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Introduction
The Haskell Police Department (Department) Policy and Procedure Manual is the guiding
philosophy for its employees as they perform their assigned tasks and responsibilities. The
Department has set high standards for its employees. It has high expectations of their
performance. The citizens of Haskell grant Department employees considerable authority to act
on their behalf in an effort to create an environment free of crime, violence, disorder, drug
abuse and the fear accompanying these conditions.
Employees are expected to conduct themselves, both in interactions with the public and with
one another, in a manner that conveys respect, honesty, integrity and dedication to public
service. In turn, employees should be treated fairly, honestly and respectfully by everyone in
the Department regardless of authority, rank or position within the organization.
Adoption of Manual
Manuals will be maintained so all employees have ready access to a manual while at work.
Each employee shall be issued a printed hard copy and an electronic version shall be stored in
the computer directory which is available to all employees. Employees shall be trained on
written directives prior to providing written acknowledgment indicating receipt and review of the
directives.
It is the responsibility of every employee and supervisor, if issued, to maintain their manual up
to date with all newly issued written directives.
The manual is the property of the City of Haskell and will be returned to the Department upon
termination of employment with the Department.
Format
The policy manual shall contain the following for clarification and easy access:
A. Table of Contents
B. Index
The policy manual shall have a standardized header format containing the following:
A. Law Enforcement Identification
B. Reference number
C. Subject Content
D. Date of Issuance
E. Best Practice Reference
Written Directives


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The Chief of Police shall be directly responsible to the Director of Public Safety for the proper
administration of the Department, including the development or formation of written directives.
Written directives are communication that contains directive, advisory or informative matter for
employees. Directives may come in several forms: memoranda, policies, rules and regulations,
standard operation procedures and special orders. This document defines the uses of each of
these directives, restricts the authority to issue and provides for distribution to help ensure
personnel affected by a directive become familiar with its contents.
The Chief of Police and the Director, or their designee, shall be responsible for periodically
reviewing, revising and updating the manual as needed. This written directive system will
include all Department policies, procedures and rules and regulations. The Chief of Police, or
his designee, is responsible to ensure that all written directives are in accordance with
applicable Texas law.
Memorandum
A memorandum is a formal written method of communication used to transmit information up
or down the chain of command. A memorandum may be addressed to all personnel, a small
group or to an individual. It will not be used to change or establish departmental policy,
regulation or procedure.
Policies
Policies are guiding principles and philosophies from which each individual can understand their
place within the organization and can direct their activities and attitudes to achieve the
Departments goals as approved by the Chief of Police.
Rules and Regulations
Rules and regulations are the most restrictive of the Departments written directives and are
written to closely regulate personnel behavior and performance. They identify things which
must be done or must not be done and thereby permit no discretion on the part of the person
governed by them as approved by the Director or Chief of Police.
Standard Operational Procedures
Standard operational procedures are permanent, written directives that describe departmental
programs and procedures that have application to more than one departmental program and
apply to more than one unit throughout the Department. Such orders take effect on the date
issued and remain in effect until withdrawn or modified as approved by the Chief of Police or
the Director.
Special Orders


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B

Special orders are temporary in nature and are used to immediately change or establish
procedure for specific circumstances or events. The Chief of Police, in order to change or
establish department procedure as needed, will issue a special order. As issued, a special order
must contain an expiration date and remain valid for no longer than one (1) year from the date
of issuance.
Change or Amendments
The Chief of Police, or his designee, shall be responsible for periodically reviewing, revising or
purging the departments written directives. The review shall occur at minimum when new
state laws are passed or following the Texas Legislative Session. Written directives shall only
be purged at the direction of the Chief of Police or the Director.
Any employee may suggest a change or amendment to the Policies and Procedures Manual.
The suggestion must be directed to the chairman of the Policy Review Board in writing and
must include a complete proposal and justification for change.
Adherence to Rules, Regulations, Policies and Procedures
Employees are expected to follow the rules, regulations, policies and procedures contained in
their manual as written. Employees should consider each as a directive unless they can
articulate specific circumstances that justify deviation from the rule, regulation, policy or
procedure.

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Standard of Conduct
The Law Enforcement Code of Ethics is adopted as a guiding philosophy for officers of the
Department.
Code of Ethics (TBP 2.02)
As a law enforcement officer, my fundamental duty is to serve mankind, to
safeguard lives and property, to protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful against violence or disorder
and to respect the Constitutional rights of all men to liberty, equality and justice.
I will keep my private life unsullied as an example to all, maintain courageous calm
in the face of danger, scorn or ridicule, develop self-restraint and be constantly
mindful of the welfare of others. Honest in thought and deed in both my personal
and official life, I will be exemplary in obeying the laws of the land and the
regulations of my department. Whatever I see or hear of a confidential nature or
that is confided in my official capacity will be kept ever secret unless revelation is
necessary in the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, animosities or
friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and
appropriately without fear or favor, malice or ill will, never employing unnecessary
force or violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public faith and I accept it as a
public trust to be held so long as I am true to the ethics of the police service. I will
constantly strive to achieve these objectives and ideals, dedicating myself before
God to my chosen profession Law Enforcement.
Discretion
Employees must exercise discretion in situations where their rights and liabilities and those of
the Department hinge upon an employees conduct and judgment. When exercising discretion,
an employee must be faithful to his/her oath of office, the principles of professional police
service, the goals of the Department, and in the discharge of his/her duty, must not allow
personal motives to govern decisions and conduct.
Refusal to Work
The Department will seek the removal and separation from the Department of any officer or
civilian employee who promotes or participates in any strike, work stoppage or slow down.

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Commendations
The Department expects a very high level of professional conduct from all employees; however,
members of the Department frequently perform their duties in a manner exceeding the highest
standards of the Department. Through the commendation process, the Department seeks to
provide recognition of those individuals who have brought honor to themselves and the
Department.
Discipline
The Department has the responsibility to seek out and discipline those who discredit or impair
the effective operation of the Department through personal misconduct. The rights of the
employee, as well as those of the public, must be preserved and any investigation or hearing
arising from a complaint must be conducted in an open and fair manner with the truth as its
primary objective.
Community Relations
The Department recognizes the value of positive community relations. To acquaint the public
with the law enforcement task, the Department provides various services such as public
information programs, crime prevention services, volunteer programs and various opportunities
to observe police operations.
Concealed Handgun Licenses
Persons licensed to carry a concealed handgun under Texas law will not be unnecessarily
hindered in the exercise of that privilege. At the same time, officers will continue to be vigilant
towards threats to their safety and to the safety of the public during contacts with persons who
are armed and who may or may not be committing a criminal offense. Laws pertaining to the
lawful carrying of handguns should be enforced after due consideration of the circumstances
faced by the officer.
Civil Disputes
In disputes, the Department will protect the rights of the public and the disputants by enforcing
the law and by maintaining order while remaining impartial at all times regarding the parties
and issues involved.





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C

Cooperation within the Criminal Justice System
The Department will maintain a close working relationship with all elements of the Criminal
Justice System. The cooperative and harmonious working relationships are impaired by
unnecessary criticism of others engaged in the administration of criminal justice. Officers
should be aware of its effect upon law enforcement or prosecution agencies or individual
members of the judiciary. Mutual respect and trust among criminal justice personnel is
extremely important in achieving departmental goals. The prime beneficiary of the criminal
justice system is the public served.

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Priority of Calls for Service
Priority of call assignment depends on many factors and is normally the responsibility of
Communication personnel to make such assignments. However, an officer in the field may be
required to decide whether to continue on an assigned call, a nearby priority event or other
observed situation that would cause the call to be reassigned.
Informants
The use of informants is a basic weapon in the fight against crime. Informants are judicially
recognized sources of information. An informants motivation and welfare should be carefully
evaluated in determining the extent upon which the information is used.
Undercover Operations
In order to obtain information and evidence regarding criminal activities, it may be necessary
for the Department to utilize undercover officers.
Traffic Enforcement
The traffic enforcement goal of the Department is to reduce traffic accidents and injuries and to
facilitate the safe and expeditious flow of vehicle and pedestrian traffic through the publics
voluntary compliance with traffic regulations. The Department seeks to achieve this through a
combination of education and enforcement.
Juvenile Operations
The Department is committed to the provision of care, protection and the wholesome, moral,
mental and physical development of children coming within its jurisdiction and control. An
equally strong commitment exists within the Department to provide for the welfare of the
community and the protection of the citizens of Haskell by controlling the commission of
unlawful acts by children. The Department is committed to the prevention of juvenile
delinquency through proactive educational programs and enforcement activities involving the
school system, private and government agencies and the community.
Educational Institutions
The Department will establish and maintain a high level of cooperation and interaction with all
local educational institutions.




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Licensing and Authority of Sworn Personnel
The Training Division will maintain a current copy of the TCLEOSE standards for licensing of
officers. The Training Division or person(s) designated by the Chief of Police shall carefully
review each applicants documentation to ensure minimum standards for licensing have been
met. As part of this review, it shall be determined that the applicants background investigation
reveals nothing contrary to TCLEOSE licensing standards.
Department members shall follow TCLEOSE requirements to ensure that all reports for licensing
of officers are submitted in a timely fashion.
A Peace Officer license is required prior to the enforcement of any and all laws. (TBP 1.09)
All Department personnel shall, before assuming sworn status, take and sign an oath to enforce
the laws and uphold the Constitution of the United States and the State of Texas. (TBP 2.03)
Duties and powers of sworn personnel include all authority and powers given to peace officers
of this Department are expressly detailed under sections 2.12 and 2.13 of the Texas Code of
Criminal Procedure (CCP). (TBP 1.06)

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General Provisions
Department administration is assigned the task of improving the ability of its employees to
properly perform the police function and with strengthening the relationship that exists between
all employees and the public they serve.
Command Responsibility
A division manager or patrol commander has responsibility and accountability for every aspect
of their command and, within policy guidelines and legal constraints, the authority to coordinate
and direct assigned personnel and resources in achieving organizational goals. The manager or
commander must critically evaluate all aspects of their assignment while reviewing current
policies, procedures and programs to allow their division to adjust to a changing environment
and remain effective in meeting community needs.
Concern for Employee Welfare
The nature of directing is such that there must be a coexisting loyalty to management and to
employees. The resolution of those loyalties requires the exercise of leadership in a manner
which benefits both management and individuals and which avoids conflict between the two
interests. Commanding includes a concern for the personal problems, desires and interest of
employees and positive assistance in resolving their problems or in achieving their goals.
Department Directives
In a large and complex organization, it is essential that written directives communicate desired
information to employees as accurately as possible. Directives should be well researched,
properly drafted and subjected to staff review for concurrence. A manager or commander may
issue a directive as long as it affects his/her command only and does not conflict with
Department directives.
Administration of Discipline
Discipline is used to encourage, inspire, train or impose negative sanctions. Its immediate
purpose is the channeling of individual effort into effective and productive action.
The imposition of discipline requires foresight and planning rather than mere reaction. It
involves an evaluation of the human factor which, when combined with proper training,
motivation and recognition of individual and group effort, results in self-discipline.
To be effective, discipline must not only be fair in its application, but must also follow within a
reasonable period of time, the act it is intended to correct. Disciplinary cases must be promptly
processed and resolved.


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Handicapped Employees
The Department will not discriminate against the employment or continued employment of any
person if they are otherwise qualified to perform the assigned duties. Every reasonable effort
will be made to accommodate the handicapped; however, the Department may require the
employee to furnish medical requirements for accommodation.
Contagious Diseases
The Department is concerned about and committed to a healthy working environment for its
employees. To achieve this goal, employees are provided access to appropriate equipment and
materials to prevent or minimize transmission of communicable or contagious diseases. They
will receive periodic training and information materials concerning contagious diseases, be
provided procedures and guidelines to follow when they encounter a potential exposure
situation and be provided a method to report possible job-related contact with a contagious
disease.
Recruitment
To obtain the highest caliber candidates possible, it is essential the Department participate in
the recruitment process. The Department maintains an active, formal recruitment program;
however, an officer in daily contact with the public is the Departments best recruiter. The
officers conduct, demeanor and enthusiasm, may serve to favorably impress and attract the
type of individual whom the police service needs. Because of their experience and knowledge,
officers are able to counsel persons who show an interest in law enforcement careers and to
encourage their application to the Department.
Duty Assignments
Allocation of personnel to specific assignments is made with the aim of establishing optimum
effectiveness within the Department while recognizing the needs, abilities and preferences of
individual employees.
Promotions (TBP 4.06)
The goal of the Department is to promote the most qualified personnel to positions of increased
responsibility. The Department should help in the selection process by accurately rating and
evaluating employees and candidates for promotion and by advancing those most qualified.
Promotion to sergeant and lieutenant will be based on the active Meet and Confer Agreement
between the City of Haskell and the Haskell Police Officers Association and the Texas Local
Government Code Chapter 143, Firefighters and Police Officers Civil Service Rules and
Regulations.

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Promotional Eligibility List (TBP 4.07)
Eligibility lists for sergeant and lieutenant are established by Meet and Confer and Civil Service
Rules and Regulations.
All promotional examination results and eligibility lists will remain valid for a period of one year
or until the list is exhausted, whichever comes first.
Performance Evaluations (TBP 4.08)
A. Performance evaluations for non-sworn personnel shall be conducted annually and in
accordance with city policy.
B. Performance evaluations shall be required annually on all sworn employees. Evaluations
will cover a total of a one year time period.
C. Evaluations for sworn personnel will be completed in accordance with the written
directives found in the APD Performance Evaluation guidelines.
Training of Supervision (TBP 4.09)
All supervision, regardless of rank, will be trained how to properly evaluate personnel
performance and conduct performance discussions.

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Training
The Department has an obligation to provide a professional standard of law enforcement
service to the community. In fulfilling that responsibility, it is essential that Department
personnel be properly trained. Entry level training is provided as a continuation of the selection
process and to prepare officers for police service. Refresher training and specialized training
are provided to officers to enhance their effectiveness and aid the development of specialized
skills within the framework of the police generalist. Training is provided to accommodate
Department needs and to actualize the interest and concern which the Department has for the
self-improvement and personal development of its employees.
Participation of Supervisors in Formal Training (TBP 2.16)
Supervisors will participate in the In-Service Training Program to assure policy is disseminated
as accurately as possible. This participation will also allow the Department and its employees to
benefit from the experience, knowledge and attitudes of its supervisory officers.
Encouragement to Further Education
In fulfilling its commitment to provide professional police service, the Department encourages
all employees to further their education to the highest level possible. Therefore, consistent with
its basic responsibilities, the Department cooperates with employees in arranging duty
schedules and assignments to facilitate and encourage such individual effort.
Civilian Employees
Law enforcement professionalism is enhanced when officers perform only those tasks where
there is an identified need for police knowledge and skills. The Department employs civilians in
positions where there is not a demonstrated need for specific police knowledge. This releases
officers for more traditional tasks. The use of civilians makes it possible to hire employees for
their specialized skills, thereby resulting in greater efficiency.
6 Minute Training
Each division should participate in recurring training in order to further employee development.
Non-Sworn Training (TBP 3.08)
The Department will identify any non-sworn positions, including volunteers, that require state or
agency pre-service and/or in-service training or certifications and shall provide the necessary
training.



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Non-sworn positions requiring pre-service and/or in-service training are identified as follows:
The Department Records clerk is responsible for the maintenance of the police records system
including the Uniform Crime Reporting system. A newly appointed Records clerk shall receive
training regarding the following:
A. Uniform crime reporting
B. Public notary laws
C. Texas Public Information Act
In addition to meeting the basic TCLEOSE standards to receive a basic certification, a newly
appointed Public Safety dispatcher shall receive the following training:
A. Call take
B. Fire dispatch
C. Police service
D. Police dispatch
A newly appointed employee of the Child Advocacy Center will receive the following:
A. Victim advocate training
B. CPS intake review training
C. Crisis intervention training
A newly appointed Property and Evidence technician shall attend a Property and Evidence
Inventory technician conference to receive his/her certification.

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Budget (TBP 1.02)
The budgetary process is required by the City and is an essential planning tool which enables
the Department to organize its financial resources in an objective-directed effort to derive the
maximum return for the tax dollars expended. It is the responsibility of the Director and Chief
of Police, or his designee, to prepare and manage the budget for the Department.
The Department budget represents an evaluation of relative needs within the Department
based upon quantitative and qualitative data. It involves a decision regarding objective
priorities with consideration given to the volume and type of work required and the costs
involved.
Budgeting is a continuous process, which is the responsibility of each commanding officer. It
involves the identification of objectives and determination of organizational needs based upon a
reasonable evaluation of future requirements.
The Chief of Police will communicate the organizational needs by means of budget requests.
Such requests should be limited to those items which are necessary to continue the present
standard of service, materially improve standard of service or reduce the cost of service. It is
the responsibility of the Chief of Police to weigh their needs carefully and to present budget
estimates which incorporate reasonable and economically sound requests. If an item is
requested on the basis of improving the standard of service, the justification should describe
how this objective will be reached. The request should also detail how the cost of the item will
be returned in some measurable manner.
Department Security Protocols
The Department access code, key or card which unlocks any door, will not be given to anyone
who does not work in the Department unless approved by Director or Chief of Police. Select
city employees will be given the access by Police Administration.
Only departmental employees and city employees will be allowed into secure areas of the
building unescorted. All others must have a departmental employee with them at all times both
entering and exiting a secured area, unless otherwise approved by the Chief of Police.
Spouses, relatives, friends and reporters will wait in a public area for an escort. They may
enter the secure area only after the employee they have come to see arrives to get them. That
employee will stay with them at all times until they leave the secure area.
Every employee should consider it their duty to challenge any person seen in a secure area that
they do not recognize. If the person challenged is not a departmental employee or a city
employee, they should be detained until further checking can be done.

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Temporary workers should wear visitor identification cards at all times. Civilians not in a
recognizable uniform should have their ID card visible at all times.
Secured area includes the Records section and all areas inside the department to which the
general public and other city employees do not have ready access through an unsecured door
or entrance.


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The purpose of this policy is to ensure adequate property control, accountability and a state of
operational readiness.
Definitions:
Department Owned Property/Equipment - Department owned property or equipment shall
include any property or equipment provided by the City of Haskell.
Capital Assets- all firearms owned by the Department and all items over $5,000.00 in value.
Operational Readiness - operational readiness shall include the care and cleaning, preventative
maintenance, repair, workability and responsiveness of Department owned property and
equipment.
Personally Owned Equipment - personally owned equipment shall include personal property or
equipment carried or used by Department personnel.
Policy
It is the policy of the Department to properly equip employees with the essential property or
equipment necessary for employees to perform their assigned duties in an effective, efficient
and professional manner.
The Department will provide new officers with the equipment needed to safely perform
essential patrol functions. The Department shall be responsible for procurement, requisitioning
and issuance of Department owned property issued to new officers.
An employee designated by the Chief of Police shall be responsible for procurement of
replacement uniforms. The employee will maintain a list of uniform items purchased each year
for individual officers.
Employees will be responsible for the maintenance, care and proper use of Department owned
property, equipment and supplies assigned to them. No employee shall entrust city property to
anyone to be used for any purpose, other than a legitimate law enforcement purpose, unless
approved by the Chief of Police.
Accounting for Department Owned Capital Assets (TBP 1.10)
Annually, an employee designated by the Chief of Police will be responsible for inventorying
Department owned capital property, equipment and assets, reporting in writing to the Chief of
Police the results of the inventory.
During the inventory, the employee will account for all capital assets and all firearms owned by
the Department.

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In the inventory report, the employee will list all Department owned property, equipment or
assets damaged, lost or in need of replacement.
Approval for Personally Owned Property/Equipment (TBP 1.11)
The Department provides the majority of the officers property/equipment including uniforms,
jackets, protective vests, rain gear, portable radios, electronic control device, duty weapons and
ammunition.
The Department does not accept responsibility for loss or damage of personal items such as
jewelry, designer clothing, sunglasses or other personal items.
Department Issued Property/Equipment (TBP 1.12)
All Department personnel are required to sign for any Department owned property or
equipment issued to the employee.
The Chief of Police or designee shall issue property and equipment to all new officers, keeping
an accurate inventory of Department owned property/equipment. This property inventory will
be filed in the employees personnel folder that is maintained in Police Administration.
Upon separation of employment with the city, the employee must return all department owned
property to the Chief of Police or a designee. Returned items will be compared to all property
inventories.
While a list will be maintained of issued uniform pieces, it is understood that through normal
wear items will become unserviceable. An employee will be required to turn in all serviceable
uniform items.
Employees shall be held accountable for any Department owned property assigned to them
against intentional, careless or negligent damage, destruction, loss or theft.
A. Employees must report, without delay, any damage or loss of Department owned
property to their immediate supervisor. The supervisor, in person or in writing, will
notify the Chief of Police of the circumstances.
B. If the loss, destruction or damage is due to carelessness, negligence or the intentional
abuse by and employee, corrective or disciplinary action may be warranted. The
employee may be required to reimburse the City of Haskell for the property loss.


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Commanding Officers Subject to Rules and Regulations
All commanding officers of every rank are subject to the general rules and regulations in
addition to being subject to the rules and regulations governing their command.
Command Officers / Chain of Command
A commanding officer is any officer of the Department designated by the Chief of Police to
exercise command. In the absence of any commanding officer where other provisions have
not been made, the senior officer/supervisor assumes command. Where no supervisory officer
is present, responsibility of command will fall upon the senior officer. This senior officer or
supervisor will retain responsibility of command until command of the case or situation is
relinquished to a specialized division.
Officers are required to follow the chain of command when engaged in official duties such as
obeying orders, filing/responding to complaints or seeking resolution on grievances. An officer
may skip one level of the chain of command only when the immediate supervisor(s) is/are the
source of complaint or grievance. An officers chain of command is defined, starting at the
lowest level to the top, as:
A. First line supervisor
B. Captain
C. Chief of Police
D. Director of Public Safety
Responsibility of Commanding Officers
Commanding officers are responsible for:
A. The enforcement of all laws and ordinances within the jurisdiction of their command and
for the good order, efficiency and discipline of the personnel under their command.
They will see that each member is provided with a copy of these rules and procedures.
They will ensure each officer is properly instructed as to their duties so as to perform
them in a manner which renders effective police service.
B. Properly preparing, transmitting, filing, using and preserving official records, reports,
returns, forms and correspondence originating in or forwarded to their command.
C. The careful daily examination of all properly made records required to be kept by their
command in conforming with the rules, regulations and operations procedures.
D. The good order and sanitary condition of the buildings/vehicles within their command, to
include the furnishings and equipment therein.
E. The property issued for, or assigned to, officers of their command and the proper care,
economical use and serviceability thereof.


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>

F. The discipline, morale, training, uniformity, efficiency and compliance with all orders,
rules and regulations of employees of the Department.
G. Resources at a call for service or situation which they have the authority to direct or
effect the outcome.
H. Community policing and geographical command as directed by the Chief of Police or his
designee.
I. Supporting all goals and objectives articulated in the Departments Strategic Business
Plan; and
J. Working cooperatively with media partners to accomplish mutual goals.

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Violations of Written Directives
Employees are governed by the applicable Local Government Code, the regulations established
by the Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE),
the City of Haskell Policies and Procedures Manual and the written directives contained in this
manual. Violations by any employee of any of these written directives may be considered just
cause for disciplinary actions such as reprimand, suspension, demotion or dismissal.
Abide by Laws
Employees of the Department shall abide by the laws of the United States, the State of Texas
and the ordinances of the City of Haskell. This shall include all personnel whether on-duty or
off-duty.
Obey Orders (TBP 1.08)
Employees shall obey all lawful orders and directions given by a supervisory officer. Such
response shall be prompt and willing.
Insubordination
The failure or deliberate refusal of any employee to obey any lawful order given by any
supervisory officer shall be deemed insubordination. Disregarding the authority of any
supervisory officer by obvious disrespect or by disputing their orders shall likewise be deemed
insubordination.
Manner of Issuing Orders
Orders from supervisors to subordinates shall be in clear, understandable language, civil in tone
and issued pursuant to departmental business.
Unlawful Orders Prohibited
No commanding or supervisory officer shall knowingly or willingly issue any order that is a
violation of any law, ordinance or departmental rule.
Obedience to Unlawful Orders
Employees are not required to obey any order which is contrary to the laws of the United
States, the State of Texas or the ordinances of the City of Haskell. Such refusal to obey,
however, is the employees responsibility and the employee shall be strictly required to justify
their actions.


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Criticism of Orders
Employees shall not publicly criticize or comment in a derogatory manner to anyone about
instructions or orders issued by supervisory officers.
Conflict in Orders
Should any order conflict with any previous order or instruction issued by another supervisory
officer or with any written directive, the employee to whom the order is given shall respectfully
call attention to the conflict. If the supervisory officer giving the second order does not change
the order to correct the conflict, the order shall stand and the responsibility shall be with the
supervisor issuing that order. Orders will be countermanded or conflicting orders issued only
when reasonably necessary for the good of the Department or as the emergency situation
demands.
Appeals Regarding Unlawful / Unjust Orders
Officers may appeal for relief from orders or instructions they believe to be unlawful or unjust.
Such appeals must be made in writing to the Chief of Police through the chain of command.
Irresponsible or capricious appeals will be considered serious misconduct.
Obedience to Unjust or Improper Orders
Employees who are given orders they feel are unjust or contrary to general orders or to the
rules of the Department, must first obey the orders to the best of their ability and may then
proceed to appeal as provided herein.
Reporting Unlawful Orders
Any employee who has knowledge of any unlawful order, shall, at the first opportunity, report
in writing the full facts of the incident together with his/her own action, to the Chief of Police
through the chain of command. It shall be the responsibility of each level of supervision to
forward all such communications.
Performance of Duty
Employees shall perform all duties required of them by competent authority regardless of
whether such duties are specifically assigned to them in any operations manual.
Conduct and Behavior (TBP 2.12)
Officers, whether on-duty or off-duty, shall be governed by the ordinary and reasonable rules of
good conduct and behavior and shall not commit any act that may reflect unfavorably on
themselves and/or the Department.

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G

Personal Conduct (TBP 2.18)
Employees are prohibited from establishing or maintaining what a reasonable person would
believe constitutes an inappropriate relationship with any person who is a known victim,
witness, suspect or defendant of a case being investigated by the Department during such time
that the case is being investigated or prosecuted as a result of the investigation.
The buying and selling of anything to or from any complainant, suspect, witness, defendant,
prisoner or other person involved in any police related activity that has come to the employees
attention is not permissible
Political Activity (TBP 2.15)
Employees are prohibited, while on duty or in uniform, from engaging in political activity or
campaigns. Employees will not distribute or display any campaign material inside the Department
or on any city vehicles. This is in furtherance of the City of Haskell Personnel Policy and Procedures
Manual.

Impartial Attitude (TBP 2.17)
Officers, while being vigorous and unrelenting in the enforcement of the law, must maintain a
strictly impartial attitude toward complainants and violators. Officers shall, at all times, be
considerate of their duty to be of service to anyone who may be in danger or distress
regardless of race, ethnicity, color, gender or creed. Employees must respect the rights of all
individuals and shall not engage in acts of discrimination, oppression or favoritism.
Duty to be Kind, Courteous and Patient
Employees shall, at all times, be courteous, kind, patient and respectful when dealing with the
public and shall strive to win the approval of all law-abiding citizens by an impartial discharge of
their official duties.
Giving Name and Rank
Employees shall politely give their name, rank and ID number to any violator or other persons
when requested to do so, unless such action is likely to jeopardize the successful completion of
a police assignment. Officers will promptly advise their supervisor of a request to speak to a
supervisor by a citizen, unless at the time of the request, the citizen is not under complete
control of their mental and physical faculties.



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D

Respect for Fellow Employees
Employees of the Department shall treat each other with respect and shall cooperate, support
and assist each other at every opportunity. Employees, whether on-duty or off-duty, shall not
publicly criticize the work or duty performance of fellow employees and shall refrain from using
threatening, insulting or profane language which would offend those present.
Respect for Supervisory Officers
Supervisory officers will be addressed or referred to by title when on-duty and at any other time
departmental business is conducted in the presence of private citizens.
Circulating Malicious Rumors or Criticism
Employees shall refrain from circulating malicious rumors about other employees or other
governmental employees and shall refrain from circulating criticism of other governmental
employees or agencies.
Interfering with Assigned Cases
Employees shall not intentionally interfere with cases assigned to other employees or with the
work or operations of any other division, department or of the courts.
Interfering with Private Business
Employees shall not interfere in the lawful private business of any person unless necessary for
the furtherance of legitimate law enforcement functions.
Aiding and Protecting Fellow Officers
Officers shall act together and protect one another in time of danger or in circumstances where
danger might be impending.
Suggestions for Improvement of Service
Employees wishing to make suggestions for improvement of service shall have the privilege of
communication through the chain of command, in writing, to the Chief of Police. Supervisors
should encourage suggestions for improvement of service. All suggestions will be forwarded
through the chain of command to the Chief of Police.




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E

Truthfulness (TBP 2.14)
Employees are required to speak the truth at all times, whether under oath or not; in giving
testimony or in writing; in connection with any legal or official order received or in connection
with official duties. Untruthfulness is permitted as a legitimate investigative technique if
conducted within the limits set by appellate court opinions.
Carrying Official Identification Cards
Officers will carry their official identification cards on their person at all times. The exception to
this will be when any officer is engaged in an undercover investigation where having such
identification on his or her person would place them in jeopardy. Suspended officers shall not
carry identification cards unless specifically authorized by the Chief of Police.
Relationships between Supervisors and Subordinates
The Department wants to ensure its practices do not create situations such as a conflict of
interest or favoritism. Additionally, the Department wants to ensure morale is not negatively
impacted by the personal relationships between supervisors or subordinates.
Definitions
A supervisor - a person holding the rank of sergeant, Captain, the Chief of Police or the Director
of Public Safety. It also includes training officers and generally applies to any individual who
has decision making responsibilities that can directly affect a subordinates career, assignment
or pay.
Close relatives - defined as husband, wife, father, mother, father-in-law, mother-in-law,
grandfather, grandmother, son, son-in-law, daughter, daughter-in-law, uncle, aunt, nephew,
niece, brother, sister, brother-in-law, sister-in-law, step relatives and cousins.
Policy
Close relatives, partners, those in a dating relationship or members of the same household are
not permitted to be in positions that have a reporting responsibility to each other.
If employees begin a dating relationship or become relatives, partners or members of the same
household and one party is in a supervisory position, the person who is a supervisor will be
required to inform Administration of the relationship. Administration will determine the most
appropriate action for the specific situation. This may include transfer or reassignment of one
or both persons.

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H

The Department may apply this policy to situations where there is a conflict or the potential for
conflict because of the relationship between employees even if there is not direct reporting
relationship or authority involved.

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Officers Always Subject to Call (TBP 2.22)
All employees are subject to call at all times, including responses to man-made or natural
disasters. The Department requires sworn officers to maintain a phone for the purpose of
emergency notifications.
Required to Take Action
Employees shall promptly perform all official duties and shall be attentive to and take action on
complaints from citizens. With respect to violations of the law or ordinances and requests for
police service coming to their attention, employees shall avoid giving the impression they are
evading the performance of their duties. When the police purpose might be jeopardized by
delay, employees shall take immediate action, even if some other officer or division would
ordinarily deal with the incident.
Reporting for Duty
Employees, unless otherwise directed, shall report for duty properly uniformed or dressed and
equipped at the time and place specified. Employees will be well rested, fit to perform their
assigned duties and able to complete their entire shift.
Reporting Illness or Injury
Employees unable to report for duty shall report this to their immediate supervisor as soon as
practical before normal working hours. Employees who become ill or injured while on duty,
shall immediately report this to their immediate supervisor. If an employee is unable to
continue a tour of duty, he or she shall be promptly relieved. Employees shall not abuse sick
leave privileges.
When an officer is injured in the line of duty, the Chief of Police is responsible for ensuring that
City Management is notified immediately and that the required city documentation is completed
and properly forwarded.
In any instance where an employee is absent for more than three (3) working days a medical
release may be required.
Medical Release
A medical release will be required when the employee is ill or injured and:
A. The employee is absent for five (5) consecutive working days; or
B. The employee is absent for eight (8) or more days in any three (3) week period; or
C. The employee seeks medical attention for the illness or injury and is then allowed by
his/her physician to return to work but in a limited capacity (light duty).

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A medical release for limited duty shall include a signed statement from a physician detailing
which of the duties/tasks listed in the employees job description the employee may perform
and a projected date to return to full, unlimited duty. The release must be presented to the
employees supervisor at least twenty-four (24) hours prior to their return to duty.
A medical release will not be required when:
A. The employee is absent four (4) or fewer working days; and
B. The employee is absent for common injury or illness not normally treated by a physician
(colds, flu, etc.); or
C. The employee uses accrued sick time to care for a family member who is ill or injured.
Reporting Address and Telephone Number
The Chief of Police and City Hall shall keep on file the current address and telephone number of
each employee in department with a copy forwarded to the Director. Should the address or
telephone number change, the employee will fill out the form provided and forward to his
supervisor. All employees shall maintain a telephone.
Care of City Property
Employees shall accept the responsibility of maintaining care of all city property issued to, used
or possessed by them and shall immediately report the loss, damage or destruction of city
property in their care to their supervisor. Employees may be required to make restitution for
such property if the loss, damage or destruction was caused by their negligence.
Operation of Department Vehicles (TBP 7.20, 7.24)
Employees shall operate official vehicles in a careful and prudent manner and shall obey all laws
except where departmental directives allow otherwise. As an example to the public and in
accordance with city policy, all employees will utilize the seat belt when operating or riding in a
city owned or leased vehicle except in the event operational requirements dictate otherwise. In
addition, all occupants are required to utilize the seat belt while operating or riding in a city
owned or leased vehicle.
Before beginning each tour of duty, officers shall inspect the contents, appearance and
operability of all patrol equipment assigned to, or provided for, a Department vehicle. Officers
will ensure the vehicle has no damage that has not been previously reported.
Special Use Equipment (TBP 7.25)
Special use equipment is defined as those vehicles, equipment and supplies which are not used
on a daily basis or that are kept for use during emergencies and natural or man-made disasters.

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B

Each specialized division of the Department may be assigned specialized equipment, specialty
vehicles and supplies to be used in emergencies.
The Chief of Police is responsible for ensuring that a quarterly inspection is completed of all
special use vehicles, equipment and supplies assigned to them. Such inspections shall be
documented on a check sheet indicating the description of the item, vehicle or supplies
checked, the condition, the date of inspection and the signature of the inspecting employee.
The Chief of Police shall review the quarterly inspection and correct any deficiencies noted (to
include ordering replacement supplies), ensuring complete operational readiness of assigned
equipment, vehicles or supplies. A copy of each quarterly check sheet shall be forwarded to the
Director of Public Safety for review. The original shall be maintained in the Chief of Police files.
At least annually, the Chief of Police shall personally inspect all assigned vehicles, equipment
and supplies utilizing the required check sheet.
Processing Evidence
Employees having care, custody and control of any evidence shall maintain such custody until
disposition may be made in accordance with the Departments Property and Evidence Manual.

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Seeking Personal Preferment
Employees are forbidden to solicit the unjustified intervention of any person outside the
Department for purposes of personal preferment, advantage, transfer or change of duty within
the Department for themselves or for any person.
Soliciting Gifts and Gratuities (TBP 2.21)
Employees shall not use their official position, badge or uniform to solicit special privileges, gifts
or gratuities for themselves or others. Solicitation is defined as the presentation of position,
badge or uniform, in anticipation or expectation of, a gift or gratuity being offered. Exceptions
to this policy must be approved by the Chief of Police.
This section does not prohibit:
A. Acceptance of awards, including money, given to an employee by a publicly recognized
organization in recognition of outstanding service or achievement;
B. Acceptance by an employee of money or gifts on behalf of the Department with
approval of any command level supervisor. Such items accepted will be of benefit to the
Department as a whole for some worthy cause that is sponsored in whole or in part by
the Department. The gift will immediately be turned over to Administration for proper
disposal or
C. Recognized and sanctioned forms of soliciting funds or goods for a benevolent or
charitable cause approved by the Chief of Police.
Any unauthorized gift, gratuity, reward or other material benefit possessed by any employee
shall be forwarded to the Chief of Police who shall consult with legal counsel to determine
whether to arrange for the return of the gift and/or to initiate an investigation against the giver.
The involved employee will be notified in writing of the disposition.
Endorsing Products, Services, Vendors and Contractors
In order to provide fair and impartial service, employees are prohibited from using their official
capacity, title or position in the Department to endorse any organization, program, product or
service when such endorsement is not approved and required in the performance of their duties
as defined by the Chief of Police. Nor shall employees allow personal feelings or possibility of
personal gain to influence any decisions they may be called upon to make regarding contracts
or agreements with private sources, suppliers, vendors or contractors.




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A

Financial Obligations
Employees shall avoid incurring financial obligations which are beyond their ability to fulfill.
Such financial distress may impair the individuals effectiveness and may tend to bring discredit
upon the Department.
Notice of Suits against Employees
Employees who have a civil suit filed against them by reason of an act performed by them in
the line of duty shall immediately notify their supervisor and the Chief of Police.
Subversive Acts
Employees shall not perform any acts or make any statements (oral or written) that
destructively criticize the Department or its administrative officers in the performance of their
official duties; or which tend to disrupt or impair the performance of official duties and
obligations of officers of the Department; or which tend to interfere with or subvert the
reasonable supervision or proper discipline of employees of the Department. Employees are to
use the chain of command to report or make known instances of wrongdoing or unfair
practices.
Use of Intoxicants (TBP 2.19, 2.20)
The Department does not allow employees to report to duty or continue to work while under
the influence of alcohol or any drug, including prescription drugs, when it would affect their
judgment or physical condition.
Employees shall not consume intoxicants while on duty or before going on-duty, and shall, at all
times, comply with the City of Haskell Substance Abuse and Testing Policy. If an employee is
required by a doctor to take any medication (prescribed or otherwise) that would adversely
affect their job performance or judgment, they shall immediately notify their supervisor.
Employees may only consume an intoxicating beverage while on duty if it is in the performance
of a legitimate police task.
While off duty, employees shall not consume intoxicants to the degree that the effect or odor is
detectable when reporting to work or will reflect unfavorably on themselves and/or the
Department. If an employee, while off duty, is called for an unscheduled duty assignment,
including court, and they have been consuming intoxicants or taking any medication that would
adversely affect their job performance, the employee will openly advise the person calling of
their condition.

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J

Employees are prohibited from consuming, possessing, manufacturing, distributing, selling or
storing any alcohol and/or illegal drugs on city property, including buildings or vehicles, with the
exception of a legitimate police function as approved by the Chief of Police.
Entering Bars, Clubs and Liquor Stores
Officers on-duty or in uniform shall not enter or visit any bar, lounge or club where liquor is sold
or served except in the line of duty. No officer in uniform or on-duty shall enter any liquor store
for the purpose of purchasing an intoxicating beverage, except to perform a police task or
assignment.
Tobacco Use by Police Personnel
City policy prohibits the use of tobacco products in all city buildings or vehicles. In order to
maintain the professional image of the Department, employees will not smoke, chew or dip
tobacco products while making an official contact with the public. In furtherance of this policy,
employees will provide receptacles for the proper disposal of tobacco waste and not use wash
basins, water fountains or trash containers for that purpose.
Security of Police Information
All records collected and stored in police files are confidential to the extent that no employee
will make use of or divulge any information for personal reasons. Employees shall treat as
confidential the official business of the Department.
Off Duty Employment (TBP 4.05)
Employees who have successfully completed the probationary period are permitted to work at
outside employment subject to certain restrictions and conditions. Employees working off-duty
employment shall report their work location/status (including start and end times) to dispatch.
Employees shall not:
A. Work in an off-duty employment on the same day they fail to report for duty due to
illness or injury;
B. Advertise or solicit business in connection with off-duty employment while on-duty;
C. Work as a bouncer or where alcoholic beverage is sold and consumed on premises and
the sale of alcohol is the principle source of income unless specifically approved by the
Chief of Police;
D. Engage in off-duty employment that negatively impacts the employees on-duty
performance or renders the employee unavailable for emergency response or
E. Work at any off-duty employment that would bring the Department or employee into
disrepute or impair the operational effectiveness of the employee or the Department.


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G

Personal Business Cards
Employees of the Department are forbidden to have or use personal cards which show their
connection with the Department if they do not directly pertain to their official work as
employees of the Department.
Officers under Suspension
Officers under suspension shall not wear the police uniform or any part thereof, including on-
duty and off-duty weapons. At the time of suspension, officers shall relinquish their ID cards
and badges to their immediate supervisor or to the Chief of Police. Officers under suspension
shall not represent or identify themselves as police officers except when testifying in a court of
law.
Gifts from Prisoners
No employee of the Department shall purchase or accept as a gift any article from any person
under arrest or in a detention facility.
Communications
Communiqus transmitted via any departmental communication medium should be
professional, job related, appropriate and should be suitable for review by a third party. When
using Mobile Data Computers, employees shall be mindful that MDC communiqus are captured
and stored and may be reviewed for a variety of reasons. MDC vehicle locators will not be
disabled. All use of computers within the Department will conform to the communications
policy of the City of Haskell.
Treatment of Suspects and Prisoners
Suspects and prisoners shall be treated in a fair and humane manner. They shall not be
ridiculed or taunted. Use of force shall be governed by departmental procedure.
Restrictions on Social Media Websites
The Department has a duty to protect the reputation of the organization and its employees as
well as guard against liability and potential legal risk.
The terms social media and online social networking are defined by the City of Haskell Policy
Manual, Policy S-6.



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H

Therefore, the Department reserves the right to monitor social media websites and employees
are advised of the following:
A. Employees should exercise caution and good judgment when social networking online.
B. Employees should be aware that the content of social networking sites can be
subpoenaed and used in criminal and civil trials to impeach the employees testimony.
C. Any individual who can be identified as an employee of the Department has no
reasonable expectation of privacy when social networking online and is subject to all
pertinent City of Haskell Policies, Department Rules and Regulations, local, state and
federal laws regarding public information on arrests, investigations, police operations
and personal data.
D. Employees are responsible for the content of their messages and for all content posted
on or to the website by the employee or any other person once they become aware of
it.
E. Postings by employees involving offensive or unethical content are strictly prohibited.
Under no circumstances should messages contain language that would be considered
profane or offensive or that tend to denigrate citizens or any particular gender, race
nationality, ethnic or religious group or person.
F. Employees shall not represent that they are speaking or acting on behalf of the
Department or the City of Haskell. Employees must clearly state that any opinions
expressed are their own and not those of the Department.

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Availability (TBP 6.05)
All officers of the Department are required to have a sidearm available at all times whether on-
duty or off-duty, except as otherwise permitted by the written directives of the Department.
Off-duty officers are not required to carry a weapon when visiting any bar, lounge or club
where alcoholic beverages are sold or served.
Security of Weapons
Employees shall not leave weapons or objects which could be used as weapons unattended or
in an unsecured location where a suspect, prisoner or other inappropriate party may access
them.
The sidearm will remain in the holster while the officer is in the station or the field, unless its
removal is necessary for use, repair or other legitimate reasons.
Approved Handguns
Only weapons approved by the Department will be carried whether on or off duty.
The types, calibers and model numbers of approved weapons for on-duty uniformed officers are
listed on the Approved Weapons List maintained by the Range Master and approved by the
Chief of Police.
Approved weapons for on-duty plain clothes officers will include all of the weapons on the
Approved Weapons List and additionally those models of approved revolvers with reduced
barrel lengths of not less than two inches.
Approved weapons for off-duty officers will include handguns of .32 caliber or greater, having a
cylinder or magazine capacity of at least five rounds. Officers are responsible for knowing their
weapon is reliable, safe and in good working order. Weapons are to be carried in a manner so
as not to be visible to the public. The Range Master will inspect all weapons prior to them
being carried.
The Department Range Master will perform an external inspection of the weapon to determine
the safety and reliability, maintain records of each officers proficiency and record the make,
model and serial number of each handgun an officer is authorized to carry on or off duty.





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Ammunition
The Department will issue all ammunition carried in on-duty weapons, on belts or in holders.
Approved/Issued Weapons
Only batons, chemical agents and special weapons approved and/or issued will be carried.
Personal Weapons Carried on Duty
Approval for the carrying of personally owned handguns, rifles or shotguns must be requested
in writing from the Chief of Police. A copy of the request, which indicates the Chiefs decision,
will be maintained in the officers personnel file.
For the purpose of standardizing ammunition for qualification and on-duty use, rifles are
restricted to the Ruger Mini-14, the Colt AR-15 and AR-15 clones in .223 caliber.
Shotguns
Shotguns are to be maintained in the assigned patrol unit rack or secured in the Gun Room
rack. All shotgun ammunition will be removed from shotguns and shotgun sidesaddles when
the shotgun is stored in the Gun Room.
When a shotgun is armed for potential use (i.e. a loaded shell in the chamber), the officer shall
exercise the utmost caution in the operation of the weapon. As soon as practical after the
situation is under control, the officer shall remove the shell from the chamber and return the
shotgun to the patrol unit shotgun rack.
When a police vehicle equipped with a shotgun is to be left at the barn, radio shop, etc. for
repair, the officer who is responsible for the vehicle shall remove the shotgun and secure it
properly.
Before bringing a shotgun or rifle into the Department, employees shall ensure that the weapon
is unloaded using the provided clearing barrel(s).
Visibility of Weapon
Only the authorized service weapon is to be visible when an officer is wearing the police
uniform.
When carrying a weapon and/or handcuffs while off-duty and in civilian attire, an officer shall
wear the weapon and/or handcuffs so they are concealed. When an on-duty officer is dressed
in civilian attire and wearing a weapon visible, their badge shall be clearly displayed.


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A

Weapons Proficiency (TBP 3.01, 3.03)
All sworn personnel of the Department shall demonstrate proficiency annually with each firearm
they use in an official capacity on or off duty. A minimum score of 70% of the total possible
score is required to demonstrate proficiency. However, all sworn personnel achieving a score
below 80% will attend remedial training as directed by the Training staff.
Additionally, an annual inspection of all authorized firearms for proper functioning will be
conducted by a designated Firearms Proficiency officer.
Retired Police Officers
At the discretion of the Chief of Police, officers who have retired honorably from the
Department may be issued a certification allowing concealed carry of a handgun according to
state law.
At minimum, all applicants for the certificate must:
A. Provide a notarized statement indicating:
1. The officer retired from the Department under honorable conditions;
2. The retired officers license as a commissioned officer was not revoked or suspended
for any period during the officers term of service as a commissioned peace officer;
3. The retired officer has no psychological or physical disability that would interfere
with the officers proper handling of a handgun and
4. The retired officer will, at all times while carrying the firearm, have a Retired Officers
Identification Card on his person.
B. Successfully complete the Departments Handgun Qualification Course as well as any
physical or psychological testing requested by the Chief of Police.
C. Abide by all applicable laws regarding firearms and their possession and maintain a good
standing within the community.
D. Pay all expenses involved in issuance of the certificate.
Issuance of a certificate under this section is not the equivalent of a law enforcement
commission nor does it imply the bearer has the authority or sanction of the Department.
Certificates are valid for a period of one year after issuance.

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9

Purpose
The purpose of this policy is to outline the hiring process for sworn personnel.
Policy
It is the policy of the Department that all phases of the hiring process will be fair, impartial and
applied consistently to all applicants. The Department is an equal opportunity employer and will
strive to meet the guidelines established by the Unites States Civil Rights Act and all other laws
pertaining to employment practices.
Procedures (TBP 4.01, 4.03)
The Department will maintain a list which will be kept at the Training Division for all persons
interested in applying for upcoming positions. Upon announcement of vacancies, notification
will be made based on the existing list. All applicants will be advised to contact the Director of
Public Safety, the Chief of Police or go online to the citys website to complete an application.
The requirements for sworn personnel differ slightly between new hires and lateral transfers.
Basic Peace Officer:
A. Meet TCLEOSE qualifications and those set forth by the Department
B. Pass physical agility test
C. Pass background investigation
D. Complete polygraph examination and pass psychological exams
E. Pass Department interview board
F. Pass medical and drug examinations
Lateral Peace Officers applicants (laterals) must meet aforementioned requirements and must
have been employed in a position with a responsibility similar to those of a patrol officer of the
Department.
Background Investigations (TBP 3.17, 4.04)
Background investigations are the most critical component of the selection process. It is the
policy of the Department that a background investigation be conducted on all sworn and non-
sworn applicants prior to and following a conditional offer of employment. Background
investigations should be an objective, fact-finding process resulting in an accurate record of the
applicants past behavior, conduct and job performance. While the background investigator
must consider both positive and negative information, the reporting must be descriptive and
factual.

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;

Background investigations shall be conducted in compliance with all applicable city, state and
federal laws. Department personnel who conduct background investigations shall receive
training prior to conducting applicant backgrounds.
While it is more reliable to conduct the background inquiry in person, many inquiries (criminal
history/driving records) can be conducted by telephone and mail to avoid time and costs. If
necessary, subject to prior approval by the background supervisor, background investigators
may travel out of town to conduct the inquiry in person.
TCLEOSE requires employee selection records, including background investigations, to be kept
for a period of five (5) years. Such files are considered confidential and shall be released or
purged at the direction of the Chief of Police. All records of applicants for sworn positions (not
hired) shall be maintained and secured by the Director. All non-sworn applicants (not hired)
shall be maintained and secured by City Hall.
Procedure:
The Human Resources Department will forward all applications directly to the Chief of Police, or
a designee, who will be responsible to maintain a log of all candidates listing pertinent
information regarding the selection process.
The Chief of Police, or designee, will be responsible for assigning applicant background
investigations to sworn personnel.
Upon receipt of an application, the background investigator will use data available on the
Personal History Statement as follows:
A. To verify the candidates qualifying credentials;
B. To review the candidates criminal history;
C. To review the candidates driving record and
D. To verify at least three personal references.
Verifications may be made by telephone, mail or personal interviews and documented in
writing.
The background investigation will not begin without two (2) signed copies of the applicants
Authorization to Release Information.
The first step in the background investigation process is to verify that the applicant has
provided all required documents listed on the cover page of the Personal History Statement. If
the application is incomplete, the investigator will notify the applicant that he cannot proceed
with the background investigation until the required documents are provided to the assigned
investigator.

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A complete Criminal History Statement and Driving Record shall be obtained:
A. The background investigator will verify all arrests, citations, convictions and /or traffic
collisions.
B. If possible, the background investigator will obtain copies of arrest, offense, auto crash
reports and court dispositions.
C. The background investigator should contact each municipal court or justice of the peace
which has jurisdiction in which the applicant resides, to verify the candidates driving
record.
The investigator should arrange to conduct a home visit with the candidate and their family as
well as interview relatives, friends, neighbors and co-workers. It is an important investigative
duty of each background investigator to develop additional points of contact during these
interviews.
When the investigator has completed the background investigation, all notes, necessary
documents and other pertinent information will be organized according to the background areas
indicated in the Background Evidence Organizer. The narrative report shall be typed and should
include all significant information related to the background areas.
If the investigator uncovers unfavorable information, the investigator should give the respective
applicant the opportunity to rebut the information and/or provide an explanation of any
circumstances that might mitigate the significance of the information.
The background investigator should not make any recommendations or opinions in the
Background Evidence Organizer.
Following a polygraph and psychological evaluation by a licensed practitioner, the Background
Evidence Organizer shall be reviewed by a supervisor appointed by the Chief of Police. The
background investigation results will be objectively evaluated by an Oral Interview Board
appointed by the Director or Chief of Police.
If an applicant successfully passes the oral interview, he or she will be required to pass a
medical examination by a licensed doctor. This medical examination will include a drug screen
test.
As part of the criminal background check, the applicants fingerprints will be submitted to both
the Department of Public Safety in Austin and the FBI in Washington D.C.



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Policy
The purpose of this section is to establish areas of responsibility for conducting criminal
investigations. Criminal investigations consist of two distinct and yet closely interrelated
phases: the preliminary investigation and the follow-up investigation.
Preliminary Investigations (TBP 7.09)
The preliminary investigation begins when the first police unit arrives at the scene. The basic
activities of the preliminary investigation include, but are not limited to, the following:
A. Provide aid to the victim.
B. Determine if an offense has actually been committed and, if so, the exact nature of the
offense.
C. Protect the crime scene.
D. Determine the identity of the suspect(s) and effect an arrest if it can be accomplished
either at the scene or through immediate pursuit.
E. Provide other units with descriptions, method and direction of flight and other relevant
information concerning suspects and/or suspect vehicles.
F. Obtain complete identification of all witnesses.
G. Determine what information is known by the victim and each witness.
H. Arrange for the collection of evidence, except when on-scene follow-up investigation will
require specialized investigative units.
I. Determine in detail the exact circumstances of the offense.
J. Accurately and completely record all pertinent information on the appropriate forms.
Responsibility for conducting preliminary investigation:
A. Except in those cases where the presence of a uniformed officer would obviously
prevent a proper investigation from being conducted, the preliminary investigation shall
be conducted by the patrol officer(s) assigned to the call for service.
B. The officer assigned shall notify their immediate field supervisor of a serious crime or
one requiring immediate on-scene follow-up investigation.
C. As soon as the preliminary investigation is concluded and before the patrol officer
finishes his/her tour of duty for that day, the officer shall complete the initial field report,
to include the narrative portion. The officer shall list on the report form all information
obtained at the scene of the offense.
D. It shall be the responsibility of the patrol supervisor to ensure that an adequate and
complete preliminary investigation was conducted and either approve or return the
report(s) for corrections.


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Follow-up Investigation (TBP 7.10)
The follow-up investigation is an extension of the preliminary investigation. The purpose of the
follow-up is to provide additional investigation in order to effect the arrest of an offender,
identify witnesses, and/or recover stolen property.
Basic activities of the follow-up investigation include, but are not limited to the following:
A. Crime scene searches.
B. Identification and apprehension of the offender.
C. Analysis and evaluation of evidence.
D. Recovery of stolen property.
E. Interviewing victims, witnesses and/or suspects and legally obtaining written
statements.
F. Interrogation of suspects.
G. Determining if other crimes may have been committed by the suspect.
H. Recording information obtained.
I. Preparation of case for court presentation.
Responsibility for conducting follow-up investigations:
A. Patrol officers will be responsible for conducting and completing the investigation on
most calls for police service.
B. CID will be responsible for follow-up investigations assigned to them. Case assignments
shall be made by the supervisors of each of these sections.

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Stop and Frisk
A stop and frisk of a subject is permitted anytime an officer is in contact with another person
and can articulate reasons that he feared for his safety or the safety of others nearby or
whenever an officer has reason to believe another has a weapon on or about his person that
can be used to cause injury or death. It is a pat down of the outer clothing of a person whom
you have stopped to protect the safety of the officer or others. It is not a pretext for a search.
Stop and Frisk of Vehicle and Occupants
In the course of a vehicle stop, an officer may make a limited weapons frisk (pat down) of the
suspects area of immediate control if the officer reasonably suspects the vehicle may contain a
weapon that endangers the officer or others. To be entitled to frisk a subject, the officer must
reasonably believe the subject is armed, and the frisk must be limited to discovery of guns,
knives, club or other hidden weapons. The purpose of a frisk is not to discover evidence of
crime, but to allow the officer to pursue his/her investigation without fear of violence.
A vehicle is subject to a stop just like a pedestrian. An officer who feels justified in stopping the
occupant of a vehicle and reasonably believes, from objective facts and rational interferences,
the subject is dangerous and may gain immediate control of a weapon, may search those areas
of the passenger compartment in the vehicle where a weapon may be placed or hidden. If,
while frisking the passenger compartment, the officer finds contraband other than weapons, it
may be seized. If an officer reasonably believes the subject is armed, the frisk may extend to a
purse or bag the subject was carrying at the time of the stop.
Legal Temporary Detention
Where a police officer observes suspicious conduct or receives reliable information which causes
the officer to reasonably believe the subject is involved in some criminal act, he may briefly
detain the subject for the purpose of investigation. If an officer has reasonable suspicion based
on specific facts that a subject was involved in or is wanted in connection with a criminal act,
the officer may detain the person for investigation.
The detention may be based on a bulletin or information issued by another department advising
that the subject is wanted for investigation. A detention may be based on information received
from an unknown person if enough of the significant details provided or particular prediction of
specific future activity by the suspect are corroborated by independent investigation to indicate
the person is credible and the information is reliable.



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To justify a legal temporary detention, an officer must have specific objective facts which, in
light of their experience and personal knowledge, with rational inferences from those facts, give
the officer:
A. A reasonable suspicion some activity out of the ordinary is occurring or has occurred;
and
B. The person to be detained is connected with the unusual activity and
C. The activity is related to a specific crime.
A stop based on a hunch is unlawful. Because the purpose of a stop is to briefly detain a
suspect in order to investigate a crime in progress or a crime that has just occurred, the stop
must be temporary and last no longer than necessary to accomplish its purpose.
Miranda Warnings on Stop and Frisk (TBP 7.04)
If the interview remains brief, casual, relatively neutral and non-accusatory, an officer need not
inform the person of their Miranda rights. However, if the interview begins to focus on the
person as a suspect, the officer shall cease the questioning or inform the suspect of their
Miranda rights before proceeding.
Execution of Arrest Warrants (TBP 7.02)
An officer need not have actual physical possession of an arrest warrant in order to execute it.
All warrants however, will be confirmed with the originating agency. In executing an arrest
warrant, whether or not he/she has the warrant in possession, an officer shall announce to the
person being arrested that the arrest is made pursuant to an arrest warrant.
All warrants shall be confirmed with the issuing agency through the Communications Division so
that a record of the confirmation can be made.
Arrestee Taken Before Magistrate (TBP 7.02)
All arrestees shall be taken before a magistrate, if one is available. The Code of Criminal
Procedure requires the person making the arrest to take the arrestee, without unnecessary
delay, before the magistrate who issued the warrant or ordered the arrest or before some
magistrate of the county where the arrest occurs. When an officer arrests an offender outside
the City of Haskell, the officer shall take the arrestee, without unnecessary delay, before the
nearest available magistrate in the county or in the county bordering the county in which the
arrest was made. Arrestees should be handcuffed during their appearance before the
magistrate.
An affidavit establishing probable cause (PC affidavit) will be required for all on-site Class B and
above arrests. The affidavit should clearly state facts supporting all elements of each Class B
and above on-site charge.

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C

The following warrants do not require a magistrate appearance:
A. Parole Warrant
B. Violation of Probation Warrant
C. Bond Forfeiture Warrant
D. Security Withdrawal Warrant
E. Contempt of Court Warrant
F. Capias Pro Fine Warrant
Capias Pro Fine
A Capias Pro Fine is an order of the court directing a peace officer to arrest the defendant for
failing to pay a fine. It is issued only after the defendant was found guilty and a judgment was
entered by the court stating the amount of the fine. When an officer contacts an individual who
has an outstanding Capias Pro Fine Warrant issued by any agency (other than the City of
Haskell), the officer will obtain a current home address and current business address from the
individual and forward this information to the issuing agency. The individual should then be
released. An arrest should be made on persons with confirmed Haskell Capias Pro Fine
Warrant(s). The charge on the arrest paperwork should include the acronym CPF and bonds
should be titled cash bond.
Arrestees Time in Custody
It is the intent of the Department to minimize the time an arrestee spends in the custody of the
Department. The Department maintains temporary custody of arrestees following their arrest
until they are arraigned, transferred to the custody of the Sheriff or other law enforcement
agency or released.
Arrest without a Warrant (TBP 7.03)
An arrest without a warrant must be based on probable cause. Probable cause is defined as:
That total set of apparent facts and circumstances based on reasonably trustworthy
information which would warrant a prudent person to believe something for example, that a
particular person has committed some offense against the law.
Authority to Arrest without a Warrant (TBP 7.03)
The authority to arrest without a warrant is provided in Chapter 14 of the Code of the Criminal
Procedure. Arrests without a warrant are to be made only in accordance with those provisions.



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D

Informant Information for Warrant
When an officer relies on information from an informant to establish probable cause, the officer
must be able to state:
A. Their reason(s) for believing the informant to be reliable and
B. The underlying circumstances from which the informant concluded a particular person
committed an offense.
If circumstances permit, an officer shall seek some corroboration or confirmation of the
information they receive from a victim or witness.
Non-consensual Entry Prohibited
Officers may not make a warrantless and non-consensual entry into a suspects home in order
to make a routine felony arrest.
Arrest Not Required
An officer does not have to make an arrest every time they have probable cause to do so. In
some circumstances, and for good cause consistent with public interest, an officer may decline
to arrest.
Release Not Delayed
When an arrest is made and circumstance dictate the person should be released, the release
will be made without delay.
Miranda Required
If a suspect is under custodial arrest or detention (other than temporary detention), an officer
cannot question the suspect without first giving the Miranda warnings.
Undocumented Immigrants
Undocumented immigrants may not be arrested without a warrant solely upon the suspicion
they entered the country illegally. When a suspected undocumented immigrant is arrested, the
Border Patrol should be notified.

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Preparation of a Search Warrant (TBP 7.06)
Search warrants obtained by personnel of the Department will conform to those standards set
out by Chapter 18 of the Code of Criminal Procedure.
Execution of Search Warrants
Unless permitted under the written directive concerning warrantless search and seizure, an
officer shall not conduct a search or seize property without a search warrant. An officer shall
execute a valid search warrant as provided by law and by written departmental directives.
Warrants Require Proper Form
An officer shall presume any search warrant, which appears in proper form, is valid. If the
search warrant lacks proper form, the officer shall not execute it but shall return it to the
magistrate who issued it. An officer shall not alter the information on any search warrant in any
manner.
Copy of Warrant for Residence
Whenever an officer executes a search warrant, they shall bring it with them to the scene and
provide a copy of the search warrant order to the person in charge of the premises. If the
premises are unoccupied, the officer shall leave a copy of the search warrant order in a
conspicuous location inside the place named. The search warrant affidavit will not be provided
to the person in control of the premises, nor left at the scene, unless ordered by the magistrate.
Search Warrant Served Within Time Limit
A search warrant shall be executed as soon as practical after it is received, but in no event
more than three (3) whole days after the magistrate issues it. In calculating the days allowed
for execution, the day of issuance and the day of execution are excluded.
The time of day for executing the search warrant should be based on the following
considerations:
A. Execute when the property to be seized is most likely to be present.
B. Execute when resistance is least expected and best controlled.
C. Balance the safety, effectiveness and convenience of the officer and the occupants.




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Search of Proper Place
An officer shall only execute the search warrant and make the search at a place described in
the warrant.
A. An officer may search all buildings, structures and curtilage named in the warrant where
the items sought may be kept.
B. If a warrant describes the place to be searched as a limited portion of larger premises,
the officer may not extend the search to other unnamed portions.
C. The search warrant should, when applicable, specify any vehicles to be searched on the
premises. Vehicles not within the curtilage (example: public street) and not particularly
described in the warrant must conform to the requirements of the definition of exigent
circumstances and/or the written directive concerning warrantless searches.
Search Only for Items Named
An officer shall search only for items named in the search warrant. An officer shall not search
those places or things which could not contain or conceal the items described in the search
warrant.
Seizure of Unnamed Items
An officer may seize items not named in the search warrant, but discovered during a lawful
search, if he found the items in a place reasonably within the scope of search, and he has
probable cause to believe they are:
A. Contraband.
B. Fruits of a crime (such as stolen property);
C. Evidence of a crime or
D. Instruments of a crime
Search for Named Person
An officer may search a person found upon the premises:
A. Incident to a lawful arrest of that person;
B. If the warrant gives the name and useful description of that person (e.g. usually owner
or person in charge of the premises);
C. If the warrant specifies (e.g. any person(s) unnamed, found on the premises);
D. If the officer has reasonable suspicion that a particular person is armed and endangers
any person or


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G

E. To prevent the disposal or concealment of any instruments, articles or things particularly
described in the warrant, if the officer has a reasonable suspicion that the person may
have such items on his person. In determining whether reasonable suspicion exists,
officers should consider:
1. The nature and physical quality of the item sought;
2. The ease with which the item may be disposed of if so concealed;
3. Whether the officer has located the items on the premises and
4. The relationship of the person to the premises (such as owner, resident or visitor)
and to those in control of the premises.
Chiefs Notification
When executing a search warrant in a major raid, the officer in charge shall notify the Chief of
Police or the Chiefs designee.
Participation Limited
Only peace officers will generally participate in the execution of a search warrant. However,
when appropriate, the supervisor in charge may permit other persons to accompany him in
such execution for the safe and expedient execution of the warrant.
Supervisor Responsible for Safe Execution
The supervisor in charge shall take appropriate measures to ensure the safety and security of
fellow officers, the items sought and any persons at the scene of the execution.
Entry by Minimum Force
An officer shall enter the premises by the least forceful means possible under the
circumstances. However, when exigent circumstances exist, which unduly jeopardize the safety
and security of the officers, the items sought or persons in the area, an officer shall enter the
premises by the most efficient means practical to the situation.
Control of Persons
When necessary, an officer shall first enter the building or other premises and locate and
control the movement of all persons who might hinder the search or pose a threat to safety.
The officers shall also locate and control all items, which might be used as weapons.
A. An officer shall use the least amount of force necessary to secure the premises.
B. Officers shall, as soon as practical, display the search warrant, and explain the reason
for the search.


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D

Secure then Search
After securing the premises, an officer shall search for the items named in the search warrant.
A. An officer shall diligently attempt to prevent and minimize damage to the premises and
property.
B. During the course of the search, the supervisor in charge shall ensure that a record is
made of the date and time, items seized and where each seized item was found. Each
officer shall safeguard the admissibility of all seized property by protecting the chain of
custody of the seized property. As to all items seized, the officer in charge shall furnish
an inventory to the person from whose possession or control they were taken. If no
such person is present, the officer should leave the inventory in a logical and
conspicuous place on the premises. The officer in charge shall complete the return to
the magistrate.
C. An officer shall take reasonable measures to secure the premises upon completion of the
warrant execution.
One Search per Warrant
A search warrant authorizes only one search of a premise. Thus, an officer cannot search the
premises again under the same warrant once he has executed the warrant and left the
premises.
Duty to identify
In cases of combined warrants commanding both arrest and search at a premise or where an
officer reasonably suspects an occupant may be named in an outstanding arrest warrant, an
officer may require any person on the searched premises to identify themselves in order to
determine whether the arrest warrant names that person.
During the execution of any search warrant, an officer may require persons on the premises
who witnessed the search or arrest to submit to being photographed and to identify
themselves. The requirement to be photographed does not apply to juveniles.
Arrest of Persons on Premises
An officer may arrest any person who attempts to escape or who forcefully resists or interferes
with the lawful execution of a search warrant.




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E

Warrantless Search and Seizure (TBP 7.07)
An officer, without a warrant, may seize property if:
A. The officer lawfully occupied their vantage point when they observed the property
through their senses,
B. The officer can observe and seize the property without unreasonable intrusion on any
persons reasonable expectation of privacy.
C. The officer immediately realizes the observed property is seizable property, and the
observation of the property occurred inadvertently.
D. When practical, and if the imminent destruction or removal of the property appears
unlikely, an officer should obtain a search warrant. If necessary and practical, an officer
may guard the property until the search warrant can be executed.
E. For the purposes of this section, seizable property is defined as an item that is
categorized as:
1. Contraband,
2. Fruits of a crime,
3. Evidence of a crime or
4. Instruments of a crime
Unclothed Searches (TBP 7.07, 10.14)
An officer may conduct an unclothed search if they have reasonable suspicion that such a
search is necessary to detect seizable evidence of a particular crime or a hidden weapon. The
unclothed searches cannot include a search of body cavities or extend beneath the body
surface. Searches require prior supervisor approval and should always be conducted in a
controlled environment.
A search of an arrestees body cavities shall only be conducted pursuant to consent or a search
warrant under sanitary conditions. The search may be conducted only in a medically approved
manner by medical personnel.
Search Incident to Lawful Arrest (TBP 7.07, 10.15)
An officer may search a person incident to a lawful custodial arrest.
A. An officer shall confine a search incident to an arrest to the person arrested and that
persons area of access at the time of the arrest. An officer may also search beyond the
arrestees area of immediate control for other persons who the officer has reason to
believe endanger the safety of the officers. The search shall be limited to locating and
controlling movements of such persons.

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B

B. Whenever practical, an officer shall obtain an arrest warrant in conjunction with the
search warrant if they have probable cause to believe seizable items will be found at the
expected place of arrest.
Booking Searches
An arrested person shall be searched during the booking process in order to:
A. Remove any seizable property and items he/she might use to escape or to injure himself
or herself and
B. Inventory and protect his or her property from damage or theft while he/she is
incarcerated.
Search of Suspects Mouth
When an officer has probable cause to believe a person has a seizable quantity of evidence in
their mouth, the officer may use reasonable force to recover the evidence. Except for situations
where a persons life is in jeopardy, choking a suspect for the sole purpose of retrieving small
quantities of evidence is not reasonable.
Exigent Searches
In an emergency, an officer may enter a premises or vehicle without a search warrant if they
have probable cause to believe it is necessary to:
A. Aid persons in immediate danger of death or bodily injury or
B. Prevent, if appropriate, the imminent destruction of property and/or evidence.
Prior to non-consensual or forced entry, and within the limits allowed by the particular
emergency, the officer shall reasonably attempt to obtain consent to enter the premises or
vehicle. Following entry, the officer may search the premises or vehicle only to the extent
necessary to carry out the purposes of the entry. The officer shall secure the building or vehicle
prior to leaving either by release to a responsible person, or by making all reasonable effort to
physically secure the property.
Hot Pursuit Arrest/Search
An officer in fresh (hot) pursuit of a fleeing suspect may pursue them into a vehicle or premises
in order to arrest them only under the following circumstances:
A. The suspect has committed a felony offense.
B. The suspect has committed a Class A or B misdemeanor offense and a delay in arrest
will result in destruction or degradation of evidence.

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:

Following entry, the officer may search the premises only to the extent necessary to locate the
suspect, protect himself or others and recover the evidence. Once the suspect is arrested, any
further search must comply with the other rules of this chapter.
Abandoned Property
An officer may, without a warrant, search for and seize any seizable property found in any open
field or determined to be abandoned property.
Consent to Search
When an officer has reason to make a warrantless search, they may request consent to search
from any person who has authority over the thing or place to be searched. Consent may be
given verbally or by use of the authorized departmental consent form.
A. In all cases, the officer shall advise the person giving consent that they have the right
not to consent and, if they consent, anything found might be seized and used as
evidence.
B. An invitation to enter the premises does not give the officer consent to search.
C. If the consent to search is later revoked, the officer must immediately stop the search.
If the consent to search is later limited, the officer must restrict it to the new limit.
However, the officer may still seize all seizable property discovered prior to the
withdrawal or limitation of consent and then apply for a search warrant if necessary.
D. A consent to search can be withdrawn by any person with authority over the thing or
place being searched regardless of anothers consent with equal standing.
Search Incident to Arrest, Vehicle
When an officer has made a lawful custodial arrest of the occupant of an automobile, including
a passenger, he/she may, incident to the arrest, search the passenger compartment of the
automobile and examine the contents of any containers, whether open or closed, found within
the passenger compartment if either of the two following circumstances exist:
A. The arrestee is within reaching distance of the passenger compartment at the time of
the search or
B. It is reasonable to believe the vehicle contains evidence of the offense of the arrest.
Warrantless Vehicle Searches
When an officer has probable cause to believe a vehicle contains seizable property, they may
conduct the search without a warrant if an exception to the warrant requirement, such as
exigent circumstances, exists. When determining whether a search without a warrant is
appropriate under this rule, an officer should consider:

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H

A. Whether the vehicle could be easily removed from the jurisdiction;
B. Whether any person might obtain access to the evidence believed to be contained in the
vehicle or
C. Whether the nature of the evidence makes it likely to be destroyed by the passage of
time or exposure to the elements.
When an officer has probable cause to search a vehicle, the officer may search:
A. Any part of the entire vehicle where the item sought could be located, whether or not an
arrest is made,
B. Either at the place where the vehicle is first located or at a more convenient location. If
a vehicle is to be moved in favor of a more convenient location, officers are advised to
keep the suspect with the vehicle.

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Purpose
It is the purpose of this policy to establish procedures for photographic line-up and field
identification. These procedures are established for the purpose of:
A. Maximizing the reliability of eyewitness identifications;
B. Minimizing the possibility of misidentification and the unjust accusation of innocent
persons and
C. The establishment of reliable evidence that conforms to current legal procedures and
admissibility standards of legal proceedings.
Policy
Eyewitness identification is a frequently used and necessary investigative tool. Officers should
strictly adhere to the procedures set forth in policy. All eyewitness identifications shall be
corroborated through independent evidence whenever possible. Arrests based solely on
eyewitness identification should only be made with the approval of a supervising officer.
Definitions
Sequential photographic line-up presentation of photographs one at a time in a random order
before an eyewitness for the purpose of identifying and eliminating suspects.
Simultaneous photographic line-up presentation of photographs at the same time, arranged in
random order, before an eyewitness for the purpose of identifying or eliminating suspects.
Independent administrator a person who administers the line-up to the witness and does not
know which member of the line-up is the suspect nor the order in which the suspects photo
appears in the sequence. The independent administrator should not be directly involved in the
investigation whenever possible.
Blind testing procedure a photographic line-up procedure wherein the person administrating
the test, acting as an independent administrator, does not know the identity of the suspect.
Fillers in photographic line-ups, photos of persons not suspected in the offense under
investigation and used in the photo line-up. In live line-ups, people not suspected in the
offense under investigation and used in the live line-up. Live line-ups are a distinct and
separate process from field identification.
Field identification the presentation of a single suspect to an eyewitness within three (3)
hours following the commission of a crime.


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Primary investigating officer the person designated as the investigator who has primary
responsibility for the investigation of the crime at hand. For purposes of this policy, this
designation may include any officer regardless of rank or title. This person may be the primary
responding patrol officer, a detective or any other officer as deemed necessary by police
supervision.
Photographic Line-up Procedures (TBP 7.32)
Preparing photographic line-ups:
A. Photographic line-ups must use a minimum of six (6) photographs.
B. Photographs of individuals used as fillers are the same sex, race and reasonably similar
in age, height and weight of the suspect.
C. Offices should avoid the use of fillers that closely resemble the suspect. A witness
familiar with the suspect should not find it difficult to distinguish the suspect from the
fillers. Fillers should not so closely resemble the suspect that the witness confidence in
the identification is diminished.
D. Photos of the same size and compositions should be used. Do not mix color photos with
black and white. Do not mix photos of different types such as drivers license photos
with mug shots. All photos should be from the same type source if possible.
E. The identity of all fillers used in the photographic line-up should be known to the
investigator preparing the line-up whenever possible and documented in the case file.
F. Do not use more than one photo of the same suspect.
G. If there is more than one suspect, the investigator shall prepare a separate line-up for
each suspect.
H. When it becomes clear during the course of the investigation that a photo line-up will be
used, the lead investigator shall identity the independent administrator and ensure that
the person does not have access to the suspects photo prior to the administration of the
photo line-up.
Presenting photographic line-ups:
A. The presentation of a photographic line-up to a witness shall be conducted by an
independent administrator in order to avoid actions or statements that could
contaminate the witness perception or judgment.
B. The independent administrator should assess the photo line-up to ensure its compliance
with this chapter.
C. The administration of the photo line-up to the witness should be documented by the
independent administrator utilizing video and audio recording equipment.
D. The photographic line-up shall be administrated to one witness at a time so they will not
be aware of other response made by other witnesses.
E. Any person conducting a photo line-up shall never influence or attempt to influence a
witness in identifying a suspect.

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B

F. The following instructions shall be given to each witness prior to viewing a photo line-
up:
1. You will be asked to view a collection of photographs.
2. The person who committed the crime may or may not be present in the photo line-
up.
3. You do not have to identify anyone.
4. Regardless of whether you make an identification, we will continue to investigate
this incident.
5. It is just as important to clear innocent persons from suspicion as it is to identify
guilty parties.
6. While you examine the images, think back to the event and what you observed.
7. Persons in the photographs may not appear exactly as they may have on the date of
the incident because features change such as facial hair, head hair, etc.
8. At the conclusion of this procedure, I will ask you to state why you are certain of
your identification or why you feel that you could not identify anyone.
G. The independent administrator shall use the Line-up Viewing Form to document the
identification regardless of outcome. If a positive identification is made, the witness
should also circle the appropriate photograph and note the date/time on the photo line-
up.
Responsibility of investigating officers:
A. Primary investigating officers:
1. Prepare the photo line-up and place it in a folder for the independent administrator.
2. Document the identifying information on all filler photos whenever possible.
3. Preserve the photo line-up, documentation and recordings of the administration for
evidence.
4. If the witness is illiterate, arrange for the independent administrator to ensure the
witness understand the instructions provided by this policy.
5. If the witness is hearing impaired and utilizes sign language to communicate,
arrange for an interpreter/translator to be present that can be utilized by the
independent administrator. If an interpreter is used, that person and subsequent
translation must be observable on the audio/video recording.
6. If the witness is non-English speaking, arrange for an interpreter/translator to be
present that can be utilized by the independent administrator. If an interpreter
issued, that person and subsequent translation must be observable on the audio/
video recording.
7. If translators/interpreters are utilized, the primary investigating officer must ensure
said translator/interpreter is unaware of the identity of the suspect to maintain the
independent administration of the photo line-up.


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D

B. Independent administrator responsibilities:
1. Provide the witness with the Line-up Viewing Form and explain the instructions listed
at the top of the form.
2. While explaining the instructions to the witness, ensure that the line-up is not visible
(preferably contained in a folder).
3. Regardless of whether the line-up to be given is being administrated in a sequential
fashion or a simultaneous fashion, ensure the photographs are numbered and order
of presentation is documented.
4. Ensure the witness looks at all photographs regardless of when or if the
identification is made.
5. Complete the remainder of the Line-up Viewing Form.
6. Return all files, photographs, line-ups and forms to the primary investigating officer.
Field Identification Procedures (TBP 7.32)
When an officer develops a suspect in reference to a specific offense, they may employ a one-
on-one identification where the victim and/or witness may observe the suspect for identification
purposes. When conducting a one-on-one identification, the officer should consider:
A. The witnesss opportunity to view the offender during the offense (a complete
description of the suspect should be obtained from the witness prior to identification);
B. The witnesss degree of attention;
C. The accuracy of the witnesss prior description of the criminal and
D. The length of time between the crime and the field identification (three (3) hours is
generally accepted in Department operations as the time frame in which one-on-one
identifications should be conducted).
When a suspect is being detained on reasonable suspicion and they refuse to cooperate in a
one-on-one identification, the witness should be taken to the suspects location in order to
participate in the identification process.
Officers should conduct all eyewitness identification procedures in a fair and impartial manner in
order to avoid suggestiveness and influence on witnesses.
A complete video and audio record of the identification procedure should be made.
Field identification should only be conducted with one witness present at a time. If the field
identification is conducted for more than one witness, it should be done separately. The
witnesses should be separated and not permitted to communicate before or after the field
identification until the results are documented. No witness should be able to observe another
witness during the presentation of the suspect.
The same suspect should not be presented to the same witness more than once.

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E

Field identification should not be conducted when the suspect is handcuffed or otherwise
restrained unless safety concerns dictate otherwise.
Suspects should not be required to put on clothing worn by the perpetrator, to speak words
uttered by the perpetrator or to perform other actions of the perpetrator.
Words or conduct of any type by officers that may suggest to the witness that the individual is
or may be the perpetrator should be avoided.
Supervisory approval should be obtained before conducting a field identification.
The following should be given to each witness prior to conducting a field identification or one-
on-one procedure:
A. You will be asked to view a person.
B. The person who committed the crime may or may not be the person presented.
C. You do not have to identify anyone.
D. Regardless of whether you make an identification, we will continue to investigate this
incident.
E. It is just as important to clear innocent persons from suspicion as it is to identify guilty
parties.
F. While you examine the person, think back to the event and what you observed.
G. At the conclusion of this procedure, I will ask you to state why you are certain of your
identification or why you feel you could not identify anyone.
Live Line-up Procedures (TBP 7.32)
Live line-up procedures will be addressed in the policies of the Criminal Investigation Division.


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Affidavit/Statement/Narrative Contents
The purpose of affidavits and statements is to document or record details of crimes and other
incidents in writing. Affidavits are to contain as much detailed information as can be obtained
from victims of crimes and the witness(es) to crimes or incidents. Detailed points to be
answered in sworn affidavits are basically who, what, when, where, why and how. Officers
should refrain from including opinions or items not observed by the officer.

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Emergency Driving (General)
The Departments primary objective in all emergency driving situations is the protection of lives
and the safety of all persons. During emergency driving situations, officers will operate their
vehicles with extreme caution and in accordance with Chapter 546 of the Transportation Code.
Driving under emergency conditions does not relieve the officer from the duty to drive with due
regard for the safety of all persons nor will these provisions protect the officers from the
consequences of their reckless disregard for the safety of others.
Negligent or reckless action committed by police officers while in pursuit or when responding to
emergencies is prohibited by law and expressly forbidden by this policy. The duty to avoid
damage or injury to innocent third parties is superior to that of the pursuit or emergency
response.
Emergency Driving (Non-Pursuit) (TBP 7.15)
Definitions:
A. Non-pursuit emergency driving is the operation of an authorized emergency police
vehicle (with emergency lights and siren activated) by a police officer in response to a
life threatening situation or violent crime in progress, using due regard for the safety of
all persons.
B. Emergency response is limited to situations where there is a substantial risk of injury or
danger to life.
The decision by an officer or a supervisor to drive, or continue to drive, under emergency
conditions will be in accordance with the provisions of this procedure and will be based on the
following considerations:
A. Officers will consider such factors as time of day, traffic conditions, location, weather
and other factors, which may be a potential hazard or liability to themselves or other
persons.
B. Officers will have sufficient information to justify the decision to drive under emergency
conditions.
C. When responding to an emergency situation, including officer needs assistance,
officers will keep in mind that though a rapid response may be important, safe arrival is
necessary in order for them to be of assistance.





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Code 3 Proceed directly and as quickly as reasonably possible, using all emergency warning
equipment constantly. Speed may exceed the posted limit as long as it is reasonable for the
existing conditions. Officers should approach all intersections with caution and proceed only
when it is absolutely safe to do so. Officers engaging in a Code 3 response must ensure that
their MVR is recording during that response. No officer should operate a police vehicle in
emergency (Code 3 or pursuit) status with any passenger(s) other than a police officer(s).
During emergency situations where a civilian rider is left behind, the officer shall notify
Communications in order to have someone dispatched to the riders location. Police vehicles
not equipped with emergency lights and siren should not be operated in emergency (Code 3 or
pursuit) status.
Code 2 Proceed directly to call without delay and without the constant utilization of
emergency warning equipment. Officers may not exceed the speed limit by more than 10
M.P.H. (15 M.P.H. on a divided highway) and shall stop at all red lights and stop signs before
proceeding with extreme caution. Officers shall use emergency lights and siren to clear
intersections once they have stopped, cleared the intersection and have made sure each vehicle
and pedestrian in the area acknowledges their presence and have yielded right of way to them.
Police officers responding in a Code 2 mode may operate without using emergency warning
devices only when the officer is responding to an emergency call and the officer has probable
cause to believe that:
A. Knowledge of the officers presence will cause the suspect to destroy or lose evidence of
a suspected felony;
B. Knowledge of the officers presence will cause the suspect to cease a suspected
continuing felony before the officer has acquired sufficient evidence to establish grounds
for arrest;
C. Knowledge of the officers presence will cause the suspect to evade apprehension or
identification of the suspect or suspects vehicle;
D. Traffic conditions on a roadway are such that movement of motorists in response to the
emergency warning devices may increase the potential for a collision;
E. An officer needs assistance to the degree that any delay of assistance could result in
loss of life or severe bodily injury to persons involved, but a Code 3 response is likely to
escalate the situation or
F. An officer needs assistance but the gravity of the situation does not require a Code 3
response.
G. Officers engaging in a Code 2 response must ensure that their MVR is recording during
that response.



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B

Code 1 Unless otherwise authorized by this chapter, all officers of the Department will operate
their vehicles in a Code 1 mode. Code 1 is driving in compliance with all traffic laws.
Emergency Driving (Pursuit) (TBP 7.13, 7.14, 7.15, 7.18)
Definition: A motor vehicle pursuit is an attempt by a law enforcement officer operating an
authorized emergency vehicle, utilizing emergency equipment, emergency lights and siren, to
apprehend occupant(s) of another motor vehicle, when the driver of the fleeing vehicle is aware
or should reasonably be aware of that attempt, and is resisting apprehension by maintaining or
increasing the speed of his/her vehicle, disobeying traffic laws, ignoring the officer or
attempting to elude the officer.
An officer may only engage in pursuit to affect an arrest when:
A. Low speed pursuit the suspect vehicle is:
1. Not exceeding the posted speed limit by more than ten (10) miles per hour (fifteen
(15) M.P.H. on a divided highway); or
2. Not being driven in a hazardous manner that would subject the public to substantial
risk of injury or damage to property.
If the suspect driver exceeds the speed limits stated above; or commits a hazardous violation
after the pursuit has begun or begins to drive in a hazardous manner, the pursuit will be
terminated.
B. Prior to initiating the pursuit, the actions of the driver present such a clear and
immediate hazard of death or serious bodily injury to other motorists or persons
currently on or near a roadway that the immediate apprehension of the suspect is
required to terminate the hazard. An immediate hazard would be similar to a vehicle
weaving all over the roadway or being driven against the flow of traffic on the interstate.
If an officer observes a single hazardous violation, he or she should attempt to stop the
violator. Continued hazards that are occurring because the driver is attempting to elude
law enforcement, however, is not justification for a pursuit.
C. Prior to initiating the pursuit, probable cause exists that the violator has committed a
felony offense. A pursuit cannot be initiated merely because the suspect flees from a
traffic stop.
D. Prior to initiating the pursuit, it is known that the person attempting to flee is
committing an assaultive act that places a person in immediate danger of injury to
health, life and/or safety of persons other than the suspect.
E. Prior to initiating the pursuit, the officer is attempting to apprehend the suspect to
prevent the suspect from acting out threats to the life, health and/or safety of persons
other than the suspect and the pursuit is necessary for the prevention of offenses
related to the threats.

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D

The decision to avoid apprehension and cause a pursuit to be initiated rests with the suspect.
Once a pursuit has begun, the responsibility to continue a pursuit in the safest possible manner
or to discontinue a pursuit when conditions no longer justify a pursuit rests with the pursuing
officer and their supervisor(s).
During a pursuit, the officer(s) and the supervisor will constantly evaluate the need to continue
the pursuit against the risk of injury to any innocent person or damage to property. The
decision to terminate a pursuit based upon the greater safety needs of the community is proper
police procedure.
When an officer decides to continue a pursuit a suspect has begun:
A. No more than two (2) marked units will be involved in the pursuit unless additional units
are specifically instructed by the supervisor in charge to become engaged;
B. The officer attempting to make the initial stop will be the primary unit; the other officer
will be the back-up unit and
C. The primary unit will activate the vehicles emergency lights and siren and immediately
notify Communications of the pursuit by using the term 10-80 and give the following
information (failure to give any of the information may be cause for the supervisor in
command to terminate the pursuit):
1. The unit identifier;
2. Location and direction of travel;
3. All available identifying information of the suspect vehicle and occupant(s) and
4. The nature of the offense for which the fleeing vehicle is being pursued.
D. The back-up unit upon becoming actively involved in the pursuit will:
1. Activate the emergency lights and siren;
2. Immediately notify Communications;
3. Follow the primary unit and maintain sufficient distance between their unit and the
primary unit to ensure safe operation of both vehicles and
4. Take over radio communications being allowed to turn their siren off when necessary
to successfully communicate over the radio.
E. Other units will be support units and may:
1. Operate lights and siren as needed for purposes of safety, such as in a Code 2 mode
in order to clear intersections in the path of an on-coming pursuit but
2. Will not become actively engaged in the pursuit unless directed to do so by the
supervisor in command.
F. Support units will:
1. Cover possible escape routes and
2. Be available to assume a backup or primary role should one of the original units
become unable to continue the pursuit.


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E

G. Support units that inadvertently intercept the pursuit, will not attempt to intervene,
but will instead attempt to obtain additional identifying information about the suspect
vehicle and driver.
H Police motorcycle units and K9 units may become involved in a pursuit only when
immediately necessary to insure the safety of officers and citizens. Drivers of these
units should seriously consider the hazards of their involvement and should begin and/or
continue the pursuit only when no other reasonable alternatives are available. When any
other marked police unit joins the pursuit, the motorcycle or K9 officer will immediately
terminate their involvement.
When Communications receives notification of a pursuit is in progress, the operator will:
A. Immediately ensure a Patrol supervisor is aware of the pursuit;
B. Clear the primary channel of all traffic not specifically related to the pursuit;
C. Begin all available intelligence checks using the information supplied by the primary unit;
D. Report the results of the intelligence checks as soon as possible to the involved units
when radio traffic and a consideration for the safety of the involved units make it
feasible to do so; and
E. Record all incoming information concerning suspect and suspect vehicle descriptions,
direction of travel of the pursuit and all times when information is received. It is not
necessary or recommended to broadcast all times. Times of major events of the pursuit
and other occasional time references are all that are necessary to be broadcast.
The supervisor, upon notification a pursuit is in progress, will immediately notify
Communications he is aware of the pursuit and by doing so, he has assumed command of and
responsibility for the pursuit. Thereafter, they will:
A. Not become actively involved in the pursuit as the primary or back-up unit;
B. Be responsible for the safe conduct of the pursuit in accordance with these provisions;
C. Continually re-evaluate the need to continue the pursuit;
D. Terminate the pursuit when, in their opinion, the dangers of continued pursuit outweigh
the need to apprehend the suspect and
E. Be responsible for seeing a pursuit report is prepared and forwarded.
During the pursuit, the supervisor will be responsible for:
A. Directing units into or out of the pursuit;
B. Re-designation of primary, back-up, or support units when necessary;
C. Approval and use of tactics designed to disable the fleeing vehicle and
D. Approval to leave the jurisdiction of the Department in order to continue the pursuit.


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I

The pursuit will be immediately terminated if:
A. Any supervisor terminates the pursuit; or
B. Environmental factors such as rain, ice, snow, fog or dust substantially increase the
dangers of the pursuit; or
C. The pursuit proceeds into an area of heavy traffic or pedestrian congestion; or
D. The primary unit loses sight of the suspect vehicle for other than a very short period of
time or
E. When it reasonably appears that potential harm to persons or property arising from such
pursuit outweigh the potential harm threatened by the offender. The officer should
consider all relevant factors including:
1. The nature of the offense committed by the offender;
2. The extent to which the offender may be identified;
3. Present ability of other officers to apprehend the offender;
4. Knowledge of previous activities of the offender and
5. The potential for physical harm to persons or property resulting from the pursuit of
the offender.
Upon notification a pursuit has been terminated, all involved unites will:
A. Immediately cease emergency operation;
B. Acknowledge by radio the pursuit has been terminated; and
C. Return to normal police operations.
At no time will any officer continue in pursuit of a suspect vehicle after notification that the
pursuit has been terminated.
Department units will not be used for ramming a suspect vehicle. Officers will not create a
blockade unless the following conditions exist:
A. Only when the use of deadly force is authorized and only after all other reasonable
means of apprehension have been exhausted may an officer attempt to apprehend a
fleeing offender by creating a blockade.
B. Prior to constructing a blockade, an officer must receive permission and specific
instructions to proceed from the Chief of Police.
C. If a blockade is constructed, the officer must employ a reasonably effective advance
warning system in order to alert motorists, including the offender, of an approaching
blockade. Such deployment shall occur no later than at the time the blockade becomes
operative.
D. At no time shall the officer position himself or herself behind the blockade in the direct
line of the offender.

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:

An officer shall not use deadly force against a fleeing offender unless the officer has probable
cause to believe his own actions will not further jeopardize innocent bystanders and the
offender:
A. Committed a felony that involved the use or threatened use of deadly force or otherwise
caused death or serious bodily injury;
B. Will likely cause death or serious bodily injury to others if the offenders arrest is
delayed;
C. Cannot safely be apprehended by using less force and
D. Where feasible, the officer has given some warning of the use of deadly force.
If the pursuit leaves the jurisdiction of the Department:
A. The primary officer will advise Communications;
B. The supervisor will decide whether to terminate the pursuit or allow it to continue and
C. If the agency with jurisdiction joins the pursuit, the Department will remain as the
primary unit until the agency with jurisdiction, by action or voice, assumes the role as
the primary unit. Department units will remain in the pursuit, as a primary or secondary
unit, until the suspect is apprehended, escapes or the pursuit is terminated by the
Department. If the Department terminates the pursuit, all efforts will be made to inform
the outside assisting agencies that the pursuit is being terminated and why.
If another agency becomes involved in a Department pursuit within the city limits, the following
will apply:
A. If a unit from another agency becomes involved, the Department units will continue
their roles as primary and back-up units until such time as the supervisor deems our
roles need to be changed.
B. The primary unit will immediately advise Communications so that Communications can
begin trying to establish communications with the other agency. Communications will
ask the other agency to switch to a common frequency so the pursuit supervisor can
communicate car-to-car with the other agency and determine what role each agency will
take.
C. The supervisor in command will re-evaluate the pursuit and terminate this Departments
involvement in the pursuit if the situation becomes so hazardous that our continued
pursuit is unreasonable. If the supervisor terminates the pursuit or changes the roles of
our units, he/she will advise the other agency of the termination or role changes.




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F

When a pursuit involving units of another jurisdictions enters the city limits of Haskell:
A. Communications will advise the Chief of the pursuit;
B. Police units of the Department will serve only as support units and will not become
actively involved in the pursuit unless assigned by a supervisor; and
C. Department units will act as backup units as necessary and as assigned by a supervisor
should the suspect vehicle stop within the city limits of Haskell.
The Patrol Officer on duty during the pursuit is responsible to ensure a full report of every
pursuit will be forwarded to the Chief of Police through the chain of command, including:
A. Officers report of the pursuit, copies of other paperwork generated by the pursuit
including arrest documents, case reports, criminal history of the suspect, medical forms
and statements of witnesses.
B. Supervisors report including an evaluation of the involved officers report and any city
accident/injury report forms and medical forms.
C. Communications pursuit report, including a copy of the recording made during the
pursuit and
Stop Stick Deployment (TBP 7.19)
Deployment of Stop Sticks may be utilized to attempt to safely terminate pursuits authorized
under this policy.
The goal of deployment is to quickly and safely end pursuits with minimal property damage
and/or injury to any party. The safety of citizens and officers is of the utmost concern.
Stop Sticks will not be deployed to stop fleeing motorcycles unless the use of deadly force is
justified. Officers deploying Stop Sticks will adhere to the following guidelines:
A. Stop Sticks should only be deployed on a roadway where there is minimal traffic and
other obstacles (i.e. parked cars, pedestrians, etc.) on the roadway.
B. Officers should avoid deploying Stop Sticks immediately before a curve in the road, if
possible.
C. Officers should utilize cover and/or concealment in the deployment of Stop Sticks both
as a safety factor for them and to not provide the fleeing suspect the opportunity to
avoid them. Officers will avoid deploying in an open area with no cover.
D. Officers deploying Stop Sticks will advise Communications and pursuing units of the
location of deployment. Pursuing officers will take this into consideration and give
enough distance behind the fleeing suspect vehicle to allow Stop Sticks to be withdrawn
from the roadway after the suspect vehicle passes.
E. In the event a patrol unit inadvertently receives a blown tire, the officer will immediately
terminate their involvement in the pursuit.

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G

F. If the fleeing suspect attempts to hit the officer deploying the Stop Sticks, that
information will be immediately broadcast to Communications and all units.
After successful deployment of the Stop Sticks and the termination of the pursuit, the officer will
take the utilized sections of the Stop Sticks out of their black sleeves and replace with new
section. The used section(s) will be forwarded to the Pursuit Review Board chairman so he may
complete the necessary report to the Stop Stick company for replacement of the used sections.
A Use of Force form will be filled out and forwarded to the Director and Chief of Police.
1

Haskell Police
Department











December 2011

____________________________________
Director of Public Safety
Mathew Duran

Richard Candelaria
Chief of Police



Property and Evidence
Manual
2



3












EVIDENCE AND PROPERTY MANUAL



You, the users of this Manual, are the most important element in keeping this
publication current and viable. You are encouraged to submit any comments or
recommendations pertinent to this manual at any time.

Comments should be KEYED TO SPECIFIC PAGE, PARAGRAPH AND LINE of the text in which you
feel an improvement is needed. You should provide reasons for each comment to
ensure complete understanding and evaluation of your comment and recommendation.
Send your comments to the Chief of Police in a memorandum format.














4



TABLE OF CONTENTS

CHAPTER 1
INTRODUCTION .................................................................................................... 7
1-1 SUMMARY ...................................................................................................... 7
1-2 OBJECTIVES ................................................................................................... 7
1-3 PURPOSE: ..................................................................................................... 8
1-4 RESPONSIBILITIES ........................................................................................... 8
1-5 POLICY ....................................................................................................... 10
CHAPTER 2
COLLECTING AND PACKAGING EVIDENCE .................................................................... 11
2.1 COLLECTING AND PACKAGING EVIDENCE ................................................... 12
2.2 DOCUMENTATION OF EVIDENCE ......................................................................... 13
2.3 PROCESSING EVIDENCE ................................................................................... 15
2.4 CHAIN OF CUSTODY (COC) DOCUMENT. .............................................................. 21
2-5 PACKAGING AND STORAGE OF EVIDENCE .............................................................. 24
CHAPTER 3
3-1 CRIME LABORATORIES .................................................................................... 31
3-2 LABORATORY FORMS ...................................................................................... 31
3-3 LABORATORY GUIDELINES ................................................................................ 31
CHAPTER 4
STORAGE - PRESERVATION - DISPOSITION ................................................................. 32
4-1 EVIDENCE STORAGE AND DISPOSAL CONCEPT ....................................................... 33
4-2 PRESERVATION OF EVIDENCE AND PROPERTY ........................................................ 35
4-3 TEMPORARY STORAGE. ................................................................................... 35
4-4 LONG-TERM STORAGE .................................................................................... 36
CHAPTER 5
COMPLIANCE TEST .............................................................................................. 47
5-1 INTRODUCTION ............................................................................................. 48
5-2 COMPLIANCE TEST ......................................................................................... 48
5-3 AUDITS....................................................................................................... 48
5-4 SAMPLING METHODS..49
CHAPTER 6
SECURITY AND SAFETY ......................................................................................... 52
6-1 SAFETY ....................................................................................................... 53
6-2 RESTRICTED ACTIVITIES.................................................................................. 54
6-3 TOXIC CHEMICALS. ........................................................................................ 54
6-4 FIREARMS EVIDENCE ...................................................................................... 55
6-5 SECURITY .................................................................................................... 56
APPENDIX 1
EXPLANATION & ABBREVIATIONS ............................................................................. 59
REFERENCES ...................................................................................................... 61
5

APPENDIX 2
EVIDENCE PACKAGING CHART ......................................................................... 63
APPENDIX 3
COMPLIANCE TEST .............................................................................................. 67
APPENDIX 4
LETTERS ........................................................................................................... 74
APPENDIX 5
SPECIAL ORDERS ................................................... ERROR! BOOKMARK NOT DEFINED.
PROCEDURES FOR HANDLING PROPERTY ............ ERROR! BOOKMARK NOT DEFINED.
PROPERTY ROOM SAFETY: ........................................ ERROR! BOOKMARK NOT DEFINED.
PROPERTY ROOM SECURITY ...................................... ERROR! BOOKMARK NOT DEFINED.
RIGHT OF REFUSAL ................................................. ERROR! BOOKMARK NOT DEFINED.
WITHDRAWAL AND RETURN OF PROPERTY .................... ERROR! BOOKMARK NOT DEFINED.
DISPOSITION OF HAZARDOUS MATERIAL ...................... ERROR! BOOKMARK NOT DEFINED.
DRUG TRAINING POLICY .......................................... ERROR! BOOKMARK NOT DEFINED.
PROPERTY AND EVIDENCE COMPLIANCE TEST ................ ERROR! BOOKMARK NOT DEFINED.
PROPERTY AND EVIDENCE INVENTORY ......................... ERROR! BOOKMARK NOT DEFINED.
APPENDIX 6
COMMON CHEMICALS ..................................................................................... 79
PRECURSOR, REAGENT & SOLVENT USES ......................................................... 80








6


Section A


General Information













7


Introduction

This Manual is a complete revision of the Haskell Police Departments Property and
Evidence Manual. However, much of the information will be familiar to the users
because some of the information was taken directly from the previous two versions
of the Departments Property and Evidence Manual.

1-1 Summary

This manual covers evidence procedures, including collecting, receiving, processing,
preservation, safeguarding, accountability and disposition. It also delineates
responsibilities among management, officers, property technicians and other staff who
may be associated with evidence handling.

Physical evidence is one of the most valuable assets in bringing an investigation to a
successful conclusion. It produces leads for the officer and aids in establishing guilt or
innocence of an accused person in a court of law.

To achieve the maximum benefit from physical evidence, the officer must not only be
skilled in collecting evidence; he must know how to handle and preserve it for the
development of leads, laboratory examination and for presentation in court.

Handling evidence involves storing it in a manner so that it retains its original condition
(as nearly as possible), maintaining a chain-of-custody to ensure evidentiary value is
retained, proper transmittal of the item to a laboratory for analysis when necessary,
and proper disposal of the item when it is no longer of evidentiary value.

1-2 Objectives

The Law Enforcement property and evidence central function has four major objectives.
These objectives must be attained individually and collectively:

A. Meet Legal Requirements Federal, State & Local laws, regulations and
ordinances often dictate the procedures for handling, storage and
disposal of property. Questions on legal issues in property and evidence
management will be referred to the District Attorney Office and/or the City
Attorney.

B. Meet administrative Requirements To meet this objective administrative controls
will require all property and evidence to be inventoried by the booking officer, a
complete description provided, tagged and the storage location identified as long as
the property and evidence is in police custody.
8

Additionally periodic compliance tests will be conducted. Compliance tests will be
conducted to ensure that all laws, policies, and regulations are being followed.
Compliance test measure the effectiveness and efficiency of the overall operation of
the property and evidence room. They will identify strength and weakness and
make recommendation for improvements and minimize risk of loss or
unauthorized release of property/evidence.

C. Property handling and storage This manual will provides comprehensive guidelines
to prevent injury or health hazards to personnel who must handle evidence, protect
the integrity of the property and evidence and prevent fires and explosions. Special
attention will be given to the handling & storage of firearms, ammunition,
explosives, flammables, toxic substance, valuable items, and biohazard materials.

D. Protect property owners rights Property owners rights will be protected unless the
property is contraband or it has been ordered forfeited after a due process hearing.
Clear standards are established for the custody and return of property to its rightful
owner.

1-3 Purpose:

A. To provide standards for booking, processing, safeguarding, storing and disposal of
physical property and evidence in the custody of the Haskell Police Department
(HPD).

B. To identify the responsibilities of all personnel whose duties involve collecting,
processing, storing and handling physical evidence for the Haskell Police
Department.

1-4 Responsibilities

A. Chief of Police:
1. Prescribe policies, standards and procedures for processing, property and
evidence.
2. Prescribe methods to secure and account for property and evidence.

B. Assistant Chief Support Services Bureau:
1. Select/appoint a qualified manager of records, property and evidence.
2. Participate in the selection and supervision of property and evidence technicians.
3. Approve Compliance Test and audit schedules.
4. Participate as necessary in Compliance Tests and audits.
5. Appoint sworn personnel to conduct inquiries and/or investigations as required.


9

C. Manager of Records, Property & Evidence:
1. Select qualified personnel to perform the duties of Property and Evidence
Technicians.
2. Ensure that Policies, Standards and Procedures established by the Chief of Police
are performed to meet the intent of Federal and State laws, regulations and local
laws and ordinances.
3. Ensure Quality Control through Compliance Tests.
4. Request audits as directed by the Deputy Chief Services Bureau or as required
based on identified need.
5. Ensure proper handling and processing of property and evidence.
6. Conduct compliance Tests as needed, but not less than quarterly.
7. Be a resource for the technicians through supervision, direction and guidance.

D. Property and Evidence Technicians
1. Evidence technicians primary responsibilities are to book, classify, store, return
property and evidence to rightful owner, release evidence for court presentation
and prepare items for destruction or auction.
2. Maintain and store property and evidence in such a manner that the individual
items are secure from theft, loss, contamination, and can be located in a timely
manner.
3. Maintain Property and Evidence Document (PED) with proper notations of all
actions associated with the property and evidence, commonly referred to as
chain of custody.
4. Ensure timely notification to owner.
5. Operate computer terminals in case disposition research and other related
information involving the classification and disposition of property and evidence
items.
6. Coordinate the disposal of unclaimed and surplus property and the special
disposal of narcotics, explosives, hazardous materials, and weapons.
7. Release of property to persons legally entitled.
8. Make recommendations for improvements to the Property and Evidence Manual.
9. Stay inform on local, state and federal Laws, regulation and local ordinances
involving property and evidence handling.
10. Maintain a clean and orderly property and evidence storage facility.
11. Protect property and evidence from loss, deterioration and damage.
12. Ensure that all PEDs are correctly processed.
13. Maintain all PEDs and files in an orderly manner.

E. Police officers:
1. Collect property and evidence at the scene.
2. Conduct the initial inventory of the property and evidence, provide a clear
description of the property or evidence, initiate the chain-of-custody document
(COC) and tag/mark the property or evidence for identification.
3. Proper packaging of items prior to submitting it to the evidence technicians.
10

4. Informing the technician when the property or evidence is no longer needed for
police purposes.
5. Inform the technician when special handling of property or evidence is required.
6. Ensure prompt return of property or evidence released to the officer for court or
investigative purposes.

1-5 Policy

This manual establishes internal management procedures for control and
disposition of property and evidence in custody of the Haskell Police
Department. All officers and Supervisors will acquire a working knowledge of the
standards and procedures contained in this manual.

The standards and procedures established by this manual will be followed without
exception unless otherwise authorized by the Chief-of-Police.

Evidence Technicians are authorized to refuse acceptance of any PED, form or
property or evidence that has not been prepared in accordance with standards and
procedures of this manual.

11








CHAPTER 2


Collecting and Packaging
Evidence







12

2.1 COLLECTING AND PACKAGING PROPERTY AND EVIDENCE

The protection and safeguard of evidence begins at the scene. Collection of evidence
at a scene is usually accomplished after the search has been completed, rough sketch
finished and photographs taken. It may be advisable under certain conditions to collect
various fragile items of evidence as they are found. For example, items of evidence
that would be destroyed by the elements or become contaminated despite protective
measures, and those items that would impede further search should be collected when
they are located and depicted on the sketch. The essential factor is that evidence
be carefully and properly collected.

Evidence must be handled as little as possible. See figure 2.1 recommended methods
of handling specific items that may be collected at a scene. If the officer touches a
piece of evidence in a manner that leaves his fingerprints on the article, and potentially
the article will contain fingerprint evidence, the officer should indicate this fact in his
notes and inform the fingerprint examiners. To decrease delay the officer should submit
his fingerprints with the evidence, if his prints are not on file with the department.

It may be necessary to damage or partially destroy an article to collect important
evidence. For example, it may be necessary to cut the upholstery on a piece of
furniture to obtain an area stained with blood. Such action is based on the merits of
the individual case. A door or window may be removed from a building to have it
processed at a laboratory or held as evidence.

Figure 2.1 Recommended methods for handling specific items of evidence
Item Method
Firearms Use your fingers on the knurled grips. Do not touch smooth metal parts. Place
flat in a box for transporting.
Paper money, documents Use tweezers. Do not place tweezers over any obvious smudge. Place each item
in a clean envelope or bag.
Broken glass Use your fingers on the edges of large pieces. Do not touch flat surfaces. Use
tweezers on pieces too small for you fingers. Do not grasp over any obvious
smudges. Wrap pieces individually in clean tissue and place in a small box.
Dried stains on smooth surface
of furniture
Scrape with pocket knife or putty knife, removing as little of the finished surface
as possible.
Bottles, jars, drinking glasses Insert two or more fingers into large mouth vessels. Place the index finger on the
top and bottomof small mouth vessels. Do not contaminate or spill any substance
in the vessel that may be of evidentiary value.
Bullet Use your fingers or tweezers. Avoid damage to rifling marks on the
circumference. Place in a pillbox.
Cartridge case Pick up at the open end with tweezers. Avoid scratching. Place in a pillbox.
Dried stains on a floor Remove by gouging deeper than the stain with putty knife, wood chisel, or other
necessary tool. Place in a pillbox or larger similar container.


13

2.2 Documentation of Property and Evidence

Documentation must provide an audit trail and history of each property and evidence
item while it is in the custody of the department. The control procedures described in
this chapter provide guidelines necessary for effectively documenting the activities
associated with property and evidence in the custody of Haskell Police Department.

A. Marking and Tagging of Property and Evidence:
The officer who receives, recovers, or seizes physical evidence must be able to
positively identify the item at a later date as being the specific item obtained in
connection with a specific investigation. This is accomplished by marking and or
tagging the property or evidence as it is collected. Officers should form the habit of
marking or tagging evidence promptly.

B. Marking:
When marking an item of property it should be marked with the officers initials,
date and time the item was taken into custody. Care will be exercised to place the
marking so as not to destroy any latent characteristic on the item or to reduce its
intrinsic value. The office must use sound judgment and common sense when
deciding where to mark an item. The marking can be inconspicuously placed,
especially when the item is recovered stolen property, and will be returned to the
owner. By placing the marking in inconspicuous locations, unnecessary marring of
personal property is avoided. When an item of evidence cannot be marked it will be
placed in a suitable container the container will be sealed, and both the container
and the cover marked for identification. Diamond point pencils are recommended
for marking on hard surfaces and ink on other items.

NOTE: For illustration on marking weapons see DPS physical evidence
handbook page 41[Lab/c-13 (rev.6-98)].

C. Tagging:
When the property and evidence are tagged, the tag will be attached to each
itemized article of evidence or property. When items are grouped together and
listed as one item on a property and evidence document, only one tag will be used,
(for example a Tool Box containing tools). The self-adhesive evidence/property tag
can be used for most items. Infrequently there will be an item that the self-
adhesive tag will not adhere to, on those occasions the shoe tag version of the tag
will be used or the item can be marked. The self-adhesive tags will be affixed
directly to the item of evidence/property, or it may be affixed to a blank shoe tag,
which is attached to the item.

14

D. Evidence tags will be attached to the item of evidence/property at the first available
time after the item is taken into custody. The tag has four types of information,
that must be listed:
1. Case number: the case number is provided on all cases by dispatch. This
number must be the same as the number listed on the Property and Evidence
Document (PED).
2. Item number: the item number from the PED designated from the specific
article being tagged. If an item appears as item 1 on the PED, the evidence tag
identifying that item must be numbered as item 1.
3. Officers number: originating officers permanent 3-
digit identification number.
4. Date: the date the item was first taken into custody.
This date must be the date listed on the corresponding PED.

E. Location for tag placement:
1. Bags of property: on the upper left corner of the bag.
2. Sealed boxes of property: on the top left corner of the lid.
3. Unsealed boxes of property; on the upper left corner of the
box.
4. Bicycles: around the seat support post.
5. Vehicles: inside on the drivers side of the steering column.
6. Motorcycles; on the left side of tank secured with scotch
tape.
7. *Revolvers and Automatic pistols: around the barrel,
secured with scotch tape.
8. *Shoulder fired weapons: on the stock, if none, around the
barrel, secured with scotch tape.
9. *Electronic equipment: on the upper left corner.
10. Beer cans and other liquor containers: on bottom secure
with tape.
10. Print cards: on the reverse side of each card.
11. Cloth and clothing; stick on in a visible location or use the shoe type tag.
12. Evidence to be checked for prints: on the container holding the
evidence or on a portion of the item not suspected to contain latent prints.
14. Drivers license, passports, other identification documents:
on the reverse of the document.

*These items should be considered for marking rather than tagging.

15

2.3 Processing Evidence

A. General: Except in unusual circumstance evidence/property will be released to the
custodian no later that the first working day after it is acquired. Evidence acquired
during non-duty hours will be secured in a temporary storage bins and the key
placed in the key box. Multiple items and items from more than one case may be
stored in the same temporary storage bin when feasible.

B. Booking of evidence/property: The officer who recovers or seizes evidence/property
shall be responsible for transporting and booking, except when the responsibility for
doing so is assumed by or assigned to another officer or department employee. If
the property/evidence is found by a private person, the officer who takes custody of
the property shall be responsible for transporting and booking the
property/evidence. At no time shall an officer or department employee retain
possessions of any property/evidence taken into custody. Property and evidence will
not be stored in any location other than the property and evidence vaults. However,
in special situation, officers may retain, possession of evidence/ property temporarily
during processing for booking. All property/evidence taking into custody of the
police department for booking shall be handled as follows:
1. Items shall be packaged in the smallest acceptable
container.
2. Acceptable containers for submission of evidence shall
be the weapon boxes (hand guns, long guns, and knife
boxes); the 9x12 universal envelopes, brown paper bags;
heat sealed plastic envelopes, or cardboard boxes. Large
bundles of marijuana may be wrapped in brown butcher
paper or heavy plastic; before storing marijuana in plastic
officers must be sure it is completely dry. The property
custodian will provide a temporary location for drying
marijuana that must to be dried prior to storing.
3. Prior to booking all items shall be prepared and packaged in
accordance with the package and storage instruction.
4. Each item must be tagged with a property tag or placed in
the envelope provided by the department.
5. Property tags will not be placed on the gun or knife boxes.
The tag will be placed on the weapon before it is placed in
the box.
The booking officer shall provide complete and accurate information on all spaces
of the evidence tag.

16

C. Chain of Custody Document:
Property, which comes into the care, custody, and control of the Haskell Police
Department, must be inventoried on a Property and Evidence Document (PED).
The chain of custody begins when an item is collected and the chain is maintained
until final disposition.

In order to maintain a proper chain of custody, the property and evidence
document (PED) will be used to control and document the location, status, and
person responsible for each item of property or evidence in the custody of the
Department. Property items will not be booked into Property and Evidence,
released, handled or transferred from one storage location to another without the
appropriate documentation.

It shall be the responsibility of the individual in possession of property or evidence
to ensure that the item is properly handled and that evidentiary value is protected.

D. Property and Evidence Document (Form APD 174b):
The spaces at the top of the PED for Bin No. and Vault Log
No. are for the use of the Property and Evidence Custodian.

E. The Property and Evidence Document shall be completed as follows:
1. Administrative Block (see Figure 202):
(a) Originating Officer: The officer completing the
document.
(b) I.D. No.: Officers permanent 4-digit identification
number.
(c) Location Obtained: The address or location where
the property or evidence was found. If evidence is
seized under one case number, but the seizures are
separated by time and place, separate PED forms
should be used.
(d) Date Obtained: The day on which the property or
evidence was first taken into custody.
(e) Time Obtained: The time at which the property or
evidence was first taken into custody. If more than
one item is to be listed, the time should reflect
when the first item was found.
(f) Offense: The primary offense or offenses involved.
(g) UCR code: The UCR code for the primary offense.
(h) Reason Obtained: Check the appropriate box:
(1) Evidence: Items seized or retained as evidence, including items
seized to deter the results of theft.
(2) Found Property: Property found by or relinquished to the Haskell
Police Department, which is not evidence.
17

(3) Safe keeping: Property taken by or relinquished to the Haskell Police
Department to prevent the loss of property (valuables), the removal of
suspected evidence, or the injury of any person by the property.
(Example: The removal of a weapon from the scene of a domestic
disturbance.)
(4) Destruction: Contraband items which are not evidence and which are
to be destroyed.
(i) Person Property received from: The name of the
person from whom the property or evidence was received. This includes defendants.
Leave this block blank if the property or evidence
was not in the control of another person when the officer received it.
The remaining blocks should be completed using the appropriate
information for the person from whom the property was received. If
this block is left blank, the remaining blocks may be left blank.

Note: If property is seized from a suspect, and other property which was not
in the control of the suspect is seized at the same scene, the PED should be
clearly marked to identify which items were linked directly to the suspect
and which were not. This may be done by listing the suspects name on the
line adjacent to the property, which was in his or her control when seized. If
there is more than one defendant, list the suspects by last name, first name,
and date of birth adjacent to their individual items on the PED.
2. Description of Articles Taken Into Custody:
Each item of property or evidence must be numbered and described as accurately as
possible. Descriptions should be clearly written or typed, and should include
information such as type of article, brand name, model name and/or number, color,
serial number, Driver License or Social Security number (if engraved on property), and
name of defendant. The blanks in the right hand column should be filled out as
follows:
(a) Computer number (Com. No.): Entered by the
Property and Evidence Custodians only. These numbers denote the computer listing
sequence in RMS after the case has been entered.
(b) Lab: This block should be checked if the
corresponding item requires any type of lab analysis or processing,
i.e., narcotics testing, blood vials, film, etc. If this block is checked,
the officer should specify the lab to which the items should be
forwarded (DPS, Forensics, etc.), if this information is known at the
time the PED is completed.
(c) If the corresponding item is to be forwarded to the
Identification Section the booking officer will forward a copy of the
PED to I.D.
(d) Disposition Code: The disposition code reflects the
final disposition of the corresponding item and is
entered by the Property and Evidence Custodians only.
18

(e) Grouping Property/ Evidence in the Article
Description field: Multiple articles may be grouped together and
listed under one item number if such grouping will enable the
originating officer to more clearly list or describe the property or
evidence. The following items however, must be individually itemized
(1) Serial numbered Items: Items bearing a serial number, Drivers
License number, Social Security number or other identifying number.
(2) Items of Value: Items of monetary value, such as jewelry, checks, or
credit cards. When listing jewelry on the PED, it will be described as
gold color, not gold. Stones should be described as clear or green,
not diamonds or emeralds.
(3) Contraband: Prohibited weapons or narcotics, to include found
contraband.
(4) Lab items: Items to be forwarded to a lab for analysis.
(5) Large or loose Items: Large or loose items that cannot be physically
contained or stored with other items, such as furniture.
(6) Identification Documents: Identification documents issued by any
state or governmental agency, including passports, Driver Licenses, green
cards, etc.
(7) Fingerprint Items: Fingerprint cards or items to be checked for latent
fingerprints. Multiple fingerprint cards may be grouped together, but
fingerprint cards should not be grouped with any other item.
(8) Photocopy or Photographic Evidence: Film, photographs or
photocopies intended to replace physical evidence shall themselves serve
as evidence and must be listed separately on the PED.

Note: After all items have been listed in the Description field, the originating
officer should write No Further Items in the next available space, then
mark through any remaining spaces in the description field.
3. Notice of Property Disposition Hearing:
(a) The bottom portion of the PED must be completed
whenever a stolen or suspected stolen item is
seized and the ownership of the item is in dispute.
This includes items seized to deter the results of
theft.
(b) If an item is seized on or before the 10
th
day of the
month, a hearing will be scheduled for the last
Friday of the current month at 9:00 am in the Law
Enforcement Center. If the item is seized after the
10
th
day of the month, a hearing will be scheduled
for the last Friday of the following month at 9:00
a.m. in the Law Enforcement Center.
(c) Hearings are held in the up stairs conference room.
Citizens who indicate that they will appear for a
19

hearing will be instructed to report to the records
division counter.

Note: Property Disposition Hearings are held on the last Friday of each
month, with the exception of November and December. In observance of
Thanksgiving and Christmas holidays, hearings for these two months are
scheduled for the third Friday unless otherwise noted.
Figure 2-2

Bin No.______ Vault Log No._________
HASKELL POLICE DEPARTMENT PROPERTY AND EVIDENCE DOCUMENT
Case Number: ____________ Citation
Number:__________

Originating Officer I.D. No. Location Obtained
Date Obtained Time Obtained Offense UCR Code Reason Obtained () evidence ()found property
() safekeeping () destruction
Person Property Received From Code Home Address
D.O.B. Race Sex Drivers License
No.
Home Phone Business Phone Multiple Suspects
Yes
No
Description of Articles Taken Into Custody
Item
No.

Article Description-Name of article, Brand, Color, Serial/ID Numbers, Name of Multiple Suspects
Com.
No.
L
A
B
Dis.
Code



Notice of Property Disposition Hearing
I have been notified that the property listed above is believed to be stolen. I understand that a hearing before a magistrate to
determine the disposition of this property is scheduled for the _____day of __________________, 20______ at 9:00 a.m. at the
Haskell Police Department, 307 North 1
st
. I understand that at the time of the disposition hearing I will be required to show proof of
ownership of this property, and that my failure to appear at the date and time listed may result in the forfeiture of all property subject
to these proceedings.

Initials: ________ I agree to attend the disposition hearing for this property.
________ I waive claim of ownership to this property, and I do not wish to attend the disposition hearing.

Signature of person from whom property was seized:_________________________________________________
NOTE: Disposition Hearings- last Friday of each month, except November and December. On or before 10
th
=current month; after
10
th
= following month.
Operating Hours: Mon-Fri 8:00 a.m. to 5:00 p.m.

Page ____________
APD 174b (Rev. 12/1/97)



4. Correcting Errors on a PED:
(a) A PED that is found to contain an error may be
corrected without originating a new form. To
correct the PED, the originating officer will line
20

though the error and correct all three copies of the
PED. The originating officer must then initial all
changes on all three copies.
(b) If it would be easier correct the error by generating
new PED, the originating officer may destroy the
original PED and fill out a new one, provided that all
persons who signed the first PED are present to sign
the new PED. No person may sign for another
person; all signatures must be originals.
(c) Corrections to PED's which have already been
submitted to Property and Evidence may only be
made with the permission of a Property and
Evidence Custodian. NO PED will be altered
once it has been presented to court as
evidence.
5. Property and Evidence Document Supplement Sheet (HPD 174C):
When large quantities of property or evidence are to be
listed under one PED or when new property/evidence is discovered after the
original PED has been completed, the officer may continue to document the
transaction on a PED Supplement Sheet. All supplement sheets should be
numbered sequentially in the bottom right-hand corner as Page 2, Page 3,
etc. The original PED should be listed as Page 1. The Supplement Sheet may
only be used to document newly discovered property or evidence and the officer
completing the supplement also completed the original PED. If anyone other than
the originating officer is submitting newly discovered items, a new original PED
must be completed.
1. Property and Evidence Document will be routed as follows:
(a) Original white copy
The original white copy of a PED or PED supplement remains with the
property or evidence until the property or evidence is booked into the
authorized storage location. The white copy is filed in the property and
evidence administrative files. It is the official record for control and
disposition of the property and evidence.
(b) Yellow NCR copy
The yellow NCR copy of a PED or PED supplement remains with the
case jacket or original case report information. If the case involves a
hit and run accident, the yellow copy is routed to the accident
investigator. If the case is drug related, the yellow copy is routed to
the Special Operations Division. If a blood sample is listed on the PED,
the yellow copy is routed to the DWI coordinator.
(c) Pink NCR copy
The pink NCR copy of a PED or PED supplement is used as a receipt
for citizens from whom safekeeping property is received, or from
whom property is seized to deter the results of theft. If no such
21

receipt is necessary, the pink copy may be discarded or kept for the
officers records.

2.4 Chain of Custody (COC) document.

A. A strong COC is essential in maintaining the integrity of the evidence/property. It is
needed when the evidence is challenged in court, when audits are conducted, or
when there is a question concerning contamination of evidence. The COC must
provide a historical record of every action associated with an item of evidence or
property while it is in police custody. The following are important activities
associated with the COC:
1. A good description of the article.
2. Article item number.
3. Name and signature of the person releasing the article.
4. Name and signature of the person receiving the property.
5. Reason for obtaining or releasing the property.

These five activities identify the major information needed on item of evidence and
property. All items of property listed on the PED will include (if available)
the brand or makers name, serial and model number, size and color. When
owner inscribed initials, or other identifying marks are not available, property/evidence
can be identified only through matching the property with the description provided by
the officer who initiated the PED. Therefore, complete descriptions are essential as a
means of identifying property/evidence in custody.

B. The reverse side of the PED (white copy) is used to officially record the chain of
custody of all items listed on a PED (Fig. 2-3). The columns are completed as
follows:
1. Item number : Item number from the front side of the
PED. Each item involved in the transaction must be
numbered in this block.
2. Date obtained : Date first taken into the possession of the
Haskell Police Department.
3. Released by: Signature and full printed name of the person
from whom the item is released or received. All persons,
with the exception of defendants or the person from whom
the property was seized must sign the PED when releasing
property or evidence. If a person refuses to sign in this
block, print the persons full name then write: Refused to
sign in the signature block.
4. Received by: Signature and full printed name of the person
receiving physical custody of the items. Property and
evidence will not be released to any person who refuses to
sign in this block.
22

5. Reason Obtained or Released: The purpose for the
transaction, e.g., Released to Owner or Released for
42
nd
District Court. (If the item is checked out by an
officer for court, it is essential that the court and, if
possible, the prosecutor, be specified in this blank. If the
item is then held by the court as evidence, this information
will be used to clearly monitor the chain of custody.)


EVIDENCE CUSTODIAN USE ONLY
Figure 2-3
ITEM
NUMBER
DATE
OBTAINED
CHAIN OF CUSTODY
RELEASED BY: RECEIVED BY: REASON OBTAINED OR
RELEASED:

SIGNATURE:

PRINTED:


SIGNATURE:

PRINTED:



C. Once the chain of custody is initiated, it is evidence. Every effort must be made to
maintain a consistent, clear record of all property and evidence transactions. All
signatures must be original signatures, and may not be made by a representative of
the person receiving or releasing an item.
D. Temporary release of evidence:
1. Evidence will be removed from the evidence room only for
permanent disposal or temporary release for specific
purposes. The officer to whom evidence is temporarily
released will, physically inventory the evidence and sign
for it in the received by column of the COC section on the
PED. The person receiving temporary custody of the
evidence must safeguard it until the evidence is returned
to the evidence custodian. If it became necessary for the
officer to transfer control of the property/evidence to the
court, District Attorney (Prosecuting Attorney) Laboratory
Examiner or another person, the officer shall as soon as
possible notify an evidence custodian of the transfer.
2. The following information will be required when
property/evidence is transferred
(a) Name of person the property was transferred to
(b) The court in which the property was released
(c) Case number
(d) Items transferred
(e) Date items was transferred

23

The custodian will initiate a property transfer form and suspense it for 60 days. If
the evidence/property can not be return on the suspense date a 30 day follow-up
will be conducted each 30 days until the property is returned to control of the
property section.

E. Transmittal to a DPS lab for forensic examination:
1. Evidence to be transmitted to a DPS lab will follow the
instructions in chapter 3 and the DPS Crime Laboratories
Physical Evidence Handbook.
2. The officer who releases evidence to a DPS Lab prior to
booking the evidence, will identify the individual who
released the evidence to him or person from whom it was
seized in the release by block on the COC document. The
officer will complete the received by and reason for
obtaining block. The officer will then use the second line
of the COC document to release the evidence to the lab,
identify the lab and /or the individual in the lab who
received the evidence.

F. Presentation at criminal trial:
When an officer receives a subpoena commanding him to produce an item(s) of
evidence for trial, he will identify the court, judge and/or prosecutor associated with
the trial, in the reason obtained or released block of the COC document. This will
provide a start point for the custodian to conduct appropriate follow-up when the
evidence is retained by the court.

G. Training:
Periodically property may be released to officers for training/demonstration.
Evidence associated with cases that have not been adjudicated will not be used
for training or demonstration without the permission of the District Attorney
and/or the Judge to whose court the case will be adjudicated. Any narcotics/drugs
that are released for training/demonstration will be inventoried prior to release.
Marijuana, powders and liquids will be weighed and pills will be counted. This
information will be documented in a memorandum and the memorandum attached
to the PED. Any narcotics/drugs that are used/destroyed in training will be
documented in a memorandum to the Assistant Chief Support Services Bureau and
a copy of the memorandum will be attached to the PED. When property is
damaged the person responsible for the damage will document the circumstances
and provide the memorandum to the evidence custodian. All documents will be
forwarded through the Director of Records, Property and Evidence to the Assistant
Chief Support Services Bureau.

H. Inspection/familiarization:
24

Periodically the booking officer will need to familiarize himself with an article of
evidence prior to court. In most cases it will not be necessary for the article to be
released to the officer. However, for those cases where it is necessary the
standard procedures for releasing evidence will be followed.

I. Releasing property at the scene:
When property is seized at the scene of a crime, and the owner is identified at the
scene, the property may be released to the owner, subject to the following conditions:
1. The officer has determined that the property is not
evidence and will not be needed for investigative or court
purposes.
2. Establish proof of ownership: Before property can be
released in the field, the ownership must be clearly
established to the satisfaction of the originating officer. If
ownership of the property is contested or unclear, the
officer will seize the property. The person(s) claiming
ownership will be given notice of the property disposition
hearing and given the pink copy of the PED. If more than
one person claims ownership copies may made for the
additional individuals.
3. Photograph the item(s):
When photographing items to be released, the officer shall
do so in a manner which will:
(a) Clearly identify the item as that which is referenced
in the corresponding case report.
(b) Provide for a fair determination of value.
(c) In order to clearly identify the item, the officer
should include in the photographs the serial
number, model number, brand name and/or
number, and any identifying markings.
4. After the preceding measures have been followed, the
property may be released to the owner.

2-5 Packaging and Storage of Evidence

A. Packaging and Storage: To achieve the maximum benefit from physical evidence,
the officer must not only be skilled in collection, he must know how to handle and
care for the evidence, to preserve it for the development of leads, for laboratory
examination and for presentation in court.

Proper packaging and storage of evidence is essential for safety and trial purposes.
The concept of packaging is to maintain the evidentiary value while protecting
department personnel from potential injury. Evidence must be packed and wrapped
to minimize friction and prevent shifting, breaking, leaking or contact with other
25

evidence. Items such as glass fragments, evidence in glass containers, impressions
cast, bullets, cartridge cases, pills, capsules, and all other similar evidence should be
packed in cotton or soft paper.

When evidence is to be examined for fingerprints, each item will be packaged in a
manner that prevents damage to the fingerprints. This is accomplished by fastening
the item in a container so that it will not shift nor will any other objects come in
contact with the area of the item suspected of containing fingerprints.

The nature of the evidence will govern the use of warning notices to be affixed to
the outside wrapper, box or envelope such as FRAGILE, CORROSIVE, BIOHAZARD,
etc.

Items that contain stains, such as clothing with stains of blood or other body fluids
SHOULD NOT BE PLACED IN AIRTIGHT PLASTIC CONTAINERS. Sweating
and moisture accumulation may result within plastic containers. Such items must be
dry before packaging. This caution also applies to fingerprint evidence. For liquid
evidence see the packing chart Appendix 2

In general small solid items, such as bullets, fibers, hairs, paint scrapings, powder,
threads, should be placed upon a piece of plain paper; the paper folded and placed
in a separate envelope, box or other container and sealed with tape.

Documents, exemplars, standards, string or twine should be placed in a
cellophane/plastic envelope and then placed in the manila envelope. Cellophane is
not suitable for packaging any item that will rust or corrode. Packages containing
items of evidence that require careful or selective handling should be labeled
CORROSIVE, FRAGILE, KEEP AWAY FROM FIRE, OR KEEP COOL, as
appropriate.

Growing/green plant material will not be placed in airtight plastic containers as
moisture accumulates making lab analysis difficult. Marijuana should not be sealed
in plastic because it can turn into a toxic liquid substance. Bulk marijuana must be
properly dried before it is placed in storage. If it is not properly dried it can create
compost type conditions.

B. The chart in Appendix 2 is not intended to be all-inclusive. If the evidence to be
booked is not listed, consult the list for an item similar in nature and package the
evidence accordingly or contact an evidence custodian.

THE DIRECTION FOR PACKING EVIDENCE ASSUMES THAT ALL
EVIDENCE WILL HAVE TO BE SENT TO A CRIME LABORATORY FOR
EVALUATION (Appendix 2).

26

C. Alcohol: Alcohol will be photographed and booked in for destruction. The
photograph should show the type of alcoholic beverage and the amount in the
container. Alcohol seized in felony cases will not be destroyed until disposition has
been received from the court/judge.

D. Bicycles: Bicycles will be stored in vault 4 and placed in order by month recovered.
Prior to booking recovered bicycles they will be checked for owner engraved
identification, serial numbers and model numbers. Serial numbers are usually on
the front frame area or under the pedal casing. Short numbers (G 028812) are
usually model numbers (Girl Manufactured February 1988, model 12). Larger
numbers are more likely serial numbers.

E. Biological evidence: Biological evidence will be dried completely before it is placed in
storage. Liquid will be placed in blood tubes and other materials will be wrapped
separately and placed in an envelope or other suitable container. CAUTION
always use gloves and when possible face protection when handling blood
and other biohazard material.

F. Currency: Unless seized money is required for court purposes it will be deposited
with the City Finance Office. The funds will be counted and sealed by the booking
officer. The evidence custodian will deliver the funds to an account clerk and witness
the recount conducted by the account clerk. The custodian will attach the receipt to
the PED and provide the booking officer a copy of the receipt. Unless the booking
officer request that the funds be stored for court purposes they will be deposited
with the City Finance Office. When money is seized as evidence and requires special
handling, has collector value, or the type packaging constitutes evidence, the
booking officer will discuss the special requirements with a Property Custodian or
attach a written explanation to the PED requesting special handling. The custodian
will contact the case officer prior to depositing funds.

G. Explosives: Items that are volatile, such as gasoline, acids and ammunition larger
than 50 caliber, will be stored by the Explosive unit in the hazards material bunker.
DO NOT store gasoline or acids in plastic containers unless the substance
was purchased in the plastic container, then it may be stored in a plastic
container but only the container in which it was purchased. Automobile
batteries may be stored in the bicycle storage area. A piece of cardboard will be
placed under the battery to protect from acid spills. Upon adjudication the Explosive
Unit will dispose of explosives and ammunition.

H. Firearms: All firearms will be stored in boxes unless they meet the special exception
procedure outlined in this policy and Chapter 6, paragraph 6 Procedures.
1. 1. All firearms must be tagged or marked.
2. Shall always be submitted in an unloaded condition.
3. All firearms shall be submitted with chamber open, magazine
27

removed, and safety on. Revolvers shall have cylinder
open and blocked from accidental closure during handling
and storage.
4. If it is necessary (due to the peculiarity of the weapon or
circumstances surrounding the investigation) that a
firearm must be submitted for storage in a loaded
condition the following will apply:
(a) A nylon cable tie lock shall be applied to the firing
mechanism to prevent such mechanism from being activated.
(b) The weapon shall be given to the department
Range Master or other trained officer to be
unloaded at the first opportunity unless transported
to the crime lab by special messenger. At no time
under any circumstances shall untrained personnel
attempt to unload any such weapon.
(c) The weapon shall never be placed in a temporary
evidence locker, but shall be given personally to a
property custodian or the property supervisor.
5. In the event that it is necessary, for evidentiary purposes to submit a firearm
loaded the officer shall clearly mark the container with a warning indicating the
firearm is loaded.
6. Firearms seized for major felony crimes (Homicide, Armed Robbery, Rape,
etc.) should be marked rather than tagged.
7. Firearms seized in all other should be tagged with the shoe type evidence
tag, especially in recovered property or safekeeping incidents, this will
minimize damage to the weapon.
8. All firearms are to be packaged separately.
9. Any firearm that appears to be fully automatic shall be marked as such. The
Range Master will be contacted for proper determination of the weapons
potential.

F. Fireworks: Will not be stored in the property/evidence room. If the fireworks are
not of the safe and sane variety, notify the bomb team for assistance
1. Procedures
(a) Confirm the fireworks are safe for transport. Check
labels on the Packaging. If in doubt, ask the fire department to confirm
the safety of fireworks.
(b) Photograph all fireworks identified as evidence.
(c) Complete all normal packaging procedures for the photographs.
(d) Incidents involving large amounts of explosives
should be referred to the Bomb squad. The duty commander will
contact the Bomb squad for specific directions before calling out
the Bomb Squad for assistance.
2. Disposal. All fireworks will be disposed of via the Fire
28

Department or Bomb team on an as needed basis. The photographs will be used
for court evidence.

J. Flammables:
Background: Flammables include such items as gasoline, alcohol or other
volatile type liquids that, if exposed to heat or flame, could erupt into fire.
Storing liquid flammables pose great risk in the limited space of the Property
and Evidence vault. Liquid flammables maybe stored in the hazardous
storage bunker. Liquid flammables should be stored only when it is essential
that they be retained for court purposes. If they are not needed for court,
they should be photographed and the substance delivered to the recycle
center for disposal.
1. Procedure:
(a) Photograph the container(s).
(b) Complete and attach property tag to container.
(c) Contact shift supervisor for access to hazardous
material bunker.
(d) Clandestine labs do not qualify for this procedure.
Please use Procedure for Clandestine Labs.
Excluded from this definition are ethers or other
liquid/gaseous items that could explode.

K. Food
Background: Perishable food items attract rodents and
insects and will not be stored in the property room. In order
to better serve the victim and court system food items will be
photographed and released to the owner.
1. Procedure:
(a) Photograph items recovered the prior to release.
(b) Contact owner for pick-up of items: Any perishable foods, beverage
(alcohol or non-alcohol), medications (prescription or nonprescription),
or other similar items susceptible to contamination which have been
out of the possession and control of the owner for more than several
hours should not be returned to the owner. Items in this category
should be photographed and booked for destruction.
(c) If the owner cannot or will not respond, non-
Perishable items may be stored in the property
room.
(d) Do not attempt to store perishable items.
(e) No food items will be held more than 72 hours
maximum.
(f) Food items that may attract ants or other insects
should never be placed in temporary storage,
especially in the spring and summer months. If a
29

large quantity of perishable items are seized and the
owner will cannot respond and it is after hours, the
Director of Records and Property will be called to
arrange temporary storage.

L. Found property. Items which have been intentionally abandoned by their owners,
do not fall within the definition of found property.
1. Citizens who turn in found property, should make a
declaration stating where and how they found the property, whether they
know the owner and whether they are submitting everything they found.
2. Officers shall complete property documents. The citizen
should sign the PED as releasing the property. The third copy will be given to
the individual releasing the property.
3. Unclaimed property will be held for a period of thirty (30)
days before it can be declared abandon. Thereafter, such property may be
sold to the highest bidder at public auction.
5. All found property shall be tagged and packaged correctly.
If the found property has a serial number, it must be checked on the State
computer system and the results noted on the PED.

M. Property held for safekeeping.
1. When property is taken into possession by an officer for the purpose of
safekeeping, the officer shall:
(a) Complete form APD126, noting in the narrative the
reason for taking possession of the property. If the property is taken
as a result of family violence, a separate case report is not necessary,
simply note on the back page narrative why the property was
removed from the scene.
(b) Complete the Property and Evidence Document,
listing each item taken into the possession of the Haskell Police
Department. When the PED is completed, the PINK copy should be
given to the person releasing the property.
(c) Notify the person releasing the property that the
retention periods is thirty (30) days.
2. Safekeeping reports are not subject to public disclosure and do not require a
public narrative.


3. Owners will be notified by registered mail when their property can be
released. If the owner does not respond in 30 days the property will be
considered abandoned.



30





CHAPTER 3

Crime Laboratories

Submission of Evidence
to Crime Laboratories


31

3-1 Crime Laboratories

The Crime Laboratories are a part of the Texas Department of Public Safety. The Labs
provide a valuable service to our department. All officers must be familiar with the DPS
Crime Laboratory Service Handbook, and follow all their safety and procedural
guidelines. To ensure that your request for analysis is directed to the correct lab,
officers should review the DPS Laboratory Services chart and the laboratory location
maps on page 2, 3, 5 and 7 of chapter 1 of the DPS Physical Evidence Handbook.

The DPS Lab staff will provide assistance when necessary in the collection and
preservation of evidence from the scene of major crimes and clandestine drug labs.

3-2 Laboratory Forms

The Lab staff has developed a series of preprinted forms to be used as letters of
submission when submitting evidence to the crime lab. These forms are available from
the lab or may be reproduced on your computer. The forms are listed in Chapter II of
the Crime Laboratory Service Handbook.

3-3 Laboratory Guidelines

Lab guidelines for special handling of evidence is covered in Chapter III of Crime
Laboratory Services Handbook. The principles outlined in the handbook will prove to be
invaluable especially on serious cases where there are many pieces of evidence to be
collected preserved and forward to the Crime Lab.







32




CHAPTER 4

Storage - Preservation -
Disposition

Evidence and Property









33

4-1 Evidence Storage And Disposal Concept

A. The property staff is responsible for the disposition of
property. Property and evidence will be promptly disposed of
when it has served its purposes and the officer has determine
that it is not needed for further investigation.
B. Storage Matrix system:
The majority of property will be stored in bins in one of the property room vaults. The
Matrix system adopted by the department makes it easy to maintain, store, retrieve and
purge property from the system. The system uses alphanumerics to identify the
location of each item of property or evidence. The first character is a number that
identifies the vault; vaults are numbered 1 through 4. The second character is a letter
that identifies a section in the vault. The third character is a number that identifies a
bin in the section. (Example: 1A12; 1=Vault one; A= Section A; 12=the bin in section
A.) Therefore, 1A12 identifies an item that is located in vault 1, section A, bin 12.
1. The following are exceptions to the established system:
(a) Firearms will be stored in the weapon section of Vault 1.
Handgun locations will be identified by an alphanumeric beginning with
HG and followed by a sequence number beginning with 100. For
example, HG 306 is a handgun located in box 306. Long guns will be
identified by an alphanumeric beginning with LG followed by a
sequence number beginning with 001. For example, LG 009 is a long
gun located in the weapon section in box 009. In order to locate a
firearm you must first have the case number; the PED will identify the
location of the firearm with an alphanumeric as described above.
Knives will be stored in the weapon section of vault one. The location in
the vault will be identified by an alphanumeric beginning with K and
followed by a sequence number beginning with 001. For example, K007
will identify a knife located in section K slot 007.
(b) Lost and Found, Deter and safekeeping property
will be stored in vault one. The section will be identified as LF= Lost
and Found-DT= Deter and SK= Safekeeping. Each alpha character will
be followed by a sequence number that will identify the location in the
section Videos will be stored in vault one in the section identified as
TAPE. Each video is stored in order by case number.
(c) All liquid blood evidence will be stored in the
refrigerator in vault 1 in sequence order by case
number.
(d) Documentary Evidence
(1) Fingerprint cards booked in as evidence will have all blanks
completed, including documentation of the location from which
the prints were lifted, and a diagram, if pertinent. An evidence
tag shall be placed on the front of the card.
34

(2) If more than one fingerprint card is booked under one item
number, each card should be filled out completely.
(3) Check or documents to be processed for prints.
Checks or documents will be placed in sealed envelopes.
A completed evidence tag will be attached to the outside of the
envelopes.
(4) Checks or documents which became evidence will be retained in the ID
section.
(5) When the checks or documents do not contain latent of
evidentiary value and the handwriting analysis does not reveal
data of evidentiary value the checks or documents
will be returned to the evidence section for disposition.
(6) No documentary property/evidence will be destroyed without
the permission of the detective investigating the case; statute of
limitation will serve as the guide for destroying documentary
evidence and property.
2. Pressure from a pen may damage latent fingerprints. Markings made to the
evidence tag or envelope should be made before inclusion with the fingerprint
card(s).

C. One of the primary objectives of APDs property control system is to return property
to the owner as soon as legally possible. Whenever possible evidence should be
photographed and returned to the owner as an alternative to storage in the
evidence and property room. This procedure will reduce the volume of evidence
stored and demonstrate respect for crime victims rights.

D. Photographic evidence must meet specific standards if photographs are to be
substituted for the evidence:
1. Permission has been received from the prosecuting
attorney.
2. The defense has not requested the court to have the item
of evidence for production at trial.
3. The defense has not requested an independent
examination or analysis.
4. The photographs are retained by the police department in
lieu of t evidence.
5. The property owner signs a receipt upon return of the
property.





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4-2 Preservation of Evidence and Property

A. Evidence will deteriorate with the passage of time, especially biological material.
Such deterioration can be minimized by promptly taking proper precaution.
Physical evidence may undergo change in the following ways:
1. Loss by leakage or by evaporation from an improperly stoppered container.
2. Decomposition through exposure to light, heat or bacteria.
3. Intermingling of evidence from various sources and locations in a common
container.
4. A fresh tear or cut in a garment.
5. Contamination, bacterial or chemical, resulting from the use of unclean
containers.
B. Precautions that should be employed to reduce or eliminate deterioration and
contamination include:
1. Use only fresh, clean containers.
2. Use leak proof, sealable containers.
3. Uphold the integrity of each item of evidence by using separate containers.
4. Keep evidence away from direct sunlight and heat.
5. Refrigerate biological evidence when not being transported.
6. Deliver evidence as quickly as possible to the Laboratory (when examination is
required)
7. Handle evidence as little as possible.

4-3 Temporary Storage

A. The temporary storage lockers are a basic component of the APDs evidence and
property control system. Temporary storage will be used only when an evidence
custodian is not available. The custodian will remove evidence and property from
the temporary lockers as soon as possible but not later than the morning of the first
work day after the evidence has been secured in the temporary locker. In order for
the temporary storage system to function effectively, the evidence custodians must
check the lockers daily and remove any items stored in them.

B. The temporary system uses the drop key method. This system is similar to the
system used in bus and airline terminals. The presence of a key in the door lock
indicates that the locker is available for use. The officer unlocks the locker, places
his evidence into the locker and then closes the door, removing the key. The key is
then inserted into the drop slot. The evidence custodian retrieves the evidence and
property from each of the individual lockers, the keys are return to the door lock,
this will signal that the locker is ready for use. To maintain the chain of custody it is
essential that the custodian complete all custody documents immediately after the
items are taken from the lockers.

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C. Temporary Refrigeration.
1. To reduce the potential for lost or spoilage of perishable evidence two
refrigerators are dedicated for storage of perishable evidence. The
temporary storage refrigerator is located in temporary storage locker D1.
Follow the same procedure for using this locker as that described for storage
of evidence in other temporary lockers.
2. Temporary locker D1 will only be used for items that require refrigeration. It
may be used for storage of other items only when no other temporary
locker is available.

4-4 Long-Term Storage

A. For ease of storage and retrieval, property is classified into five categories:
evidence, found, deter, safekeeping and destruct. All property will be classified by
the officer taking the property into custody. The classification will assist the
evidence custodian to properly store the items. Evidence to be forwarded to the
crime laboratory or identification section must have the lab box checked on the
PED. The vast majority of evidence seized by officers can be stored in the
departments universal envelopes. Property and evidence that cannot be stored
in the universal envelopes require special handling.

B. Firearms:
1. All firearms seized as property/evidence will be packaged in a gun box. The
officer will make sure the weapon is not loaded prior to placing it in a gun box.
An evidence tag will be affixed to each firearm prior to placing the weapon in a
box. The officer will not affix the tag to the gun box or write on the box.
2. Ammunition will be packaged and listed separately on the PED.
1. Disposition of Firearms.
(a) It is essential for the custodians not to assume that a weapon should
be released simply because he has disposition instruction. The
custodian should question anything that is suspicious and seek
assistance from the Director of Records, Property and Evidence.
(b) One of the most asked question about firearms is Who can have them
and who cant? The basic federal law that defines persons who
cannot have or possess a firearm serves as APDs start point. Federal
law that defines persons prohibited from possessing firearms is: title
18 U.S. code section 927, Texas law may be more restrictive; it can
never be less restrictive than federal law. When state and federal
law conflict, the most restrictive definition of who cannot have a
firearm applies. It is illegal to release a firearm to a prohibited
person.
(c) The following persons are prohibited from having, receiving, or
possessing a firearm:
(1) Under indictment: A person who is under indictment for, or has
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been convicted in any court of a crime punishable by imprison-
ment for a term exceeding one year. Crime punishable by
imprisonment for a term exceeding one year does not
include any State offense classified by State law as a
misdemeanor and punishable by a term of imprisonment
of two years or less. This gives property officers the right to
refuse to release a firearm to a person who has been arrested
and is under indictment but has not yet been tried.
(2) Fugitive from Justice: This includes individuals who have fled
from any State to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceedings.
(3) Drug Addict: Includes unlawful user of or someone addicted to
any controlled substances. (Title 21 U.S.C. 802 defines an
addict as any individual who habitually uses any narcotic drug
so as to endanger the public morals, health, safety, or welfare,
or who is so far addicted to the use of narcotic drugs as t
have lost the power of self-control with reference to the
addiction.)
(4) Mental Defective: Includes anyone who has been adjudicated as
a mental defective or who has been committed to a mental
institution. A person who has been held for observation and
examination, pursuant to a county mental health board, but was
not found to be mentally ill, is not considered to have been
committed.
(5) Alien: Any person who is in the United States unlawfully or
illegally may not own or possess a weapon.
(6) Dishonorable Discharge: Includes any person
who has been discharged from the Armed Forces under
dishonorable conditions.
(7) Renounced Citizenship: Any citizen of the United States who has
renounced his or her citizenship.

The above list is not all-inclusive. Under normal condition the evidence custodian will
not have all the information readily available to determine if not a firearm should be
released to the owner. If the custodian is suspicious he should seek assistance from the
Director Records, P & E prior to releasing the firearm. In some cases it may be
necessary to get assistant from the City Attorney, District Attorney or a District Court
Judge.
(d) Returning Firearm to the owner. When it has been
determined that a firearm may be released to the owner the
following will apply:
(1) Positive identification will be required before a firearm
is returned to the owner. The identification source; a
drivers license or other photo bearing identification.
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The identification must contain sufficient personal data
on the owner or person requesting release of the
weapon to conduct a criminal history background check.
(2) A TCIC/NCIC inquiry will be made prior to releasing a
firearm.
(3) Firearms and ammunition will not be released on the
same date; this is a security precaution.
(4) When the owner does not
return for the ammunition within 30 days the ammunition will be
disposed of, by releasing it to the Range Master.
(5) A nylon tie cable will be secured through the frame so
cylinder/bolt cannot be closed.
(e) Weapon Disposal:
(1) An armed officer will be assigned to escort the weapons to the
place of destruction. The officer will act as a witness and will
sign the destruction certificate.
(2) Handguns that cannot be returned to the owner, illegal firearms
and firearms that have been abandoned will be destroyed.
(3) Firearms will be destroyed by cutting them into small pieces.
The Custodian and assigned officer (witness) and/or the
Director of Records, Property and Evidence will ensure that all
parts of the weapons are completely destroyed.
(4) With the advice and recommendation of the Range
(5) Master and the Assistant Chief Services Bureau, the Chief of Police
(6) may retain for departmental use or auction specifically identified
(7) long guns. The Chief of Police with the advice and recom-
(8) mendation of the Range Master and the Assistant Chief Support
(9) Service Bureau may retain handguns that have training or
collector value or is historically significant. These type hand guns
(10) may be retained for training or display by the department or
(11) transferred to a museum; the department will retain ownership of
(12) any firearms that are transferred to a museum.
(13) Only long guns that have been determined to be high
quality, have significant financial value and designed only for sporting
purposes may be auctioned. These weapons may beauctioned only to
licensed gun dealers.
(14) After case adjudication, all firearms are disposed of in
a manner consistent with local and state laws and Title 18 USC
922(d).
(15) Firearms, which are removed from the scene of
domestic disturbances and booked for safekeeping, will be held
a minimum of 30 days. A copy of the PED should be provided to
the person releasing the firearm as a receipt. The officer will
explain the holding period and the procedures for picking up the
39

firearm after the retention period has expired.
(16) Before returning a firearm to a citizen, criminal history
inquires shall be conducted on the firearm and on the person to
whom the firearm will be released. Inquiries should be run
through the National Crime Information Center, the Texas Crime
Information Center, and local (RMS) records.
(17) If a firearm is to be released to any person other than
the one from whom it was seized, the person receiving the
firearm must present proof of ownership. Proof may include an
authorized release from the court holding jurisdiction of the
corresponding case.

NOTE: Exceptions to this policy will be granted by court order

C. Narcotics and Dangerous Drugs.
1. All narcotics and dangerous drugs taken into custody will be weighed, prior to
storage, and the weight noted on the PED. (This should be done as soon as
possible after it is seized).
2. Evidence in the form of pills and capsules will be counted by the seizing officer
immediately after seizure. The total number will be noted on the PED.
3. Each drug item shall be placed in a separated envelope or other package and
the envelope/package sealed, an evidence tag will be affixed to each separate
envelope/package (evidence tag is not required on the universal envelop).
Unless the evidence is to large it will be stored in a universal envelope (APD
Form 323). Place as many items as possible in one universal envelope and
complete the appropriate blanks.
4. Drug paraphernalia will have an evidence tag affixed to each separate piece of
evidence. The item(s) may be stored in a universal envelope, other appropriate
containers or on a shelf in the drug vault.

D. Money
1. Submission of paper currency to property/evidence:
Money will be retained in the property and evidence room when it is
needed for court purposes. All money not needed for court will be
deposited with the finance office as soon as it is practical.
2. Procedures
(a) Photocopy front and back of all bills (black and white Photocopies only).
(b) Sort all bills by denomination.
(c) Arrange each stack so that bills will face up. The figurehead
should be looking in the same direction on all bills.
(d) Large sums of currency should be counted in the presence of
a supervisor or another officer (amounts in excess of $500).
(e) Place funds in a universal evidence envelopes or an
appropriate container when the envelope are too small or to large.
40

(f) The evidence envelope or container will be sealed with evidence tape.
(g) Both the officer and the supervisor or another officer will
initial the container when large quantities are involved.
(h) If special handling is required discuss it with an evidence
custodian or attach instruction to the PED. (Money will be
deposited unless other wise indicated by the booking
or case officer).
3. The evidence custodian will book the sealed container and deliver
the sealed container to the finance office. The seal will be broken
by an accounts clerk and the count witnessed by the evidence
custodian. The custodian will make a copy of the receipt from the
finance office and provides the copy to the officer for his case file.
The original receipt will be attached to the PED. If the total count
made by the officer and the finance clerk are different the following
procedure will be followed:
(a) A memorandum describing the stated amount, the counted
amount, a copy of the deposit slip, and any other pertinent
information shall be sent by the custodian and the finance
clerk to the Director of Records, Property and Evidence.
(b) A copy of the memorandum will be sent to the officer and the
officers supervisor that conducted the initial count.
(c) A copy of the memorandum will be sent to the Assistant Chief
Services Bureau and Assistant Chief of the officers involved.
They will determine the course of action to be followed.
4. Coins
(a) Follow the procedures outlined in paragraph 4-4 D2. It is not
necessary to photocopy coins.
(b) Separate coins by denominations (Most Banks will conduct a quick count of
large quantities of coins).
5. Disposition of money: Upon adjudication of the case the money will be disposed
of in accordance with applicable laws.
(a) When held as the result of a search warrant, a court order is required
(b) for release. The owner of stolen or embezzled money will be notified by a
registered letter when the money can be released.
(b) When the return receipt is received no additional notices will
be forwarded. Funds will remain on deposit until claimed.
(c) Money held for safekeeping will be released upon request and proof of
ownership and identification of the owner.
(d) Found money Will be returned to owner upon proof of
ownership and identification.
(e) All other cases will be reviewed on a case-by-case basis.

E. Explosives- Fireworks- Flammables:
41

1. Explosives will not be stored in the property room. The Hazardous Devices Unit
shall be notified to remove and secure all explosives. Explosive items that will be
retained for evidence will be stored in the explosive locker located on the
grounds of the Warren Dodson Training Complex. Explosives Devices should be
photographed prior to destruction or removal from the initial location. This
includes any ammunition 50 cal or larger. The officer shall indicate on the PED
where the explosive devise is stored. If the photographs are to be used as
evidence they will be booked into the property and evidence room.
2. Record any identification printed on the device prior to destruction.
3. If the devise is to be destroyed the actual preparation and
destruction of the devise will be photographed or video taped. The
photographs/video tape will be stored in the property room.

F. Fireworks will not be stored in the property and evidence room. All fireworks will be
taken to the central fire station for destruction.
1. In cases where fireworks are seized but no charges will be filed, a log entry will
be made with the full identification of the person (if any) from whom the items
were seized. The entry will also note that the fireworks were released for
destruction at the central fire station.
2. Fireworks confiscated where charges will be filed:
(a) The fireworks will be listed on a PED and marked for destruction.
(b) The citation number will be listed on the PED.
(c) The items will be photographed, and the photograph listed
separately on the PED.
(d) The fire department personnel will sign in received by blank
on the PED.
(e) All fireworks will be disposed of via the Fire Department or
Bomb team. The photographs may be used for court evidence.

G. Flammables:
Flammables include such items as gasoline, alcohol, paint thinners or any other volatile
type liquids that if exposed to heat or flame could erupt into fire. Flammable property
and evidence will not be stored in the property and evidence room. Flammables that
are retained as evidence will be stored at the hazardous material bunker located on the
Warren Dodson Training Complex. The following procedures will be followed for
handling flammables:
1. Photograph the container(s).
2. Complete and attach a property tag to the container.
3. Contact commander of the hazardous material unit for access to the
hazardous material bunker.
4. Never store acids, gasoline or denatured alcohol in plastic
containers. unless it is the original container. Some plastic container
will melt when they are used to store the items listed above.
5. Lawn mowers, chain saws or any other internal combustion engine
42

power tools must be drained of all flammable liquids before they are
booked into the property and evidence room.
6. Flammables that are not required as evidence may be delivered to
city recycle center for disposal.
7. Flammable evidence will be stored in the hazardous material bunker
until final disposition.

H. Bicycles: Approximately 150 bicycles are auctioned each year because the
Department cannot identify or find the owners. When seizing bicycles, the officer and
custodian should always check the stolen report.
1. Procedures.
(a) In preparation for booking the officer will check the bicycle
for serial numbers and owners engraved identification.
(b) Bicycles seized as evidence shall be listed on a PED and booked in
property and evidence room.
(c) When the owner can be identified from the ID information on
the bicycle or by other mean and the bicycle is not needed
for court proposes it may be released to the owner in the field.
(d) The officer will check all found property bicycles through RMS
or other appropriate databases in an attempt to identify the owner.
(e) Some owners may register their bicycles with the National
Bike Registry (NBR), at the time of purchases. The NBR decal is
normally placed above the front derailleur or under the seat. If a decal
is located, obtain the decal number and call 1-800-621-850 or
1-800-621-851. When the owner information is obtained, ask the
owner to contact the property and evidence office to schedule an
appointment for release of the bicycle.
2. Disposal of Bicycles:
(a) Found bicycles, that remain unclaimed and the owner is
unknown, may be sold at a public auction after 30 days.
(b) Stolen bicycles will be returned to the owner upon case adjudication.
(c) If the owner has not claimed the bicycle 30 days after case
adjudication, the evidence custodian will mail a notice to the owner by
certified mail. The notice will describe the property and state that if the
owner does not claim the bicycle within 30 days from the date of the
notice the bicycle will be disposed of in according with applicable laws.
(d) Safekeeping bicycles will be returned to the owner upon request or
disposed of as abandoned property after 180 days.
(e) Disputed ownership will be resolved by a property hearing.
(f) All bicycles that are declared abandon will be sold in a city auction.



I. Alcoholic Beverages:
43

With the exception of felony cases, alcoholic beverages will be photographed and
booked for destruction. The photograph will show, if possible, the type of liquor seized
and the amount in the bottle. An agent from TABC must be contacted before any
alcoholic beverages are destroyed.
1. Procedures:
(a) Photograph the alcohol. Always include the case number in
the picture.
(b) The photo will be stored for evidence. The alcohol and container will
be disposed of.
(c) Alcohol or Tobaccos seized as stolen property should be photographed
and released to the victim. If for any reason the victim will not accept
the items they shall be booked for destruction.
(d) Felony Cases: Clearly mark the PED and storage container FELONY-
HOLD FOR COURT.
(e) In felony cases when the containers are open and the liquid
can not be secured without leaking, the liquid will be poured in a
suitable size container. The original container will be photographed
before and after the liquid has been poured out. The original container
may be destroyed by the officer. The photographs and the liquor will be
listed as separate items on the PED.
(f) Alcohol or tobacco seized in the possession of a minor should be
booked for destruction.
2. Exception: When alcoholic beverages require laboratory analysis,
The officer will seal the container in which the alcohol was found
and deliver the container to the lab or book the container into the
property and evidence room. The PED will be marked in the Lab Column.
3. Disposal of alcohol beverages.
(a) Small quantities of alcohol may be flushed/poured down the drain.
(b) Verify adjudication of felony cases and then destroy the alcohol.
(c) Mass destruction large quantities may require disposal at the
refusal disposal or city-recycling center.
Note: All alcoholic beverages must be destroyed by or the
destruction witnessed by TABC agent(s).

J. Biological Evidence: Proper preservation of biological evidence is a crucial concern of
law enforcement. A single drop of blood may be sufficient to conclusively prove the
innocence or infer the quilt of a suspect. It would follow that the loss of biological
evidence due to improper storage could result in the dismissal of the case.
1. Procedures:
(a) If blood is wet, on a piece of clothing, sheet, etc. it must be
completely dried prior to storage or submission to the lab, unless the lab
agree to accept wet blood stained evidence.
(b) If liquid it must be refrigerated.
(c) Blood samples shall be handled and booked in the following manner:
44

(1) The officer shall complete the consent form with the person providing
the blood sample, and include the form with the information to be
placed in the case jacket.
(2) The lab request form shall be completed and placed with the tube to
be used for the blood sample.
(3) After the blood sample is drawn, the phlebotomist will
seal the blood vial. The vial shall be placed in the cardboard tube
with the request form, but the tube should not be sealed.
(4) An APD evidence tag shall be completed with the
corresponding case number and placed around the top of the
tube. Do not place the tag around the break in the tube.
(5) A PED shall be completed with the LAB box checked
adjacent to the blood tube. The yellow NCR copy shall be
forwarded to the DWI Coordinator.
(6) Blood Soaked or Contaminated Items: Clothing,
garments, bed sheets, or other fabrics which are stained with
blood or other bodily fluids shall be handled and processed as
follows:
The bloody or contaminated items shall be separated from other
property and placed in a paper sack or other none plastic
container, after it has been air-dried.
The paper sack shall be clearly marked on the outside to indicate
that the Contents are contaminated with blood or bodily fluids.
An evidence tag shall be completed with the corresponding case
number and placed on the exterior of the package.

CAUTION: HIV/ AIDS has a short life span when exposed to air. Hepatitis
can live for hours or even years in the open air. DO NOT take
chances-Use safe guards- Biological evidence can cause serious
illness if not handled properly. Always use gloves and when
possible, face protection.

(7) Disposal: Upon adjudication of the case, all bio-hazardous
material will be placed in the red bio-hazardous bags and box for
destruction.

K. Film and Photographic Evidence:
Film depicting a crime scene or photographs taken to identify property in lieu of
confiscating the stolen or allegedly stolen property, is itself considered evidence and
shall be listed as a separate item on a PED and booked into the Property and Evidence
vault. The following are procedures for booking film
1. The film shall be placed in its canister, and the canister placed in a
film envelope (APD 185).
2. The film envelope shall be completed, listing the case number, date, officer
45

ID Number, and division. If prints of the photographs are needed, the
originating officer must write PRINTS in the Remarks space. If the prints
are not specifically requested, the film will be processed into negatives only.
3. The PED will list the film as a separate item, and the corresponding
LAB Box will be checked.
4. Polaroid (instant) photographs:
(a) Polaroid or instant photographs booked into Property and
Evidence should be listed separately on the PED. Multiple
photographs may be grouped and listed as a single item, but
photographs should not be grouped with other items.
(b) An evidence tag should be affixed to the center portion of the
back of the photograph. If multiple photographs are submitted as one
item, only one evidence tag is needed.
(c) When grouping multiple photographs as one item, it is not
Necessary to clip or staple the photos together. The photos
should be kept together with the PED, then the Property and
Evidence Custodians will prepare them for filing.
5. Video Tapes:
(a) Crime Scene/Evidentiary Videotapes:
Video made of a crime scene, which is to be used, as evidence will be
listed separately on a PED, placed in the videotape case or cover, and
booked into the property and evidence vault.
(b) An evidence tag will be affixed to the spine of the tape. For
added precaution, an additional tag may be affixed to the
case or cover.
(c) Seized or Found Property Videotapes
Videotapes seized as evidence or carried as Found Property
should be listed on a PED and submitted to Property and
Evidence. An evidence tag should be placed on the
videotape if it is itemized separately on the PED.

L. Prisoners Property:
Prisoners property should be maintained with the same degree of
care and security as other types of evidence. There are good
reasons for the security of prisoners property
1. The department is responsible for the safekeeping of prisoners
property while the prisoners are in police custody.
2. A high degree of concern must be exercised with an individuals
(prisoners) personal property.
3. A prisoners inventoried property may contain items that are later
determined to be evidence. If a chain-of-custody of a prisoners
property is not maintained, this newly discovered evidence may be
inadmissible in court.

46

Note: In most cases prisoners personal property will be held by the county
jail personnel. However, it may be necessary, in some cases, for this
department to hold a prisoners personal property.

M. Bulk Storage:
All large, bulk items will be stored in vault four (4) after they have been processed
through the normal booking procedure.
N. Storage of evidence subject to judicial appeal: All evidence associated with offenses
that include the possibility of appeals shall be moved to the designated
area in vault four. The change in location shall be noted in all appropriate
databases.
1. When disposition instruction is received from the court the execution of the
instruction will be delayed until the statutory time limit for appeal has expired.
The date that the time limit expires will be noted on the suspense file. The
disposition instruction will be executed as soon as possible after the statutory
time limit expires.
2. Upon receipt of the disposition letter if the evidence has not been returned from
the court the evidence will be retrieved as soon as possible and all evidence
associated with the case stored in the area designated for appeal cases.















47


CHAPTER 5

Compliance Test

Observations, Inventories, Audits
































48

5-1 Introduction

Compliance tests will be made a matter of written record. Through these activities
(observation- inventories- audits) errors in procedures and weakness in the system can
be discovered before they become too grave. These activities are intended to
strengthen internal security and control, to adjust for legislative changes affecting the
process and provide support for procedures established by the departments leadership.
Sound internal controls will accomplish the following:
Avoid losing Criminal Prosecutions
Avoid claims against the department and city
Avoid civil suits
Avoid embarrassment to the department
Instill in all employees the importance of the property/evidence function

5-2 Compliance Test

A. It is desirable for the property and evidence room to receive a compliance test on a
monthly basis but not less than quarterly. The test may be conducted by the
Director of Records, Property and Evidence or an individual appointed by the
Assistant Chief Support Services Bureau. The test checklist, appendix 1, will be used
as a guide for conducting compliance tests. Compliance tests are intended to collect
and evaluate information to determine if control procedures are being followed and
operating efficiently and effectively. The test will evaluate the risk of material error
in the handling, storage and disposition of property and evidence. Additionally, they
will determine the adequacy and the degree of enforcement of internal controls.
Observations and inventories will be a major factor in determining the type of audits
to be conducted.

B. Compliance will answer the following question:
1. Do internal control procedures reduce the risk of material errors?
2. Do errors, omissions and noncompliance indicate a need for an audit or
training for the custodians and/or officers?
3. If internal controls are being followed are they sufficient to prevent errors?
4. Is it necessary for the Chief-of-Police, and/or Assistant Chiefs to become
directly involved to ensure compliance?

5-3 Audits/Inventories/Inspections

A. There are three types of audits that may be conducted by the department on the
Property and Evidence room: a basic audit, a procedural audit and an organizational
audit. A fourth type of audit is a full audit. A full audit includes all three of the
above.
1. Basic audit is conducted to determine if legal requirements have been complied
with.
49

2. Procedural audit examines and evaluates the efficiency and effective use of
resources including adherence to procedures and policies established by
management.
3. Organizational audit examines and evaluates organizational structure including
plans, policies and systems. This type of audit will normally be conducted only
when there is a change in structure, policies, major plans or leadership.
4. A full audit will include all of the above audits. It involves tracing every item of
property and evidence through the system to its current location, including final
dispositions, verifying chain-of-custody and accuracy of all related forms. A full
audit takes a tremendous amount of time and interferes with the day to day
operation of the property and evidence room. Therefore, full audits are normally
done by RANDOM SELECTION; randomly selecting a percentage of case files,
items of property and inactive cases. The full audit would then be conducted on
the files and property selected.

B. Departmental personnel will normally conduct basic, procedures and
organizational audits. Full audits will be conducted by personnel not
assigned to the department (i.e.: city auditors, commission or special
board appointed by the Chief of Police or City Manager).

C. An audit will be conducted annually. Areas identified as potential problems through
compliance test should be used to determine the scope of the audit and may
indicate a need for more frequent audits. High-risk areas such as drugs and
narcotics, firearms and money handling procedures may be audited more frequently.
Random unannounced audits may be conducted with prior notice to the Assistant
Chief Support Services Bureau.

D. The Property Manager assigned to supervise the Property and Evidence Division will
be responsible to oversee all policies that involve the handling of evidence once the
evidence is submitted. To ensure the integrity of the Property room the Property
Manager will also be responsible for the following:

1. Conduct a semi-annual inspection of the property room, evidence policies, and a
sampling of evidence items to ensure compliance with policies and procedures.
2. Conduct property room inventories to include an adequate sampling of
evidentiary items to ensure accountability and integrity of the inventory system
annually and when a new evidence or Evidence Technician is assigned.
3. Complete and retain the appropriate documentation for both the semi-annual
inspection of the property room as well as all inventories conducted.




50

5-4 Inventory Sampling Methods
Sampling Method 1:
A complete inventory of all critical items (Guns, Drugs and Money) in the Property
Room and a random sample of 5% of the total number of items or 50 items, whichever
is less, of the remaining items in the property room.
The inventory should be conducted by locating the intake paperwork for all the guns,
drugs and money, then locating the items in the property room. The audit of the other
items should be done in two parts. The first part is done by randomly selecting the
paperwork for 25 items and locating them in the property room. The second part would
consist of randomly selecting 25 items from the property room and locating the items
paperwork to test the record keeping system.
Sampling Method 2:
This method relies on a mathematical sampling formula which produces a 95 percent
confidence level with a confidence interval of +/- 3 percent. This inventory is conducted
on all items. An error rate of greater than 4 percent requires that a complete inventory
of critical items be conducted.
The random sample shall be completed by dividing the number of items to be sampled
into the total number of items in the Property and Evidence room, ie (Total items
15,000, sample required 996, 15000/996=15.06). The person doing the audit would
then select every 15
th
item on a list of items which would produce the proper number of
sample items. This method is preferable for larger agencies.
See the chart on the following page.







51


Total number of Items In the Property
Room

Minimum Required Sample Size
100 92
500 441
1000 516
2000 696
3000 787
4000 843
5000 880
6000 906
7000 926
8000 942
9000 959
10000 964
15000 996
20000 1013
25000 1023
50000 1045
100000 1056




Note: Checklist for Compliance Test Appendix 3
52
















CHAPTER 6


Security and Safety











53












6-1 Safety

A. Evidence custodians like crime scene processors are likely to encounter
property and evidence that could be dangerous or contain infectious diseases.
Firearms, sharp items, blood and other body fluids are items that can be a safety and
health hazard. Special handling and safety precautions will minimize risks and reduce
potential for exposure and contamination. The following safety precautions are
applicable for use while collecting and handling all body fluid evidence, and are
essential when the potential presence of infectious diseases such as Human
Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS),
Hepatitis B, or Tuberculosis are present.
1. Wear disposal rubber gloves: This is especially important for any person with a
cut, abrasion, or any other break in the skin on the hands when handling blood
or other body fluids.
2. Protective shoe covering: Officers or other personnel who may assist in crime
scene processing should wear protective covering on their shoes when
processing bloody crime scene to avoid contaminating other locations.
3. Respirator Masks/Protective Eyewear: When dried blood stains are
scraped, personnel processing the evidence may be exposed to contaminated
blood particles being dispersed into the air. Use of mask and protective glasses
or both may prevent dried blood from entering the mouth, nose, or eyes.
4. Sharp objects: Special care while handling items that may puncture or cut the
skin will minimize risk. If the handler is cut or scratched, or the skin is punctured by
an item during evidence processing, immediately seek medical assistance. If an
antiseptic, such as rubbing alcohol, is available, cleanse the wound with the
antiseptic. Then wash with soap and water then seek medical assistance. Evidence
custodians must be particularly alert for sharp objects that may be placed in
evidence packages. These objects include hypodermic needles and syringes, knives,
razors, broken glass or any sharp objects that could contain body fluids.
(a) Sharp objects can harbor bacteria and viruses that present a
potential health hazard.
(b) Staples used in the Property Room can harbor bacteria and
viruses. Paper or plastic tape should be used instead of staples
when packaging evidence.
54

(c) Most laboratories will not accept hypodermic syringes with
needles for Analysis. Exceptions are made when it is
critical to the case. The crime lab should be called prior
to submitting hypodermic needles for analysis.

B. Special Marking: After collection of evidence containing potentially infectious
material, the items shall be identified to prevent contamination to the others
unaware of the potential danger. Attaching adhesive backed labels with the
biohazard symbol will alert others of the potential danger. When biohazard labels
are not available red ink will be used to write on the package or container a warning
such as CAUTION CONTAINS BIOHAZARD MATERIAL. Any such evidence that
is shipped to a forensic laboratory by U.S. Mail is subject to the Code of Federal
Regulations, Part 72.This specifies that appropriate warning labels must be placed
on the package, and any liquid substance must be triple-wrapped and sealed.

B. Protection against exposure and to make sure all bases are covered, the following
precaution will be taken:
1. Custodian should wash with soap and water immediately after removing gloves
or other protective equipment, and flush mucous membranes following contact
with any potential infectious materials.
2. Food and drinks will not be stored in refrigerators/freezers, cabinets, shelves, or
counter tops of work area where potentially infectious materials are present.
3. Broken and contaminated glassware will not be retrieved with unprotected
hands.
4. Containers will be labeled and packaged to prevent breaking.

6-2 Restricted Activities.

For the protection of evidence custodians against pathogenic microorganism custodian
will not smoke, eat, drink, or apply make-up in the evidence vaults or evidence
processing area. Engaging in these activities may inadvertently cause the ingestion of
microorganism. Any microorganism on the hand or make-up utensil could be
introduced into the body through the mucous membrane.

6-3 Toxic Chemicals.

Evidence recovered from clandestine laboratories shall not be stored in the
evidence vault unless the officer and the property custodian agree that the
evidence does not pose a fire or safety hazardous.

A. Clandestine laboratory evidence seized will normally be handled in accordance with
the instructions for handling explosives.

55

B. Care must be taken to avoid exposure to clandestine laboratory chemicals.
These chemicals can be life threatening. See Appendix 6 for a list of common
solvents and chemicals found in clandestine laboratories. This list is not all inclusive
and will be used as a guide only.

C. Officers and property custodians must be alert for common kitchen utensils and
glassware, buckets, mason jars, and drip style coffeepots that have been used in
clandestine drug laboratories. These items can become dangerous after they have
been used in processing drugs.

D. Several of the ingredients used are highly flammable, caustic, toxic and
explosive.
6-4 Firearms Evidence

A. The safe handling of firearms is of paramount importance. Weapons shall always be
rendered safe prior to booking and storage in the property and evidence room or
forwarding to a crime lab for analysis. EXCEPTION if for some reason a weapon can
not be unloaded the Weapon Box will be marked in RED UNSAFE WEAPON
LOADED; the direction of the Muzzle will be indicated with a RED ARROW.

Figure 6.2


RED ARROW DIRECTION
OF THE MUZZLE.


B. Semiautomatic and automatic Weapons: Semiautomatic and automatic weapons will
be inspected before handling to determine the status of any manual safety devices.
The magazine should be carefully removed and the chamber checked for a cartridge
or casing. The weapon will be packaged with the slide lock open. If this is not
possible the slide will be closed with a nylon cable tie between the slide and the
chamber.

C. Rifles and Shotguns: Rifles and shotguns will be unloaded prior to packaging for
storage or submission for laboratory analysis. If the magazine is not removed
the weapon will be unloaded in the reverse manner in which it was loaded.

D. Revolvers: Cocked revolvers should be cautiously uncocked using the knurled area
on the hammer. The chamber in the firing position should be identified by placing
two marks on the cylinder, one on each side. Fired and unfired cartridges will be
removed from the weapon noting the location of each in the cylinder, and
individually packaged.

UNSAFE WEAPON LOADED
56

6-5 Security

A. The property and evidence room will be locked at all times when not occupied by a
custodian. Entry into the property room storage area will be limited to property
room personnel. Entry into the property room storage area by non-property
personnel shall not be permitted unless accompanied by an employee assigned to
the property room. All personnel other than those assigned to the Property and
Evidence room who enter the storage area shall sign into the log sheet with your
name, date, and time of entry and time of exit.

B. The primary objective of collecting evidence is to assist in proving or
disproving criminal allegation. When this objective (adjudication) has been met the
legal value of the evidence has diminished, but the commercial value remains. It is
at this point that the custodian must remember the PROPERTY RIGHTS OF THE
OWNER or other person entitled to possession of property (evidence). These
property rights must be protected unless the property is contraband, or it has been
ordered forfeited after due process hearing. It is the responsibility of the evidence
and property custodian to:
1. Make every reasonable effort to identify owners or others rightfully entitled to
possession of the property.
2. Promptly return all property to the owner or person entitled to the
property.
3. Prevent damage or loss of the property.
4. Prevent unauthorized use of the property.
5. Ensure that all releases of property have been authorized by
complete authority.

C. Key and Lock Control: Only key-operated locks will be used to secure the
property/evidence room, for both external and internal security. Each lock will have
only four (4) keys per lock.
1. Keys will be restricted to personnel directly assigned to property function; one
set of keys per custodian and one set will be maintained by the Director of
Records, Property and Evidence.
2. A key inventory list will be maintained by the Director of Records, Property and
Evidence.
3. Duplication of keys must be approved in writing by the Director Records,
Property and Evidence.
57

(a) All external locks will be changed under the following
conditions:
(1) When a custodian resign, transfers, is terminated or retires.
(2) When keys are lost and remain lost for a period of more than
four (4) hours.
(3) At the discretion of the Director or the Assistant Chief Support
Services Bureau.
(b) Custodians are responsible for the security of keys in their
possession. They will report any lost or misplaced keys to the
Director as soon as possible.
(c) Property and evidence room keys will not be put on key rings
with any other keys, i.e. car or house keys.
(d) When a custodian is hospitalized, on vacation leave or
attending training that last longer than 24 hours, the keys in
possession of the custodian will be turned into the Director.
The Director will inventory and sign for the keys.
(e) Keys to the property/evidence room will not be marked to identify their use
and will be stored by the Director of Records, Property/Evidence when not
in possession of a custodian.

C. After normal duty hours access may be gained to the property room by contacting
the director or one of the custodians.

D. Tours or on-site visit of the property room must be approved by the Deputy Chief
Services Bureau or the Director of Records Property and Evidence. Non-property
personnel are discouraged from entering the property and evidence room except for
audits or compliance tests.











58









APPENDIX 1


Abbreviations

References
59

Explanation & Abbreviations

DPS Department of Public Safety

PED Property and Evidence Document

COC Chain of Custody

Booking The administrative process of preparing various evidence forms,
packaging evidence/property for submitting to the custodian and acceptance
of the evidence/property for storage by the custodian.

Booking Officer The officer who conducts the initial evidence inventory, initiates
the COC and release the evidence or property to the custodian for storage or
destruction.

Evidence Anything that tends to assist in ascertaining the truth of a matter or
furnishes proof of a fact. Evidence may be physical or testimonial (this manual
Physical evidence is divided into three general categories:

Moveable Evidence Evidence that can be picked up at a crime scene and
transported, i.e. tools, weapons, clothing, glasses, documents, etc.

Fixed or Immovable Evidence Evidence that cannot be readily removed
from a scene because of its size, shape or makeup, i.e. walls, floors, etc.

Fragile Evidence Physical evidence, which if special care is not taken to
preserve its state, can deteriorate to a point where it is no longer of
evidentiary value. It is difficult to detect; it may be movable or fixed. [For
example, a footprint in the sand or snow is actually fixed/immovable, but an
impression can be taken and preserved so as to be admissible as evidence.
Fingerprints can be lifted or removed. Bodily fluids can be preserved in their
natural state (or closely there to]). These types of evidence will require
special handling during collection, packaging and storage.

Marking/Tagging The officer initially assuming custody of evidence must mark or
tag the evidence. Tagging helps the officer to identify the object. Tags must
be completed in ink.

Compliance Test Tests conducted to evaluate the likelihood (risk) of material
errors in the handling, storage and disposition of evidence and property. For
the purpose of this manual compliance test consist of:

60

Inventories A physical counting of property and evidence and inspection of the
paperwork associated with each item of property and evidence.
Audit A formal examination of the property and evidence procedures,
organization structure for supervising the property personnel and the accounting
for all property and evidence.
Physical Observation An internal examination/inspection of the property room
appearance, safety and security procedures.

Right of Refusal The authority given to the property custodians, by the Chief of
Police, to refuse to accept evidence that has not been properly prepared for
booking.

Temporary Release A period not to exceed 10 business days. Periods that exceed
10 business days must have an explanation for the need.

Controlled Substance A substance, including a drug, an adulterant, a dilutant, and
an immediate precursor, listed in schedules 1 and v or Penalty Groups 1, 1-A,
or 2 through 4. The term includes the aggregate weight of any mixture,
solution, or other substance containing a controlled substance.



















61

References
1. Duran, Robert, The Police Property Control Function, 2d Edition. Public
Management Press. Copyright 1998.
2. Joseph T. Latta and Nancy E. Master. International Association for Property and
Evidence Workbook Copyright 1998.
3. OSHA, Office of Regulatory Analysis, Occupational Exposure to Bloodbarne
Pathogens OSHA 3127, 1996 revised. Gauld Publication of Texas Inc.
4. Texas Criminal Law and Motor Vehicle Handbook; Code of Criminal Procedures 1998
edition.
5. U.S. Government Printing Office, Department of the Treasury. Bureau of Alcohol,
Tobacco and Firearms: Federal Firearms Regulations Reference Guide 1998 edition.
[ATFP 5300.4-(10-95)]
6. Texas Department of Public Safety Crime Laboratories- Physical Evidence Handbook
Lab/c-13 reference 6-98
7. Abilene Police Department, Property and Evidence Standard Operating Procedures
February 1991.
8. Abilene Police Department, Property and Evidence Manual approved for use March
1997.






























62








APPENDIX 2




Packaging Chart












63

EVIDENCE PACKAGING CHART

EVIDENCE /
PROPERTY
WRAPPING & PACKING MISCELLANEOUS

Abrasives Use containers such as metal pillbox or powder box. Seal to prevent any loss.
Place in envelope

Acids All glass bottle. Tape in stopper and seal with
paraffin wax. Pack in sawdust, glass or rock wool.
(Use bakelite or paraffin lined bottle for
Hydrofluoric acid)
Label "ACIDS, GLASS,
CORROSIVE."

Adhesive tape Place on waxed paper or cellophane. Pack in pill or powder box, paper
container or druggist's fold. Seal edges. Place in Envelope

Alkalizes (Caustic
soda, ammonia
etc.)
Glass bottle with rubber stopper held in with
adhesive tape.
Label "ALKALI, GLASS,
CORROSIVE."
Ammunition Pack in cotton, soft paper or cloth in small
container. Prevent friction shifting and contact
while in transit
If standard make Label
(usually not necessary to)
"EXPLOSIVE."
Anonymous letter,
extortion letters.
Cellophane envelope placed in manila envelope,
insert stiff backing to prevent bending or folding,
seal and mark as for identification. Wrap
securely.
Include original envelope.
Advise if letter should be
treated for latent fingerprints.

Blasting Caps CALL EXPLOSIVE TEAM

Blood, A. Liquid Place in blood tube
B. Small Quantities
(1) Liquid
Collect by using eyedropper or clean spoon, transfer to sterile Tube.
(2) Dry Stains Tops, ends and all folds sealed to prevent
leakage.
Dry completely under natural
conditions. Or in a drying
cabinet
C. Stained
Clothing, Fabric
etc.
Each article wrapped separately and identified on outside of package. Place in
envelope packed to prevent shifting of contents.

64

Bullets (not
cartridges.)
Place on cotton or soft paper. Place in pill, powder, or match box. Pack to
prevent shifting. Place in envelopes.




Cartridges or
rounds (live).
Same as above
Cartridges (empty
shells)
Same as above

Checks
(fraudulent)
(See Anonymous letters )

Check protector
rubber stamp, and
date stamp sets,
known standards
Wrapped securely, prevent shifting or damage while in transit. (see also
Anonymous letters)
EVIDENCE /
PROPERTY
WRAPPING & PACKING
MISCELLANEOUS
Clothing Each article individually wrapped with identification written on outside of
package.

Documents; a. Questioned and secret writing, handwriting and
printed sediments, fraudulent checks, anonymous
letter.
See anonymous letters.
b. Check protectors, rubber stamp, date stamps set. Same as above
c. Typewritten material Same as above
Drugs: Liquids If bottle has no stopper, transfer liquid contents to
glass stoppered bottle and seal with adhesive
tape and wax. Place in envelope? Or place in
plastic heat sealed envelope.
Mark fragile.
Powders, Pills, and
solids
Seal with tape to prevent any loss. Place in envelope.
Dynamite and other explosives CALL EXPLOSIVE TEAM
Fibers; (See Hair and/or rope)
Firearms./Guns Place in Gun box. Unload all weapons boxing.
Gasoline Use metal container if necessary to retain as
evidence. Store in Explosive team bunker.
Label "GASOLINE"
Glass Fragments Wrap each piece separately in cotton. Pack in
strong box to prevent shifting and breakage.
Identify contents.
Mark "FRAGILE"
On Cloth Fold fabric flat and then wrap so that no residue is
lost through friction. Place Clean paper between
folds. Place in envelope.
Avoid Shaking.
Hair and fibers Druggist Fold. Seal edges and openings with
scotch tape or adhesive tape and place in
envelopes.
If envelopes not satisfactory,
use appropriate container.
Handwriting, Handprinting and forgeries, known standards or See Document.
65

exemplars.
Impressions;
plaster casts, tire
treads, footprints
Wrap each cast in soft paper or cotton, surround
with packing material in box to prevent shifting or
breakage.
Label "FRAGILE"
Medicines See drugs
Metal Wrap in paper if solid. Use paper boxes or containers if fillings. Seal and use
strong paper or box.
Oil Glass or Metal Container with tight screw top. Mark "FRAGILE" if glass
used.
Paint
a. Liquid
Friction top paint can or large mouth screw top
jars. If glass pack to prevent breakage.
Label "FRAGILE" if glass is
used
b. Solid If small amout,pillbox or small glass vial with
screw top. Seal to prevent leakage.
DO NOT pack paint chips in
cotton or secure with scotch
tape or adhesive.
Plaster casts See Impressions.
Poison or Powders See Drugs.
Rope, Twine Wrap securely in clean paper. If strands or fibers, use druggist fold in Pillbox.
Seal edges and openings with scotch or adhesive tape. Place in envelope.

Safe Insulation or
soil
Use containers such as ice cream box, pillbox or
powder box. Seal edges and corners to prevent
any loss.
Avoid use of Glass
containers.
EVIDENCE /
PROPERTY
WRAPPING & PACKING
MISCELLANEOUS
Semen stains Fold Carefully; protect area with clean paper.
Pack to prevent shifting in transit.
DO NOT roll item. DO NOT
fold or crease stained area.
Tools Wrap each tool in paper. Use strong cardboard box with tools to prevent shifting.
Toolmarks After marks have been protected, wrap in strong
wrapping paper, place in a strong box and pack to
prevent shifting.
Keep questioned specimens
separate from known
standards.
Urine or water Use clean bottle with leakproof stopper. Bottle sealed and packed, surrounded
with absorbent material to prevent breakage. Strong Cardboard.
Wire Wrap securely. Pack to prevent friction, shifting,
breakage, or contact while in transit.
Also see Toolmarks. Keep
questioned specimens
separate form known
standards
Wood Same as Above.
66









APPENDIX 3



Compliance Test











67

Compliance Test

Administration

Date _________________

Type of Test observation inventory Audit Inquiry

Tester(s) ___________________ _________________________
Name Name

(Select applicable category for test)
Scope of Test
q Random Samples of open cases
q Random Samples of closed cases
q Narcotics/Firearms/Money/Jewelry (Line out area not being tested)
q Evidence, Found, Safekeeping, Deter (Line out property category not being tested)
q 100% Inventory
q 100% Audit

2. PROCEDURES FOR COMPLIANCE TEST

A. Observation-
Are the vaults neat and orderly? ___
Are there any safety hazards? ____ (describe the hazard)
Passages ways free of clutter______
Are any of the following items stored in vaults
________Flammable
________Explosive
_______Ammo (.50 cal or larger)
_______Hypodermic Needles
_______Chemical for drug labs
_______Is protective clothing available

_______Corrosive material (if yes, how is it stored) ____________________
_______________________________________________________________
_______Hazardous waste (if yes, how is it stored) _____________________
_______________________________________________________________
_______Alcoholic Beverages (is yes, how are they store) ________________
68

_______________________________________________________________
_______Sharp Objects (if yes, how are they stored) ____________________

Key Control
Is there a key log? _________________ Where is it kept? ________________
Identify all personnel who are authorized to have keys to the property vault.
_________________________________________________________________
Identify all personnel who are authorized access to the property storage areas
_________________________________________________________________
Does each vault have a log to document entry by anyone other than property
custodians and the Director of Records, P&E ____________________________
B. Inventory-
Select one of the following:
q This inventory is being conducted in reverse order (select items of property and
following the paper trail to the booking officer).
q This inventory is being conducted in normal order (select case reports with property
and evidence documents and follow the paper trail to the item in the storage
location or to the final disposition document).

Case
number
Item number Item(s)
description
Location Remarks

















69



C. Instruction For Random Property Audit:
Active Case File. Randomly select case files in the records section involving
property; follow the paperwork to the stored location of the property.
Storage Items. Randomly select items stored in the property room. Follow
the paperwork back to the property room file and the case file in the records
section.
Completed Property Transactions. Randomly identify closed cases. Track the
Disposal process from receipt of property by the officer to final disposition.

4. Staffing Policies and Facilities

A. Staffing
Number of employees assigned as property/evidence custodian______
Number of employees assigned to supervise the property/evidence
activity____
Hours of operation________________
Organizational placement of property function __________________
________________________________________________________
B. Property Facilities Security
Access to property storage areas ________________________
Property storage keys control ________________________
Property storage security ______________________________
Are there procedures for documenting unauthorized entry or unusual
circumstances?_____ Are the procedures followed?____________
Are Duties of the Custodians clearly identified ____________________
Are items requiring special handling clearly identified ________________
Are there procedures for handling property requiring lab examination ____

C. Property Withdrawal and Return or Transfer
Are there established purposes for withdrawal of property ____________
Are personnel authorized to withdraw property clearly Identified________
Are property withdrawal procedure enforced _______________________
Are Property return procedure enforced ___________________________
Are Property Transfers documented ______________________________
Can property be tracked while outside of Property Room______________
D. Disposal of Property Procedures
Are authorized method of property disposal clearly identified___
Are procedures for property destruction Identified _____________
70

Are procedures for sale of unclaimed property identified_____________
Are procedures for disposal of firearms identified__________________
Are procedures for transferring property to other agencies enforced ____
Are procedures for disposing flammable and explosive enforced______
Are written authorization required from officer before Property is released
or destroyed __________________

E. Facility / Storage
Brief description of the types and locations of temporary and main storage rooms
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________
Can each property storage room be independently secured _______________
When was the last time locks were changed or rotated __________________

4. PROPERTY HANDLING PROCEDURES
A. Property and Forms Preparation and Submission.
Are packaging materials available for the officers? _____________________
Is the preparation area adequate? _________________________________
Is the evidence processed in accordance with established policy __________
Are property control reports and documents distributed filed and maintained in
accordance with established policy? _______________________________

B. Documentation and Files
Is each transaction documented (chain of evidence) ____________________
Is the property indexed in the property file?___________________________
Is the central case file ( records)current with the status of the property? ___

C. Classification of Property
Is property classified into evidence, deter, found property, and property for safekeeping?
__________________________________________________

D. Separation of Property for Storage
Is property separated into the following categories and stored separately with
added security? Describe how the property is stored.
General evidence____________________________________________
Found Property______________________________________________
Property for Safekeeping______________________________________
Deter______________________________________________________
Firearms___________________________________________________
Ammunition________________________________________________
Money, Jewelry, and valuables_________________________________
71

Narcotics and precursors ______________________________________
Flammables, Explosives, pyrotechnics____________________________

E. Lab Procedures
Describe how property is processed for lab examination and returned to the
agency_______________________________________________________
_________________________________________________________
_______________________________________________________

F. Photo Release
Describe the process _________________________________________________
___________________________________________________________________________

5 DISPOSAL.

A. Describe how final disposition is made on the following categories of property:

(1) General Evidence


(2) Found Property

(3) Property for Safekeeping

(4) Firearms

(5) Money

(6) Narcotics

(7) Flammables, Explosives, Pyrotechnics

(8) How is property returned to the owner?

(9) How is property sold?

(10) How is property transferred to other organizations?

6 FACILITIES SURVEY

Describe the storage facilities

Temporary Property Lockers:
- Type Construction

72

- Type Locks

Primary Property Room Type Construction
- Walls

-Ceiling can access be gained to the vaults without difficulty?


-Heating/venting ducts are the vaults accessible though the ducts?

-Windows

-Exit doors- material, locks, hinges

-Bins/ shelves- alpha numeric identification

-Gun racks-

NOTE TO AUDITOR (S): Following the procedures outlined below will prevent the
loss of control of property in the custody of the police department.
Documentation for transfer, release or final disposition
A. The transfer or release of property shall be documented:
Property receipt to person from whom the property was received.
Property identification attached to each item (property tag).
A record of all items taken into custody.
A form(COC) signed by the person (owner, finder) released property
Each time property is released for any purpose must be documented
Transfer of property when it is kept by the Court or District Attorney
must be documented.
Notification to owners when their property is ready for release must be
documented
B. Disposition of property shall be documented:
Permission by the investigating officer or supervisor authorizing the
authorizing disposal of property
Court order requested by the agency authorizing destruction of
narcotics or property.
A form used to notify persons, other than owners who may claim
owners
A form requesting and documenting retention of weapons or property
for agency or city/county use.
73

TYPE OF
AUDIT:______________________________________________________________
AUDITOR:____________________________________________________________

NO. OF CASES ____________DATE OF REPORT:_____________________________
NO.0F ITEM ______________ CLASS OF PROPERTY:_________________________

EVIDENCE ______________________
FOUND _________________________
SAFEKEEPING ___________________
DETER___________________________

TYPE OF PROPERTY: (narcotics, knife, firearms etc.)_________________________

LOCATION OR DISPOSITION SHOWN: __________________________
_____________________________________________________________

ACTUAL LOCATION OR DISPOSITION: __________________________
_____________________________________________________________
PROPERTY VERIFIED: YES______ NO_____






























74









APPENDIX 4


Letters



















75

Attention: ______________

Address: ______________
______________
______________

Reference: ______________


Dear Sir/Madam:
The following item (s) were booked into Property and Evidence as Found
Property/ Safekeeping on ____________________ by Officer ________________,
Case Number _________________.

Police records indicate that you may be the owner of this property.

The property can be released to you between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday at the Haskell Police Department. In order to claim the
property you must present a valid picture identification and proof of ownership.
If property is not claimed by 5:00 p.m., ___________________________ it will
be considered abandoned and can be sold at public auction.


Sincerely,
Richard Candelaria
Chief of Police
Haskell, Texas 79521


______________________
Property Custodian






76

Attention: _______________

Address: _______________
_______________
_______________


Reference Case # _____________

Dear Sir/Madam:

Final disposition instruction has been received for the referenced case.
Police records indicate that you have a bonafided claim to the property.

The property can be released to you between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday at the Haskell Police Department.
In order to claim the property you must have a valid picture identification.
If the property is not claimed by 5:00 p.m. _______________________ it will be
Considered abandoned and can be sold at public auction.


Please bring this letter with you.


Sincerely,
Richard Candelaria
Chief of Police
Haskell, Texas 79521


______________________
Property Custodian













77

Attention: _________________

Address: _________________
_________________
_________________


Dear Sir or Madam:

Police records indicate that you have a right to claim property held in the
Custody of the Haskell Police Department Property and Evidence Section.

The following items were booked into Property and Evidence for Prevent the
Consequences of Theft on __________________ by Officer ___________________,
Case Number __________________.

1.
2.
3.
4.
5.

An examination hearing by a Magistrate to determine the disposition of this property is
scheduled on __________________ at ______________ a.m. at the
Haskell Police Department. You may present your claim of ownership at this hearing.
You will be required to present proof of ownership of said property at this time. Failure
to appear before the Magistrate on the aforementioned time and date may result in the
forfeiture of the property.

Sincerely,
Richard Candelaria
Chief of Police
Haskell, Texas 79521

_______________________
Property Custodian




78







APPENDIX 5

Table of Common
Chemicals

Precursors, Solvents &
Reagents








79



COMMON CHEMICALS


CHEMICAL

CONTROLLED SUBSTANCE PRODUCED

N-Acetylanthranilic acid*** Methaqualone
Anthranilic acid*** Methaqualone
Benzaldehyde Amphetamines, P-2-P
Benzyl cyanide P-2-P
Ephedrine** Methamphetamine, Methcathinone
Ergonovine*** LSD
Ergotamine LSD
Ethylamine*** Ethylamphetamine, MDE
Hydriodic acid (57%) Methamphetamine
Isossafrole MDA, MDE, MDMA
Methylamine*** MDMA, Methamphetamine
3,4-Methylenedioxyphenyl-
2-propanone
MDA, MDE, MDMA
N-Methylephedrine** N,N-Dimethylamphetamine
N-
Methylpseudoephedrine**
N,N-Dimethylamphetamine
Nitroethane Amphetamine, MDA, P-2-P
Norpseudoephedrine** Amphetamine, 4-Methylaminorex
Phenylacetic acid**** P-2-P
Phenylpropanolamine** Amphnetamine, 4-Methylaminorex
Piperidine*** PCP
Piperonal MDA, MDE, MDMA
Propionic anhydride Fentanyl
Pseudoephedrine** Methamphetamine, methcathinone
Safrole MDA, MDE, MDMA
Acetic anhydride Heroin, Methaqualone, P-2-P
80

Acetone
Cocaine, Heoin, Methamphetamine,
etc.
Benzyl chloride Methamphetamine
Ethyl ether All
Hydrochloric acid* All
Methyl ethyl ketone (2-
Butanone)
Cocaine, Heroin, Methamphetamine
Methyl isobutyl ketone Cocaine, Heroin, Methamphetamine
Potassium Permanganate Cocaine
Sulfuric acid*
Amphetamine, Cocaine, MDA,
Methamphetamine
Toluene
Cocaine, Fentanyl, Methaqualone, PCP,
P-2-P


PRECURSOR, REAGENT & SOLVENT USES

PRECURSORS
LIMITED OR NO LEGITIMATE USE IN INDUSTRY
NO LEGITIMATE HOME/HOBBY USE

CHEMICAL DESCRIPTION HAZARDS
Benzyl Cyanide Clear oily liquid or crystals.
Occasional faint almond or
aromatic odor.
Highly Toxic
Ephedrine
1
White crystalline material. No
odor
Toxic
Phenyl-2-
Propanone
Colorless to yellow oily liquid.
Characteristic odor.
Toxic
Phenylacetic Acid White crystals/dissolved liquid.
Pungent vinegar/nauseating
odor.
Toxic,
Irritating
Piperidine Colorless, water liquid. Pepper-
like odor
Toxic,
Irritating
1Except small quantities of personal medication





81


REAGENTS/SOLVENTS
COMMON & LEGITIMATE USE IN INDUSTRY
MAY HAVE LEGITIMATE HOME/HOBBY USE

CHEMICAL DESCRIPTION HAZARDS
Acetone Solvent and cleaner Flammable, Toxic
Ammonia Cleaner (agricultural use) Toxic, Irritating
Ethyl ether Engine starting fluid,
Carburetor cleaner
Explosive,
Flammable, Toxic
Hydrochloric Acid Pool chlorine, tile wash Corrosive
Isopropyl Alcohol Antiseptic (rubbing
alcohol)
Flammable, Toxic
Methanol Model airplane fuel, parts
cleaner, fuel additive
Flammable, Toxic
Perchloroethylene Carpet cleaner, fabric
spot remover
Toxic, Combustible
Petroleum Ether Pain and varnish solvent Flammable, Toxic
Sodium Hydroxide Sink/toilet-bowl drain
cleaner
Corrosive
White Gas Solvent, camping fuel Flammable

REAGENTS/SOLVENTS
NO LEGITIMATE HOME/HOBBY USE

CHEMICAL DESCRIPTION HAZARDS
Hydriodic Acid Red/yellow liquid.
Intensely irritating
vapors.
Highly corrosive,
highly toxic
Hydrogen Chloride Gas Colorless gas. Intensely
irritating.
Corrosive
Red Phosphorous Red powder, no odor Reactive

CHEMICAL DESCRIPTION HAZARDS
Acetic Anhydride Clear, water liquid.
Intensely pungent,
irritating vinegar odor.
Highly Toxic
Acids (Hydrochloric,
Sulfuric, Acetic, Nitric,
Phosphic, or Perchloric)
Usually clear liquids.
Intensely irritating odor.
Corrosive
Aromatic Solvents
(Benzene, Toluene)
Clear, water liquids.
Characteristic solvent
odor, slightly sweet.
Toxic, Flammable
82

Bromobenzene Clear, heavy liquid.
Pungent odor.
Corrosive, Toxic
REAGENTS/SOLVENTS
CONTINUED

Chloroform Colorless liquid. Sweet
odor.
Toxic, Flammable
Cynaide Salt (Sodium or
Potassium Cyanide)
White crystals or lumps.
No odor
Toxic
Cyclohexanone White to pale yellow
liquid. Peppermint odor
Flammable, Toxic
Lead Acetate White powder, no odor Highly Toxic
Lithium aluminum
hydride
White powder, no odor Reactive, Toxic
Lithium Metal Gray solid Reactive, Toxic
Magnesium Turnings Dull to shiny metal
shavings
Reactive
Mercuric Chloride White powder. No odor Highly Toxic
Nitroethane Clear liquid. Irritating
odor
Highly Toxic
Palladium Black Black powder. No odor Reactive
Raney Nickel Dark gray powder or
crystal. No odor
Toxic, reactive
Thionyl Chloride Yellow to red fuming
liquid. Intensely irritating
vapors
Corrosive, Irritating,
Toxic
Sodium Dichromate Red-orange crystals or
liquid
Toxic, oxidizing
Sodium Metal Gray, white soft metal.
Small pieces, chunks or
bricks.
Reactive














END OF DOCUMENT MORE BELOW
05/02/2014
Christopher Collins
Abilene Reporter-News
P.O. Box 30
Abilene TX, 79604
VIA EMAIL christopher.collins@reporternews.com

Dear Mr. Collins:

The City of Haskell received your Public Information Act request directed to the Haskell Police
Department on April 22, 2014 for a copy of [the] agencys current citizen complaint process,
disciplinary process for sworn personnel, and your evidence lockup procedures.

Haskell Police Departments citizen complaint process is guided by state statute listed in Texas
Government Code TITLE 6. Subchapter B (Complaint Against Law Enforcement Officer or Fire
Fighter) Sec. 614.021-614.023.
Disciplinary procedures are guided by the City of Haskell employee policy specifically section 6.
I was unable to scan this document and send it electronically. This section has been mailed to
the address provided in your last email along with a copy of this letter.
Evidence lockup procedures in place for Haskell Police Department are contained within
attached PDF document titled Property and Evidence Recognition Haskell.

Sincerely,

Scott Kennedy
Chief of Police
Haskell Police Department
P.O. Box 1003
Haskell TX, 79521