VANCOUVER POLICE DEPARTMENT REPORT TO THE VANCOUVER POLICE BOARD REPORT DATE: August 30, 2013 BOARD MEETING DATE: September 17, 2013 BOARD REPORT # 1309V09 Regular TO: Vancouver Police Board FROM: Jim Chu, Chief Constable SUBJECT: Amendments to Regulations and Procedures Manual Section 1.9.7: Exhibits Requiring Forensic Examination ____________________________________________________________________________ RECOMMENDATION: It is recommended that: 1. The proposed amendments to the Regulations and Procedures Manual (RPM) be submitted to the Vancouver Police Board (VPB) for their consideration and approval, and subsequent forwarding to Police Services as required by Section 28 of the Police Act; and 2. This file be concluded. SUMMARY: Section 1.9.7: Exhibits Requiring Forensic Examination of the Vancouver Police Department (VPD) RPM outlines procedures for members when they are seizing exhibits that require forensic examination. Due to the significant evidentiary value that these exhibits often contain, it is important that best practices are closely followed to preserve their integrity. RPM Section 1.9.7 is out of date, which has been causing confusion for members when they are required to tag items for follow-up by the Forensic Identification Unit (FIU), the Forensic Firearms and Tool Mark Unit (FFTMU), the Royal Canadian Mounted Police (RCMP) Forensic Laboratory, or the Hit & Run Unit. POLICY/BACKGROUND: RPM Section 1.9.7 was last amended in 2002, and as such required extensive updating. 1 DISCUSSION: Various subject matter experts provided significant input into the correct wording of the policy, and clarified the procedures regarding forensic exhibit submission to the FIU, FFTMU, the RCMP lab, and the VPD Property Office so that they can be easily understood and followed by members. Some redundant or unnecessary passages were removed, resulting in a much more streamlined procedure that relays all of the pertinent information in a more concise manner. CONCLUSION: The correct handling and disposition of exhibits requiring forensic examination is a significant step in preserving the integrity of various types of evidence. As such, it is important that RPM Section 1.9.7 be up to date, as members should be following best practices wherever possible. The proposed amendments will serve to clarify procedure and avoid any confusion that members may have experienced in the past when handling exhibits of this type. Author: Cst. Megan Price Telephone: 604-717-9242 Date: Aug.30, 2013 Submitting Executive Member: Adam Palmer, Deputy Chief Constable Date: August 30, 2013 2 CURRENT POLICY 1.9 Property and Evidence Next Section 1.9.7 Exhibits Requiring Forensic Examination (Effective: 2002.05.28) 1. Members seizing evidence that requires examination by the Forensic Firearms and Tool Mark Unit or Forensic Identification Unit (FIU) shall: a. Log the property into the Property Office. b. Attach a Property Tag to the exhibit. c. Deliver the evidence to the appropriate technician. d. Create a separate text page in the related GO Report, outlining the analysis required, with the page heading: "Forensic Examination Requested." 2. Members submitting exhibits to the RCMP Forensic Laboratory shall comply with the following: a. Log the property into the Property Office. b. Attach a Property Tag to the exhibit. c. Pre-authorization must be obtained from the RCMP Forensic Laboratory before the laboratory will accept the exhibit(s). This can be obtained by faxing a completed "Request For Analysis" (RCMP form C414) to the RCMP Forensic Laboratory to determine whether or not the case is acceptable. d. The following information should be included on the RCMP C414 form: full outline of the circumstances. the contemplated charge. the nature of the examination or analysis required. the location of the exhibit. the full names and dates of birth of the victim and suspect(s) involved. the investigator(s) name, assignment, contact number, e-mail address. VPD case number(s). e. Cases that are accepted will receive an authorization number from the RCMP Forensic Laboratory along with the optimum number of exhibits that the laboratory is prepared to accept. Once the authorization number is received, enter it on the RCMP form C414. f. The member will personally transport the accepted number of exhibits to the RCMP Forensic Laboratory. If the member is unable to transport exhibits, the member shall contact the Property Office to arrange transportation. g. Create a separate text page in the related GO Report, outlining the analysis required, with the page heading: "Forensic Examination Requested." h. If a decision is made not to submit exhibits, or if the RCMP Forensic Laboratory declines to accept the case or limits the number of acceptable exhibits, submit a GO Report, with a copy to the Property Office, indicating disposition of the unused exhibits. (Note: Investigators should wait an appropriate length of time before having the "unused" exhibits destroyed in case the RCMP Forensic Laboratory requests additional exhibits to aid their analysis.) 3. When the Forensic Firearms and Tool Mark Unit, Forensic Identification Unit or the RCMP Forensic Laboratory is closed, members shall: a. Place exhibits requiring forensic analysis in a Science Locker at 1570 Kootenay Street adjacent to the Forensic Identification Unit Office. b. Attach a Property Tag to the exhibit. c. Enter the exhibits in the Property Office Log Book 3 4. 5. 6. 7. 8. d. Create a separate text page in the related GO Report, outlining the analysis required, with the page heading: "Forensic Examination Requested." e. Seek pre-approval for submission of evidence to the RCMP Forensic Laboratory, as outlined in 2(c) above. f. For exhibits being forwarded to the RCMP Forensic laboratory, ensure that an RCMP C414 accompanies the exhibit with the information as outlined in paragraph 2(d) above g. In the event that all Science Lockers are full, a call out of the Property Supervisor or the Exhibit Custodian is required. Contact numbers for the Exhibit Custodian may be found in the phone list database. The Evidence Drying Facility is to be used when wet, or body fluid soaked evidence has been seized and requires drying prior to storage or submission for analysis. The key to the Evidence Drying Facility is located at the Public Service Counter (PSC) Counter. Evidence to be placed in the drying lockers will usually fall into one of three categories: a. Evidence placed in the lockers by members of the Forensic Identification Unit. They have their own locks and have the responsibility to remove and process their own evidence. Members of the F.I.U. should refer to their own "Specialist Investigator Exhibit Processing Procedure" sheet. b. Evidence placed in lockers by members of the Major Crime Section. MCS members have their own locks and have the responsibility to remove and process their own evidence. Members of MCS should refer to their own "Specialist Investigator Exhibit Processing Procedure" sheet. c. Evidence placed in the lockers by all other members of the VPD. The Evidence Drying Rooms are located at 2010 Glen Drive. Members should refer to the sheets marked "General Exhibit Processing Procedure." The locks used should be the locks belonging to the Property Office, which hang on the wall outside the two drying rooms. Members shall: a. Ensure that a Property Tag and a RCMP C414 are completed. Place all reports in report slot found on the locker door. b. Ensure that the logbook in the evidence drying facility is completed prior to leaving. c. In the event that all drying lockers are full, a call out of the Property Supervisor or the Exhibit Custodian is required. Contact numbers for the Exhibit Custodian may be found in the phone list database. Only these individuals are authorized to clean and prepare the drying lockers. d. If an exhibit contains maggots, flies or other vermin, do not place it in a locker. They must be put in the Forma-Scientific freezer. Due to the extreme cold in the freezer (86 Celsius) members shall contact or call out the Property Supervisor or the Exhibit Custodian for assistance in placing exhibits in the freezer unit. Contact numbers for the Exhibit Custodian may be found in the phone list database. Analysis results will be submitted to investigating members from either the RCMP Forensic Laboratory or the Property Office. Members shall forward an original copy of the Analysis results to Police/Crown Liaison, and complete a supplement to the related GO report. A member seizing evidence requiring investigation by the Hit and Run Squad shall: a. When possible, hand the evidence directly to a Hit and Run member, or b. If the Hit and Run Office is closed, place all evidence and relevant reports in the lockers located in the PSC Property Room. c. Secure all large items at the Police Garage facility, and submit a GO report. 4 FOI: FOR PUBLIC RELEASE PROPOSED POLICY 1.9 Property and Evidence 1.9.7 Exhibits Requiring Forensic Examination Exhibits for Forensic Identification Unit or Forensic Firearms and Tool Mark Unit 1. Members seizing evidence for examination by the Forensic Identification Unit (FIU) or the Forensic Firearms and Tool Mark Unit (FFTMU) shall: a. Enter each exhibit into the Versadex Property Module, and complete a Form 5.2 if required; b. Package the exhibits appropriately to preserve potential trace evidence; c. Print a property label for each item, but leave the labels on their paper backing; d. (i) Deliver the exhibits, property labels, and a copy of the Form 5.2 by hand to a FIU member or FFTMU technician, or (ii) Place and secure the exhibits, property labels, and a copy of the Form 5.2 in a patrol science locker at 1570 Kootenay Street. Complete a Science Locker Submission form and attach it to the Science Locker door; and e. Create a separate text page in the related GO Report, outlining the analysis required, with the page heading: "Forensic Examination Requested." Submissions to the RCMP Forensic Laboratory 2. Members seizing evidence for direct submission to the RCMP Forensic Laboratory shall: a. Enter each exhibit into the Versadex Property Module, and complete a Form 5.2 if required; b. Package the exhibits appropriately to preserve potential trace evidence; c. Print a property label for each item, and attach the label to the packaging; d. Tag the property in the Property Office, 2010 Glen Dr.; e. Complete a “Request for Forensic Laboratory Analysis” (RCMP Form C414) <LINK>, detailing the following: full outline of the circumstances; contemplated charge(s); full description of the exhibit and its relevance to the investigation; nature of the examination or analysis required; full names and dates of birth of the victim and suspect(s) involved; 5 investigator(s) name, assignment, contact number, e-mail address; VPD case number(s); f. Either fax (1-877-243-5047) or e-mail (fac-cej@rcmp-grc.gc.ca) the completed Form C414 to the RCMP Forensic Laboratory for authorization; g. Upon receipt of the authorization for submission, enter the authorization number on the RCMP Form C414 and deliver the exhibits to the RCMP Forensic Laboratory in Vancouver. If the exhibits are to be delivered to other labs, contact FIU for assistance; h. Create a separate text page in the related GO Report, including the relevant details (exhibits accepted for analysis, expected diary date, etc.), with the page heading: “Request for Forensic Laboratory Analysis.” i. Upon receipt of the Forensic Science and Identification Services Laboratory Report, update the GO Report with a summary of the results; and j. Ensure all RCMP forms and relevant documentation (including, but not limited to, Form C414, Submission Authorization, Submission Receipt, Laboratory Report, Notice of Diary Date Extension, etc.) are scanned into the GO as attachments, and the printed originals are tagged at the Property Office. Handling of Wet Exhibits or Exhibits With Live Biological Evidence 3. All wet items must be dried before packaging for submission to the FIU, FFTMU, or the RCMP Forensic Laboratory at the evidence drying facility at 2010 Glen Drive. Members should refer to the sheets marked "General Exhibit Processing Procedure”, and shall: a. Print a property label for each item, but leave the label on its paper backing and place it inside the slot on the front of the locker door; b. Secure the exhibit(s) in the drying cabinets using the Property Office locks, located on the wall outside the two drying rooms; c. Log the exhibits into the evidence drying facility log book; d. In the event that all drying lockers are full, on weekdays during dayshift hours advise a Property Custodian. After hours, members shall notify the Duty Officer through a supervisor; the Duty Officer can in turn contact a Property Supervisor or Manager; e. If an exhibit contains maggots, flies or other vermin, do not place it in a locker. Ensure that a property label is securely attached to the exhibit, and place it inside the stand-up freezer located inside the evidence drying room; and f. Ensure that the exhibits, once dry, are delivered to the FIU, FFTMU, or the RCMP Forensic Laboratory. 6 Evidence for the Hit & Run Unit 4. A member seizing evidence requiring investigation by the Hit & Run Unit shall: a. (i) When possible, hand the evidence directly to a Hit & Run Unit member, or (ii) If the Hit & Run Office is closed, tag all evidence at the Property Office, 2010 Glen Drive. b. Secure any vehicles, particularly any suspect vehicles in which airbags have deployed, that require forensic examination at the Police Garage, 2010 Glen Drive. c. Ensure the GO report is routed to the Hit & Run Unit handle. 7