Ask Joe...Whenever you find yourself pondering over property and evidence room queries, fret not! Simply turn to the knowledgeable and experienced Joe Latta, IAPE's primary instructor and Executive Director. Each month, Joe graciously shares his wisdom by addressing one of your burning questions. Feel free to submit your own inquiry to Joe and tap into his wealth of expertise. Embrace the opportunity to enhance your understanding and streamline your property and evidence management processes. Ask Joe

Dear Joe,



I am a new civilian evidence custodian in a rural department in North Dakota. Recently, a citizen came to the counter to retrieve a firearm and during the transaction, they repeatedly asked me about red flag laws. As a new employee, I was not familiar with these laws and reached out to several officers on duty at the time but they were not able to provide clear information.

As the evidence officer responsible for handling firearms, I want to ensure I have the necessary knowledge about red flag laws,  applicable, and understand any related procedures I need to follow. Could you please clarify whether these laws are something I will need to address in my role and, if so, provide any resources or training that might help me get up to speed?

Sincerely,

Renee Kanew

Evidence Custodian

Dear Renee,



First of all, I am providing you a list of states that currently have Red Flag Laws on the books. If you find your state, it behooves you to check state laws or check with legal counsel. Secondly, I will provide you with an overview of Red Flag Laws.

The essence of Red Flag laws is straightforward: if someone witnesses or hears something concerning that suggests another person could pose a threat, they are encouraged to notify law enforcement. Law enforcement can then utilize Red Flag laws to temporarily restrict that individual's access to firearms or other weapons. However, this process often circumvents traditional due process protections.

Typically, before law enforcement seizes a person’s property, judicial steps must occur. For instance, when someone is accused of a crime, they have the right to face their accuser, review the evidence against them, and have a jury trial. None of these safeguards necessarily apply here. Instead, government officials can proceed independently, often without the individual’s knowledge or participation to determine if certain criteria are met. If so, the person may lose the legal right to possess firearms for a period ranging from six months to a year or even longer depending on the circumstances.

It’s important to note that the specifics of red flag laws—such as the duration of firearm restrictions—vary from state to state.

Thank you,

Joe Latta

Executive Director

International Association for Property and Evidence

Training

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We offer dozens of classes per year across the U.S. and Canada, taught by current and former law enforcement officials with extensive real-world experience in management of property and evidence. This two-day course is ideal for those responsible for, or actively involved in, the operation, supervision or management of a Property and Evidence Unit. All training topics address best business practices and professional standards.

Evidence Management Training Classes

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Can't Travel? Need Training Now?

The online course option is a great choice if you want the same curriculum taught in the Live classes but without the travel and time away from the department. The IAPE Property and Evidence Management video Course is approximately 16 hours in length and was prepared by Law Enforcement Personnel for Law Enforcement personnel. Completion of the course meets the training requirements for becoming a Certified Property and Evidence Specialist (CPES).

For information about the Property and Evidence Accreditation Program, please contact IAPE Accreditation Program Manager Alexis Grochmal at accreditation@iape.org.

Have you seen our new Website?

We're excited to announce the launch of our newly redesigned website! Check it out at https://welcome.iape.org/

We've been working hard to create a more user-friendly and informative online experience for our members. The new site features:

• Ease of Use: Navigate effortlessly with our streamlined design and intuitive menus. Finding the information you need has never been easier.
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Special Update - Counterfeit Money

During our 2-day training, we have provided information on how to submit counterfeit money to the Secret Service. The following information is provided as there have been several changes.

Effective November 1, 2024, the United States Secret Service will no longer accept electronic submissions of suspected counterfeit notes via the USDollars website. The Registration and Submission option will be removed and no longer available. Open electronic submissions entered before November 1, 2024, will be available to previously registered users.

To continue submitting suspected counterfeit notes to the Secret Service Counterfeit Currency Processing Facility (CCPF) after November 1, 2024, complete SSF 1604 and attach each suspected counterfeit note to the form. The completed SSF 1604 with the attached suspected counterfeit note should be mailed to the following address:

Red Text – add link

Bureau of Engraving and Printing

c/o Counterfeit Currency Processing Facility (CCPF)

Room 541-A

301 14th Street, SW

Washington, DC 20228

To report suspected counterfeit crimes and submit suspected counterfeit notes as evidence, contact your local law enforcement agency (police department). If assistance is required to determine whether a note is genuine or suspected counterfeit, contact the local Secret Service office ( https://www.secretservice.gov/contact/field-offices ). 

Headlines

Completely unacceptable, FWPD chief apologizes to rape victims for testing delays

Fort Worth Police Chief Neil Noakes issued a forceful apology to sex assault victims Tuesday as he took responsibility for the department’s failure to meet state deadlines for processing hundreds of sexual assault evidence kits.

“This is completely unacceptable where we are,” Noakes told the Fort Worth City Council, adding that sexual assault survivors have a right to be angry with his department.

"They are pissed off and they should be. I am pissed off. If this was my wife, my mother, my daughter, I would be,” Noakes said.

Earlier this month, NBC 5 Investigates revealed state records showing Fort Worth police had about 900 rape kits already past a 90-day state deadline and still awaiting full completion of the testing and analysis process.

Our reporting found that more than 750 times over the last five years, state records show, the department also failed to submit kits for processing within the state-required 30-day submission deadline. Fort Worth Chief of Police Neil Noakes vows to solve the problem of untested rape kits, Tuesday, Oct. 22, 2024.

One woman who reported an assault, Latrice Godfrey, told NBC 5 how she waited 11 months before her kit was tested. NBC 5 Investigates report about Godfrey’s case sparked anger and frustration among the city's top elected officials.

“I am almost shaking. I am just very unhappy with this information,” Fort Worth Mayor Pro Tem Gyna Bivens said, addressing the council Tuesday. “I want to make no mistake that we have failed victims in our city. We have failed not just victims, but we have failed their loved ones”, said City Council Member Elizabeth Beck.

Noakes told the council he and an assistant chief will personally manage the city’s crime lab until the evidence backlog is resolved. Noakes said every option is on the table, including using more private contractors and hiring bonuses to fill five vacant lab positions, which police said have caused the delays. He said the department is also paying $4,000 incentives to current lab employees who are able to work extra hours and assist in analyzing test results and uploading them into the DNA database used to match evidence to known offenders.

Noakes said, just four days ago, the department shipped 190 kits to private labs as it works aggressively to clear the backlog of cases. He acknowledged that 116 of those kits are already over the 90-day deadline.

"I take full responsibility for the situation we are in right now, and I take full responsibility for getting this right,” said Noakes. Fort Worth Mayor Mattie Parker responded, telling the chief that if Fort Worth is going to have its own crime lab, it must be “best-in-class.”

“This crime lab has been a problem in the city of Fort Worth for 10 years and, I mention that chief because it's not just your problem, it is a management problem,” Parker said.

The mayor also paused to acknowledge Godfrey, who was in the audience Tuesday, for speaking out about the delays.

“It is unfortunate that it's taken a public outcry and a beautiful victim in Latrice Godfrey who is here today, to say, ‘Help me,’” Parker said.

Godfrey was joined at the meeting by Lavinia Masters, a sex assault survivor who is named on the 'Lavinia Masters Act', the state law that created the sex assault evidence testing deadlines. As Godfrey and Masters left the meeting, they also received a personal apology in the hallway from the chief.

Fort Worth Chief of Police Neil Noakes, left, speaks to Lavina Masters, right, a sex assault victim and advocate who campaigned for passage of the "Lavinia Masters Act", the Texas law which created the sex assault evidence testing deadlines that Fort Worth Police have often failed to meet. Tuesday, Oct. 22, 2024.

Commentary:

While this news report highlights a police department’s crime lab in Texas failing to comply with time requirements for testing Sexual Assault Kits (SAKs), it is crucial to note that 38 states and Washington, D.C. have successfully implemented similar standards, which require legal enactment to ensure full effectiveness:

- **List of States:** 

   Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Washington, D.C., West Virginia, Wisconsin.

If your state is included in this list, you may already have a legal mandate as well as a moral responsibility to ensure that SAKs are promptly transferred to the crime lab for testing. As a property officer, you are likely to be the only individual in the department who is fully aware of both the submission time and the required transfer deadline for each kit. Therefore, it is crucial that your department’s policy clearly outlines these time requirements and that management conducts regular inspections to prevent a recurrence of the issues highlighted in this report. 

VISIT : https://www.endthebacklog.org/ information on your state

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