MARCH 17, 2014
TRAINING UPDATE 14-3
MINNESOTA JUDICIAL TRAINING UPDATE
WEAPONS AND HAZARDOUS
EXHIBITS IN THE COURTROOM POLICY
SAMPLE POLICY: The enclosed sample policy is designed to cover most trial situations in
which a firearm, weapon or hazardous material is somehow involved. By requiring the
party intending to use or display the weapon (or hazardous material) to notify the court
prior to trial, the presiding judge can modify this policy to address any circumstance not
specifically covered by this policy.
PURPOSE FOR “EXHIBITS IN THE COURTROOM” POLICIES
1. To prevent the accidental or intentional discharge of a firearm or the accidental
or intentional injury by means of some other object or weapon which is being
offered or received into evidence.
2. The implementation of exhibits in the courtroom policies will eliminate fear and
apprehension on the part of juries, attorneys and court personnel that a weapon
being offered as evidence in a case could injure someone, initiate an escape
attempt or create a hostage situation.
RECOMMENDED JUDICIAL BEST PRACTICIES
1. Every county should have a “Weapons and Hazardous Exhibits in the Courtroom
Policy” that has been approved by the local bench.
2. Every “Exhibits in the Courtroom Policy” should incorporate Minnesota Judicial
Branch Policy 507 and 21 on Potentially Hazardous Exhibits (both are attached).
3. Compliance with the policy should be mandatory for all attorneys and parties.
4. The presiding judge and attorneys should review the policy in chambers prior to
commencement of trial as part of the pre-trial checklist process.
5. Copies of the policy should be readily available to all interested parties.
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309
MARCH 17, 2014
TRAINING UPDATE 14-3
SAMPLE POLICY
( Insert Name of County ) COUNTY WEAPONS AND
HAZARDOUS EXHIBITS IN THE COURTROOM POLICY
The purpose of this policy is to prevent the accidental or intentional discharge of a firearm or the accidental
or intentional injury by means of some other object or weapon which is being offered or received into
evidence. In addition, the implementation of this policy will eliminate fear and apprehension on the part of
juries, attorneys and court personnel that a weapon being offered as evidence in a case could injure
someone, initiate an escape attempt or create a hostage situation. This policy is designed to cover most
trial situations in which a firearm or weapon is somehow involved. By requiring the party intending to use
or display the weapon to notify the court prior to trial, the presiding judge can modify this policy to address
any circumstance not specifically covered by this policy.
NOTE: HAZARDOUS MATERIAL EXHIBITS: See section #5 below for a summary of the Minnesota
Judicial Branch Policy 507 and 21 on “Potentially Hazardous Exhibits”.
1. PRIOR TO TRIAL:
a. The prosecutor/proponent of the weapon (which includes all attorneys or pro-se parties) advises
the court of the intention to offer a weapon into evidence at trial or to otherwise use or display a
weapon (or any object capable of being used as a weapon) during trial.
b. Before trial, Court Security is advised by the trial judge that a weapon will be introduced or used at
trial.
c. A COPY OF THIS POLICY SHALL BE PROVIDED TO BOTH COUNSEL.
d. The prosecutor/proponent of the exhibit determines the witness (law enforcement officer)
during whose testimony the weapon will be introduced at trial. That witness is instructed by the
prosecutor/proponent as follows:
i. When the weapon is recovered from where it is stored (crime lab or evidence locker) that the
weapon is safe and secured. For firearms, making sure the firearm is unloaded, and that
magazines and bullets are placed in separate containers. Safety devices should be placed on
firearms before they are brought into the courthouse. (See Attachment “A”: Ten Mandates for
Handling Firearms/Weapons as Exhibits).
ii. The witness should check with Court Security and advise them that they are bringing the
weapon into the courthouse. Court Security should double check the weapon, making sure
that any firearms are inoperable and providing additional suggestions on how to make the
weapon safe. For example, safety devices on firearms and see-through lockboxes for sharp
weapons or gas canisters. (See Attachment “A”: Ten Mandates For Handling Firearms/Weapons
as Exhibits).
iii. The witness is advised the weapon must remain in their possession until the weapon is
introduced into evidence.
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309
MARCH 17, 2014
TRAINING UPDATE 14-3
2. DURING TRIAL:
a. The prosecutor/proponent shall advise the trial judge before the weapon is offered into evidence.
A hearing should be conducted outside the presence of the jury to establish the following:
i. The weapon has been brought directly to court by the witness;
ii. Firearms were secured before they were brought into the courthouse and that Court Security is
aware of the weapon and additional security measures are discussed, if necessary; (See
Attachment “A”: Ten Mandates for Handling Firearms/Weapons as Exhibits);
iii. Attorneys are instructed by the trial judge to point firearms at the floor or ceiling and not at any
person. Handguns should be handled by the barrel; (See Attachment “A”: Ten Mandates for
Handling Firearms/Weapons as Exhibits).
b. Before any weapon is shown to the jury, the trial judge advises the jury that weapons are about to
be introduced into evidence and that they are safe. For firearms, the trial judge should explain that
security measures have rendered the weapon inoperable.
c. Once a firearm or weapon is received into evidence, the handling of the exhibit becomes the
primary responsibility of the court clerk, the same as any other exhibit. The court clerk shall confer
with the bailiff in charge to ensure compliance with the provisions of this policy. When not in use in
the courtroom, the weapon should be locked in an evidence locker by Court Security.
d. Weapons or firearms should never be placed or left on counsel table.
e. No firearm should be displayed to a jury until it is necessary to show it to a witness to establish
foundation for its admission into evidence. With leave of the trial judge, photographs of weapons
to be offered into evidence, rather than the weapon itself, should be used by the attorneys who
would like to refer to the weapon in an opening statement.
3. JURY DELIBERATIONS:
Firearms and ammunition should never be given to the jury at the same time. Court Security should
be advised that the jury should be permitted to examine all weapons. However, regarding firearms,
all firearms should be passed out from the jury deliberation room to Court Security before any
ammunition is passed in for the jury’s review.
4. AFTER TRIAL/VERDICT:
After trial, weapons safeguards should remain in place until law enforcement personnel remove the
weapons from the courthouse upon acquittal or, in the event of conviction, the weapons are placed
in the evidence vault for appeal purposes. Post-trial storage of hazardous material is governed by
Minnesota Judicial Branch Policy 507 and 21 – See section 5 below.
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309
MARCH 17, 2014
TRAINING UPDATE 14-3
5. SUMMARY OF MINNESOTA JUDICIAL BRANCH POLICY ON “HAZARDOUS
EXHIBITS” (See Minnesota Judicial Branch Policy 507 and 21):
a. Attorneys are to verbally notify the judge hearing the case 24 hours prior to offering into evidence
blood or other potentially hazardous substances.
i. The court in its discretion may issue an order regarding the handling, use and disposition of the
hazardous materials.
ii. Failure to comply may be grounds for excluding or delaying the submission of the hazardous
substances.
b. Return of Exhibits to be addressed at time of sentencing: At the time of sentencing the court, at
counsel’s request, will provide counsel the opportunity to be heard as to the disposition of trial
exhibits. If counsel doesn’t request a disposition for the exhibits, exhibits shall be immediately
returned to the offering party for safekeeping or for transmittal to the appropriate law enforcement
or investigative agency for safekeeping.
i. The court shall balance the following factors in its decision:
1. Safety of employees and the public,
2. Preservation of the trial record for appeal,
3. The rights and interests of the parties and,
4. Any other factors that bear on the fair, efficient and safe administration of justice.
ii. The following dispositions are presumed to be appropriate:
1. Live ammunition, firearms, drugs, alcoholic beverages, perishable substances, flammable
substances, hazardous substances, contaminated substances, and other potentially
hazardous substances as identified by District Court shall be returned to the offering party for
either safe keeping or for transmittal to the appropriate agency for safekeeping;
2. Items that are unwieldy due to bulk or weight may be returned to the offering party.
JUDICIAL BRANCH POLICY COMMENTS: We have always kept these types of exhibits
after trials and the judges may not like this new procedure. The court of appeals does not want these
types of items sent to them anyway. Normally they only want paper documents and photos. The state
policy is partially designed to help solve space and biohazard concerns in courthouse exhibit faults.
The 24 hour notification requirement noted in #5 above is likely not a current routine except for on
homicide trials when it is anticipated that there will be weapons, ammunition, bloody items etc.
However, if this topic is raised during the judges pretrial checklist which is usually held immediately
prior to commencement of voir dire, in most cases that would satisfy the 24 hour notice requirement.)
Note: The full version of Judicial Branch Policy 507 and 21 is in the attached imbedded word file
or the hyper-link noted below. The full version includes a detailed list and definitions of what
constitute “Hazardous Material”).
http://courtnet.courts.state.mn.us/Documents/100/docs/Judicial_Council/Court%20Services/507_Potentially_Hazardous_Exhibits.doc
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309
MARCH 17, 2014
TRAINING UPDATE 14-3
ATTACHMENT “A”
TEN MANDATES FOR HANDLING
FIREARMS/WEAPONS AS EXHIBITS
The Anoka County Bench adopts the following ten mandates for handling firearms/weapons
as exhibits.
NOTE: Although the bailiff in charge is the person with primary responsibility for the
implementation of the following rules, it is important for all persons involved in the trial
and/or hearing, including attorneys, court reporters, court attendants, law clerks, law
enforcement officers and other court staff personnel to have a solid understanding and
appreciation of the following safety rules:
1. Assume every firearm is always loaded!!
a. The bailiff in charge shall check the firearm each time it is touched unless a mechanical block is in
place to prevent it from being fired.
2. Always point the firearm – and muzzle – down range!!
a. Make sure that when a firearm is held or is being demonstrated or passed that it is pointed at the
ceiling, floor or at a wall, with no one between the weapon and the wall.
3. Know how to handle and hold firearms!!
a. Trigger Guard: Firearms should never be held with the finger inside the trigger guard or on the
trigger unless counsel is demonstrating or directing a witness to do so.
b. Handguns: Hold by the barrel pointed at the floor with the handgrip pointing away from you.
c. Long guns: Hold by the neck of the stock pointing at ceiling with action open. Hinged shotguns
may be pointed at floor with action open.
4. Know how to safely transfer firearms!!
a. Preferred method is for the firearm handler to place the firearm down with the action open and
then allow the other person to pick it up.
b. Never transfer firearm to a witness without specific instructions. Only the attorney or the bailiff in
charge shall transfer firearms.
5. Know who is responsible for the security of the firearm!!
a. The bailiff in charge of the courtroom is responsible for making sure that all firearms and weapons
are secured in accordance with this policy during trial and during morning and afternoon breaks, as
well as noon and overnight recesses. Once a firearm or weapon is introduced into evidence, the
handling of the exhibit becomes the primary responsibility of the court attendant, the same as any
other exhibit. The court attendant shall confer with the bailiff in charge to ensure compliance with
the provisions of this policy.
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309
MARCH 17, 2014
TRAINING UPDATE 14-3
6. All firearms shall have a mechanical block in place to prevent it from being fired!
a. Types of mechanical blocks: Keyed trigger locks; electrician’s strap or nylon flex straps; bicycle
padlock or bicycle cable inserted through ejection port into magazine well, through barrel or
cylinder of revolvers.
b. Mechanical blocks shall render the action inoperable; where the action cannot be secured due to
the design of the firearm, the trigger should be secured with a mechanical block to render the
weapon inoperable.
7. All firearms in the courthouse and courtroom will be open, which means as follows:
a.
b.
c.
d.
e.
the clip or magazine removed, bullets removed from cylinder, bullets removed from chamber.
if a semi-automatic pistol: the barrel slid back,
if a revolver: the cylinder swing out,
if a single or double-barrel shotgun: the barrel “broken” open
if a semi-automatic rifle or shotgun: the chamber slide or cocking lever in open position.
8. Keep ammunition separate from firearms!!
a. any live ammunition shall be placed in a see-through container and shall be kept separate and
apart from the firearm.
b. Under no circumstances shall a firearm be sent back to the jury room during deliberations with the
ammunition.
9. Demonstrations using firearms must be court approved!!
a. All proposed firearm demonstrations must be discussed with the bailiff in charge and approved by
the Court prior to commencement of the demonstration.
10. Special considerations.
a. Clearing long guns requires extra caution. It is not enough to work the action several times with
the lever action, pump action for semi-automatic rifles and shotguns. Cases have been reported
where a round got lodged or stuck at the far end of the magazine tube and was not jarred loose
until working the action over a dozen times. With long guns of this nature, it is absolutely
necessary to remove the tube, check for any plug or any obstruction, and visually check it.
Continually racking the slide or working the lever action will not assure that the long gun is
unloaded. If the design of the firearm prohibits compliance with this provision, alternative safety
precautions may be utilized with approval of the court.
b. Knives: Knives and other large cutting instruments shall be secured to a pegboard with nylon
straps to prevent their use as cutting or slashing instruments. At a minimum, weapons such as
knives and other sharp objects, should be placed in see-through containers before they are
brought into the courtroom.
c. Razors, box cutters, and other sharp instruments: If not secured to a peg board, they should be
kept in heat-sealed pouches that are used in evidence collection by criminalists, double layered to
guard against puncture of the pouch by an item itself. More important than anything is the
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309
MARCH 17, 2014
TRAINING UPDATE 14-3
placement of the weapon as an exhibit – away from easy access to someone who would
deliberately or accidentally use or misuse it in court.
d. Bombs, bomb components, blasting caps, and fuses: To be governed by recommendations of the
United States Marshals Service, the Bureau of Alcohol, Tobacco and Firearms of the United States
Treasury Department, and our local bomb squad or explosive ordinance disposal team. Consider
photographs in lieu of actual devices, unless they can be made inert and can be secured and stored
safely.
e. Non-exhibit weapons of opportunity: Weapons of opportunity can be found in any courtroom in
any courthouse in America. Even the simplest of everyday objects can be turned into lethal
weapons. The most important thing to do is become aware of those items which may become
weapons of opportunity and which may be used by someone who wishes to disrupt the
proceedings, attempt retribution, effect an escape, or cause injury or death. The proper placement
of objects in the courtroom can do more than anything else to minimize or eliminate the threat of
the object being used as a weapon of opportunity.
Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309