Evidence Integrity

Policy: Evidence Integrity

Author: Chief Joseph M. Hallman

WILEAG Standard: 11.2.6

Issue Date: November 25, 2011

Reviewed Date: April 21, 2026

Revised Date: April 21, 2026

 

Purpose:

The purpose of this policy is to identify the responsibilities involved in the proper handling, safekeeping, and disposition of property and evidence that is found, recovered, seized, or stored as a result of action by a member of the UW-Platteville Police Department, and to establish guidelines for managing the integrity of this inventory.

Policy:

Members of the UW-Platteville Police Department shall seize and inventory property when probable cause exists to believe that the property is stolen, contraband, abandoned, in need of safekeeping, or when it is required as evidence. Inventoried property shall be documented within the incident/case as property in the UW-Platteville Police records management system and secured in a temporary evidence locker or other authorized secure area. All inventoried property shall be handled and stored in such a manner which preserves its integrity and evidentiary value and which protects it from loss, theft, damage, or other adverse effects.

Any Officer seizing any item(s) without a search warrant shall give a receipt as soon as practicable to the person from whose possession they are taken in accordance with Wis. Stat. §968.18.  The receipt will be in the form of an “Owner Receipt” that can be printed within the property section of the records management system.

Definitions:

  1. Inventory- to make an itemized report or record of.
  2. Property- something owned; any tangible possession that is owned by someone.
  3. Evidence- property having significance as a potential means of determining the truth of an alleged matter of fact under investigation.
  4. Seized- property acquired by the police by means of warrant or warrant less search. An involuntary relinquishment of possession and control.
  5. Recovered- to get back something previously lost or taken away.
  6. Contraband- property that is by federal or state law or local ordinance inherently illegal and prohibited from private ownership, use or possession.  Property not inherently illegal but put to an illegal use
  7. Safe Keeping- entrusted to another for care, protection, etc.
  8. Found/Abandoned- to have come upon or discovered, often by accident.  The intentional act of relinquishing permanently all rights, title, claim and possession of property without reference to a specific person.
  9. Stolen- that which has been taken from another without right or permission.
  10. Lost- owner has involuntarily parted possession of property and has no knowledge of its location.

Procedures:

  1. Recovery of Property
    1. Upon taking possession of evidence or property from a person, officers will document the person's identity and the circumstances surrounding the recovery of the property. A receipt will be issued upon request to the person from whom non-contraband items are taken.
    2. Officers will research for ownership any evidence or property that is recovered when the ownership is unknown or uncertain at the time of their recovery.
  2. Property Intake Procedures
    1. All items taken into the UW-Platteville Police Department’s possession shall be documented in the UW-Platteville Police Department record management system incident report- property section.  Officers should provide a brief description of each property item, as well as an offense field report or incident report (add narrative) detailing the circumstances by which this property came into the agency’s possession.
      1. All items shall be described in detail so as to be readily identifiable upon inspection.
      2. If property is to be stored, it shall be assigned a property inventory number by the Evidence Custodian, who will then record this information in the UW-Platteville Police Department records management system.
      3. If property can be released to the owner, the recovering officer shall clearly note this in the incident report (add narrative).
      4. If evidence requires processing by the State Crime Lab or other laboratory, the recovering officer shall clearly note this information in the incident report and notify the evidence custodian.
      5. All transfers of custody for evidence or property shall be documented in the UW-Platteville Police Department records management system, specifically in the property section, and should indicate date/time, recipient, and the property location status change.
  3. Packaging & Storage
    1. All items shall be packaged and secured in a sealed paper or plastic bag, if possible, with multiple items packaged separately from one another whenever possible. In general, all items shall be packaged in accordance with the guidelines set forth in the most current Wisconsin Department of Justice State Crime Laboratories’ Physical Evidence Handbook. Certain items require specific packaging instructions, which are outlined in this policy.
    2. All packages shall be labeled using indelible ink. Information shall be written directly on the outside of the package. Some packaging containers have a label pre-printed on them. If this is the case, all areas of requested information shall be completed. If this is not the case, information included shall be as detailed as is practical, paying specific attention to the case number and the potential owner of the property.
    3. Large items, such as vehicles, bicycles and other similar items that cannot be packaged shall have a completed property tag affixed to the property in such a manner that does not permit it to become easily detached, allows a view of the property tag information, and minimizes any damage or disfigurement to the property itself.
    4. All items not immediately released shall be placed in a secure temporary evidence locker, along with documentation as to what the property is and the incident number related to the property, before the end of the officer’s shift. A Supervisor may authorize an exception if the property is required for investigative purposes.
    5. Vehicles, bicycles, and other large items not stored in the evidence room will be transferred to their designated storage areas and properly secured, and that location shall be mentioned in the incident report, property section. 
    6. Evidence that requires processing by the State Crime Lab should be also placed in a temporary evidence locker, as mentioned above.  An email shall be sent to the evidence custodian regarding the need to have the property transferred and to allow for the proper maintenance of the chain of custody.
    7. It shall also be the responsibility of any officer or member of this Department taking property into his/her possession to either render the property safe from any known or perceivable hazards or to notify the Evidence Custodian that an item or object poses a potential danger for injury and/or blood borne pathogens. Special care shall be taken when handling firearms and no weapons shall be stored possessing active ammunition.
    8. The Evidence Custodian shall determine when certain property, due to its size, odor, volatility, or dangerous condition, shall be re-located to a remote location under the control of this Department in order to maximize citizen and employee safety.
    9. All items inventoried shall be stored in a secured temporary evidence locker or other authorized secure area.
    10. The Evidence Custodian maintains the right to refuse to accept any property which is not properly marked, packaged or documented.
  4. Transmittal of Evidence to the Crime Lab
    1. All transfers of evidence to and from the Crime Lab will be coordinated through the Evidence Custodian or designee, who will ensure that evidence destined for the Crime Lab is delivered in a timely and appropriate manner.
    2. All perishable physical evidence which may include, but is not limited to, fresh whole/liquid blood, blood-stained objects, other physiological stains and tissue, and biological materials, should be sent to the Crime Lab as expeditiously as possible.
    3. All transfers of evidence to and from the Crime Lab will be documented within the UW-Platteville Police Department record management system.
    4. Evidence shall be prepared and packaged in accordance with Crime Lab procedures, and all evidence submitted to the Crime Lab shall be accompanied by a “Transmittal of Evidence” form, which has been completed by the investigating officer.  That form should be uploaded into the Incident.
    5. A copy of the Crime Lab Receipt of Physical Evidence shall be uploaded into the UW-Platteville Police Department records management system.
    6. The Crime Lab will mail the written results of their findings, which will be forwarded to the investigating officer. This officer will then ensure that the results are documented in a supplement and the report is uploaded into the records management system.
    7. When retrieving evidence from the Crime Lab, the property will either be returned to the Evidence Custodian, or secured in a temporary evidence locker, along with the appropriate documentation.
  5. Inventory Procedures
    1. Stolen Property
      1. Any item found to be stolen shall be recovered and inventoried.
      2. If property is listed as stolen through NCIC/CIB, then the reporting agency shall be contacted regarding the recovery.
      3. If the property is of evidentiary value, then it shall be retained until the criminal case is closed and all appeals are exhausted. Items may be photographed and returned to the owner where feasible and with prior approval from the prosecutor.
      4. If property is not of evidentiary value, then a determined effort shall be made to return the property to its owner.
    2. Contraband
      1. Any item found to be contraband (that which cannot be legally possessed) shall be recovered and inventoried.
      2. Contraband items not of evidentiary value shall be inventoried and disposed of by the Evidence Custodian in the appropriate manner.
      3. Fireworks, alcohol, tobacco products, drug paraphernalia obtained through a Resident Assistant, and perishable items confiscated under an ordinance violation may be destroyed by the investigating officer, but must be photographed first. The destruction of this evidence must also be witnessed by another officer and documented in the incident report.
    3. Weapons
      1. All firearms shall be checked through NCIC/CIB.
      2. All firearms shall be carefully inspected and made safe.
      3. All firearms shall be described in detail, including make, serial number, and any identifying marks.
      4. Special care should be taken to document the location of ammunition found in a weapon and to preserve any trace evidence that may be recovered from the weapon. All firearms are to be packaged separately from other items listed on the property inventory report. Ammunition should not be packaged in the same evidence container as the weapon. All firearms should be packaged in cardboard gun boxes.
      5. All non-folding edged weapons shall be packaged in a cardboard box, and secured in a stationary position within the box, to prevent accidental injury. Folding edged weapons shall be stored in a folded position, and packaged in a sealed, clear evidence bag. Edged weapons containing blood or other evidentiary material should be air-dried prior to packaging, and should not be packaged in plastic.
      6. All weapons shall be packaged in such a manner as to protect others from accidental injury.
    4. Controlled Substances
      1. All controlled substances shall be identified, tested, weighed, and/or counted. Field testing shall be performed unless the entire amount of the substance would be consumed by the field test, in which case testing shall be performed by the crime lab, if referring for criminal charges.
      2. All controlled substances shall be packaged separately from other items listed within the property section of the UW-Platteville Police Department records management system.
      3. Marijuana and other plant material should be dried prior to packaging, and shall be packaged in a sturdy paper container.
      4. Syringes and needles shall be packaged in a clear plastic tube and be presented for transport to the State Crime Lab for testing.
    5. Body Fluids
      1. All evidence suspected of containing hairs, fibers, semen, blood, or other body fluids should be recovered, processed and inventoried following the procedures contained in the most current State Crime Lab’s Physical Evidence Handbook.
      2. Officers inventorying biological evidence containing DNA shall clearly note this information within the property section of the UW-Platteville Police Department records management system.
      3. All biological evidence shall be temporarily placed in the temporary evidence locker for drying or contact an Evidence Custodian if the evidence needs to be refrigerated/frozen.
      4. An email will be sent to the Evidence Custodian anytime evidence is placed in a temporary evidence locker and the officer shall write the incident number, date, and time, on the evidence locker whiteboard.
      5. If the biological evidence requires refrigeration or freezing, the Evidence Custodian, upon email receipt, will be responsible for promptly transferring the evidence to the refrigerator/freezer located in the evidence room
      6. If the biological evidence requires drying, it is the responsibility of the investigating officer to check on its progress.
    6. Sexual Offenses
      1. If the possibility exists to collect physical evidence from the victim, the victim should be taken to Southwest Health Center Emergency Room, located at 1400 Eastside Rd. Platteville, WI 53818, for a SANE examination.
      2. The investigating officer should accompany the victim to the emergency room to photograph possible injuries and to receive items of evidence recovered from the attending physician.
      3. Officers should contact the Wisconsin Crime Lab at 1-715-845-8626 if there are any questions concerning the proper handling and inventory of evidence.
      4. Refer to the Policy “Sexual Assault Investigations” for further information.
    7. Motor Vehicles
      1. Vehicles may be processed at the scene if removal of the vehicle to another location might compromise the integrity of the evidence. Otherwise, all vehicles seized as evidence shall be towed to the City of Platteville Police Department Impound Lot for processing and secure storage.
      2. Vehicles will be inventoried and that inventory will be documented in the officer’s incident report. The tow bill shall be attached to the incident as well.
      3. All vehicles are subject to an inventory search. An inventory search is an administrative measure designed to protect motor vehicles and their contents while in police custody; to protect the Department against claims of lost, stolen or damaged property.
      4. An inventory search also protects Department personnel and the public against injury or damaged property due to hazardous materials or substances that may be in the vehicle. Officers are to document in the incident report that an inventory search was completed.
    8. Abandoned Property/Safekeeping
      1. Any property that has been found, abandoned, or seized for safekeeping shall be inventoried.
      2. The reporting officer shall make a determined effort to notify the property owner and shall document those efforts in the incident report.
    9. Currency/Precious Stones & Metals
      1. All currency, precious stones and precious metals will be packaged separately from other items listed within the property section of the UW-Platteville Police Department records management system.
      2. Currency shall be counted twice in the presence of another officer. Denominations shall be noted within the property section of the UW-Platteville Police Department records management system.
      3. Precious stones and metals shall be described in detail within the property section of the UW-Platteville Police Department records management system, but officers should refrain from exacting descriptions unless verified by a gemologist.
    10. Hazardous Materials
      1. All explosives, flammable liquids, flammable solids, gases which are flammable, poisonous, or corrosive, and any other hazardous material will not be inventoried unless made safe by a qualified person. A detailed list within the property section of the UW-Platteville Police Department records management system Inventory report will be completed and the items properly disposed of. If such materials are made safe, they may be stored in the Hazmat section of the Facilities building.
      2. Hazardous materials required as evidence, whereas if made safe would damage a criminal case, shall be packaged and inventoried under the direction of the State Crime Lab.
    11. Alcohol & Other Perishable Items
      1. Opened containers of alcohol shall not normally be kept in inventory. If needed as evidence, items should be inventoried, photographed and disposed of. For felony criminal cases the empty containers should be inventoried.
      2. Perishable items may be inventoried, photographed and turned over to the owner. If the owner cannot be determined or located, the officer may dispose of these items.
    12. Bicycles, Mopeds & Other Large Items
      1. All bicycles, mopeds, and other large items seized by the Department shall be inventoried and secured in a University approved storage area. Property tags shall be attached to all items. Items shall be secured and shall not be released without the approval of a supervisor.
    13. Prisoner's Property
      1. When a prisoner is released from custody, released to another agency, or transported to the Grant County Jail as a safe keeper, the prisoner's property shall accompany the prisoner. A prisoner's property will not be inventoried unless it is of evidentiary value or upon approval of a supervisor.
    14. Departmental Property
      1. The Chief of Police shall assume the responsibility and accountability for all Department owned property. Department personnel are responsible for Department owned property assigned or under their control.
      2. Department personnel are not to intentionally misuse, damage or destroy any Department owned property.
  6. Secure Facilities
    1. The Evidence Custodian shall maintain an area of evidence storage lockers near the Evidence Room. Though such lockers are intended for the temporary secure storage of items that have evidentiary value, such lockers may also be used to secure property of a sensitive, delicate, or valuable nature, until the Evidence Custodians can re-locate such items. The Evidence Custodian shall periodically examine the contents of all lockers and attempt to maintain the majority of the lockers in an open and available condition, in order to make this resource available to members of the Department during hours of his/her absence.
  7. Property and Evidence Storage
    1. All property and evidence either acquired or seized by this Department, shall be stored in a secure and designated area. If material is determined to be evidence and the authorized personnel necessary to gain entry to the Evidence Room are not available, the item(s) should be secured in an temporary evidence storage lockers near the Evidence Room.
    2. In the absence of the Evidence Custodian, the door to the Evidence Room shall be closed and locked upon the departure of the Evidence Custodian
    3. Certain items of property including high value, sensitive, and/or high-risk property require enhanced security, such as money, jewelry, firearms, and drugs. Enhanced security for these items includes but is not limited to, additional physical barriers inside a secure Evidence Room. These may be locked cabinets, a gun safe, or any other space that can be locked and is separate from all other property. Long weapons shall be stored within the Evidence Room so as to stabilize their position and prevent damage. Jewelry, money, and drugs are to be secured within the secured lockable lockers located within the Evidence Room, and these items are accessible only by authorized personnel.
  8. Authorized Personnel
    1. In order to maintain accountable security for the property and evidence in possession of the UW-Platteville Police Department, the following individuals have been entrusted with access to all areas of both property and evidence:
      1. Evidence Custodians
      2. Police Sergeant (Evidence Custodian Supervisor)
    2. Upon any personnel changes to these positions, the keys to the Evidence Room door shall be turned in to the Police Sergeant/Evidence Custodian Supervisor.
    3. Access to areas of property storage only, such as the bicycle storage and impound facilities, shall be enjoyed by all sworn members of the Department.
    4. Anytime authorized personnel enter into the Evidence Room, he/she will indicate date, time, case #, and reason for entry on the Evidence Room Entry Log.
  9. Disposition of Property

In general, all items not of evidentiary value or considered as contraband shall be held for a minimum of sixty (60) days prior to disposal, unless the items can be returned to the lawful owner.  Items that cannot be returned to the lawful owner within that time period may be disposed of by an Evidence Custodian, through donation to the Pioneer Restore or other methods determined by the Chief of Police.

  1. Items of evidence may be disposed of after completion of all relevant court proceedings, including the appeals process, or upon a court order.  The District Attorney requests that the UW-Platteville Police Department contact him/her for approval before returning, donating, or destroying any evidence involved any court proceeding.
    1. The Evidence Custodian shall make a reasonable effort to return the property to its lawful owner if such property can be legally possessed.
    2. Items of evidence which are returnable, but for which no lawful owner can be determined or located, shall be held for sixty (60) days at which time it may be disposed of by the Evidence Custodian through donation or other methods determined by the Chief of Police.
  2. There are special requirements for preserving and destroying biological evidence containing DNA.
    1. Any biological material, or physical evidence that contains biological material, collected in connection with a criminal investigation that leads to a conviction, delinquency adjudication, commitment, or a finding of not guilty by reason of insanity, pursuant to Wis. Stat. §968.205, requires preservation of this evidence until the discharge date of every person convicted.
      1. This includes ALL biological material and physical evidence containing biological material collected, not just that evidence relied upon for charging or used at trial for conviction. This includes elimination samples and unidentified samples.
      2. The discharge date on a conviction is the date in which the person or persons convicted have reached not only the end of incarceration, but also any probation or parole commitments, extended supervision, or juvenile dispositional orders, even if there was no institutional placement.
      3. The requirements set forth under Wis. Stat. §968 are not just prospective. The duty to preserve evidence collected within the scope of the statute extends to evidence collected before the statute was enacted, if it was in the possession of the custodial agency on or before the effective date of September 1, 2001.
  3. Illegal or contraband property shall be destroyed by the Evidence Custodian, with the exception of fireworks, alcohol, and tobacco products confiscated, in non-criminal/no citation incidents. These items may be destroyed by the investigating officer on scene, if and when possible.
  4. Firearms and ammunition.
    1. Firearms and ammunition seized pursuant to a warrant or civil or criminal action shall only be released upon a court order. (Wis. Stat. §968.20)
      1. Effective 02/16/2016, Wis. Stat. §968.20(1m)(d) requires that if a person claims the right of possession of a seized firearm that has not been returned, the court must follow specific guidelines as referenced in statute language.
    2. In all other cases involving firearms and ammunition the Evidence Custodian shall make a reasonable effort to notify the lawful owner that he/she may apply for the return of the property by contacting the UW-Platteville Police Department within sixty (60) days of notice and providing sufficient proof of ownership.
    3. Firearms and ammunition not released pursuant to a court order or returned to the lawful owner within sixty (60) days of notification shall be transferred to the State Crime Lab for disposal, or a petition to the court for an order to use within the department, if desirable.
  1. Lost, abandoned, or recovered property
    1. Provisions of Wis. Stats. §170.07 through §170.11 shall govern the disposition of lost property as noted below.
      1. The recovering officer shall make a determined effort to locate and notify the owner of any lost, found, or recovered property.
      2. Any property not claimed within sixty (60) days of notification may be disposed of by the Evidence Custodian through donation or other methods determined by the Chief of Police.
      3. The Evidence Custodian shall be alert for any property surrendered to this Department by a citizen that has expressed a desire to retain this property if unclaimed.
      4. Property requested by the finder if ownership cannot be established, shall be conspicuously marked as such and retained for a period of sixty (60) days, after which the original complainant shall be contacted. If the original complainant cannot be located or relinquishes interest in this property, the Evidence Officer shall dispose of it in the best interests of the UW-Platteville Police Department.
  2. No Department employee shall keep for his or her own use property found in the course of duty or take possession of property during off-duty hours when the discovery was made while on duty. Employees are prohibited from storing property in their personal desks, lockers, vehicles, homes, or other places that are not secure or would interrupt the chain of custody.
  3. Every month, the Evidence Custodian and Administrative Assistant shall inspect the “Lost and Found” drawer and mark property that may be disposed of by donation or other methods and submit said list to the Chief of Police upon request.
  4. At least annually, the Evidence Custodian and designee shall conduct a purge of property located in the evidence room and mark any property that may be disposed of by donation or other methods and submit said list to the Chief of Police upon request.  Any property involved in any court proceedings should follow the directive found in letter “I” subsection “a” of this policy.
  5. Release of property to the public shall be performed primarily by the Evidence Custodian for any items located in the Evidence Room or the Administrative Assistant for any property located in the “Lost and Found” drawer.
  6. When property is released, the transfer shall be documented, by having the property owner sign his/her name to the “Return of Property” form that can be printed from the property section of the UW-Platteville Police Department records management system for that incident.  The claimant’s receipt shall be scanned and uploaded into the incident within the records management system.
  7. Evidence Custodian Responsibilities

The Evidence Custodian shall be an officer(s) designated by the Chief of Police. The Evidence Custodian shall be responsible for the property management function, which includes the official inventorying, custody, security, storage, record keeping and disposition of evidence and property.

  1. Duties of the Evidence Custodian include:
    1. The management and security of the Evidence Room.
    2. To ensure the safekeeping, accurate recording and proper disposition of evidence and all lost, abandoned, recovered and unclaimed property.
    3. The maintenance of property control reports and files in a complete and efficient manner of all property/evidence and their status under the control of the Department.
    4. To return, or caused to be returned property that may be released to its owner.
    5. The disposal or destruction of property upon direction of the Chief of Police, criminal courts, or as prescribed by statute.
    6. The processing and routing of evidence for appropriate testing and analysis as required.
    7. Any other duties related to the property control function as designated by the Chief of Police.
  2. The Evidence Custodian maintains the right to refuse to accept any property which is not properly marked, packaged or documented, and the right to refuse to release any property for which release has not been properly authorized.
  3. Access to the Evidence Room is restricted to the Evidence Custodian, Evidence Custodian Supervisor, and other personnel authorized by the Chief of Police.
  1. Inspections
    1. On a semi-annual basis, the Evidence Custodian Supervisor shall conduct an inspection to determine agency compliance with Policy & Procedure pertaining to evidence and property management and control procedures. (11.2.6.1)
    2. An annual audit of the Evidence Room shall be conducted by the Chief or his/her designee and the Evidence Custodian. The annual audit should be a random sampling of property to satisfy the supervisor that policy and procedures are being followed; however, this audit should consist mainly of high-risk items, e.g., money, drugs, jewelry, and firearms.  To ensure the integrity of the system and accountability for all property and evidence, the audit should incorporate a one-tailed test of statistical significance to test accuracy within a 95% degree of confidence and a +/- error rate of 4%. (11.2.6.2)
    3. Random, unannounced inspections of property storage areas will be conducted as directed by the Chief of Police, but not less than one inspection annually. (11.2.6.3)
    4. Whenever there is a change in personnel for the Evidence Custodian position, the new Evidence Custodian and a designee of the Chief of Police shall conduct an inventory audit. The audit should be sufficient to ensure the integrity of the system and the accountability of the property. (11.2.6.4)
    5. For the purposes of this policy, inspection means, to examine the property/evidence function for the purpose of determining whether policies and procedures are being followed. An inspection can include tracing a few items of property/evidence to verify they are stored in the proper location. An audit refers the selection of a random sample of items of property/evidence to determine whether they can be properly accounted for. This process enables the auditor to draw conclusions about the integrity of the entire inventory of property/evidence. An inventory means a complete listing or record of every item of property/evidence the agency has in its custody or every item within a particular category, such as high-risk items.
    6. An incident will be created in the UW-Platteville Police Department ‘s record management system, using the category Property and description Inspection) with results of all inspections and audits, and are to be forwarded to the Chief of Police. 
    7. The Evidence Custodian shall make every effort to insure that property stored by this Department is packaged, labeled, and retained in a uniform manner and that any changes or improvements in the management of property and evidence control shall be communicated throughout this Department to all sworn and applicable civilian personnel.
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