HomeMy WebLinkAbout2015 - Audit Report - Audit of LPD Lansing Police Department Evidence Procedures rept 2015 yh1A S t NG CITY OF LANSING
INTERNAL AUDITOR
124 W MICHIGAN AVE FL 10
LANSING MI 48933-1605
(517)483-4159
I
CHID
P� Fax(517)483-7630
AUDIT REPORT
DATE: February 19, 2015
TO: City Council, City Clerk, Mayor rn�ero
FROM: Jim DeLine, Internal Auditor
RE: Audit of LPD Evidence Procedure
Per City Charter, 'The Internal Auditor shall make a full report to the City Council of
each individual audit and file a copy with the Mayor and City Clerk." To that end, this
report is being sent for your review and to be placed on file.
Background / Research
The suggestion that I do a procedural audit of LPD evidence handling was made to me
by a Councilmember in the fall of 2014.
In an email sent to appropriate LPD Supervisors on November 14, 2014, 1 alerted them
to my plan to audit procedures used in the processing and handling of cash and other
evidence. The email listed questions which I planned to explore. See attachment A. I
followed up with an email to Chief Yankowski on December 16, 2014 requesting a date
to meet with the supervisors regarding a review of the evidence procedures. He
responded on December 23, 2014, assuring me that efforts were being made to
address the November 14 questions and a meeting would be forthcoming.
On January 12, 2015, 1 received an email from Capt. Southworth with packets of
information regarding evidence handling and the request to meet on January 20, 2015.
Information sent designed to address my questions is attached as Attachment B
(Handling of Evidence and Property Procedure 600-4), Attachment C (memo from Lt.
Fabus / Special Operations Section) and Attachment D (memo from Sgt. Sosebee /
Property and Supply Unit). Documents provided deemed not pertinent to the audit were
not attached.
In attendance at the meeting on January 20 were Capt. Darin Southworth, Lt. Tom
Fabus and Sgt. Ellery Sosebee. At the meeting, I made the inquiries noted below on
matters that were either not addressed in the information provided or for which I need
further clarification.
Special Operations Section
Page 1 of 3
• Is refresher training provided to members of the Special Operations Section
regarding evidence handling procedures? Answer: Evidence handling
procedural training is reinforced through on-the-job training.
• Is evidence ever handled by an officer acting alone? Answer: Yes, but rarely. In
the case of undercover "deals,"two officers are always present. Operationally,
the standard is to use one officer as "evidence officer"and another as
"cataloguer."
Property and Supply Unit
• How often is a physical inventory taken? Answer: Physical inventories are taken
on a rotating basis with each area inventoried twice per year with the exception
of the safe, which is inventoried weekly.
• What happens when the officer associated with the evidence leaves the
employment of LPD? Answer: A report is pulled of all evidence assigned to the
officer before their employment ends. The list is reviewed by the officer and a
supervisor. A supervisor will determine to whom each piece of evidence should
now be assigned.
• When an officer leaves the employ of LPD, who ensures that their access to
evidence software is terminated? Answer: Abby Vanderlann
• When will the evidence handling procedure in existence since 2009 be reviewed
for possible updating? Answer: Within six months.
On January 24, 2015, MLive featured a story regarding a negative report on the Flint
Police Department's handling of evidence. I informed members of the Committee on
Public Safety that my audit of LPD evidence handling was currently underway and
assured them that a report would be forthcoming.
On January 29, 2015, 1 visited the Property and Supply Unit and Sgt. Sosebee gave me
a tour including thorough explanations of procedures and examples of each. Questions
regarding "check out" procedures, evidence storage and disposal of aged evidence
were all answered to my satisfaction.
Analysis
LPD evidence handling procedures are well written and explained to officers. Physically,
evidence is stored appropriately and securely. Checks and balances are in place and
effective.
Recommendations
The Property and Supply Unit (PSU) has been functioning without its third member, a
civilian employee, for several years. Currently a former officer is performing the civilian
duties as a contract employee. My plan was to recommend that the filling of this position
by a permanent City employee be expedited; however I now understand that one is
slated to start on February 23.
Though the current PSU software does a more than adequate job for tracking evidence
(including the use of bar codes), Sgt. Sosebee anticipates that a replacement program
will be introduced that has the capability to network with other agencies in the State of
Page 2 of 3
Michigan. As the current software is a custom program written using Microsoft Access, it
is recommended that the Information Technology Department assist as early as
possible in determining which software will be utilized and begin the cumbersome task
of converting data.
In reviewing the evidence handling procedure (600-4) and other documents, it is noted
that specific City employee contact names are given as well as brand names of
products used. I recommend when these items are review and rewritten that generic job
titles and product descriptions be used instead.
Capt. Southworth, Lt. Fabus and Sgt. Sosebee are to be commended for the materials
provided, their cooperation and thoroughness. I am confident LPD procedures are
complete and followed correctly.
Page 3 of 3
JO/
CITY OF LANSING
INTERNAL AUDITOR
124W MICHIGAN AVE FL 10
LANSING MI 48933-1605
(517)483-4159
Fax(517)483-7630
MEMORANDUM
DATE: November 14, 2014
TO: Capt. Darin Southworth, Ca . Daryl Green, Lt. Tom Fabus, Sgt.
Ellery Sosebee
FROM: Jim DeLine, Internal Auditor
RE: Pre-Meeting Questions on Pr edures
CC: Chief Mike Yankowski
Darin, Daryl, Tom and Ellery, in addition to my visit to the Special Operations Section to
conduct a cash audit with Sheila Wheeler scheduled for November 25, 2014, 1 would
like to review procedures in place at the Special Operations Section (SOS), the
Detective Bureau (DB) and the Property and Supply Unit (PSU) for the processing of
case related money and other property. In advance of meeting with you, please take a
moment to review the questions below which I would like to discuss. Thank you for your
anticipated cooperation. I will contact you soon to set up a meeting to go over these
procedures.
LPD Investigations Division and Property and Supply Unit Questions
1. Confiscation of Evidentiary Money and Property
a. Is there a written procedure concerning the confiscation of evidentiary
money and / or property in cases under investigation by SOS and DB?
Please provide a copy.
b. Is a receipt issued to the presumed owner/ citizen from whom the money
or property was seized?
c. What is the procedure for submitting evidentiary money and property to
the Property and Supply Unit?
d. What training is provided relative to the handling of evidence to people
newly assigned to SOS, DB or PSU?
i. Is there refresher training?
e. How do procedures differ in cases where the evidence was processed by
LPD but the case is handled at the State or Federal level?
f. How often are these procedures reviewed and modified?
g. What monitoring is done to ensure procedures are being followed?
Attachment A — Page 1 of 2
h. What are the repercussions when it is discovered procedures were not
followed?
2. Storing and Handling of Evidentiary Money and Property
a. What is the procedure for the receipt of evidentiary money and property by
the Property and Supply Unit? Please provide a copy.
b. Is a receipt issued to the employee submitting the evidence to PSU?
c. How is evidence received by PSU during off-hours?
d. How is evidence "checked out" from PSU?
i. For what purposes is evidence checked out?
ii. Who is allowed to check out evidence from PSU?
iii. Is there a maximum time for which evidence can be checked out
from PSU?
iv. What is the procedure for its return?
v. What if the unit is closed when it is ready to be returned?
e. Is a log of evidence in LPD's possession maintained?
i. For how long is the log kept on file?
ii. If the log is computerized, what happens if/ when the computers
go down?
iii. Please provide a sample log of evidence from several cases.
f. What are the procedures for returning evidence to its owner or destroying
evidence once the case is closed?
i. What is the procedure when the evidence is forfeited to LPD?
Again, thank you. I look forward to meeting with you soon.
Attachment A — Page 2 of 2
LANSING POLICE- D -F= PARTMC- NT
Title: HANDLING of EVIDENCE AND PROPERTY
C— f ective Date: December 26,2009 Rescinds: 600-4, FEB 01, MAR 05 No: 600-4
O P E R A T I O N A L P R O C Q D U R
1. PURPOSE
The purpose of this procedure is to establish guidelines for handling evidence and other property an
employee seizes or takes possession of during the course of their duties. The Property and Supply
Unit(PSU)is the custodian of evidence or property received by Lansing Police Department(LPD)
employees.
NOTE: This procedure does not establish guidelines for motor vehicles, LPD Procedure
600-29 (Motor Vehicle Towing); blood borne pathogens, LPD Procedure 300-19
(Communicable Diseases); junk bicycles, LPD Procedure 600-5 (Bicycles); or
bombs,LPD Procedure 600-23 (Bomb Reports and Disposals).
II. TAGGING OF EVIDENCE OR PROPERTY
In criminal cases involving doubt as to the ownership of an item, the item will be seized and
processed through the Department according to this procedure. The originating officer or assigned
investigator will determine and verify the name,address and ownership of the item,and notify PSU
of the status of the item.
A. All evidence or property that an employee takes possession of during the course of their
duties will be turned in and properly tagged no later than the end of the same shift in which
the employee takes possession of the evidence or property. Exceptions to tagging in the
evidence or property must be approved by a supervisor.
B. All evidence or property will be tagged and logged into PSU's computer system in the
property rooms.
1. Officers will ensure the property room is securely locked upon their exit.
2. When placing evidence or property in the property room, employees will properly
complete a LPD Property Receipt Card. This card will be placed into the locker with
the evidence or property.
NOTE: The Report Writing Handbook, which is located on the Intranet, is a
resource for proper packaging of evidence or property. "Sample
Boards" located in the property rooms are also a resource.
Attachment B — Page 1 of 8
HI. METHOD OF TAGGING EVIDENCE OR PROPERTY
A. Currency
1. All currency, including suspected counterfeit currency, will be packaged in Kapak
heat seal bags. Kapak is the brand name of the heat sealable heavy duty plastic
evidence bag.
2. If currency is to be protected for prints, the bill will be placed in a check protector
prior to being sealed in the Kapak bag.
3. An "LPD Currency" label will be attached over the heat seal of the Kapak bag
containing the currency with the number and denominations of currency & coins
accurately recorded on the label.
4. Complete the LPD Property Receipt Card.
5. For accuracy and accountability,currency totals will be verified by another officer by
initialing on the currency label prior to submission to PSU.
B. Narcotics/drugs
NOTE: When handling narcotics/drugs, officers will use protective gloves and a
mask as a protective barrier.
1. The officer will be responsible for properly securing all evidence.
2. Officers will tag into PSU all narcotic/drugs.
3. A report will be completed with "Society/Public" listed as the victim for found or
seized substances that will not be chemically analyzed.
4. The seizing officer is responsible for the proper separation and individual packaging
of items in heat seal Kapak bags.
a. Separate narcotics from baggies or containers that need to be printed.
b. Separately package narcotics from narcotic paraphernalia/equipment.
C. Package only one type of narcotic per Kapak bag.
5. The seizing officer will complete a LPD Evidence Label, including the exhibit
section detailing the type and amount of drug suspected and affix it to the paper bag
or Kapak bag over the seal.
6. Fresh marijuana plants will be unearthed and made to fit into a sealed paper bag.
(Plastic Kapak bags will cause plant material to decompose.) These paper bags are
located in the evidence rooms. If large plants are to be tagged in,the entire plant will
be sealed in a paper bag.
Attachment B — Page 2 of 8
7. Dry marijuana plant material will be placed in a heat-sealed Kapak bag.
8. All pills and powders will be separately placed in plastic bags (if not received in a
secure container) before being sealed in a Kapak bag. Do not place loose powder,
tablets, capsules or crack cocaine directly into a Kapak bag. The property tag will
note the number of pills or rocks,if applicable. Baggies or containers to be printed
must be tagged individually.
C. Handling Perishable items
1. All perishable materials will be stored in aPSU refrigerator. A refrigerator is located
in each of the property rooms. An additional refrigerator is located in the PSU.
2. Criminal Sexual Conduct (CSC) kits and blood evidence for Operating While
Intoxicated (OWI) cases will be refrigerated.
NOTE: The Sexual Assault Nurse Evaluation (SANE) CSC report will
remain with the original report and not tagged into PSU with the CSC
kit.
3. Transportation to the Michigan State Police (MSP) Crime Lab will be done in a
timely manner by the investigator assigned or (in the case of OWI blood kits) the
court officer.
D. Fireworks
1. Fireworks are defined as a device made from explosive or flammable compositions
used primarily for the purpose of producing a visible display or audible effect, or
both, by combustion, deflagration, or detonation.
2. Any M80 style fireworks or larger are considered explosives. Refer to LPD
Procedure 600-23, Bomb Reports and Disposal.
3. Fireworks will be treated as flammable materials and will be stored at the Mac
Donnelly Flammable Material Storage Facility (FMSF).
4. The Lansing Fire Department(LFD)may provide an alternative to storage at the Mac
Donnelly FMSF.
E. Firearms
I. The definition of a firearm includes any weapon from which a dangerous object can
be shot or propelled by the use of explosives, gas, or air. A firearm does not include
smooth-bore rifles or handguns designated and manufactured exclusively for
shooting BBs no larger than .177 caliber by means of spring, gas or air. Paint ball
guns are not firearms as the paintball is not considered to be a dangerous projectile.
Attachment B — Page 3 of 8
2. Investigating Officer's Responsibilities:
a. Complete the LPD property tag and attach with string to all firearms for
identification.
b. Type"PRT"for a Person Requiring Treatment on the LPD Property Receipt
Card as a part of the offense description when an officer tags in a firearm that
has been seized as part of taking a subject into custody for a PRT.
C. Place firearms in an appropriate cardboard handgun or rifle box. Use the gun
stickers provided to indicate which direction the barrel is pointing. Use the
orange gun stickers indicating that the firearm is still loaded if unable to clear
the firearm.
d. Identify firearms by brand name, caliber, number of shots, type of weapon
and serial number when available.
e. Conduct a stolen and registration firearms check via the Law Enforcement
Information Network (LEIN).
f. Refer to Investigations (RTI) all cases involving firearms.
g. Do not tag in loaded firearms unless the firearm is physically unable to be
unloaded or there is some overwhelming evidentiary need for the firearm to
remain loaded.
NOTE: Officers requiring assistance with clearing a weapon will
request the assistance of a supervisor.
h. Do not scribe anything on a firearm under any circumstance.
i. Photograph the firearm and attach to RMS.
3. Detective's Responsibilities:
a. The investigator will transport firearms to the MSP Crime Lab requesting the
serial number be raised.
b. An investigator will sign off on all firearms before they can be released.
F. Storage of flammable materials
1. Flammable materials are liquids, solids,fumes,or residue of such material,including
gasoline and kerosene,that may burn or explode and any receptacle containing such
material. Motorized items utilizing flammable fuels(push lawn mowers,rototillers,
chainsaws, etc.) will all be. treated and stored as flammable materials.
2. Under no circumstances will flammable materials be brought into any police building
except the Mac Donnelly FMSF.
3. Gasoline operated machinery such as lawnmowers, chainsaws, weed cutters, and
other machinery similar in size will be stored at the Mac Donnelly FMSF. This also
includes gasoline containers,propane tanks, etc.
Attachment B — Page 4 of 8
4. All such materials are to be stored in the Mac Donnelly FMSF. Contact a command
officer for access.
5. All arson investigation evidence which is saturated with flammable materials will be
stored at the Mac Donnelly FMSF.
a. Photograph items such as Molotov Cocktails prior to disassembly.
b. Store saturated items in the aluminum paint style cans provided for this
purpose at the Mac Donnelly FMSF.
c. Store liquids in approved containers provided at the Mac Donnelly FMSF.
6. A supply of Property Tags and Property Receipt Cards will be kept at the above
facility.
7. The completed property label will be attached to the property. The completed
Property receipt card will be placed in a PSU locker.
IV. IMMEDIATE RETURN OF EVIDENCE OR PROPERTY TO OWNER OR AGENT
A. Items recovered during an initial investigation are to be returned immediately to the victim of
the offense according to the following guidelines:
1. Evidence of ownership is to be provided to the investigating officer. The
investigating officer is to be satisfied that the items belong to the person(s)making
the claim.
2. Document in the written report:
a. How the officer was able to determine ownership.
b. Date.
C. Time.
d. Item number.
e. Description of Item.
B. For the following offenses,evidence may be released after being properly photographed and
documented as having been in the possession of this Department, without contacting the
prosecuting attorney:
1. Retail Fraud
2. Receiving and concealing stolen property
3. Larceny of bicycles/motorcycles
4. Larceny
Attachment B — Page 5 of 8
5. Larceny/conversion of leased equipment
6. Obtaining goods under false pretenses
7. Malicious destruction of property
8. Breaking and entering of motor vehicle
9. Larceny from motor vehicle
C. No other property is to be released without approval of the appropriate prosecuting attorney's
office.
D. When property is immediately returned to the victim or owner under the procedures outlined,
the investigating officer will require the victim or owner to sign the Property Release
Agreement Form. This signed statement will be retained by the investigator and made a part
of the case file. An unsigned copy of the agreement will be left with the victim/owner.
V. REMOVAL, RELEASE, OR DISPOSAL OF EVIDENCE OR PROPERTY FROM PSU
A. Officers will not remove evidence or property from the PSU unless one of the following
exists:
1. It is to be used in court. After release from court all evidence or property will be
returned immediately to the PSU or a property room.
2. It is taken to the MSP Crime Lab. It is the responsibility of the investigator or officer
who transports evidence to the MSP Crime Lab to ensure that it is returned to the
PSU or a property room immediately upon completion of analysis.
3. Exceptional circumstances exist and removal is authorized by the Staff Services
Division Captain or designee. The investigator or officer removing evidence or
property is responsible for ensuring that it is returned to the PSU or a property room
as soon as practical.
B. Release or disposal of evidence or property prior to a court disposition or conclusion of an
investigation includes:
1. Property which is contraband will not be released.
2. If the ownership of property is disputed, the property will not be returned until the
dispute is resolved.
3. Any weapon used in the commission of a crime will be retained until the prosecuting
attorney is contacted. No weapon will be released in cases where warrants are
Attachment B — Page 6 of 8
pending.
4. Persons who have been certified as PRTs cannot get their weapons back.
NOTE: If a person voluntarily admits them self for mental health treatment,it
is not recognized as a court ordered commitment,a weapon may be
released back to them.
5. Property which is evidence will not be released if the Prosecuting Attorney or City
Attorney certifies that there is a need to retain that evidence in lieu of a photograph or
other means of documenting its possession by the Department. If approval is granted
the investigator or officer will indicate in their report the name of the attorney giving
permission and the date and time permission was granted.
C. Release or disposal of evidence or property after a court disposition or conclusion of an
investigation includes:
1. The investigating officer will attempt to return or dispose of all property after a court
disposition or conclusion of an investigation.
2. Evidence Disposition Request forms require the following:
a. The officer or their supervisor will complete and return the Evidence
Disposition Request form within 15 days from the date of receipt.
b. The officer or their supervisor will advise PSU personnel as to whether or not
the property will be destroyed, returned to the owner or proper authority, or
retained for evidence. If the property cannot be disposed of,this fact will be
conveyed to the PSU.
C. If property may be disposed of, the officer will so indicate by signing the
reverse side of the property receipt card, or by submitting a properly
completed Evidence Disposition Request form.
3. If the property is to be released to the owner, it will be the responsibility of the
investigating officer to sign off on the LPD Property Receipt Card or complete an
Evidence Disposition Request form prior to advising the owner that they can pick up
their property.
4. Prior to releasing or disposing of a firearm a Safekeeping/Firearm Return Checklist
must be completed.
5. The investigator will advise the owner that PSU will send them a notice with
directions for retrieval of their property.
6. The investigator will return evidence or property to the owner from the PSU when the
owner cannot pick it up.
Attachment B — Page 7 of 8
a. This process will be authorized only upon approval of the Central Services
Division Captain or designee.
b. The employee will complete an Evidence Return Receipt for the property.
The owner's name, address and phone number will be placed on the receipt.
The receipt will state why the property had to be taken to the owner. The
receipt will include the date,time and the signature of the owner or designee
who received the property. The receipt must be returned to the PSU.
C. Evidence or property that cannot be returned to the owner on the day it was
checked out will be checked into the PSU or one of the precinct property
rooms.
d. Signed property receipts will be returned to the PSU or secured in a locker in
a property room immediately upon return of the evidence or property.
7. PSU Supervisor Responsibilities.
a. Ensure that the Evidence Disposition Request and Safekeeping/Firearm
Return Checklist forms are fully completed.
b. Prior to returning weapons(s) to owner,PSU will run the owner in LEIN, to
make sure there are no warrants, or court orders.
C. Send out a notice to the owner or proper authority with directions for retrieval
of their property.
8. Bio Hazard Room
a. All items placed in Bio Hazard room to dry must be logged into PSU
computer at that time.
b. 72 hours after being placed in room (or next working day after 72 hours for
the officer), the items must be packaged and put in locker. Items DO NOT
need to be re-entered into PSU computer or updated by officer.
Attachment B — Page 8 of 8
_ANSING POLICE DEPARTMENT
120 West Michigan Avenue
/ Lansing, MI 48933
Mike Yankowski,Chief
TO: CAPTAIN DARINSOUTHWORTH
FROM: LIEUTENANT THOMAS FABUS
SUBJECT: SPECIAL OPERATIONS - INTERNAL AUDITOR QUESTIONS
DATE: DECEMBER 16TH1 2014
Attached is my response to questions presented by Internal Auditor:
1. Confiscation of Evidentiary Money and Property
a. Is there a written procedure concerning the confiscation of evidentiary money and / or
property in cases under investigation by SOS and DB? Please provide a copy.
• All evidence is handled in accordance to LPD Operational Procedure
600-4, Handling of Evidence and Property.
• There is no difference between SOS &DB for handling currency.
• Evidence rooms exist at both LPD OPS and LPD SOS for retention of
evidence.
• Attached Operation Procedure 660-4,Handling of Evidence of Property.
b. Is a receipt issued to the presumed owner / citizen from whom the money or property
was seized?
• Property or U.S. currency seized for evidence is noted in report under
evidence heading and handled in accordance with above noted
procedure.
• Property or U.S. currency seized for civil forfeiture are provided with
"Notice of Seizure of Property and Intent to Forfeit" form.
• Attached"Notice of Seizure of Property and Intent to Forfeit" form
• Attached "Forfeiture Training" guideline - New officer orientation.
Lansing Police, Professional Law Enforcement, "Caf
Attachment C — Page 1 of 4
c. What is the procedure for submitting evidentiary money and property to the Property
and Supply Unit?
• See attached documentation:
i. Operational Procedure 600-4, Handling of Evidence and
Property
ii. LPD Report Writing Manual- Evidence
iii. LPD Report Writing Manual— Forfeiture
iv. LPD Report Writing Manual- Drug
d. What training is provided relative to the handling of evidence to people newly assigned
to SOS, DB or PSU?
• Special Operations provides a "Welcome Packet" to newly assigned
personnel to SOS. Officers who will be assigned in an undercover
capacity are also sent to MSP Undercover Narcotics School. SOS
Officers are also given formal-informal training by current SOS officers
on a rotating basis for first six weeks in unit. Additional training is
provided as needed.
i. See attached Welcome Packet
ii. Is there refresher training?
• Special Operations provides 2 yearly internal SOS specific training yearly.
There is a variety of topics covered. In addition, SOS attends LPD
annual training.
i. See attached SOS training outlines
e. How do procedures differ in cases where the evidence was processed by LPD but the
case is handled at the State or Federal level?
• Money seized by SOS is handled as noted above in response to Question
A. Money seized by Federal agencies is handled by them in accordance
with their own policy and procedure.
• SOS cases sponsored by Federal agencies are handled in accordance with
LPD evidence policy and procedures.
£ How often are these procedures reviewed and modified?
• LPD has a policy and procedure committee that meets monthly to
review current policy.
Attachment C — Page 2 of 4
Lansing Police, Professional Law Enforcement, "Capit
g. What monitoring is done to ensure procedures are being followed?
• All reports and collection of evidence are reviewed by LPD Supervisors,
often multiple times by differing Section Supervisors.
• Evidence collection is verified by LPD Property and Supply personnel
before it is collected and stored by their section.
h. What are the repercussions when it is discovered procedures were not followed?
• There are a multitude of options from additional training and coaching
to informal or formal discipline.
Respectfully Submitted,
Thomas Fabus, Lieutenant
Special Operations Section
Attachment C — Page 3 of 4
Lansing Police, Professional Law Enforcement, "Capita
Complaint#
Intake#
NOTICE OF SEIZURE OF PROPERTY AND INTENT TO FORFEIT
NOW comes the Ingham County Prosecutor and hereby gives notice:
TO:
of
On the date of
seized the following valued at less than$50,000 pursuant to MCL 333.7521 et.seq.as amended:(see attachment)
To contest forfeiture of the above-described property, you mustdo BOTH of the following with 20 DAYS after receiving
this notice:
1. File a claim with the Ingham County Prosecutor,303 W. Kalamazoo,Lansing, AV 48933.The claim must:
(1) be in writing;(2) be signed by you; (3) describe the property you claim;and(4) specify your legal interest in
the claimed property.
2. Post a bond with the Ingham County Prosecutor which will be used to cover costs and expenses.
You must pay the amount which is checked below:
❑$250 if property or value is$2,500 or less. 0 Ten percent(10%)of the value of the sized property,
i.e.,$ to a maximum of
$5,000, If property value exceeds $2,500.
Your bond mustbe in the form of a money order, cashier's check, attorney trust account check, or a bond
issued by a licensed corporate surety or bondsman.You may not post bond in the form of cash or a personal
check.Bonds must be payable to"County of Ingham:'
If you lose your court case and any or all of the listed property is forfeited,the court can order you to pay all actual
costs and expenses of the forfeiture proceedings.
If you file a claim and post bond within 20 days after receiving this notice, a forfeiture action will be filed in
Circuit Court. If you do not file a claim and post bond withing 20 days after receiving this notice, the listed
property will be forfeited.
Dated this day of 20
By:—_
(Sic
WHITE (Original): POLICE DEPARTMENT YELLOW (copy):CITY ATTOR Attachment C — Page 4 of 4
PNS � N
LANSING POLICE DEPARTMENT
120 West Michigan Avenue
Lansing, MI 48933 T
Phone: (517)483.4600 (TDDNoice)
Fax: (517) 377.0162 •
ICHIGP
Virg Bernero, Mayor Chief Mike Yankowski
TO: Jim DeLine
FROM: Sergeant Ellery Sosebee
SUBJECT: Property and Supply—Internal Auditor Questions
DATE: January 5th, 2015
Attached is my response to questions presented by Internal Auditor:
1. Confiscation of Evidentiary Money and Property
a. Is there a written procedure concerning the confiscation of evidentiary money and / or
property in cases under investigation by SOS and DB? Please provide a copy.
• All evidence is handled in accordance to LPD Operational Procedure 600-4,
Handling of Evidence and Property.
• There is no difference between SOS, PSU &DB for handling currency.
• Evidence rooms exist at both LPD OPS, LPD Central, and LPD SOS for
retention of evidence.
• Attached Operation Procedure 600-4, Handling of Evidence of Property.
b. Is a receipt issued to the presumed owner / citizen from whom the money or
property was seized?
• Property or U.S. currency seized for evidence is noted in the written
Police report under evidence heading and handled in accordance with
above noted procedure.
• Property or U.S. currency seized for civil forfeiture is provided with
"Notice of Seizure of Property and Intent to Forfeit" form.
• Attached "Notice of Seizure of Property and Intent to Forfeit" form.
• Attached "Forfeiture Training" guideline—New officer orientation.
C. What is the procedure for submitting evidentiary money and property to the
Property and Supply Unit?
• See attached documentation:
"POLICE&COMMUNITY PARTNERSHIPS FOR PROGRESS&Ek Attachment D — Page 1 of 6
"Equal Opportunity Employer'
i. Operational Procedure 600-4, Handling of Evidence and
Property
ii. LPD Report Writing Manual- Evidence
iii. LPD Report Writing Manual—Forfeiture
iv. LPD Report Writing Manual—Drug
d. What training is provided relative to the handling of evidence to people newly
assigned to SOS,DB or PSU?
• All newly assigned personnel are given 40 hours of in house training
with the existing personnel prior to leaving the assignment
• All personnel are sent to a property and evidence handling training set
up by the training division.
• Additional training is provided as needed.
i. Is there refresher training?
• PSU will send personnel to local training throughout
the assignment.
C. How procedures differ in cases where the evidence was processed by LPD but the
case is handled by the state and federal level?
• There is no difference in procedure for the handling of evidence
between any levels of law enforcement. All evidence in PSU
custody is assigned to an LPD Officer. Only LPD Officers can
check items out of PSU.
f. How often are these procedures reviewed and modified?
• LPD has a Policy and procedure committee that meets monthly
to review current policy.
"POLICE&COMMUNITY PARTNERSHIPS FOR PROGRESS&E)Attachment D — Page 2 of 6
"Equal Oppodunity Employer'
g. What monitoring is done to endure the procedures are being followed?
• All reports and collection of evidence are reviewed by LPD
Supervisors, often multiple times by differing Section
Supervisors.
• Evidence collection is verified by LPD Property and Supply
personnel before it is collected and stored by their section.
h. What are the repercussions when it is discovered procedures were not
followed?
• There are a multitude of options from additional training and
coaching to informal or formal discipline.
2. Storing and Handling of Evidentiary money and property
a. What is the procedure for the receipt of evidentiary money and property by the
Property and Supply Unit?
• All evidence is handled in accordance with LPD Operational
Procedure 600-4, Handling of evidence and Property.
b. Is a receipt issued to the employee submitting the evidence to PSU?
• There is no receipt issued to the submitting Officer. The property
card for each item tagged into PSU has the submitting Officer's
printed name and signature on it.
c. How is evidence received by PSU during off hours?
• There are four locations within secure LPD buildings that have After
Hour Rooms. These rooms themselves have security doors that can
only be accessed by an active LPD ID card. Within each of these
secure rooms, there are numerous lockers that Officers secure all
evidentially items in. These lockers are locked with pad locks that only
PSU personnel have a key for. PSU retrieves all items locked in these
lockers once a day during normal business hours of operation.
"POLICE& COMMUNITY PARTNERSHIPS FOR PROGRESS&E,Attachment D — Page 3 of 6
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• The PSU Office main entrance is secured by steel bar gate with only
key access. It is also secured by an alarm system with numerous door
and motion sensors. The office area is also secured with a separate
steel gate. The storage rooms are then secured by locked doors. The
codes for the alarm system are changed when new PSU personnel
begin the assignment.
d. How is evidence "checked out" from PSU?
• The Officer requesting the item of evidence will come to the PSU
office and request the item. The Officer will sign the items evidence
card and inform PSU what he/she needs the items for. This
information is then added to the property card and input into the PSU
Database. The Officer will then sign the property card. PSU will then
retrieve the item from the storage location and turn it over to the
requesting Officer.
i. Evidence can be checked out for the Officer to take the
item to the lab, CSI, Court, or for investigations to
prepare for an upcoming court appearance.
ii. Only LPD Officers can check out evidence from PSU.
iii. There are no time limits for items to be checked out of
PSU. PSU runs a report quarterly that shows what items
are checked out. If there are items that have been
checked out for more than 60 days, follow up is done
with the Officer that checked it out.
iv. Returned items can either be brought back up to PSU
during normal hours of operation or locked back into a
locker in one of the After Hour Rooms. These would
then be collected by PSU and returned to storage.
V. If PSU is closed, all items can be locked in a locker
within the After Hours Rooms.
e. Is a log of evidence in LPD's possession maintained?
"POLICE 8 COMMUNITY PARTNERSHIPS FOR PROGRESS 8 Attachment D — Page 4 of 6
'Equal Opportunity Employer'
• There are two methods of record keeping. There are property cards
stored in PSU. There is also an electronic record keeping database
that tracks all property in PSU custody.
i. Both logs are kept indefinitely.
ii. If the electronic database "goes down" the items can be
maintained and referenced by property cards.
iii. Sample logs (attached)
f. What are the procedures for returning evidence to its owner or destroying
evidence once the case is closed?
• Every six months a report is generated by the PSU data base for all
cases. A disposition sheet is then generated for the Officer in charge
of the case that lists all items associated with the case. The Officer
must review that case and its status in the court system. If the case is
closed all items can be returned, destroyed, or kept for other pending
cases involving the accused.
i. If any evidence is "forfeited" by LPD it can be sold at
auction. Money from the sale of these items is
deposited into the City's General Fund. If the item
forfeited is currency, it will be deposited into the General
Fund.
"POLICE& COMMUNITY PARTNERSHIPS FOR PROGRESS&E Attachment D — Page 5 of 6
"Equal Oppodunlly E nployer'
GUIDELINES FOR SUBMITTING NARCOTIC EVIDENCE
1. Heat seal KAPAK's should be used for narcotics and dried marijuana. Wet
(or fresh) marijuana should go in a paper container.
2. DO NOT put loose drugs in the KAPAK's, especially powder or crack cocaine.
If the evidence is already packaged in a clear wrapper (like a small Ziploc
baggie or clear plastic wrap), then place it in the KAPAK. If it is in a wrapper
that is not clear (like a paper bindle) you should place it into a clear
package, like a small Ziploc baggie. When using the smaller 6.5" x 8"
KAPAK's, please place it into a larger 10"x12" KAPAK. This will prevent the
smaller bags from getting misplaced or lost.
3. Heat seal the open end of the bag as close to the edge as you can (the lab
will open the bag on the opposite end and will need the extra room to put
the original seal inside and then heat seal it with their unique seal). After
heat sealing the bag, put your completed EVIDENCE sticker over your heat
seal.
4. When you are filling out the "Request for Laboratory Examination" form,
you do not have to write in the County code, Jurisdiction number, or LPD's
address/telephone since that is in their computer. It is very important that
you fill in the "Evidence Delivered by" box with the name of the officer who
actually brought the dope/evidence to the lab. They should send the lab
report to Special Operations. The lab also needs the LPD complaint number
(agency incident number) filled in and the type of analysis being requested.
Fill in all of the accused information in the "suspect" section near the
bottom of the page. If you have a SID#from the accused's CCH, please fill
that in as it helps the lab match up the accused.
5. Staple the "Request for Laboratory Examination" to the package of drugs so
that there is no mistaking which case the sheet is for. Staple it on the edge
of the heat seal or the bag, making sure not to put the staple through the
actual evidence.
6. If you separate out the baggies from the dope and submit the baggies for
prints, place them in a paper bag or envelope rather than a heat seal bag.
The reason for this is that the plastics rub against each -�L— ..__J — - -"
the prints. Attachment D — Page 6 of 6