For a number of years our department has routinely allowed various units in the department to sign out adjudicated case evidence and use it for sting operations. These operations may use jewelry to "fence" or drugs to sell to a suspected dealer. I have a new Captain that recently asked about the process and asked if we had a policy that allowed the action. I soon learned that we have no written policy and so advised my boss. The next thing I was tasked with was to develop a policy. Can you provide me with some thoughts on what I should include in the policy.   

Thanks,

I don't have one! 

A  

Dear, I Don't Have One 

 
Don't feel bad; you're not the only agency that does not have one. Let me suggest that you consider some of the following components: 

• Research state law and make sure action is legal.
• Ensure the case from which the property is being used has been adjudicated for all of the suspects. 
• Make sure that all efforts have been made to return the property to the rightful owner.  
• Require the requesting officer to obtain approval from his or her commanding officer via a justification memo.
• Require the Chief / Sheriff or their designed person to also approve the action.
• Store the designated property in a location set aside in the evidence room for sting operations. Drugs should remain in a separate location within their respective vaults or lockers.
• When the item(s) are removed make sure the requesting officer signs the Property Record for the action and include some type of reference for which the item(s) are being used in.  (Case number) 
• Retain a tickler file of the paperwork and ensure the item is returned within an agreed upon time when the sting operation has been concluded.
• The property should be marked with an unique, non-obvious identification mark and a photograph taken before it is used.
• If the item becomes evidence in a new case, it should be booked in as evidence in the new case using the normal procedure.
• If the item is lost during the action, which is always a possibility, it shall be the responsibility of the case officer to document the action to his/her supervisors, who in turn will report the action to the person who gave the final approval for the action.
• A copy of the memo should be attached to the original record to facility a good long-term record.
• In drug cases, some agencies will do both a quantitative and qualitative analysis before and after the action to avoid allegations of improper use or substitution.

Regards,   

Joe Latta 

Executive Director