President's Message
by Sgt. Rick Igou, Independence Police Department

Law Enforcement has gone through many changes over the years. Most of the recent changes have been due to training and equipment improvements, which we can all agree have benefited our profession.

 There is another area of law enforcement that is also changing, but it is harder to measure. I am talking about the quality of people in Law Enforcement. Hiring practices such as the testing, interviewing, background checks, and psychological testing have all improved to ensure those entering Law Enforcement are well suited for this profession. No one section is more important than the other, it is only when all pieces of the puzzle are compared to each other that we know a person is likely to succeed at this profession.

 I hate to use the word professionalism as a catch phrase to describe law enforcement because I think it is sometimes overused and under-defined, but the goal of professionalism among all of us is something to strive for.

 There are thousands of good people wearing a badge and doing their part to protect the citizens of Oregon. Each of these people at one time went through a hiring process and were selected because of the abilities they displayed. I think each of us should take a moment to remember the answers we gave to the oral board when asked, “Why do you want to be a (policeman, corrections officer, probation officer, dispatcher, etc)?” Is the answer you gave then still the way you believe today? If not, have you forgotten why you chose this profession?

I say this for a couple reasons. First and foremost, I have respect for those persons that have served before me. The senior officer out there that has worked years and years trying to make their community a better place. The Chief or Sheriff who worked their way up through the ranks so that they could make policy that benefits both the community and the employee. I truly believe that those people with the time earned hash marks on their sleeve are the backbone of any agency. I also admire the youthful energy, enthusiasm, and desire of the newest officers. Although there are many experiences they have yet to encounter, the newest officers hired today are better capable of facing these new experiences and challenges. Training is not a substitute for experience in many cases, but the quality of training received by new officers does help them become better prepared (mentally, physically, and tactically).

 I encountered a person a few years back that was preparing to retire after 25 years of law enforcement experience. This person (sorry no names) still had a basic certificate from DPSST. I wondered many times why they entered this profession because they obviously allowed all those years to go by without setting any goals to improve their training, knowledge, or skill level. Yes, they had 25 years of experience, which by itself is a great thing, but what I am talking about is much deeper than just longevity. I am talking about taking steps to improve yourself, your department, and your profession.

 I encourage everyone to make the most of your time in this career. We all start out the same way. The true test is how we end our career and what we accomplished during the years we had. Set goals for yourself. Make a plan to do something to improve yourself, your department and your profession.

 For those of you working with an agency that does not offer much training or opportunity - do not use that as an excuse. There are plenty of people that have worked in those types of agencies that have found a way to improve. Stop worrying about compensation and employee contracts and start thinking about what you can do to improve yourself, your agency, and your profession.

 I applaud those people across the state who take the time to make a difference. Sometime it takes a lot of effort for just a little reward, but the reward will come in many different forms. Just promise that you will not be the person that retires after 25 years only to realize you do not have anything to be proud of. As I said in my last message and I would like to say again here; this is more than just a “job,” it is a profession - so treat it like one.  

In my experience most people in Law Enforcement do many wonderful things to improve themselves, their departments, and this profession. My message is, if you’ve not set goals, do it; if you have set goals and have not achieved them yet, now is the time.

 Administrators, look within your organization and see who might need some help in setting goals and or finding a way they can improve. We are all in this together and only together can we make a difference.

Technology Impact on Property and Evidence Management

By Shannon Turner and Lt. Derek Webster,

Covina Police Dept.

Recent advancements in technology have made a stunning impact on law enforcement. For example, with the advancement of DNA technology, we are able to solve decades-old cases and put to rest the questions that seemed unanswerable in the past.

We routinely utilize technology to process our crime scenes, and in turn use state-of-the-art forensic capabilities in our crime labs to analyze evidence. Some agencies have progressed faster than others.

The following case study details how one agency has utilized advanced technology to increase the efficiency and integrity of their evidence units.

Dearborn Heights, Michigan

The Dearborn Heights Police Department in Michigan modernized their evidence management system when they move to a new public safety facility in the fall of 2003. 

Prior to writing an in-house system in 1999 they used a DOS based database.  The 1999 application provided basic evidence management functionality. However, it did not provide some of the essential elements of an effective evidence management system such as producing unalterable chain of custody and automated audit reports.

The property officer, Cpl. Derral Wiatr, a 17-year veteran of the department, was tasked with the job of finding an evidence management system with barcode capabilities that would provide all the functionality that they had identified as needed in a new system.  The department purchased EvidenceOnQ an evidence management system designed by FileOnQ of Seattle, WA.

Cpl. Wiatr explains “I found the system to be very user friendly. Instead of having to follow a preprogrammed system, I was able to design the evidence screen to fit my needs. It's extremely flexible; I can change it at any time.”

The import/export feature of the system also provided the capability to transfer all of the data from their in-house database into their new barcode system. Approximately 12,000 evidence entries were imported, eliminating the need to work from two systems or re-enter the data from the old system into the new one.

High quality printers were included with the evidence system. “I wanted to print my own barcode labels rather than have pre-printed labels,” explained Cpl. Wiatr. “The system allows me to custom design barcode labels to include the specific information I need.”  The barcode won't fade over time or tear from handling.  

The new evidence management system has greatly increased the efficiency of the Dearborn Heights evidence unit. Items can be retrieved and transferred quickly by simply scanning the barcode on the evidence item and then scanning the location barcode. A location can be a person, a place (such as a crime lab or courtroom), or box (that can also be transferred). The chain of custody for that item is automatically updated and stands solid in court.

“The system has allowed us to become almost paperless”, Cpl. Wiatr stated. “With the electronic signature pad, an individual can sign for evidence and the signature is electronically captured and made a part of the chain of custody. This feature has eliminated the overwhelming amount paper and evidence cards we used to shuffle previously.”

The technological advances in the new evidence management system have given the Dearborn Heights Police Department the confidence, security and integrity they needed to properly manage their evidence unit. This, in turn, has increased the overall efficiency of patrol and investigations.

Shannon Turner worked in the criminal justice system in Washington State for 23 years; 10 years as a police evidence technician.  She has provided evidence management training for several police agencies.  Shannon is now the Evidence Specialist with FileOnQ. Contact EvidenceOnQ Property & Evidence Management Systems at  www.EvidenceOnQ.com or by calling (800) 603-6802.

 PUBLIC SERVICE AWARD

Sergeant Ed Mura, Clackamas County Sheriff's Office

 Sgt. Mura began his work with the Clackamas County Sheriff's Office in November 1982 as a Reserve Deputy Sheriff.  In July 1986 Sgt. Mura became a Deputy Sheriff and in 1991 Sgt. Mura was promoted to the rank of Sergeant.  For a nine-month period in 2003 Sgt. Mura served as acting Lieutenant in charge of detectives.

 Sgt. Mura has served as the fleet manager and was the driving force behind the take-home car policy for his agency.  Sgt. Mura has sat on the Accident Review Board, the Safety Committee, the Shooting Review Board, as well as several interview panels for the sheriff's office and other departments.  During his assignment to detectives Sgt. Mura supervised the Major Crimes Unit, Criminal Investigations, Domestic Violence Enhanced Response Team, Crime Scene Investigations Unit, Forensic Artist and the Interagency Homicide Team.  Sgt. Mura is also responsible for all aspects of the current detective testing process for his agency. 

In 2003 Sgt. Mura received a commendation from the National Family Violence Apprehension Detail for his organizational skills, leadership, mentoring of staff and his sense of humor.  In December of 2003 Sgt. Mura received a commendation from the F.B.I. for assistance in the identification and apprehension of a convicted bank robber. 

 The Oregon Peace Officer's Association proudly presented Sgt. Ed Mura with the Public Service Award.

PUBLIC SERVICE AWARD

Detective Eric Altman, Oregon State Police

 Detective Altman has been with the Oregon State Police for seventeen years and  has had a variety of assignments during his career.

Detective Altman is highly respected and has a stellar reputation among members of the Criminal Justice System.  During difficult budget times, Detective Altman has continued to ensure that critical public safety matters were addressed properly.  Of special note during the past year were two successful cases in which Detective Altman was the primary investigator. 

 One case involved the remains of a 73-year-old woman, missing from Columbia County since May, 2002 were found in February, 2004 and determined to be a homicide. Detective Altman was the investigator and responsible for the arrest. 

 The second case is a Racketeering investigation that was based in the Portland metropolitan area, but had national implications. Detective Altman was the primary investigator of an interagency team formed from local, state and federal law enforcement agencies.  The team investigated allegations of false applications for Oregon driver licenses in the Oregon Department of Motor Vehicle Third Party Testing Program.  As a result of this investigation this program was suspended in November 2003. 

  To date the investigation has resulted in the arrests of 9 persons and the seizure of over 1 million dollars.  The case fell under the Oregon Racketeering statute.  The implications of this investigation were not limited to persons operating motor vehicles with a falsely applied for Oregon Drivers license.  More serious issues included Identity Theft, as well as compromising the integrity of public air transportation safety.  Detective Altman was instrumental in the successful investigation of this case.

 The Oregon Peace Officers' Association proudly presented Detective Eric Altman with the Public Service Award.

The  Property Room

OAR and ORS  Pertaining to Law Enforcement Property

By Wendy Svaren, Lake Oswego Police Department Evidence Officers OAPEO

I frequently receive inquires from law enforcement personnel.  The questions range from how long do you have to hold property and under what statutory authority? What is the retention period on CRI/body wire tapes? Are most departments tracing seized firearms through ATF? How are you disposing of your ammunition, and is anyone turning in an unclaimed property report to Division of State Lands?   The good news here is that our subchapter is doing just what we set out to do. Helping each other find answers to these and other questions by holding meetings where we can bring common problems to the table and work through them. 

I surveyed a group of 45 evidence officers, asking them what their main concerns were in managing their evidence rooms.  The top three contenders were Oregon Laws applicable to property & evidence, purging processes for guns & narcotics and standard procedures for day-to-day operations.  These were followed by requests for more information on storage of DNA evidence, how to get dispositions from the courts and obtaining officer cooperation in regards to proper packaging and filling out paperwork. Here I will focus on “evidence” retention, and show where to find information that may help in building your retention schedule. 

Law Enforcement agencies are bound by law to protect property that comes into their custody. ORS. 133.537; an agency that seizes property shall take reasonable steps to safeguard that property from loss, damage and deterioration.  There are a lot of variables that go into making a decision as to how long you have to keep property.  First it will depend on whether you have found property, property for safekeeping or actual evidence in a criminal case.  Laws are open for interpretation; when setting up policy regarding disposal of law enforcement held property it is always a good idea to meet with your city attorney or county council for their input.  It is never a good idea to implement any policy or procedure without your supervisor's knowledge and approval.

Let's start at the beginning with the most frequently asked question.  How long do you have to hold property?

For evidence you will need to review ORS 131.125 Time Limitations.  Oregon Statute of Limitations for most felonies is three years, two years for most misdemeanors and six months for violations.  Be careful!  There is a list of felonies that carry a longer time limit.  A prosecution for arson in any degree may be commenced within six years after the commission of the crime.  Charges of rape, sodomy, sexual abuse and prostitution all hold longer time limits. There is a list of misdemeanors that may be commenced within four years after the commission of the crime. With the progress in DNA examinations a prosecution for rape in the first or second degree or sodomy in the first or second degree may be commenced within 12 years after the commission of the crime if the defendant is identified after the period described in subsection (2) on the basis of DNA sample comparisons. The point here is to become very familiar with ORS 131.125.  Build your purging policies and procedures around this statute and ALWAYS get approval from your supervisor before implementing. 

If the crime is unsolved you will most likely need to hold for the statute of limitations. If the prosecuting attorney has determined that no charges will be filed on the case do you still need to hold the evidence?  Say you are holding a coat from a shop lift at the local grocery store.  The suspect left it behind and the officer brought it in as evidence.  Do you need to hold for the 2-year statute of limitations?  Is the officer actively working the case, how much room do you have to store cold misdemeanor cases?   I am not saying you should dispose of it but it could be reviewed for possible disposal.  Would a photograph in the case file work for situations such as this?  This is where a good purging policy is needed to run an efficient evidence room.  If you review these types of cases it will leave you more room and time for the cases that are being actively investigated and prosecuted. Your department along with advice from your prosecuting attorney's office should set up a purging policy using ORS 131.125 as a guideline.  The property officer should never be the one making the final decision to dispose of property.  This should come from the case officer and/or the prosecutor's office.  The property officer may do the research to determine if the case has been adjudicated and ready for disposal but the officer or detective should be the one authorizing final disposal.

Next step in setting up a holding pattern for your evidence is to look at Oregon Administrative Rules Chapter 166-200-0100 Police Records.  Under these rules there are minimum retention periods for items that we may have in our property rooms.  For instance latent prints (cards) found at crime scenes without identification of suspects are to be held for:

(a) Cases involving crimes with no statute of limitations: 75 years after case is closed

(b) All other cases: 1 year after the statute of limitations expires

Other items you may have in your evidence rooms that have specific OAR retention criteria would be items listed under OAR 166-200-0100 (30) “Incident Case Files” to include photographs, fingerprint cards and  DUII test records.  If you hold evidence related to internal investigations you should review section (40) Internal Investigations Case Files.

‘How long do we hold recordings from body wires?  I heard it was 10 years” 

I researched this one and found that under ORS 133.729 it states that; They shall not be destroyed before the expiration of the minimum retention period set by the State Court Administrator under ORS 8.125".  The answer is in the Oregon Judicial Department, State Trial Court Records; section 2.510.  In this section it states that retention requirement for recordings of actual communications intercepted is 10 years.  All these years I have been hearing this and I have finally found it in writing!

The Evidence Officer's subchapter was organized in an effort to educate the law enforcement community on how to manage their evidence inventory in a safe and efficient manner while adhering to statutory and administrative rules from a variety of government authorities. If you are interested in a list of Oregon Revised Statutes pertaining to property and evidence or an example of an evidence retention schedule  please  e-mail me and I will get one to you.  Wendy Svaren Svaren@ci.oswego.or.us

 Beware of the hidden compartment found in some brands of running shoes. A cuff key or a razor blade can be concealed and easily accessed from the “cuff behind the back” position.