
  • Once entered into Winace, the Officer drops the sealed item into the limited access, secured mailbox, to be picked up by Money Vault personnel.

Classification

Currency is classified by ECU Money Vault Personnel into one of three categories. These categories are determined by how the responsible officer submits it to ECU.

  • Narcotic - any money submitted to ECU that is associated with CDS;

  • Gambling - any money submitted to ECU that is associated with gambling; and

  • Special - any money that is submitted to ECU that is not Narcotic or Gambling.

Workflow

  • Simple
  • Complex

Simple

  • Money is:
  • counted by submitting officer and again by ECU Counter Personnel
  • Information is entered into Winace by ECU counter personnel
  • Sealed container is deposited into the ECU Money Mailbox
  • Retrieved from the money mailbox by Money Vault Personnel
  • Deposited weekly

Complex

1

1

2

2

3

3

4

4

Out

  • Currency that goes to the bank is picked up by a contracted armored car service on a regular basis for transport to the bank.

  • The armored car service verifies the funds and makes the deposit.

  • The bank verifies the funds again and sends notice of the verified amount to collections who then notifies ECU.

  • All cases deposited in that transaction are closed out in Winace and documented in the Final Folder.

Final Folder

Final Folder

  • Tear Away Bag # from Dunbar Bag
  • Deposit Receipt
  • Cash Ticket (Pink Copy)
  • Date of Dunbar Pick Up
  • Date of Deposit
  • List Report
  • Daily Breakdown (Spreadsheet Info)
  • Verification of Deposit
  • Copy of letter to BPD Fiscal
  • Includes type of case
  • Narcotic, Gambling, Special