IAPE Monthly Newsletter

May 2015 - IAPE Monthly Newsletter

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 Contact Us

QUESTION

Hi Joe!

During the IAPE class that I attended in Sioux Falls, SD I saw a form for an arrestee to sign acknowledging that any of his/her property that the department was holding would be disposed of in a timely manner. I have been trying to find that form to use as an example for a form that we want to implement. I looked in forms on the web site and also reviewed the power points in the manual I received in class but cannot find it. Could you help with this?

Al Canter

Property Control Officer

Olathe PD

ANSWER

Al,

Here is the requested form and some thoughts about using same. A number of years ago the California Association for Property and Evidence, Inc. addressed the issue of Safe keeping with the legislature as we had no guidance in how long to hold or what our responsibilities the department had.

One of the most troubling issue we had in property room is the retention of Property for Safekeeping. We make an arrest for the possession of a kilo cocaine. In the suspects pickup truck are 99 items of personal property filing the truck and there is no legal cause to impound the truck. So, the cocaine and 100 items of evidence and safekeeping are booked into the Property Room. The suspect bails out of jail and never appears on his case. The question then becomes how long do I legally have to keep the personal property. In most states we have little guidance and or no one knows.

In California a number of years ago the California Association for Property and Evidence, Inc. found a legislator that sponsored 2080.10 California Civil Code and was shortly thereafter signed in to law. Basically the statutes allows for the law enforcement agencies to give the owner of the property a receipt at the time of booking (similar to below). The form admonishes the owner that they have a specific time to claim or it will be disposed (60 days in Calif). If the department properly notices the owner and they don't claim the department can dispose of the property and the law specifically says the owner cannot file a claim against the department.

With language such as this could your state seek new legislation or could you community author a municipal code or county ordinance be developed.. Just thinking out of the box!

For a sample of the Safekeeping form see the link to the right --->>>>

Regards,

Joe

Headline of the Month

Troy Man Stole Guns and Drugs from Evidence Locker

Posted: Feb 09, 2015

NEWPORT, Vt. -

For the second time since November, stolen items from a police department's evidence room could affect dozens of cases. Monday, police say the Newport Department was the target. Two guns and 52 bags of heroin were stolen from the Newport Police Department evidence locker. It all started Sunday night when officers went to an apartment while investigating a separate incident.

"They encountered the female from the residence who told them there were some evidence bags from the Newport City Police Department that somebody had brought to her residence," Vt. State Police Lt. Kirk Cooper said.

Later, police found the window leading to the evidence locker at the Newport Police Department broken with blood on the floor. Police say surveillance footage showed Mikeal Rivers in and around the evidence locker for more than an hour.

There are several outside entrances to the building that houses the Newport Police Department where police allege Rivers broke into the evidence locker and stole several items.

It's the second time something like this has happened in the last four months; a former Colchester detective allegedly stole guns and drugs from the room he oversaw in November. That department just finished its inventory of missing items."Right now, we're still doing an inventory of the evidence room, so it's undetermined right now how much was taken," said Cooper.