Shasta County Law Enforcement Evidence Retention Policy

Policy

802

Shasta County Sheriff's Office

Shasta County SD Policy Manual

Published with permission by Shasta County Sheriff's Office

Shasta County Law Enforcement Evidence

Retention Policy - 1

Shasta County Law Enforcement Evidence

Retention Policy

802.1 CRITERIA BASED ON CASE STATUS

802.1.1 CASE NOT SUBMITED TO THE DISTRICT ATTORNEY'S OFFICE

For any cases not submitted to the District Attorney because a suspect was never identified and no

further investigation can be done or if there are identified suspect(s) but no corroborating evidence,

all property can be purged at the statute of limitations (listed in Attachment 1) unless the case

falls under the exceptions listed in Sections 2 and 3 of this document (Criteria Based on Case

and Property Type sections).

802.1.2 CASE SUBMITED TO DISTRICT ATTORNEY'S OFFICE, PROSECUTION

DECLINED

The District Attorney's Office notifies the agency by way of a "Complaint Filing Declination (JUS

8715) form that a case has been declined due to a variety of other reasons, such as insufficient

evidence or interest of justice. The returned declination will specifically state the reason for the

declination. Once a "Complaint Filing Declination" form has been received, the case agent will

notify the property section if they do not plan to re-submit the case to the District Attorney.

The District Attorney will not move forward with the case unless the case agent submits further

information.

802.1.3 CASE SUBMITTED TO DISTRICT ATTORNEY'S OFFICE, FILED, DEFENDANT

FAILS TO APPEAR, BENCH WARRANT

When a case has been filed and the defendant has an outstanding warrant, whether an arrest

warrant or bench warrant for failing to appear in court, then all property should be held until

the suspect is apprehended or the case is dismissed and the warrant is recalled. If the case is

dismissed, the District Attorney's Office will issue an Evidence Release Memo stating the reason

for dismissal. See footnote 1 below for further information. EXCEPTION: Most misdemeanor cases

may be purged after 7 years regardless of the defendant's warrant status. See Attachment 2 for

a list of misdemeanor cases for which the property must be retained after 7 years where there

is an active warrant.

802.1.4 CASE SUBMITTED TO DISTRICT ATTORNEY'S OFFICE, FILED, RESOLVED BY

PLEA

For cases filed by the District Attorney which are resolved by defendant pleading guilty or no

contest, the DA's Office will send an Evidence Release memo to the investigating agency after

the case has been finally adjudicated and the defendant has been sentenced2. EXCEPTION: In

any case where there is a plea to a charge of PC § 187 or any other charge resulting in a life

sentence, an Evidence Release memo will not be sent until the defendant is deceased or released

from prison and on parole. If the defendant dies while in custody, this information may come to

either the District Attorney or the local agency. Once this information is received, it is important

Shasta County Sheriff's Office

Shasta County SD Policy Manual

Shasta County Law Enforcement Evidence Retention Policy

Published with permission by Shasta County Sheriff's Office

Shasta County Law Enforcement Evidence

Retention Policy - 2

that both are made aware of this information. Therefore, always ensure the other party involved

has been contacted and is aware of the status. Once the defendant has been released from

prison or is deceased, the property can be purged. In order to check on the status of a particular

inmate, contact Redding Parole. They will be able to provide you with parole status or a deceased

notification. In cases where there are multiple defendants, this procedure pertains to all of them.

802.1.5 CASE SUBMITTED TO DISTRICT ATTORNEY'S OFFICE, FILED, DEFENDANT

CONVICTED AT TRIAL

If convicted at trial, either by jury or judge (in the case of a court trial), evidence shall be held for

60 days on misdemeanors and 90 days on felonies for possible appeals. This time is based on the

date of sentencing, and is for those cases in which an Evidence Release memo is received from

the DA's Office. Property section managers should check back with the District Attorney's Office to

ascertain whether a Notice of Appeal has been filed within the statutory time limit. EXCEPTION: In

any case where the defendant is convicted of a charge of PC § 187 or any other charge resulting

in a life sentence, an Evidence Release memo will not be sent until the defendant is deceased

or released from prison and is on parole. If the defendant dies while in custody, this information

may come to either the District Attorney or the local agency. Once this information is received, it is

important that both are made aware of this information. Therefore, always ensure the other party

involved has been contacted and is aware of the status. Once the defendant has been released

from prison or is deceased, the property can be purged. In order to check on the status of a

particular inmate, contact Redding Parole. They will be able to provide you with parole status or

a deceased notification. In cases where there are multiple defendants, this procedure pertains

to all of them.

802.1.6 CASE SUBMITTED TO DISTRICT ATTORNEY'S OFFICE, FILED, DISMISSED

The District Attorney's Office will send an Evidence Release memo for cases that are dismissed

due to lack of sufficient evidence, in the interest of justice, or as a result of a negotiated disposition

involving multiple cases. These evidence releases shall state the reason for the dismissal.

EXCEPTION: No Evidence Release memo will be sent in felony matters dismissed for tactical

reasons, where the District Attorney intends to re-file the case. Once an Evidence Release memo

has been received, the property section will verify the case status with the case agent prior

to disposal of property. In felony cases, if the case agent develops or intends to develop new

evidence and resubmit the case, he or she may do so, however the District Attorney will not move

forward with the case unless the case agent has further information.

802.1.7 CASE SUBMITTED TO DISTRICT ATTORNEY'S OFFICE, FILED, DEFENDANT

DIVERTED

All evidence seized in criminal cases that result in diversion pursuant to PC § 1000 (narcotics) or

PC § 1001.20, et.seq. (misdemeanors, defendant developmentally disabled) will be maintained

until the defendant completes their diversion process. Once diversion is successfully completed,

the DA's office will send an Evidence Release memo to the investigating agency. If the suspect

fails to complete diversion, the evidence will remain active.

Shasta County Sheriff's Office

Shasta County SD Policy Manual

Shasta County Law Enforcement Evidence Retention Policy

Published with permission by Shasta County Sheriff's Office

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Retention Policy - 3

802.2 CRITERIA BASED ON CASE TYPE

802.2.1 JUVENILE CASES

The District Attorney's Office will send an Evidence Release memo on juvenile cases based on

case adjudication. Property may be purged upon receiving these releases. If for some reason an

Evidence Release memo is not received, the investigating agency may purge the property once

the case shows closed in PUBSAFE (Public Safety Systems).

For cases without a suspect, property may be purged based on statute of limitations (see

Attachment 1).

802.2.2 SEXUAL ASSAULT CASES

Due to the special circumstances of child sexual assaults, evidence collected during the

investigation of a child sexual assault case shall be retained for 75 years after the disposition of

the case, even if there is no prosecution, pursuant to Penal Code section 290.08.

For adult sexual assault cases Penal Code section 290.08 requires the District Attorney's Office

to retain records relating to a person convicted of an offense for which registration is required

pursuant to Penal Code section 290 for a period of 75 years after disposition of the case. Therefore,

no evidence should be released without prior approval by the District Attorney's Office in cases

where the defendant was ordered to register under Penal Code section 290.

For the retention of any DNA evidence, refer to the DNA portion in the Criteria Based on Evidence

Type section of this document. All property, other than photos and interviews, may be purged

once the Evidence Release memo is received from the District Attorney's Office.

802.2.3 DOMESTIC VIOLENCE, ELDER ABUSE, AND CHILD PHYSICAL ABUSE CASES

All photos and interviews shall be maintained for a period of ten (10) years from the date of

incident on all domestic violence/elder abuse/child physical abuse convictions. This is pursuant

to Evidence Code § 1109, which permits all prior convictions of such crimes to be admissible for

future cases. This allows the District Attorney to show a pattern of behavior by the defendant to

include motive, intent, and opportunity.

All property, other than photos and interviews, may be purged once the Evidence Release memo

is received from the District Attorney's Office.

802.2.4 HOMICIDE CASES

For cases in which the defendant(s) is convicted, all evidence and records shall be maintained

until the defendant(s) is deceased or released from prison and is on parole. This includes juvenile

defendants.

For unsolved homicide cases, all evidence and records shall be maintained indefinitely.

Shasta County Sheriff's Office

Shasta County SD Policy Manual

Shasta County Law Enforcement Evidence Retention Policy

Published with permission by Shasta County Sheriff's Office

Shasta County Law Enforcement Evidence

Retention Policy - 4

802.2.5 OFFICE INVOLVED SHOOTING CASES - NO PROSECUTION

For cases in which the suspect(s) is deceased and the District Attorney's Office has declined to

file charges, evidence will be retained for a period of 5 years unless an evidence release by the

DA's Office stating otherwise has been received.

802.3 CRITERIA BASED ON PROPERTY TYPE

802.3.1 CONTROLLED SUBSTANCES

Even though the District Attorney will issue an Evidence Release memo on narcotics cases, a

court order pursuant to HS § 11473, 11473.5 and/or 11474 is required. A sample of a "blanket"

HS § 11473 Order is contained in Attachment 3 of this document.

All agencies are authorized to destroy all needles/syringes/glass smoking pipes taken as evidence

of Business and Professions Code Section 4140 and Health and Safety Code Section 11364

after the seizing officer photographs the item and identifies the same with the agency case

number. Hypodermic syringes containing suspected controlled substances are subject to the

same procedure with the addition that the contents shall be collected in a vial for storage and sent

to DOJ for testing if requested by the prosecutor.

802.3.2 DNA AND BIOLOGICAL EVIDENCE

DNA evidence used to convict must be maintained until the defendant is released from prison,

unless authorized by the District Attorney. The defendant has the right to have the DNA evidence

retested at any point in time during their incarceration. However, if the proper documents have

been signed by the defendant, the defense attorney, the District Attorney, and the judge, all

property can be purged after conviction. This documentation would accompany any evidence

release memo sent by the District Attorney.

Each agency shall be held responsible for the retention of evidence when there is a John Doe

warrant issued based on DNA. The agency shall verify status of any potential warrants prior to

the disposal of DNA evidence at the statute of limitations.

802.3.3 FIREARMS

The District Attorney will request and forward to the investigating agency an order pursuant to

PC § 12028 for the disposition or destruction of any firearm used in a criminal case for which a

conviction is obtained. This order will accompany the Evidence Release memo.

Firearms taken in cases in which there is an arrest or bench warrant, can be purged after one

year on possession cases only. Law Enforcement must document and photograph the firearm

thoroughly, but can purge it as abandoned property after one year.

802.3.4 CURRENCY

Any currency taken into the custody of local law enforcement agencies (CAL-MMET, SINTF or

SCSO MET) as part of a narcotics sales case will be handled by the respective agency. CAL-

MMET handles collected currency for CAL-MMET and SCSO MET. SINTF handles currency from

their own cases only.

Shasta County Sheriff's Office

Shasta County SD Policy Manual

Shasta County Law Enforcement Evidence Retention Policy

Published with permission by Shasta County Sheriff's Office

Shasta County Law Enforcement Evidence

Retention Policy - 5

In embezzlement cases, the money may be returned to the victim upon case adjudication. The

DA's Office will send an Evidence Release memo to the investigating agency after the case has

been finally adjudicated and the defendant has been sentenced2. If the victim has filed a claim

with their insurance company and received compensation, the money should still be released to

the victim, absent a court order directing otherwise. This avoids putting your agency in the middle

of any dispute between the victim and their insurance carrier.

802.3.5 STOLEN/RECOVERED PROPERTY

With the exception of firearms or other items which are illegal to possess, stolen/recovered

items should be photographed and released to the victim/owner. There is no need to maintain

stolen/recovered property as evidence. Proper documentation (which includes obtaining and

photographing the serial numbers) and photographing of all evidence must occur prior to the

release of any property. These photos should include the victim with the items to be returned.

The victim must also be informed to maintain possession of this property until the criminal case

is adjudicated, in case it is needed for prosecution.

802.4 CRITERIA BASED ON METHOD OF SEIZURE

802.4.1 PROPERTY TAKEN BY SEARCH WARRANT

Property taken by search warrant is held by the investigative agency at the direction of, and under

the control of, the court. An investigating agency holds the property per PC § 1536.3

All evidence taken as part of a search warrant must have a court order pursuant to PC § 1536

prior to the return or purging of any property. If the original warrant service included a return order,

the property can be released by an evidence memo issued by the District Attorney upon case

adjudication. Attachment 4 is a sample of an order per PC § 1536 for the return of property. If the

return order does not allow for return or purge of the seized property, the DA will request a court

order for release of the property at the conclusion of the case.

NOTE: With respect to the exceptions noted in Section 3, if for some reason an Evidence Release

memo was never sent after a criminal case was declined, dismissed, or adjudicated and the statute

of limitations have expired, the property may be purged without further notice by DA's Office.