Ask Joe!

Each month, IAPE's primary instructor, Joe Latta, answers one of your questions. Consider writing us if you have a question that needs an answer. We would love to hear from you.

To submit a question for Joe to answer here, use our Contact Us page.

Question:

Dear Joe, 

I attended the IAPE Evidence Management class hosted by the Ft. Worth Police Department in April of this year.  Since I was newly transferred to our department's property room, I found the class was most informative and educational.

A Fire Department Inspector recently came through our Property Room to conduct an inspection. Although this inspector was only doing his job, he insisted that our Property Room must abide by the rules like everybody else.

The Inspector insisted that we must be in

Knox Box

complete compliance with fire safety ordinances in our county. Specifically, the Inspector stated that we must place a key to open the fire exit doors of the Property Room inside 911 key boxes (also known as Knox Boxes as shown)located on the outside of the three doors to this facility.  I would like to know the best practice(s) regarding this matter, in the Property Room.

Thanks in advance for your cooperation and attention. 

Answer:

Dear Key Guy,

In my personal opinion, if the Fire Department has a key, could a defense attorney argue that someone could enter and tamper with evidence in the room without the police department's knowledge?  If the answer is yes, then no potential access should be permitted. 

Furthermore, if evidence was ever found to be missing or had been tampered with, all Fire Department personnel with potential access should be included in the internal investigation.

The police department that I worked for 30 years, each patrol car had a Knox Box Key as you described that allowed access to a key that opened the protected structure.  It was inevitable that keys were lost or they could potentially be copied without permission by a friendly locksmith. 

I do know that the Fire Department could always make forcible entry in the event of a true emergency. Firefighters generally have access to the Jaws of Life, circular saws, pry bars, etc. to gain entry.

In some the cases the topic can become a political issue and become a struggle between two governmental entities. If that's the case, then the discussion needs to be made at a higher lever of the department's management.

Perhaps if the fire official was told their employees could be implicated in a subsequent theft or criminal investigation, the tone of the discussion might change.

If this reasoning does not work, perhaps the law enforcement community needs to seek legislative relief to make the Unit exempt. If none of these work I would encourage the department to install  audible alarms on the evidence room that could act as a deterrent

Joe Latta

Executive Director