EVIDENCE DEPOSITORIES

LEARNING OBJECTIVES: Define an evidence depository and identify the minimum standards for the physical protection of evidence. Explain combination control and list the requirements for evidence inventories. Describe the method for transfer and shipment of evidence and the steps necessary for delivery of evidence to a laboratory. Describe the conditions under which evidence may be disposed.

Any of a variety of configurations may be used to physically safeguard evidence and thus be referred to as an evidence depository or evidence locker. The needs of the command will dictate the size of the depository.

Minimum standards for the physical protection of evidence are as follows: . The depository may be a General Services

Administration (GSA) approved security container or a strong room as defined by the Department of the Navy

Figure 17-3.-Department of the Navy Evidence Log (OPNAV Form 5527/24).

Information and Personnel Security Program Manual, OPNAVINST 5510.1. 

. If a GSA container is used, it will weigh at least 800 pounds empty or be secured to the deck or bulkhead in such a manner that the container or the structure to which it is attached would have to be destroyed to remove it. 

. If a strong room configuration is used, it should be equipped with shelves, storage bins, lockers, and so on, to facilitate an organized, accessible system of storage. 

l Lock-bar-and-padlock-type file cabinets or cypher locks are not authorized for the protection of evidence. Locks with keys are considered less secure than combination locks and should not be used.

TEMPORARY DEPOSITORIES

In some cases, temporary storage of evidence may be necessary or practical. When the evidence custodian or alternate is not immediately available to receive the evidence from the security force member, a limited-access, secure container (such as a drop container) may be used.

COMBINATION CONTROL

Combinations to all evidence containers must be changed at least annually or whenever the evidence custodian, alternate, or security officer changes or when any suspected breach of evidence security occurs.

Under no circumstances will the combination(s) to evidence depositories be disclosed to anyone other than the custodian, alternate, or security officer.

INVENTORIES

A complete inventory of evidence and reconciliation of documents must be accomplished at least semiannually. Any suspected breach of evidence integrity is cause for an immediate inventory.

Inventories will, at the minimum, consist of a reconciliation of the evidence log against the active and final disposition evidence files and a visual accounting of each item of evidence.

Evidence inventories will be conducted by the evidence custodian, alternate, security officer, and a disinterested third party. An entry will be made in the evidence log, showing the date of the inventory and the persons present.

Relief of custodian inventories may be conducted by the evidence custodian and the relieving custodian.

TRANSFER AND SHIPMENT OF EVIDENCE

Physical evidence in the possession of the Navy will, from time to time, require transfer and shipment to another activity or agency, and the chain of custody must be maintained.

Two primary reasons for transfer and shipment are (1) when evidence is shipped to a laboratory for forensic examination and (2) when an investigation originates with one command but is refereed to another. Evidence may be transferred temporarily or permanently, hand-delivered, or transferred by registered U.S. mail.

Transfers of evidence are accomplished by the evidence custodian. Local transfers may be hand-carried. The evidence custodian should take care to ensure the evidence is received by the other activity in the same condition as when originally collected. When the evidence must be transferred to an activity geographically distant from your own, package the evidence properly (see appendix II) and transfer it by registered mail.

In either event, the original custody document(s) (OPNAV Form 5527/22) and the first copy from the active evidence file will be signed out in the Released block by the custodian. If the evidence is to be hand-carried, the receiving custodian will sign the Received block of both the original and the first copy. The original is retained by the receiving custodian and stays physically with the evidence. The first copy is retained by the releasing custodian, to be filed in the active evidence file for temporary transfers or in the final disposition file for permanent transfers.

When registered mail is used to accomplish the transfer, the original custody document(s) are signed out as for local transfer by the evidence custodian. The Received block is filled in with Registered U.S. Mail and the registered mail number. The original custody document is packaged with the evidence, and the first copy is retained in the appropriate evidence file (active/final disposition). When the return receipt is received, the evidence custodian should attach it to the first copy.

All transfer transactions, whether temporary or permanent, must be recorded in the evidence log.

When temporarily transferred evidence is returned, the other activity's evidence custodian should have receipted and released the evidence on the original custody document. 'The evidence custodian need only receive and return the evidence into the system, making the required notations on the evidence custody document and the evidence log.