HCSD — Standard Operating Procedures

1002.1 PURPOSE AND SCOPE

California Government Code 27491.3 authorizes the Sheriff-Coroner, Coroner, Deputy Coroner to take custody and control of any and all personal effects, valuables, and property of the deceased at the scene of death, including real property, and safeguard them until lawful disposition can be made. The purpose of this policy is to establish rules and guidelines pertaining to the collection and safeguarding of personal property and/or real property by members of the Coroner Division. The Deputy Coroner shall take custody of, control, and safeguard property of a decedent as outlined herein. This policy is specific to property that is not otherwise evidence relevant to the death investigation.

1002.2 DEFINITION

Property is defined as any item of value on the decedent's person or found at the death location, and may include real property, if it is determined the decedent is the owner of the property.

• Property items collected by the Deputy Coroner may include, but are not limited to, jewelry items, wallets, cell phones, currency, firearms, keys, medical prosthetics, cosmetic devices, purses, tote bags, and occasional bulk items such as luggage, bicycles, or wheelchairs.
• Clothing items and internal medical or prosthetic devices are excluded.

1002.3 SEARCH

In the course of a death investigation, the Deputy Coroner shall be responsible for searching for and identifying a decedent's property, within the parameters of the 4th amendment.

• The Deputy Coroner shall conduct a thorough search of both the decedent and the death location in order to locate and identify property.

1. All property items discovered on the decedent's person shall be removed and collected at the discretion of the Deputy Coroner.
2. Property items not on the decedent's person shall be collected when:

• The item is needed to complete the death investigation.
• The item is in danger of loss or damage and cannot be reasonably secured at the location of death.

3. Perishable items (i.e. food items) may be discarded at the discretion of the Deputy Coroner.

1002.4 COLLECTION

Property items discovered at the death location should be collected only by a Deputy Coroner. Property items discovered upon intake to the Coroner Division Facility should be turned over to the investigating Deputy Coroner for documentation. Property items deemed to be evidence of a crime shall be collected in accordance with Section 1100 of this manual.

1002.4.1 DIFFICULT REMOVAL OF PROPERTY FROM DECEDENT’S PERSON

When the Deputy Coroner is unable to remove an item of property from the decedent's person, the decedent and/or relevant body part (example: a ring unable to be removed from the finger) shall be sealed in the body bag for transport to the Coroner Division Facility. The Deputy Coroner shall document the presence of property on the body.

• If the property item is successfully removed later, the property item shall be combined with any other item(s) previously collected by the Deputy Coroner on scene.
• If upon release of the body the property item has still not been removed the item shall be released with the body and signed for by the mortuary representative at time of release.

1002.4.2 UNINTENDED DAMAGE OF PROPERTY

The Deputy Coroner shall make every effort to preserve the decedent's property during the collection process. If any item is unintentionally damaged during collection, the damaged item shall be documented in the Deputy Coroner's report narrative.

1002.5 INVENTORY

All property collected by the Deputy Coroner or other authorized personnel shall be inventoried and itemized using the Coroner Division Property Inventory form. Property inventory should take place at the death location. The presence of a third party is highly recommended and their signature should be recorded on the Property Inventory Form.

• The third party should be a law enforcement officer, nurse or other medical staff, or other reliable witness.

1002.5.1 DIFFICULT INVENTORY, OR INVENTORY IN HAZARDOUS CONDITIONS

When the type or quantity of property items, or hazardous/environmental conditions on scene, create the potential for items to be lost, damaged, or miscounted if inventoried at the death location, all property items may be transported to the Coroner Division Facility for inventory in a controlled environment. The inventory should be witnessed by a reliable witness, if available.

1002.6 TRANSPORTATION OF PROPERTY

At no time will property items be left unsecured by the Deputy Coroner while in transit from the death location to the Coroner Division Facility.

1002.7 PACKAGING OF PROPERTY

The Deputy Coroner shall package the decedent's property with the utmost respect and care for the item(s). The Deputy Coroner may clean items that are soiled or bloodied. The Property Inventory form shall be attached to the property bag until all property items are released.

1002.8 PROPERTY STORAGE

Packaged property shall be stored in the designated secured storage area at the Coroner Division Facility.

1002.8.1 STORAGE OF BULK ITEMS

Bulk property items that will not fit into alternative packaging may be placed on the floor of the evidence room with the Property Inventory form attached. Bulk property items that will not fit in the designated secure storage area shall be transported directly to the Hartwell County Sheriff’s Department Property Division and booked for safekeeping.

1002.9 DOCUMENTATION OF STORAGE LOCATION

All property bags placed into or removed from the evidence room at the Coroner Division Facility should be tracked using the Hartwell County Sheriff’s Department records management system.

1002.10 LONG TERM STORAGE

Property items, except U.S. currency, remaining unclaimed at the Coroner Division Facility for a period of 14 days should be transferred to the Hartwell County Sheriff’s Department Property Division for safekeeping. U.S. currency remaining unclaimed for a period of 14 days shall cause the Coroner to be notified.

• Written authorization from next-of-kin is not required when transferring the item(s) to the Hartwell County Sheriff’s Department Property Division.
• Property may remain in storage at the Coroner Division Facility longer than 14 days if the Deputy Coroner chooses to give consideration to the legal next-of-kin due to special circumstances.
• Special circumstances may include the need to travel from out-of-state, elderly next- of-kin, etc.
• Property may also remain in storage at the Coroner Division Facility longer than 14 days if the body remains in-house or the case is being handled by the Public Administrator.
• Unclaimed U.S. Currency is often the result of unclaimed and/or indigent remains. Pursuant to Section 1122 of this manual, if the amount of unclaimed U.S. currency is greater than the total cost of disposition, the funds shall be turned over to the Public Administrator. If the amount of unclaimed U.S. Currency is less than the total cost of disposition the currency may be released to the mortuary for partial payment of disposition.

1002.11 RELEASE OF PROPERTY

Property may be released by a Deputy Coroner to the decedent's legal next-of-kin as defined by Health and Safety Code 7100, or any person designated by them in writing.

• A decedent's next-of-kin may transfer his/her authority for property to any other party by sending a written authorization to the Coroner Division Facility. This authorization shall clearly state their wish to release property to the new intended recipient, the transferring party's signature, and date.

1002.11.1 RELEASE OF PROPERTY WITHOUT WRITTEN AUTHORIZATION

Property may be released to any of the following parties without written authorization from the decedent's next-of-kin:

• The investigating law enforcement agency
• The Hartwell County Sheriff’s Department Assistant Public Administrator
• Authorized representatives of the armed forces, when the decedent was an active duty military member

1002.11.2 NEXT-OF-KIN PROPERTY DISPUTE

When there is a known dispute amongst a decedent's next-of-kin concerning the release of property, and it appears, based on the facts known to the Coroner, all parties have equal lawful right to the items, all property shall be held at the Coroner Division Facility and/or the Hartwell County Sheriff’s Department Property Division until a resolution is determined either by a court of law, the Hartwell County Sheriff’s Department Assistant Public Administrator, County Counsel, or the Coroner Division Commander.

1002.12 PROPERTY COLLECTED AT THE CORONER DIVISION FACILITY

Previously undocumented property that is discovered on the decedent's person at the Coroner Division Facility shall be collected and packaged by the Deputy Coroner and stored in the appropriate secured storage area. Property collected in this manner shall be handled in accordance with all applicable sections of this manual.

1002.13 LOSS OF PROPERTY

If any member of the Coroner Division discovers that a property item has been misplaced or lost, the Coroner shall be notified immediately. The employee who discovers the loss shall author a memorandum to the division commander outlining the circumstances surrounding the loss.

1002.14 FOUND PROPERTY

When a Deputy Coroner has discovered property in the decedent's possession that clearly belongs to another party (example: credit cards or driver's license in another's name), that item shall be booked at the Coroner Division Facility, or any other authorized Department collection site, as found property.

Next-Of-Kin 1003 NEXT-OF KIN