Happy Holidays from the CA Attorney General

This holiday season, law enforcement agencies received a gift from the CA Attorney General: a new eCrimes Unit. Targeting technology crimes, this unit cracks down on identity theft, computer theft, intellectual property crimes, and child exploitation. Read more here.

Pennsylvania Man Asks Officer: "Can I Have My Weed Back?"

A defense attorney's argument that a bag of marijuana uncovered during a Pennsylvania traffic stop could have belonged to a man other than his client has unraveled after the arresting officer recalled the suspect asking him: "Can I have my weed back?"

While it appears unlikely that the subject mentioned in this recent news article will get his “weed back”, he is not the only one confused about marijuana.

Make no mistake: federal law prohibits the use and cultivation of marijuana.  Certain states, including California, however, have successfully passed legislation that provides citizens with access to possessing “legalized” medicinal marijuana.  

Some agencies are complying fully with federal law while others have required the possessor to present a valid court order prior to releasing any confiscated medicinal marijuana, as defined in the California Health and Safety code. Confusion continues to prevail on this topic; as the evidence custodian, there’s little you can do to change that. Here are some safe routes to take:

• Follow your department policy at all times;
• Safeguard your health; ensure that your narcotics vault is equipped with proper ventilation;
• Confirm you are following current packaging guidelines.

Read more about it…

www.fda.gov  Cached - SimilarYou +1'd this publicly. Undo

www.leginfo.ca.gov/calaw.html

www.cdph.ca.gov/programs/mmp

There's a Reason for Your Digital Media Policy

Every agency should have a policy for digital media. The tragic details of one family’s nightmare when accident scene photos of their teen daughter were leaked to the internet serves as our vivid reminder.

Any well-crafted policy will govern:

• Downloading and archiving all digital media, including still, audio and video;
• Retrieving media for review for follow-up and/or report writing;
• Department equipment use and maintenance, including settings;
• Verification of file size before and after downloading media;
• Documentation and photographer;
• Saving, altering, deleting;
• Approved and acceptable formats for district attorney;
• Proprietary media;
• Duplication and release; 
• Fee schedule;
• Storage, retention, and disposal.

That this family continues to suffer through their tragedy should press all those responsible for collecting, retaining and distributing photos for evidentiary value to follow their agency’s digital media policy.

Post Office Opens with a Bang

This past week the San Jose police department Bomb Squad was called out to investigate a package dropped into a U.S. Post Office mailbox, by a “masked man” who quickly departed the scene.  It brings to mind the importance of using extreme caution when handling any evidence that could be potentially harmful:

Explosives that are known or suspected to be armed or live, other than fixed ammunition, must not be retained in the police facility. The first responders must contact the appropriate department (refer to your department’s Policy Manual) to request direction while at the scene.

The following list of explosive devices are often considered “Safe and Sane”, however, they are deemed Illegal Explosives by the Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms. Consequently, they are hazardous and should not be handled by department personnel.

Explosive Device	Average Size and Load	Risk Factor
M-80	5/8 diameter, 1 ½” long,  120z. explosive mixture	Damage to fingers, hands and eyes.
M-100 Silver Salute	1” diameter, 21/2” long, .33 oz. explosive mixture	Severe damage to face, arms and body.
M-250	1” diameter, 3” long, .480z. explosive mixture	Severe crippling, disfiguring injuries.
M-1000	1” diameter, 6” long, .97 oz. explosive mixture	Extremely severe injuries to body, has caused death.

The FBI emphasizes the importance of caution and professionalism in evidence, and recently dedicated a memorial honoring bomb squad professionals who died in the line of duty. The memorial, located at the Redstone Arsenal in Huntsville, AL, honors “the lives and the dedicated work of 13 extraordinary individuals… who did what many think of as the unthinkable—they walked straight into the face of danger in order to protect each of us.” Between 1909 – 2001, these Americans died to protect others and their country. For their ultimate sacrifice, I am eternally grateful. Read more here.

Cell Phones and You

If you’re wondering what the veto of Senate Bill 914 means to you in the property and evidence room, wonder no more! California law now allows warrantless searches of an arrested person's cell phone and access to all data stored in it.

You will likely continue to receive those cell phones as evidence and will need to:

• Always follow your established policies, guidelines and procedures;
• Enter the serialized property into the Automated Property System;
• Ensure a “Notice of Rights and Property Receipt” was issued at the time of confiscation;
• Store them properly until case adjudication or authorized release;
• Return to rightful owner at the close of the case;
• Remember, “smart” phones need to be destroyed if unclaimed. They carry far too much confidential information to be recycled. Protect yourself and your agency and dispose of them properly. 

Thankful for DNA Evidence

This Thanksgiving, four young men in Illinois have something big to be thankful for: their freedom. On November 16, a Chicago judge overturned the convictions set when the men were teens. They’ve spent years in prison, and DNA proves they didn’t commit the crime.

Since 1989, there have been 280 post-conviction DNA exonerations in the United States. Nine of these were in California. Decades upon decades of lives have been lost based on various faults, including improperly handled or identified evidence: the second-greatest contributor to wrongful convictions.

Those of us handling property and evidence for our departments or institutions can help to end this madness by following all protocol and taking our jobs with seriousness, professionalism, and precaution. Together we can contribute to end this tragic cycle. For more information, read the in-depth overview on the Innocence Project website.  

“Open Carry” Shot Down!

Here are two recent firearm laws signed by Governor Brown. The long gun Dealer Record of Sale (or DROS system) is certainly of interest to those of us in the property and evidence world.

News Releases - Brady Campaign to Prevent Gun ViolenceCached - Similar

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California Brady Campaign Applauds Governor for Signing Two Key Gun Bills ... The Governor signed AB 144 by Assembly Member Anthony Portantino (D-La ... in state law that required the destruction of long gun sales and transfer records....

http://www.bradycampaign.org/media/press/view/1442/

Momentous Changes for Firearms and Other Deadly Weapons

When we ring in the new year of 2012, we’re also ringing in new provisions of the penal code relating to firearms and other deadly weapons. These “provisions of the Penal Code” are renumbered without substantial change. What does this mean to your department? Before January 1, you’ll need to make a time and money investment in:

• publicizing the changes
• updating your records management software and/or publishing new forms
• providing updates and training for all department members.

A costly change in these tough economic times! For more information, see http://ag.ca.gov/firearms/infobuls/2010-BOF-05.pdf.

Court to Review Law on DNA Sampling of Arrestees

SAN FRANCISCO -- The California state Supreme Court will decide whether police can take DNA samples from anyone arrested for a felony in California, setting aside a San Francisco appellate court's ruling that found the collection violates the constitutional right of privacy. Continued here….(SFGate, October 21, 2011)

You can find additional information on POST Conviction DNA on the California Attorney General's website. Take time to read this most important information.

Safe and Sane Fireworks Disposal

The California State Fire Marshall is available to collect and dispose of fireworks. Any agency wishing to use their services should contact them at 1-888-399-3632 or visit the State Fire Marshall’s website:
http://osfm.fire.ca.gov/

Is crime a virus or a beast?

When describing crime, this Stanford study shows how the word you pick can frame the debate on how to fight it.
http://news.stanford.edu/news/2011/february/metaphors-crime-study-022311.html