Multiple evidence types common to evidence management operations require special handling to ensure the integrity of the evidence system. The Evidence Management Institute recommends special handling considerations for evidence types that fall into one or more of the following categories:
Many of the evidence types described in this chapter can fall into multiple categories listed above depending on the nature of the case or item. This chapter specifically addresses firearms, narcotics, currency and biological evidence handling and generally addresses handling considerations for other item types not listed.
Implementation and adoption of the Special Handling Considerations standards and practices recommended by the Evidence Management Institute promotes a stable organizational baseline for sustainable evidence management.
This chapter covers:
Biological Evidence
Refers to evidence items that contain biological source material. Common forms of biological source material include blood, hair, tissue or other trace forms of evidence containing DNA evidence.
SANE Kit
Specific term and acronym for Sexual Assault Nurse Examiner kit, refers to any sexual assault evidence collected from a forensic examination of a victim of sexual assault. Other jurisdictions may use similar or alternative nomenclature for the sexual assault forensic examination kit. It is important to note and distinguish that sexual assault investigations may include multiple forensic or biological evidence items in addition to a forensic medical examination kit.
Firearms Evidence
Refers to evidence items meeting the legal and accepted definition of a firearm, antique firearm or ammunition as described in Title 18 USC Chapter 44 §921.
Currency Evidence
Refers to evidence items intended to function as a medium of exchange, traditionally paper bills, coinage or bonds issued by a government. May also be extended to include financial instruments or electronic data used as a medium of exchange.
Narcotics and Drug Evidence
Refers to evidence items containing illicit or substances, precursor substances, plants or chemicals as defined by statute.
High-Liability Evidence
Refers to evidence types that are susceptible to theft, misuse or misappropriation due to the item’s value or utility, commonly includes currency, narcotics and firearms evidence or other high-value evidence items stored by the unit. Also includes items that carry significant value as probative forensic evidence that could impugn the integrity of the agency and the case if mishandled.
High-Value Evidence
Refers to items with a high replacement value, as defined by the agency.
Forensic-Value Evidence
Refers to items containing direct probative or forensic value capable of identifying an individual, or providing a link between an individual and a specific event, place or time.
Hazardous Evidence
Refers to evidence items that carry exposure risks or inherent physical properties, or specific storage requirements that could cause harm to a person or property if handled improperly. Commonly includes items containing volatile or toxic chemicals, strong base or acidic chemicals or oxidizers, explosive substances, pathogenic biological substances or other harmful materials.
Biological evidence, due to its unique evidentiary value, forensic value, specific storage and preservation requirements, and the potential health risks associated with handling of biological evidence, requires special handling considerations for associated evidence types.
The 2013 National Institute of Standards and Technology publication, The Biological Evidence Preservation Handbook: Best Practices for Evidence Handlers, should serve as primary guidance for the management and preservation of biological evidence.
All agencies collecting forensic medical examination evidence, commonly referred to as a SANE (Sexual Assault Nurse Examiner) kit, should require the submission and forensic analysis of all collected SANE kits, or sexual assault forensic medical examination evidence.
Biological evidence items should be packaged using materials that are forensically appropriate for preserving and storing the type of evidence submitted.
Biological evidence packaging should conform to forensic lab requirements for evidence submission. Items containing biological evidence should be clearly labeled and marked as biological evidence with a distinct biohazard label and symbol.
Items containing biological evidence should be packaged and sealed individually to prevent cross contamination.
Wet evidence containing biological materials should be dried prior to packaging.
Agencies should provide appropriate and secure temporary storage for submitted evidence pending acceptance by the evidence management unit.
Appropriate temporary storage conditions vary depending on the biological evidence type submitted.
Most biological evidence should be stored under temperature controlled, refrigerated or frozen storage conditions as defined in the 2013 National Institute of Standards and Technology publication The Biological Evidence Preservation Handbook: Best Practices for Evidence Handlers.
Temporary secure storage should prevent cross contamination of evidence and prevent unauthorized access to submitted evidence.
Evidence reports or records should clearly indicate items or item types which contain biological evidence.
Biological evidence collected by personnel outside the agency, most commonly by sexual assault nurse examiners or outside forensic investigators, should document all identification and chain of custody information related to the evidence item.
Biological evidence authorized and approved for disposition should be destroyed in a manner that complies with statutes and regulations that govern medical or biological waste disposal or destruction.
If in conflict, statutes requiring the long term retention of biological evidence should supercede local disposition eligibility requirements.
Many states have enacted legislation requiring agencies to provide sexual assault victims with information related to the status of analysis of SANE kits. Regardless of statutory requirements, agencies are recommended to provide victims of sexual assault with information related to the status of analysis of collected forensic medical examination kits.
Information provided to victims should not include information that could jeopardize active investigation or identification of offenders.
Incineration by an approved disposal facility is a common process for destroying biological evidence. Partnering with local medical facilities may provide a local alternative to transporting biological evidence to a remote disposal location.
Firearms evidence requires special handling considerations for associated evidence types due to inherent constitutional and statutory requirements, agency integrity implications, evidentiary value, potential forensic value, potential safety risks, and the potential for theft or misappropriation.
Evidence management unit personnel should receive documented firearms training related to:
Safe firearms packaging requires an exception to the general principle of packaging, sealing and labeling evidence. Firearms evidence packages may be submitted unsealed if approved and documented in the agency packaging manual.
Firearms should be submitted in visibly safe, unloaded condition. Any exceptions made to this standard should require additional documented procedures to ensure safe storage.
Firearms should be packaged or stored in a manner that prevents cross contamination and oxidation. Packaging firearms evidence in sealed plastic packaging should be avoided.
Firearms should be packaged or stored in a manner that prevents damage or alteration to the firing pin, muzzle, barrel interior or other component used for forensic analysis or comparison.
Firearms should be submitted unloaded and made visibly safe by the officer prior to submission.
Firearm serial numbers should be run through NCIC or applicable state crime information network to determine whether the submitted item has been reported stolen.
Firearm serial numbers should be visually verified for accuracy by evidence management unit personnel prior to storage.
Firearms evidence documentation should include accurate and complete information, including:
Controlled field lists for firearms descriptions provide the most consistent information for reporting and accurate database information.
Firearms evidence should be stored in a separate storage area from general evidence storage under increased security.
Firearms evidence should be stored in a temperature-controlled environment to prevent rust or damage to the item.
Multiple options exist for the disposition of firearms. Agencies that elect to destroy firearms as a disposition option should ensure that firearms are destroyed that meet the Bureau of Alcohol, Tobacco and Firearms standard for firearms destruction:
Acceptable method of destruction is to completely melt (smelt), shred or crush the firearm receiver. These torch cuts are acceptable alternatives to shredding.
An unserviceable firearm is not destroyed and is still regulated as a “firearm” under Federal law. Any method of destruction must render the firearm so that it is not restorable to firing condition and is otherwise reduced to scrap.
Firearms evidence eligible for disposition should be stored separately from active firearms evidence under increased security.
Processes for firearms disposition should involve two persons to witness and verify the disposition.
Evidence should not be marked as destroyed or disposed prior to confirmation and documentation actual destruction or final disposition.
Accurate disposal records indicating the specific item, associated documentation of authorization and approval for disposal, disposal mechanism, dates of disposal, person or entity disposing of the item, and disposition witness information should be maintained permanently by the evidence management unit.
Disposition Considerations
Currency evidence; due to inherent constitutional or property rights implications, agency integrity implications, evidentiary value, potential forensic value, and the potential for theft or misappropriation requires special handling considerations for associated evidence types.
Seizure or collection of currency evidence should be treated with the utmost regard to statutory and constitutional compliance. Agencies should authorize specific conditions for currency evidence collection and submission. Generally, currency evidence submission is acceptable:
Currency evidence should be classified by the submitting officer into 2 categories:
Bills or coinage in current circulation are not believed or known to possess forensic value in addition to the bill or coin denomination value.
Currency submitted to the evidence management unit should be accurately counted by denomination and verified by a second identified person prior to submission.
An exception to the two-person verification standard exists for agencies who have established policy implementing alternative protocols and procedures modeled by the U.S. Drug Enforcement Administration for seized currency.
Currency submitted to the evidence management unit should be subject to inspection and verification by evidence management personnel.
Inspection and verification by evidence management personnel should follow the same two-person verification requirement for evidence submission.
Currency evidence submitted to the evidence management unit should be accurately documented with respect to total amount submitted.
Documentation of currency evidence should contain information identifying the person from whom the currency was seized or collected owner of submitted currency evidence, if other than the person from whom the currency was seized or collected.
Documentation of authorization and movement of all currency evidence should be documented in the chain of custody.
Currency evidence should be stored in a separate area from general evidence, under increased security. Options for disposition of currency evidence include:
Currency evidence eligible for disposition should be stored separately from active currency evidence under increased security.
Disposition processes related to currency disposition should involve two persons to witness and verify disposition. Evidence should not be marked as disposed prior to confirmation and documentation of actual destruction or final disposition.
Accurate disposal records; indicating the specific item, associated documentation of authorization and approval for disposal, disposal mechanism, dates of disposal, person or entity disposing of the item, and disposition witness information should be maintained permanently by the evidence management unit.
Deposit of non-forensic currency evidence should be subject to documented procedures established by the agency in compliance with local regulations and state and federal statutes.
Forensic currency evidence should not be deposited and should remain in the secure storage area of the evidence management unit until movement or disposition authorization and approval is obtained and documented.
If two-person person verification of currency submission is not possible given agency resources, or if an agency elects to provide additional security measures for the submission of currency, the following options should be considered:
When currency is collected as evidence, whether under search warrant or other method, it is a recommended practice to provide a receipt of collection that provides information on due process for the return of the item.
Foreign currency should generally be treated as forensic currency due to the fact that most financial institutions cannot return the original face value of foreign currency indexed to the exchange rate available on the date of submission.
Destroyed currency may be sent to the United States Department of Treasury for reclamation. Treasury Department analysts will replace damaged or destroyed bills and return the currency to the sender.
Narcotics and drug evidence require special handling considerations for associated evidence types due to their evidentiary value, forensic value, potential resale value, the potential for misuse or abuse, and the potential health risks associated with handling of narcotics and drug evidence.
Narcotics and drug evidence includes any evidence items containing illicit substances, precursor substances, plants or chemicals as defined by statute.
Narcotics and drug evidence documentation should include accurate and complete information, including:
Controlled field lists for narcotics and drug evidence descriptions provide the most consistent information for reporting and accurate database information.
Documentation of authorization and movement of all narcotics and drug evidence should be documented in the chain of custody.
Narcotics and drug evidence should be stored in a separate area from general evidence, under increased security.
Narcotics and drug storage areas should provide appropriate environmental conditions and adequate ventilation to preserve evidence and reduce exposure risks associated with narcotics and drug storage.
Agencies should consider post submission testing and weighing of narcotics and drug evidence eligible for disposal to ensure the integrity of the evidence management system.
Participation in programs involving the uncontrolled or anonymous disposal of unidentified narcotics or drug items is not recommended.
Agencies that elect to participate in public drug disposal programs should provide adequate security for disposal sites to prevent unauthorized access.
The disposition of narcotics or drug evidence for use in training for police K9 training is not recommended. Multiple options exist for K9 training that do not involve disposed agency narcotics or drug evidence.
Agencies that elect to use disposed narcotics evidence should establish routine audits of disposed narcotics or drug materials that ensure authorized use and continued custody.
While all evidence should be handled with appropriate measures to ensure a secure chain of custody and preserve the integrity of the evidence item, certain items carry higher storage liability due to their financial, historical, or political value.
High-value evidence requires special handling considerations for associated evidence types due to agency integrity implications, replacement cost, evidentiary value, potential forensic value, and the risk of theft or misappropriation.
Common types of high-value items include jewelry, collectable items, items with a high replacement cost, or items that are considered to possess historical value.
High-value items should be submitted and accepted in accordance with other evidence types; however, items known to possess high value, as defined by agency policy and procedure, should be indicated as high-value items for storage.
Documentation of items believed to possess high-value should not include implied or explicit value descriptors that cannot be substantiated or verified at the time of submission.
For example, a gold-colored metal ring with a single clear stone submitted as a jewelry item should not be described as a “diamond gold ring.” Items should be described by appearance, color and shape as opposed to descriptions that unintentionally affix or mistakenly represent item value.
Also, High-value evidence items should be stored in a separate area from general evidence storage, under increased security.
Hazardous evidence requires special handling consideration due to specific storage and preservation requirements and potential health or safety risks associated with handling of hazardous evidence.
Common hazardous evidence types include, but are not limited to:
Hazardous evidence items should be packaged using appropriate materials to safely store the type of hazardous evidence submitted. Evidence Items containing hazardous materials should be clearly labeled and marked as hazardous evidence with a distinct hazardous material label and symbol.
Hazardous material evidence items should be submitted and accepted in compliance with other evidence requirements, however, items known to contain hazardous materials as defined by agency policy and procedure should:
Items containing hazardous materials should document the hazardous material type or potential hazards associated with the item.
Agencies should provide documented instruction on handling hazardous evidence types. Agencies should post and retain Material Data Safety Sheets for all hazardous evidence types stored by the evidence management unit.
National Institute of Standards and Technology. 2013. The Biological Evidence Preservation Handbook: Best Practices for Evidence Handlers. (NISTIR 7928). Washington DC: U.S. Government Printing Office.
