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