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Welcome IAPE Newsletter Reader
Greetings!
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| BIOLOGICAL EVIDENCE PRESERVATION HANDBOOK
BEST PRACTICES FOR EVIDENCE HANDLERS(PDF)
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ASK JOE 
Dear Joe,
I have several questions that are related to recovered property releases and insurance company claims.
Q1
The first question has to do with releasing recovered property items back to the owner. When an item is booked into our evidence room, the item is considered "evidence" in the case and cannot be released to the owner unless authorized by the prosecuting attorney per our policy. Sometimes the items are reported stolen one day and located the very next day. Sometimes, the items that were stolen and are now considered "recovered property" and do not make it into evidence, and are released directly to the owner of the property via our Detectives with no evidence paperwork. Do you see any issues with this practice?
A1
Dear, Directly To Owner
Many departments do exactly the same and call it "Recovered", as you do. My thoughts before we get started. If you have property that report as stolen, then recovered isn't it really evidence? Food for thought.
The best practice is to always have the owner or person taking possession of the property to sign a property receipt, that they did receive the property in question. Always consider taking a photograph of any property when the transaction is not conducted at the station.
Hypothetically speaking, let's say a recovered item is released with a signature, and a warrant is issued for the suspect, and who is arrested 7 years later. At this time it's possible that no one involved in the case can remember releasing the item as the officer or detective may have retired and there is no good paper trail. There is no way to factually show the Chain of Custody when its released with paperwork or direct testimony. Testimony is subject to question without a question, especially if department police is not followed to the letter.
What if owner comes back in five years and says he didn't get his or her property and there is no paperwork? What proof is there that it was returned? Could the detective say he returned the property and keep it? What protects the officer/detective from allegations of theft?
Q2 Something else, should I be concerned? We sometimes get a "verbal authorization" from the prosecuting attorney that authorizes the release. A2 Yes, be concerned! Anytime verbal authorization for release or destruction is provided, there is the possibility that someone may challenge why it was released, and the person who verbally approved the release may renege on their consent. Always protect yourself and the department - get it in writing; and yes, an email is fine! Q3 I was wondering how other agencies deal with receiving letters from insurance agencies stating they have paid a claim on a case where items were stolen. The letter will list the items that the owners were compensated for and the claim was paid. The insurance company also asks to be notified if any of the property is located in the future since the insurance company is now the legal owner of the property. My concern and questions is, we have had people request items (stolen/recovered) be returned and fail to mention they have filed an insurance claim. The insurance letter arrives after the items have been released. Is this something that our office could be held liable for and/or is there a better way to handle the insurance claim letters than we are now? A3 Dear, Directly To Owner I might suggest that any time you release property to anyone, that you have them sign a Perjury Statement that they are the rightful owner (See Exhibit Below). I personally don't see any liability for the department if the letter arrives after the release. If the owner is trying to scam the system, he/she may think twice when you have them sign the Perjury Statement. You could also have them sign on the same form that they have not been compensated for any of the items being returned. Property Release Form - Perjury Statement 
Hope this give you some guidance Regards, Joe Latta Executive Director
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FEATURE
EVIDENCE
LOG MAGAZINE
Past Issues
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2009
Online 1993 - 2009
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We have noticed many of our classes filling up quickly. If you cannot sign up for the class you want, or a class is not near your city, you can now take the Online Video Class.
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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, processes and best practices.
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