Disposition of Evidence and Property

PURPOSE

This Bureau Order provides members with the information and guidance related to the "hold" and "disposal" process of property held at the Property Control Division (PCD).

DEFINITIONS

Dispose - Property associated with an incident is to be vacated from PCD custody: (1) released to the legal owner, legal owner's designee, other agency, or another investigating officer, or (2) disposed of.

Found Property - Non-evidentiary property in the custody of PCD that has been determined to be lost or abandoned and has no known connection to a criminal offense. Found property will be held for 90 days by PCD.

Hold - Property associated to an incident that is to remain in possession of PCD. (This is not an indefinite hold).

Member - For purposes of this Order, the investigator assigned to conduct follow up investigation of an incident.

Part One Evidence (Assigned) - Evidence pertaining to an incident that has been assigned for follow up. Property for Safe Keeping should be treated the same as Part One Evidence.

Part Two Evidence (Unassigned) - Evidence pertaining to an incident that has NOT been assigned for follow up.

Property - Any item that came into SFPD custody and has been booked into SFPD custody. This includes all items of evidence, items taken for safekeeping, and found property.

Property Transfer - For purposes of this Order, the administrative and/or physical change of care/custody responsibilities of property from one unit to another.

ORDER

Case assigned members are responsible for ensuring they have completed a thorough review of all cases assigned to them and are responsible for the final disposition of the item(s) held at PCD.

Immediately following the adjudication, clearance, or dismissal of a criminal case the assigned member shall ensure that all evidence related to the case is properly disposed of. If a member determines that evidence must be retained, the member must place a hold on the item and clearly articulate the reason. All other evidence will follow the retention schedule below.

PROCEDURE

Generally

EvidenceOnQ maintains the digital chain of custody of all items booked into PCD with audit capabilities. Changes to information related to an item at PCD must be made through the REQUEST option. All changes are digitally logged and only PCD has authority to make edits after reports are signed-off in Crime Data Warehouse (CDW).

The OIC of an investigative unit (or designee) shall be responsible for assigning the case to a member via CDW and EvidenceOnQ. If the assigned member is transferred to another assignment, promoted, or no longer employed by the SFPD, the investigative unit OIC shall reassign the case in EvidenceOnQ.

• Once the case is located in EvidenceOnQ, OIC will use the checkbox to select all items and then select "Request"
• In the "Deliver To:" drop-box field, OIC will select, "03 - REQUEST FOR DATA CORRECTION" 
• In the "Reason" text box, enter the newly assigned member's name: example, "Reassigned case to Sgt. Snuffy"
• PCD will make the requested edits in EvidenceOnQ and will be logged in the audit log.

The assigned member should identify all booked items in the case and verify them against the PCD inventory.

If transfer of the case is required from one investigative unit to another, all evidence related to the case shall be transferred to the care/custody of the newly assigned investigative unit. See procedures below.

Upon the adjudication, clearance, or dismissal of a case, it is the responsibility of the assigned member to determine the disposition of all evidence. The member shall submit a request through EvidenceOnQ updating the field to assign a Hold or Dispose of all evidence. Members will articulate a reason for placing a Hold.

If a case has NOT been adjudicated, cleared, or dismissed within twelve (12) months of the initial booking date of evidence, EvidenceOnQ will send an automated email to the assigned member advising to either Hold or Dispose of the evidence. Note: exemptions exist for cases with no statute of limitations.

Property Transfer Between Investigative Units

When a case is reassigned between investigative units, PCD will complete the updates once the request has been submitted. As always, the audit trail will be permanently documented within EvidenceOnQ.

1. Transferring Unit - In EvidenceOnQ, include the following information:
   • For each item, update "offense box" and "category box" to the appropriate crime (e.g. aggravated assault to homicide, robbery to GTF, etc.). *NOTE: EvidenceOnQ automatically fills in the "Assigned investigator" field with the name of an investigator of the receiving unit.
   • Submit "Request: 03 - REQUEST FOR DATA CORRECTION" and in the "Reason" box, indicate the name of the original investigator that had been assigned to the case the new receiving investigatory unit.
   • Once the request is submitted, PCD will make the updates in the EvidenceOnQ system.
2. Receiving unit - Receiving unit's OIC (or designee) will update CDW and:
   • Verify that property was updated in EvidenceOnQ for the case
   • Submit "Request: 03 - REQUEST FOR DATA CORRECTION" and in the "Reason" box, indicate the name of the newly assigned investigator for the case. 
   • Member assigned to the investigation should verify all the property was transferred for the case.

If the property transfer was not completed via EvidenceOnQ, members will respond to PCD and book the property into PCD to maintain the digital chain of custody. Members can then "checkout" the property if needed.

Requesting A Hold

When a member determines an item of evidence needs to be held:

1. Place a "Request" to "Hold" on the item in EvidenceOnQ.
2. Provide a "Reason" for the "Hold" in the text box.

Hold Review

Evidence placed on "Hold" will be held for 12 months. After 12 months, an email will be sent asking if the "Hold" is still necessary. If the assigned member determines that the hold is still necessary, they shall refresh the "Reason" for the "Hold".

Exceptions to Holds and Dispose

Homicide/death or sexual assault investigations (involving DNA evidence) are exempt from determining "Holds and Dispose" provided the following have been completed by the assigned member/unit:

• Verify in EvidenceOnQ that the property is properly identified as an exempt crime in the "Offense Box" and "Category Box."
• An initial hold was placed on the evidence by the assigned member prior to the 12-month mark of the evidence being booked.
• If edits must be made, members can submit request for the edits via EvidenceOnQ, using the "Request" function.

Final Disposition (Disposal or Release)

Upon the adjudication, clearance, or dismissal of a criminal case, the assigned member should submit a final disposition for the evidence related to the incident. Using the "Request" function, the assigned member must choose one of the following options:

• Release to Owner
• Release to Other (Anyone with authorization from the legal owner to receive their property)
• Release to Other Agency
• Release to Investigating Officer
• Disposal Authorized

When a member makes a Release request, in the "Reasons" text box, they should enter the name and driver's license /ID number of the person authorized to receive the property. Members should also make a selection in the "Additional Details" drop-box, as appropriate.

If the assigned member chooses to return the property to the legal owner, it is the member's responsibility to contact the owner. The Department has a legal obligation to give a 15 day notice either via telephone call, email, or mail before disposal (California Penal Code Section 1413)

The suggested practice is for the member to utilize EvidenceOnQ to generate a form letter (which is also logged in the audit log):

• Select the specific item or all items of evidence using the check-box
• In the black-band area above the property, in the drop-box located next to "Print PDF," select, "Notice to Potential Owner-investigator"
• Select formatting for the letter as either "Print PDF" or "Print Word", and you will navigate to a new page
• Enter Unit in the drop-box and select "View Report"
• The letter will be generated in the requested format and is available in your web browser's Download list.
• Mail the letter to the ownner

As applicable and prior to disposal, members are reminded to confirm with the prosecuting District Attorney the existence of any Orders of the Court or case appeals in regards to property.

Release Requests from Outside Agencies

Outside agencies may request the release of an item of evidence. Authorization for the release must be approved by the assigned member. It is the responsibility of the assigned member to submit release approval through EvidenceOnQ. The assigned member may be required to be present when the outside agency collects the evidence.

Outside agencies accessing evidence shall complete the following forms and submit them to PCD:

• Counter Inspections: Property Control Division Request Form (SFPD 250).
• Booking evidence/property into PCD: San Francisco Police Department Property Transfer Receipt Form (SFPD 361).
• Evidence/property being retained in a case file or released to owner: San Francisco Police Department Property Release Form (SFPD 158).

Releasing Property

When an assigned member permanently releases evidence, PCD will fulfill the request by processing the release to the legal owner, authorized person, or other agency. The released evidence will not be returned to PCD for any reason.

Members releasing property shall direct the legal owner to contact PCD in advance to make arrangements to collect the released item(s). Members must inform legal owners that the property is to be collected within 15 days of release, and the owner will need to present a valid photo ID when collecting property.

Specialty Property

Certain evidence requires special conditions to complete their release. These items are as follows:

• US Currency: Release of US currency over $1,000 requires the member to make an appointment with PCD and to be present with the legal owner to count the US currency being released.
• Firearms, Ammunition, and Ammunition Feeding Devices: members shall:
  • Determine whether the firearm is of ongoing investigative or evidentiary value to an SFPD case.
  • Verify that the owner of the firearm has obtained a certified California DOJ eligibility letter that is valid (within 30 days of issuance) and related to the specific firearm(s) being released.
  • Conduct the additional checks required by California law (the requisite information is recorded in AFIS - firearm is in the person's name and not listed as stolen) (Pen. Code § 33855), and by SFPD policy (the person has no new preclusions that have been entered since issuance of the CA DOJ eligibility certification).
  • After completing the above verification, the investigator will:
    • Schedule a release appointment with the legal owner and PCD
    • Conduct the release of firearm form at PCD, ensuring proper documentation and retention of paperwork including the CA DOJ eligibility letter.
  • If the legal owner is seeking release of a firearm and ammunition, the assigned investigator must plan for two separate appointments on different days. PCD will not release firearm and ammunition on the same day, no exceptions.
  • When releasing a firearm, the investigator shall personally escort the owner out of the Hall of Justice.
• Non-Evidence, Legal Marijuana: There is no requirement for a court order or an investigator's authorization to release non-evidence, legal marijuana. PCD will release non-evidence, legal marijuana to its owner directly upon request and in the absence of requests, will destroy it according to law.

EvidenceOnQ Retention Alert System

• Part One Evidence: If a case has NOT been adjudicated, cleared, or dismissed within 12 months of the initial booking date, EvidenceOnQ will send an automated email to the assigned member advising to either hold or dispose of the evidence.
  • When the member receives the email, the member shall update/designate whether items are to be held or disposed of. The member will have 30 days from the first email notification to provide an updated disposition for the evidence. If the member has not updated a disposition after the 23rd day, an automated email be sent to the member daily for (7) days. After the seventh day, an email notification will be sent to the investigative unit OIC. If no actions have been taken after the OIC's notification, then an automatic email notification will be sent to the Commanding Officer and Bureau Chief of the unit.
• Part Two Evidence: All other evidence that is not attached to an assigned investigator will follow the retention schedule below. 

Property Release Inquiries

Members of the public requesting information regarding the release of property should be referred to the assigned investigator or the appropriate investigative unit. If a case has not been assigned, the member of the public should be referred to the Investigations Bureau. Members of the public should NOT be referred to PCD, Legal, or Court Liaison. 

Compliance Audits

SFPD investigations units, with the help of PCD, will conduct bi-annual compliance audits to ensure they are following the requirements of the "Hold or Dispose" policies. 

Failure to follow this order may result in administrative review and potential corrective action.

Statute of Limitations/Retention Schedule