HCSD — Standard Operating Procedures

1000.1 PURPOSE AND SCOPE

This policy serves to establish rules and guidelines pertaining to any evidence collected by members of the Coroner Division in the course of a death investigation.

1000.2 DEFINITION

Evidence is defined as any item that has or may have bearing on the cause, manner, or circumstances surrounding the death, identity of the decedent, or can be used to prove the existence or non-existence of a fact.

• Evidence that a Deputy Coroner may commonly take into custody in the course of a death investigation may include, but is not limited to, firearms, other weapons, suicide notes, clothing, ligatures, ante-mortem specimens, prescribed medication, and illicit drugs or related paraphernalia.

1000.3 SEARCH

In the course of a field death investigation, the Deputy Coroner shall be responsible for searching for and identifying pertinent evidence.

• The Deputy Coroner shall conduct a thorough search of the decedent and death location in order to locate pertinent evidence, with consideration to applicable 4th amendment requirements.

1. The Deputy Coroner may also be required to search any relevant incident location(s) related to the death in order to locate evidence, with consideration to applicable 4th amendment requirements.

• The Deputy Coroner shall be responsible for determining the existence of and retrieving relevant ante-mortem specimens from hospitals, laboratories, or other pertinent medical facilities.

1. Ante-mortem specimens may include, but are not limited to, blood, urine, or placenta.

1000.4 PHOTOGRAPHING EVIDENCE

The Deputy Coroner shall photograph pertinent evidence in its original location prior to collecting the item. Photographs shall be taken in accordance with Policy 1132 of this manual.

1000.5 COLLECTION

Evidence as defined in 1100.2 shall be collected by the Deputy Coroner as part of the death investigation. Evidence relating to a death where there is potential for criminal charges should be collected by members of the investigating law enforcement agency with jurisdiction.

If the investigating law enforcement agency is not present or declines to collect evidence, the item(s) shall be collected by the Deputy Coroner.

Under special circumstances, the Deputy Coroner may request the assistance of the investigating law enforcement agency's Crime Scene Investigator, for evidence collection on non-criminal cases if he/she is unable to collect the evidence without compromising the integrity of the item.

1000.5.1 COLLECTION OF ILLICIT DRUGS AND MEDICATIONS

Illicit drugs and medications shall be collected by the Deputy Coroner if pertinent to identifying the deceased, or determining the circumstances, cause, or manner of death.

• If the item is such that it may contain fentanyl or other suspected toxic material/ narcotics, and is packaged or in a closed container, the item shall be collected in accordance with the Hartwell County Sheriff’s Department primary policy manual – Section 802 Property and Evidence.
• Illicit drugs and medications with no investigative value, but representing a public safety hazard, shall be collected by the investigating law enforcement agency or Deputy Coroner, with preference to the investigating law enforcement agency – in accordance with Hartwell County Sheriff’s Department primary policy manual – Section 802 Property and Evidence
• Prescription medications with no investigative value and that do not pose a public safety hazard need not be collected.

1000.5.2 COLLECTION OF WEAPONS

Weapons shall be collected by the Deputy Coroner if pertinent to identifying the decedent or determining the circumstances, cause, or manner of death.

• The Deputy Coroner shall make every effort to render a weapon safe prior to collection.

1. If the Deputy Coroner is unable to make a weapon safe, the Deputy Coroner shall contact the range master for further instruction. If the range master is unavailable the Watch Commander shall be notified.

• If the Deputy Coroner becomes aware of any weapon(s) on scene that are unrelated to the death investigation, the Deputy Coroner shall inform a member of the investigating law enforcement agency of the presence of said weapon(s). The weapon(s) may be collected for safekeeping by the patrol officer, detective, etc., at the discretion of the investigating law enforcement agency. Those weapons may also be collected by the Deputy Coroner as outlined in Section 1102 of this manual.

1000.6 PRESERVATION

All evidence shall be preserved in accordance with the Hartwell County Sheriff’s Department primary policy manual – Section 802 Property and Evidence.

1000.7 PACKAGING

All evidence shall be packaged in accordance with the Hartwell County Sheriff’s Department primary policy manual – Section 802 Property and Evidence.

Chain of Custody

1000.8 CHAIN OF CUSTODY

Once evidence is collected, the Deputy Coroner shall retain physical control over the item(s) until all item(s) are booked into proper secured storage. All evidence shall be placed in a secure location by the end of shift, or prior to leaving the Coroner's Division after an after-hours response. Placing items in an employee locker, in your personal vehicle, or other location for temporary storage is strictly prohibited. Under extenuating circumstances, a supervisor may authorize temporary storage in an authorized secure area (example: locked office safe, closet, or file cabinet) if that area is only accessible by the deputy or supervisor. This will maintain chain of custody.

• For the purposes of drying prior to packaging, temporary storage of wet or soiled evidence items is permitted only in the designated drying closet at the Hartwell County Sheriff’s Department main station or the Coroner Division autopsy room. The autopsy room must be locked for the entirety of the storage duration. The items shall be packaged, booked, and secured in authorized secured storage as soon as possible once drying is complete.

Tagging and Booking

1000.9 TAGGING AND BOOKING

All evidence shall be tagged and booked at the Coroner Division Facility or approved Department collection site, in accordance with the Hartwell County Sheriff’s Department primary policy manual – Section 802 Property and Evidence.

1000.10 DOCUMENTATION

Any evidence collected by the Deputy Coroner, for a case that may result in criminal charges, shall be documented in the records management system under the "Property" tab. Evidence collected for a non-criminal case may be documented on the approved property inventory form and shall be retained with the case file. Description of collected evidence shall include, at a minimum, the following:

• The item(s) collected. Whenever possible, include a full description of the item collected, including color, complete name, model and serial numbers, etc.
• Location where the item was found.
• Storage Location Re-examination of Evidence

1000.11 RE-EXAMINATION OF EVIDENCE

Deputy Coroners shall make every effort to examine and collect necessary information from evidence prior to booking. If a Deputy Coroner needs to re-examine a piece of evidence for any reason after booking, he/she shall contact the Hartwell County Sheriff’s Department Property Division to request temporary release of the item using the appropriate tracking system and release forms.

Once the re-examination is completed, the Deputy Coroner shall re-seal the item and return it to the approved department collection site, prior to the end of shift.

Disposition of Evidence

1000.12 DISPOSITION OF EVIDENCE

The Hartwell County Sheriff’s Department Property Division shall be responsible for determining evidence disposition at the time of case closure or thereafter. The preferred storage location for any evidence items will be outside the Coroner Division and at a location designated by the Property Division. Any items of evidence which have been stored in the Coroner Division shall not be released without prior approval of the Property Division.