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EVIDENCE LOG MAGAZINE

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April  - 2011
Ask Joe:  
Monthly, IAPE's primary instructor, Joe Latta will answer one of your questions. We would love to hear from you. Submit a question for Joe to answer here, use our Contact form.

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Hey Joe, How Do I Get Rid of It?


Is there anywhere on your website or does any of your training give guide lines on how long to keep property after the case is finished. 

 

Thanks,  Misti From Tennessee 

 

letter A

    

 Misti, From Tennessee.

 

This is a difficult question; each state, and in some cases each county, plays by different rules. Some of the rules may be written into the states statues, and some are just long term practices that are not backed by any authority, but mostly that's the way it's always been done.

As a good rule of thumb, it is necessary to understand the various statutes of limitations for each type of crime that you have evidence. For example, petty thefts, vandalism, criminal mischief, and simple drunk driving are generally  misdemeanors or lesser crimes. Around the country, the statute of limitations for a misdemeanor is typically one year. In some states it may be two or three years. When it comes to burglaries, forgeries and  thefts, they would be considered felony "property crimes" and the statute of limitation may be anywhere from three to five years and in some states longer. More serious "persons" crimes, robberies, rapes kidnapping and assaults may have time limits that range from 5 to 10 years, or more; when there is biological evidence it may be much longer, or forever in some states. The statute of limitations does suggest that you can purge, but the evidence may be eligible for purging with approval of the case investigator, prosecutor, and in some cases the courts.

Another component of a review and subsequent purging system is to ensure there are no arrest warrants for the suspect or case appeals pending. Some agencies will use an "accelerated review" which may be an annual review of all evidence by the  case investigator and prosecutor to determine if the case has been adjudicated, and whether the evidence is any longer required for prosecution.  Another part of the purging problem is evidence from cases that had no suspect, leads or witnesses.  For example the rock in a vandalism, a pry bar at a burglary where there  are no leads, loses, witness, etc.  Can they be purged after the statute expires?  Is the investigating officer willing to authorize the purging of the car bumper in the misdemeanor hit and run before that statute of limitations expires? Policy needs to define processes to follow that proactively review the evidence.     

 

For Additional Information on the topic visit

IAPE Professional Standards

Standard 14 Dispositions for further information on purging and review systems 

 

 

Good Luck, Joe 

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IAPE continues its relationships with valuable and unique resources for our profession. Each month we will introduce  you to companies who offer products and services to improve evidence handling, prodcesses and best practices.
             
Who is Tiffin Metals? 

Tiffin Metal Products is one of North America's largest manufacturers of Evidence and Wardrobe Lockers.  With the introduction of the Airflow Wardrobe Lockers in 2002, Tiffin Metal Products created a durable locker that provides adequate storage space as well as helping to dry body armor. This new personal locker system helps to increase the life of garments and to remove odors by venting them outside.

 

Tiffin is also a supplier of Sidearm/Pistol lockers, evidence lockers, refrigerated lockers, duty bag lockers, coin-operated lockers and mobile storage systems. All law enforcement products sold by the company are branded with the "Sentinel" trademark Go to the Sentinel Locker web site to find a complete array of storage products offered by Tiffin Metal Products.

 

You can also email Andy Duffy for more information.

 
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