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Evidence Room News
by Wendy Svaren, Lake Oswego Police Department
Historically, the evidence room has been an area where items were
taken for storage and not a lot of attention was paid to how it was
stored or who was in charge of storing that evidence. The property
officer holds one of the most unglamorous jobs within the law
enforcement profession. Yet they can bring down a police department
before the PIO has been notified that, "the media is in the lobby."
Managing a property room is not a job that most patrol officers
or investigators have had their sights on. They did not attend the
academy to learn how to manage an evidence room. In fact, most
police academies do not offer courses on property and evidence
management. Unfortunately officers assigned to this task were those
who just could not seem to make it in other areas of the department.
Managing a property room can be difficult because it has so many
different functions. Property must be logged in, packaged properly,
marked and stored. Every time that piece of evidence moves the
chain-of-custody must be maintained. Evidence officers record who
took it and why, where it went, when it was returned and by whom.
Finally, each piece of evidence must be properly disposed of when a
case is finished. This could mean hundreds of items from just one
seizure. Property rooms should also be inventoried periodically to
insure that items are not missing and procedures are being followed.
In recent years attitudes have taken a drastic change in regards
to property room management. Some of the most notorious criminal
trials in American history have been played out on every television
set across the country. With this, it has become very apparent that
if we don't clean house and pay attention to how evidence is being
processed and maintained, we should expect to be the focus of
internal investigations, queries from investigative reporters and
certain embarrassment to the department. Today's media climate does
not favor ignoring mistakes-no matter who is at fault. Problems
exposed by the media could cost the police chief and all others
involved his or her job.
We can no longer package evidence in the first paper bag we find
at the scene. We must log, track, store and inventory evidence in a
manner that will hold up under sometimes difficult cross
examinations by a defense attorney looking for that one area where
we failed to follow procedure.
Why has chain of custody become so important? Because guilty
suspects are being set free on procedural errors, police chiefs and
officers are loosing their jobs and police departments are being
embarrassed in high profile cases where evidence was handled
improperly.
If you look at criminal defense in stages you may see what
Burbank Police Captain Gordon Bowers describes as the three eras of
legal defense:
Defense Era One: The Crime: The initial Defense Era was based
upon the need to counter the claims of the prosecution. The primary
prosecution question was, "Can we prove the defendant guilty?" The
ideal defense outcome was to prove the innocence of the defendant.
The strategy in that era was to either prove another person
committed the crime, or to throw suspicion on another person so
heavily that it created reasonable doubt in the minds of the jury.
Defense Era Two: The Search: With the establishment and expansion
of the Exclusionary Rule came Defense Era Two. The primary
prosecution question became, "Can we prove the evidence was lawfully
obtained?" The direction of the defense seemed to change towards
that of proving the evidence inadmissible, whether the defendant was
guilty or not. The ideal defense outcome was a ruling of evidentiary
inadmissibility. This was especially true in narcotics cases,
because in those cases such a decision almost always resulted in the
dismissal of charges.
Defense Era Three: The Chain: A new era is emerging. Having
passed the stage of experimentation, it is moving to the forefront
in courtrooms across the country. With the chain-of-custody at
stake, the primary prosecution question becomes, "Can the validity
and sanctity of the evidence be proven?" The ideal defense outcome
is to produce a question in the minds of the jury as to whether the
evidence has been, OR COULD HAVE BEEN tampered with or contaminated.
Like Defense Era Two, it begs the questions of guilt, but instead of
attacking admissibility through search and seizure issues, it
attacks the evidence's chain-of-custody.
I would suggest that the only response, which will ensure the
admissibility of evidence when its chain-of-custody has been
attacked, is to provide proof that the evidence has not been altered
or contaminated. A successful and efficient property management
system must develop and maintain strict procedures on the handling,
security and disposition of property. Your property and evidence
personnel should be trained professionals that understand the
position and have not been placed there because they could not
function in other areas.
Bottom line is PAY ATTENTION to what is going on in your evidence
room. Have policy and procedures in place to protect you and your
department should a question arise as to how your department handles
property and evidence.
The Oregon Association for Property & Evidence Officers, a
subchapter of OPOA was organized in an effort to educate the Oregon
Law Enforcement community on how to manage an evidence room and
avoid mistakes that could cause your department and community
embarrassment. Please contact us with any questions or comments.
For more information about the Oregon Association for Property &
Evidence Officers, contact OAPEO President Wendy Svaren, Lake Oswego
Police Department, P.O. Box 369, Lake Oswego, Oregon 97034, or at
svaren@ci.oswego.or.us.
ATF Gun
Identification and Latent Print ID Training
Sponsored by Oregon Association of Property and Evidence
Officers and Eugene Police Department, November 6, 2003
9am-3:30pm, at the Eugene Police Department Training Facility 1705
W. 2nd Avenue, Eugene, Oregon. The cost is $10 for OAPEO members and
$30 for non-members ($20 will pay membership).
The ATF portion will be presented by Special Agent Cheryl Glenn.
It will include the tracing of firearms, legal issues with releasing
firearms and locating serial numbers. Latent print ID will be
presented by an examiner from Marion County SO, and will include
identifying a valuable print and procedures for developing prints in
the field.
To register or for additional information, contact Laurie Blomme
(541) 682-2876 or email
laurie.l.blomme@ci.eugene.or.us Make checks
payable to OAPEO and mail to Eugene PD, Attn: Laurie Blomme 777
Pearl Street, Room 107 Eugene, OR 97401.
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Child Abuse - Sex Crimes Subchapter
The mission of the Oregon Child Abuse - Sex Crimes Association is to
provide professional training, information sharing and consultations
in the area of child abuse and sex crimes investigations, and to
recognize significant contributions in the areas of child abuse and
sex crimes investigations.
The Child Abuse - Sex Crimes Association meets annually in
conjunction with the OPOA conference, and in conjunction with the
SCAR Symposium in Eugene: Western Regional Symposium on Child Abuse
and Sexual Assault, "Creating a Violence Free World For Our
Children" November 5 - 7, 2003 at the Valley River Inn in Eugene,
OR.
The Child Abuse - Sex Crimes Subchapter sponsors the MDT Awards
Luncheon on Tuesday, November 4 from 12-1:30 PM.
For additional information on the conference, please contact
susiej@scar-jaspermtn.org,
or visit
www.scar-jaspermtn.org.
Oregon Background Investigators
Association
OBIA is a Subchapter of the OPOA and has an email group that is
available to all background investigators. It can be used to share
or obtain information about the subjects of your investigations and
to learn more about the resources available to use in conducting a
background investigation. If you are not on the email list, contact
Bob Keyser at 503-649-4948 or b.keyser@verizon.net and he'll make
sure you are added to the group.
By the time you read this an excellent seminar will have been
completed. True Lies: Detecting Deception held on September
20 in Salem emphasized learning to analyze statements, body language
and what is not said in a conversation. This course provided insight
into the world of deception. The instructor was Capt. Joe Peckett.
Background investigators from around the state will benefit from
an upcoming workshop on "Basic Background Investigations"
hosted by: Redmond Police Department, Redmond OR, on October 20-22,
2003. The cost is $100. The instructors are retired Sgt. Jerry
Johnson, Douglas Co. SO and retired Sgt. Tom Mason, Eugene Police
Department. Class size is limited to 30.
This course will cover the need for background investigators,
applicant phases, information sources, background interviews,
federal guidelines, discrepancy interviews, and legal aspects. All
class reference material is included. Lodging and meals are the
responsibility of the student.
Contact: Anita at Redmond Police Department for registration and
lodging information (541) 504-3403.
For more information about the Oregon Background Investigators
Association contact Bob Keyser, President at 503-649-4948 or e-mail
at b.keyser@verizon.net. |
Robbery /Homicide Investigators
Subchapter The Robbery/Homicide Investigators Subchapter
has members from all over the state. It sponsors its annual training
each year in conjunction with the OPOA training conference in May.
For more information contact Subchapter President Detective Sally
Jo Donahue, Linn County SO,1115 Jackson St. SE Albany, OR 97321 ,
(541) 967-3950.
Reserve Officers Subchapter
Oregon Association of Reserve Peace Officers (OARPO) was
conceived by then Reserve Commander Frank Grace with the Gladstone
Police Department. Frank saw the need for reserve organizations to
share ideas and resources. The group started as an informal
gathering of representatives from various agencies, primarily in the
Portland area. From his small initial group, grew the idea of a
larger organization that could eventually involve agencies from
across the state. After a series of meetings OARPO was created as a
subchapter of the Oregon Peace Officers Association.
Frank Grace has gone on to become the chief of the Gladstone
Police Department. OARPO has continued to develop. While a majority
of the membership is from the North Willamette Valley, there is
representation from as far east as Baker City, and as far south as
Medford.
OARPO has tried to focus on the needs of the Reserve Officer.
Interdepartmental training has been the main thrust. OARPO has held
classes on terrorism, patrol procedures, high risk stops, and EVOC.
OARPO is not a union, and does not try to serve as a bargaining
unit.
We have helped sponsor legislature that would clarify the
definition of a Reserve Officer. It did not make it out of
legislative committee. We have discussed the possibility of
developing a legal assistance program for Reserve Officers that may
encounter situations where representation may be necessary. We are
looking for ways to fund such a program, but to date this has been
cost prohibitive.
The Board of OARPO is made up a mixture of reserve and regular
officers, giving a balance of perspective. Tom Freedland, Reserve
Lieutenant with Tigard Police, is the current president.
For more information, e-mail
OARPO@hotmail.com.
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The following accounts
are just some of the awards presented at the annual awards banquet
in Bend, on May 9, 2003. The Oregon Peace Officer
prints these accounts to remind us that everyday men and women in
the law enforcement community commit acts of bravery, valor and
honor. They serve their communities and their fellow officers
oftentimes without regard for their own well-being. We honor
and salute them.
See the
Summer 2003 Newsletter for more
accounts.
See a
complete list of the 2002
Awards Recipients and
2003 Awards Recipients
Public Service Award
Deputy Pete Penzenik, Deschutes County Sheriffs Office
Deputy Penzenik is a 20 year veteran, and has approached each day
with honesty, integrity, and fairness in mind. He also is a deputy
that can be routinely counted on to do his fair share of work, and
more.
He is not only popular in the patrol district of LaPine, Oregon,
but has also created an image in his rural area as an honest
officer, and the residents know they will be treated fairly.
Deputy Penzenik can routinely be found donating his off duty time
by volunteering - from distributing Christmas baskets to seniors in
his area, to gaining grants to pick up old tires and trash, and
volunteering at other numerous local functions. Deputy Penzenik
provides (or something similar) an excellent example of doing the
right thing when no one is watching, and he treats his fellow man
with equal respect regardless of who they are or how they are
perceived.
The Oregon Peace Officers Association presented Deputy Pete
Penzenik the Public Service Award.
Life Saving Award
Lieutenant Bob
Wittwer, Bend Police Department
Officer Clint
Burleigh, Bend Police Department
Officer Stephen Craig,
Bend Police Department
On November 7, 2002, at 5:31 p.m., Officers Clint Burleigh and
Stephen Craig responded to a call of a man who was complaining of
chest pain, then passing out.
When they arrived, they found the man
passed out on the kitchen floor not breathing, no pulse, and turning
blue. Officers Burleigh and Craig immediately started CPR. A few
minutes later Lieutenant Bob Wittwer arrived with the Automated
External Defibrillator (AED). Lt. Wittwer defibrillated the patient
and Officers Burleigh and Craig continued the CPR as needed until
the medical help arrived.
The patient was transported to the hospital, where he was
reported in satisfactory condition.
The Oregon Peace Officers Association presented Lieutenant Bob
Wittwer, Officer Clint Burleigh, and Officer Stephen Craig the Life
Saving Award.
Life Saving Award
Deputy Dave Wagner, Marion County Sheriffs Office
On July 10, 2002, Deputy Wagner responded to an Attempted Suicide
call. Deputy Wagner located the distraught male who had ingested
several industrial nails, as well as cut his own throat and wrist.
Deputy Wagner immediately covered the wounds and applied direct
pressure on the throat wound until paramedics arrived. The subject
was taken to the hospital where these life-threatening wounds were
treated.
The attending physician stated that the incident would have
proven fatal to the individual had it not have been for the quick
and decisive action of Deputy Wagner.
The Oregon Peace Officers Association presented Officer Dave
Wagner the Life Saving Award. |
Life Saving Award
Sergeant Don Sweet, Marion County Sheriffs Office
Deputy Tyler Chapman,
Marion County Sheriffs Office
Former Deputy Tina
Boak, Marion County Sheriffs Office
On July 7, 2002, Sergeant Sweet, Deputy Chapman, and former
Deputy Boak responded to an Attempted Suicide call. Upon arrival,
the three deputies approached the house and saw through the garage
window a vehicle running, and the victim lying unconscious on the
floor.
A small window was broken out to gain access, and Deputy Boak
entered the garage to open the door and check the vital signs of the
victim. Sergeant Sweet and Deputy Chapman pulled the victim out of
the garage and once the victim was in the fresh air, he began to
breathe again.
The Oregon Peace Officers Association presented Sergeant Don
Sweet, Deputy Tyler Chapman, and Former Deputy Tina Boak the Life
Saving Award.
Life Saving Award
Corporal Gary Paige, Pendleton Police Department
On July 25, 2002, at approximately 3:06 a.m. Corporal Gary Paige,
on routine patrol in the city of Pendleton, noticed a garage
engulfed in flames. Corporal Paige quickly notified dispatch,
requesting fire and ambulance.
Corporal Paige then approached the adjoining residence to the
burning garage, where he awoke a juvenile female, and was advised
that there were more people inside the residence sleeping. As
Corporal Paige entered the residence in an attempt to locate the
sleeping occupants, the east side of the residence began to burn,
causing the interior to fill with smoke. Disregarding his own safety, Corporal Paige went
on to locate one additional juvenile and two adults sleeping inside
the residence.
Corporal Paige ushered the subjects out of the residence, then
awoke the neighbors on each side of the burning residence. All of
the subjects were escorted to safety as the garage exploded, causing
the fire to spread to surrounding vehicles.
Corporal Paige's professionalism and bravery saved the lives of
several citizens that night.
The Oregon Peace Officers Association presented Corporal Gary
Paige the Life Saving Award.
Life Saving Award
Parole & Probation Officers Keith Cordell and John Skourup,
Douglas County Adult Parole & Probation
On January 13, 2003, Officers Skourup and Keith Cordell went to a
residence to do a supervised home visit. When they knocked at the
door they heard a moaning sound from inside. Fearing a health
problem, Officer Skourup obtained a pass key to enter the room.
Entering, they observed the subject lying on the floor, unclothed,
and unable to move. The subject was incoherent, and had no idea
where he was. Establishing that the subject was in grave medical
distress, medical personnel were summoned to the scene.
It was determined that the subject's blood sugar was nearly 7
times that of a normal person and he was experiencing a severe
diabetic reaction. The subject was transported to the hospital,
where he lapsed into a diabetic coma. The subject is out of the
coma, but is still in the hospital and will be going to Massachusetts near his
family to continue in his recovery.
Had it not have been for the alert reactions of Officers Keith
Cordell and John Skourup, the subject most possibly would have died
at the scene. The officers applied their skills with compassion and
professionalism.
The Oregon Peace Officers Association presented Officers Keith
Cordell and John Skourup the Life Saving Award.
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