The collection, preservation, and storage of evidence and
property by police officers requires strict adherence to uniform
and proper procedures. The Honolulu Police Department (HPD)
shall follow this policy to ensure that evidence is properly
handled, documented, and preserved to prevent contamination
and/ or inadmissibility in court. This policy will also ensure
that property is disposed of in an appropriate and timely manner
once it is no longer of use to law enforcement .
DEFINITIONS
A. Biohazard material: Anything that includes (but is
not limited to) blood, body parts / tissues, hair
samples, etc.
B. Computer equipment: Any device designed to
interface with a computer or input, output, or
process or store electronic information. Examples
include (but are not limited to) central processing
units, drives (internal and external ) , personal data
ass istants, and storage media (e.g., floppy disks,
compact discs, and memory sticks/cards) .
C. Controlled substance: Any dangerous, harmful, or
detrimenta l drug.
D. Currency: u.S. currency or any foreign currency
that has value. The term does not inc l ude
counterfeit money .
E. Departmental depository: The Records and
Identification Division’s Evidence Room (to include
its supplementary storage areas) .
F. Hazardous material: A substance that, because of
its physical or chemical properties, can cause an
unreasonable risk to the health and safety of
individuals, property, and/or the environment. The
HPD recognizes the United Nations’ nine classes of
hazardous materials . These include, but are not
limited to, the following:
1. Explosives;
2. Gases (compressed, liquefied, or dissolved
under pressure) ;
3. Flammable liquids;
4. Flammable solids or substances;
5. Oxidizing substances;
6. Poisonous substances;
7. Radioactive substances;
8. Corrosive substances; and
9. Miscellaneous dangerous substances .
G. Professional Standards Office (PSO) depository: The
PSO.
H. Inv estigator : Any HPD police officer in charge of
or assisting in an investigation.
I. Motor vehicle: Any vehicle that is self propelled or is propelled by electric power but not operated on rails, including mopeds. The term excludes motorized assistive devices (e.g., motorized wheelchairs) and toy devices.
J. Narcotics/Vice Div ision depository: The
Narcotics/Vice Division vault at the Alapai
headquarters.
K. Property:
1. Evi dence : Anything reta i ned by the department
because of its relevance to an actual or
potent i al violation of law that may tend to
prove or disprove the commission of a crime or
the identity of the suspect; or anything
designated as evidence for the purposes of
report i ng and handling.
2. Found property: Anything of no evidentiary
value that is found and turned in or taken into
custody by the department.
L. Scientific Investigation Section (SIS) depository:
SIS evidence storage areas at the Alapai
headquarters.
M. Evidence recovered by a
departmental employee, which is placed in a
container and sealed by departmental, tamper-indicating evidence security tape. The tape on the
container shall bear the signature of the employee
sealing the container and the sealed date.
N. Serious crimes:
1. Felonies such as murder, rape, robbery, and
others that may arouse great public concern;
and
2. All death cases except motor vehicle collision
fatalities and attended deaths .
PREPARATION OF PROPERTY REPORT , HPD-1 92A FORM
A. The Property Report, HPD-192A form, shall be
prepared by each employee who accepts, recovers, or seizes property; the report shall describe the
factors and circumstances by which the property was obtained and itemize each piece of property.
1. Currency, jewelry, drugs, and guns require
separate property reports.
2. The Continuation Report, HPD-192B form, shall
be used to record additional information.
3. Each property report shall bear the legibl e
names, identif i cation numbers, and s i gnatures
of the preparer and the supervisor who is
authorized to approve reports.
B. The chain of custody section of the report shal l be
completed correctly to ensure preservation of the
chain of custody and accountability in the transfer
of property and reports.
1. The first box in the chain of custody section
shall bear a legible printed name,
identification number, and legal signature of
the employee who accepts, recovers, or seizes
the property.
2 . The original and each copy of the report shall
bear the legible printed name, identification
number, and legal signature of each person who
releases or accepts possession of the property.
C. The description section of the property report shall
be completed correctly to avoid any confusion . The
following boxes shall bear the correct information
for each item accepted, recovered, or seized:
1. Item column;
2. Status column (e.g., ST
or EV = evi dence );
stolen , LS lost ,
3 . Serial Number/ Other Identification column;
4. Description column . List the exact number of
items in the description (e.g. , ten
orange – colored plastic bags) . Do not use
words such as “numerous,” “several,” or
“many.”
Use generic descriptors when describing items
the authenticity of which is unknown,
especially jewelry items (e.g., “yellow metal”
instead of “gold,” “green stone” instead of
“emerald,” or “clear stone” instead of
“diamond”) ;
5. NCIC column;
6. Quantity column; and
7. Value column.
D. Property reports shall be prepared and distributed
as follows:
1. The original and two copies shall accompany the
property to the Evidence Room;
2. One copy shall be sent to the Records and
Identification Division; and
3. The employee who delivers the property to the
depository shall file one copy with the
division responsible for investigation of the
case (e.g., drug cases go to the Narcotics/Vice
Division) .
E . If found property is returned to the owner, no
property report is needed. However, a Property
Receipt, HPD – 83 form, must be completed reflecting
the owner’s acceptance of the property.
F. The receiving evidence custodian shall immediately
notify the delivering employee of any discrepancies
on the accompanying evidence reports or sealed
containers. Evidence custodians have the right to
refuse the acceptance of any evidence if the
property report is not completed correctly.
PREPARATION OF PROPERTY RECEIPT, HPD-83 FORM
A. The Property Receipt, HPD – 83 form, shall be used to
record the receipt of found property turned in to
the department.
1. The officer receiving the found property shall
complete the receipt, to include:
a. Marking the proper box at the upper l eft
to indicate the status of the person
turning in the property; and
b. Signing the form at the bottom.
2. The original property receipt shall be sent to
the Records and Identification Division.
B. Special notations are required on property receipts
used to record the receipt of firearms that are
voluntarily turned in to the department. See
section XV C below.
MARKING OF PROPERTY FOR IDENTIFICATION
A. Each item of property recovered or seized shall be
marked, labeled, tagged, or placed in a container
with the following information:
1. Report number;
2 . Item number (on property report);
3. Classification of case;
4. Name or initials and identification number of
employee who recovers or seizes the property;
and
5 . Time and date of recovery or seizure.
Example: 01-123456
Item #1
Burglary 1st
Off. J . Doe ID# 543210
1/1/01 0700 hours
B. Extreme care shall be exercised in placing
identifying marks on property to prevent
disfiguring, damaging, destroying, altering, or
changing its appearance in such a way as to affect
its value, structure, quality, character, or
evidentiary nature.
RECOVERY OF EVIDENCE
A. The officer in charge of the investigation is
responsible for ensuring the recovery of evidence at
or away from a crime scene.
B. Officers should use reasonable precautions for both
personal safety and evidence preservation when
recovering evidence .
1 . Use caution when recovering any item as
evidence. Assess the situation and type of
evidence to be recovered and handle it
accordingly. For example, the officer
recovering a check in a forgery case should
handle the check very carefully to preserve any
fingerprints.
2. Wear disposable gloves, particle masks, and eye
protection when handling questionable materials
or their containers, which may be dangerous.
3 . When lifting or moving heavy objects, ask for
assistance and use proper lifting techniques
(e.g., bendi ng the legs and not the torso).
C. When it is determined that the Criminal
Investigation Division (CID) will send a detective
to a crime scene, no evidence shall be recovered
prior to the detective’s arrival unless absolute ly
necessary (e .g., to prevent harm to persons or
property or the destruction of the evidence) .
D. If the significance of the case warrants it, the
assigned detective or field supervisor may request
the services of the evidence specialists to recover
evidence. In such cases, the officer in charge of
the investigation or a designee shall stand by and
protect the evidence until the specialists compl ete
their work at the scene.
1. In a serious crime, the responsibilities o f the
evidence specialists inc lude searching for and
recovering evidence, taking photographs,
searching for and recovering latent prints,
sketching, taking measurements, and other
related duties as may be determined by the
assigned detective or field supervisor.
2. In cases that do not involve serious crimes,
the responsibilities of the evidence
specialists are limited to those activities
that require special equipment and expertise
(e.g., taking photographs, casting tire tracks
and footprints, recovering blood, paraffin
casting, and the like).
E. Perishable items such as food should only be
recovered as evidence when absolutely necessary.
F. Hazardous material, biohazard material, firearms,
currency, jewelry, controlled substances, alcoholic
beverages, photographs, and certain types of
articles require special handling. Refer to section
xv fo r further instructions.
G. Computer Equipment
1. The recovery of computer equipment should
include all related peripheral and supporting
items for the unit or system, such as monitors,
keyboards, printers, external drives, cables,
software, and manuals.
2. The Inf ormation Technology Divis i on (lTD) l S
primari ly responsible for examini ng recovered
compute r equipment for the foren s ic search and
extraction of electronic information.
Therefor e, the lTD shall be contacted to
perform any such forensic analyses of recovered
computer equipment.
3 . Requests for an on-site, forens i c examinat i on
of computer equipment should be made in advance
to the lTD . Such on-site examinations inc l ude
assessing the best course of action to shut
down and disconnect computer systems to
minimize the loss of information.
4. All requests for forensic examinations of
computer equipment shall include the relevant
facts and circumstances of the case. In
addition , on-site requests shall i nclude a copy
of the search warrant.
SUPPLIES
A. Property-related HPD forms shal l be l ocated at the
arsenal and/ or report writing room of the Alapai
headquarters. District stations and substations
shall be responsible for having forms available for
HPD personnel.
B. Packaging supplies and tamper-indicating tape shall
be located at the arsenal and/or Evidence Room of
the Al apa i headquarters. District stations and
substations shall be responsible for having a supply
of packaging materials and tamper-indicating tape
available for HPD personnel.
GENERAL PACKAGING OF EVIDENCE
A. When considering which type of packaging to use,
keep in mind all of the purposes the packages serve.
1. Keeping the evidence as close to its original
condition as possible.
2. Preventing the inadvertent loss of evidence
(e.g., falling out of a package) by properly
securing all containers.
3. Preventing contamination of evidence.
4. Preserving the individual identity of evidence
for court presentation.
B. The following packaging guidelines shall be adhered
to as closely as possible. The type of packaging
used should be appropriate for the type of evidence
to be preserved. Items should be placed into the
smallest possible containers that will accommodate
the evidence. Containers shall not be left open or
unsecured but shall be sealed and secured to guard
against the loss of evidence.
1. Bulky or oversized evidence does not have to be
sealed with tamper-indicating tape. Some large
items require only a property or item tag.
Always use string to attach a paper tag. Never
use a rubber band.
2. Liquids should be stored in clean, sealable
glass vials, glass jars, or original
containers.
3. Numerous small articles of evidence connected
to the same case may be placed in a larger
piece of evidence (e.g., backpack turned in as
found property is item #1; items in backpack
are listed as individual items #2 through #20
and placed in item #1) .
4. Whenever possible, items to be sent for
laboratory analysis should be packaged
separately from items not needing analysis.
5. Normally an evidence specialist would recover
trace evidence; however, there will be times
when an officer will be required to recover
trace evidence. If the officer locates trace
evidence (e.g., hair samples, fibers, powders,
paint chips, soil, etc.), the items should be
packaged in small, clean, blank paper bindles
before being placed into any other bag or
envelope.
a. Several secured paper bindles may be
placed in one envelope or bag as long as
each item is properly marked.
b. Avoid using plastic bags or containers for
this type of evidence.
6. Wet evidence should be dried before packaging
and being submitted into evidence. If the
officer is unable to dry the item, the officer
shall inform the evidence custodian of this
fact. If the wet item is placed into an
evidence locker, a note explaining the
condition of the evidence shall be attached to
the package.
7. Small pieces of evidence should be placed in
bags or envelopes of appropriate size and
marked appropriately. Plastic, resealable bags
should not be stapled.
8. Dry clothing, bedding, shoes, etc., of
evidentiary value should be wrapped separately
in paper bags to avoid cross-contamination.
Each bundle should be sealed and tagged.
9. Knives, ice picks, and other sharp objects
should be wrapped in cardboard-type material,
taped for safety in handling, and placed in an
appropriate bag, envelope, etc.
10. Documents to be submitted as evidence should be
duplicated. The originals should be placed in
a bag or envelope of appropriate size and
submitted. A copy shall be included with the
original report.
C. Hazardous material, biohazard material, firearms,
currency, jewelry, controlled substances, alcoholic
beverages, photographs, and certain types of
articles require special packaging. Refer to
section XV for further instructions .
D. All evidence containers (envelopes, boxes, plastic bags, cloth bags, paper bags, etc.) shall be sealed with departmental, tamper-indicating tape. The face of the tape on the container shall bear the employee’s signature and sealed date.
1. Seal envelopes by applying the tape across the
open-end flap to secure them.
2. Seal flaps of boxes with the tape after folding
the flaps closed.
3. Seal plastic bags by folding over the open end
and sealing the flap with the tape.
4. Seal cloth bags with zippers by closing the
zipper and applying the tape across the
zipper’s tail to prevent the bag from being
unzippered.
5. Seal paper bags by folding over the open end
flap and sealing them with the tape.
6. Seal jars, plastic containers, or cans with
lids by applying the tape across the top and
along the side to prevent the cover from being
opened .
7. Seal any other containers by applying the tape
to prohibit entry into the container without
disturbing the tape.
E. Evidence custodians have the right to refuse any
evidence if it is not packaged or sealed properly.
However, the evidence custodian shal l assist the
officer in repackaging and sealing the items.
CUSTODY AND TRANSMITTAL OF EVIDENCE
A. General
1. The officer or employee who seizes or recovers
evidence shall initiate the chain of custody
and deliver the evidence to a depository as
soon as possible. However, evidence may be
transferred to another employee for
investigative needs or for delivery to a
depository from a regional patrol district
station, as long as the chain of custody is
maintained .
Regional patrol district stations are
responsible for maintaining a secured area for
the storage of evidence prior to transfer of
property to a departmental depository.
2. IN NO CASE SHALL AN OFFICER OR EMPLOYEE WHO
SEIZES OR RECOVERS EVIDENCE RETAIN POSSESSION
OF IT BEYOND THE END OF THE DUTY TOUR IN WHICH
POSSESSION BEGAN. EVIDENCE SHALL BE TAKEN TO
THE DEPARTMENTAL DEPOSITORY OR, WHEN
APPROPRIATE, TO THE NARCOTI CS / VICE DIVISION,
SCIENTIFIC INVESTIGATION SECTION, OR PSO
DEPOSITORY.
Certain time restrictions may apply if evidence
is submitted to a depository other than the
departmental depository. In such situations,
property shall be submitted according to
procedures established in the manual of
operations o f the element responsible for the
depository.
3 . Each officer and employee who transfers custody
of evidence to another shall ensure that the
recipient physically takes possession of the
property and that each item is accounted for.
4. Each regional patrol district stations’ desk
sergeant shall be responsible for ensuring that
all evidence turned in to the district
depository during the previous patrol watch is
transferred to the Evidence Room at the Alapai
headquarters during his or her watch.
If evidence must be held for investigative
purposes beyond the responsible watch, the desk
sergeant shall ensure that the evidence is
transferred to the Evidence Room within
24 hours of it being submitted to his or her
custody.
5. Each regional patrol district stations’ desk
sergeant shall be responsible for having all
evidence, mopeds, and bicycles taken to the
Evidence Room on a daily basis.
B. Latent Prints
1. Latent prints recovered as evidence shall be
placed in a Fingerprint Lifting Card Envelope,
HPD-46R form. The envelope shall be properly
signed by each employee who takes possession of
it to ensure preservation of the chain o f
custody and accountability in transmittal of
the prints.
In the event of lifting a very large latent
print, where a blank white 81/2″ x 11″ sheet of
paper is used in place of many latent cards,
the officer shall ensure that all pertinent
information is placed on the sheet. The
officer shall place the entire sheet into a
manila envelope of the same size and ensure
that all information required by the
fingerprint lifting card envelope is also
recorded on the manila envelope, including the
chain of custody.
2. Patrol officers shall fill out the latent print
envelopes in accordance with established
district procedures and deposit them in the
locked latent print boxes at their stations.
a. A sergeant or authorized supervisor shall
serve as witness and countersign the
latent print box receipt log for each
deposit.
b. If the latent print box becomes too full
and/or latent envelopes cannot fit into the
box, it shall be the responsibility of the
sergeant or authorized supervisor to ensure
the security of submitted latents.
c. All latent prints / print boxes shall be
submitted to the Identification Section,
Records and Identification Division, by a
sergeant or his or her designee.
Identification Section personnel shall
open the latent print boxes and check
their contents.
d. Any discrepancies between the contents of
a box and accompanying latent box receipt
log shall be brought to the immediate
attention of the submitting sergeant or
designee.
C. Digital Photography
1. Photographs for a police incident shall be
uploaded to the Case Report System (CRS) as an
attachment to the police report.
2. Handling of the Digital File
a. If a photograph is enhanced for
investigative or demonstrative purposes,
the enhancements shall be applied to a
copy of the original digital file. The
investigator shall document the type of
enhancements applied to the original
photograph in the police report.
b. If a photograph is enhanced, the enhanced
photograph shall be saved and uploaded as
a separate file with a different file name
from the original. Files shall be named
as in the following examples:
DSC12345.jpg (original file name)
DSC12345El.jpg (first enhancement)
DSC12345E2.jpg (second enhancement)
3. Printed Image
Officers or employees attaching prints of
digital photographs with the police report
shall ensure that a print o f the original,
unenhanced image accompanies any print of an
enhanced image.
The investigator shall document the type of
enhancements applied to the original photograph
in the police report.
a. Officers or employees submitting prints of
digital photographs into evidence for
criminal and noncriminal cases shall mark
on the rear of all prints for
identification. See section IV above for
marking procedures.
b. Prints of digital photographs that have
been enhanced (e.g. , cropping and
adjustments to brightness and/or contrast)
shall be so marked on the rear of the
printed image.
A print of the original, unenhanced
digital photograph shall also be
submitted.
CUSTODY AND TRANSMITTAL OF FOUND PROPERTY
A. All found property shall be turned in to a
depository as soon as possible.
1. Regional patrol district stations are
responsible for maintaining a secured area for
the storage of found property awaiting transfer
to the departmental depository.
2 . Each regional patrol district station’s desk
sergeant shall be responsible for ensuring that
all found property turned in to the district
depository during the previous patrol watch is
transferred to the Evidence Room at the Alapai
headquarters during his or her watch.
If property must be held beyond the responsible
watch, the desk sergeant shall ensure that the
found property is transferred to the Evidence
Room within 24 hours of being submitted to his
or her custody.
3. Each regional patrol district station’s desk sergeant will be responsible for ensuring that all found property, including bicycles, is transferred to the Evidence Room daily.
B. IN NO CASE SHALL AN OFFICER OR EMPLOYEE RETAIN
POSSESSION OF FOUND PROPERTY BEYOND THE END OF THE
TOUR OF DUTY IN WHICH POSSESSION BEGAN. EVIDENCE
SHALL BE TAKEN TO THE DEPARTMENTAL DEPOSITORY.
C. Each officer and employee who transfers custody of
found property to another shall ensure that the
recipient physically takes possession of the
property and that each item is accounted for.
D. The following shall not be turned in as found
property:
1 . Controlled substances, firearms, and motor
vehicles shall be handled as outlined in
section xv below; and
2. In cases where no controlled substances are
located with drug paraphernalia, the officer
shall apprise the Narcotics/Vice Division and
submit the paraphernalia as evidence under a
miscellaneous public case with disposition
“closed, submitted for destruction.”
E. All found property shall be secured in the Evidence
Room .
F. When found property must be reclassified as
evidence, the investigator shall prepare a follow-up
report with the notation “Hold Notice” at the top of
the page. The report shall be submitted to the
Records and Identification Division with a copy
routed to the Evidence Room.
MISCELLANEOUS PUBLIC CASES
A. Property shall be handled as evidence in a
miscellaneous public case and turned in under an
Incident Report, HPD-192 form, when:
1. It is recovered during an investigation to
which the property is unrelated; and
2. The recovering officer has reason to suspect
that the property may be related to a violation
of law; or
3. Directed by an immediate supervisor or
detective.
B. Such cases shall be handled by the proper
investigative elements. The officer handling the
miscellaneous public case shall apprise the proper
investigative element of the facts and circumstances
of the case and note the assigned investigator’s
name, if known, in the comments box of the property
report before SUbmitting the evidence.
c. The investigative element shall assign an
investigator to the miscellaneous public case who
will be responsible for the disposition of recovered
items. The investigator shall take no longer than
two years to dispose of items recovered in a
miscellaneous public case.
DEPARTMENTAL DEPOSITORY
A. All property shall be stored in the Evidence Room
proper or one of its supplementary storage areas .
Bulky items or large quantities of evidence require
a different type of storage. An officer requiring
storage for bulky items and/or large quantities of
evidence should apprise the Evidence Room prior to
bringing the items in order to expedite the
submittal process .
1. When oversized or large quantities of evidence
are recovered, the officer may be required to
transport the property to an outer warehouse
depository. Examples are:
a. Items taken in a search warrant or a sting
operation when the volume of items cannot
be stored at the Alapai headquarters; and
b. Gambling machines, large television sets,
vehicles, etc.
2. When an officer takes property to an outer
warehouse depository, all documents for the
evidence/property must be filled out when the
property is turned over to the Evidence Room
personnel .
3 . Where evidence is received shall be determined
by the sergeant in charge of the Evidence Unit
or the designated supervisor.
4. Evidence Unit personnel will not sign for
evidence or property at the Alapai headquarters
if there is no room to house the item (s).
B. Items Being Held Pending a Search Warrant
1. Search warrants should be obtained within
48 hours of items being placed into the
temporary evidence storage lockers.
5. If a search warrant cannot be obtained within
48 hours of items being placed into the
temporary evidence storage lockers, the
assigned investigator shall provide the
Evidence Room with a time frame in which a
search warrant will be obtained.
6. If the search warrant is not obtained within
14 calendar days after items were placed in the
temporary evidence storage lockers, a notice
will be sent to the commander of the
responsible investigator for further action.
7. If the search warrant is not approved, it shall
be the responsibility of the assigned
investigator to properly dispose of or return
the items being held.
8. After the search warrant is executed and only
certain items are submitted into evidence, i t
shall be the responsibility of the assigned
investigator to properly dispose of the
nonsubmitted items .
9. A separate area in the temporary evidence
storage locker room will be designated for
items awaiting the obtaining of a search
warrant.
c. All property shall be stored in an orderly and
systematic manner so as to be readily identifiable
and accessible.
D. An exception may be made in a situation that requires
property to be retained in another designated
evidence depository (e.g., Narcotics/Vice Division or
SIS). In such situations, property shall be retained
according to the procedures established in the manual
of operations of the element responsible for the
depository.
ALAPAI HEADQUARTERS’ TEMPORARY EVIDENCE LOCKERS AND
BICYCLE/MOPED PADLOCK
A. Counter service is available for HPD personnel from 0630 to 2300 hours, Monday to Friday (including holidays) and from 0630 to 0030 hours on Saturday and Sunday.
B. Use of the Temporary Evidence Lockers on Level B-2
1. HPD personnel shall use the evidence lockers
located on level B-2 from 2300 to 0630 hours,
Monday to Friday and from 1500 to 0630 hours on
Saturday and Sunday.
2. HPD personnel submitting evidence into the
lockers shall request Records and
Identification Division personnel to disarm the
alarm prior to entering the room and to arm the
alarm when the room is secured. HPD personnel
shall then sign out for the temporary evidence
locker room key from the Records and
Identification Division personnel.
3. HPD personnel submitting evidence into the
lockers shall ensure that all items are properly
marked, labeled, and packaged. The officer
shall indicate the locker number on the chain of
custody section of the property report.
4. HPD personnel submitting evidence into the
lockers shall ensure that all property reports
are complete and correct.
5. HPD personnel may submit multiple items in one
locker as long as it is submitted by the same
officer. The items can be from different cases.
6. Once the evidence is submitted into the lockers,
the key shall be returned to the Records and
Identification Division.
7. If these guidelines are not followed, the items
placed into the lockers will not be accepted by
the evidence custodian, and the officer who
submitted the items will need to resubmit them.
C. Use of the Temporary Bicycle/Moped Padlock
1. HPD personnel shall do the following:
a. Use the bicycle/moped padlock located on
parking Level B-2, near the rear rollup
door of the Evidence Room from 2300 to
0630 hours, Monday to Friday and from 1500
to 0630 hours on Saturday and Sunday;
b. Sign out for the bicycle/moped padlock key
from the Records and Identification
Division; and
c. Ensure that all items are properly marked,
labeled, and tagged, and the property
reports are completed. The officer shall
indicate the bicycle/moped padlock on the
chain of custody section of the property
report.
The completed property reports shall be
placed in the locked mailbox mounted on the
wall.
2. Once the bicycle/moped is attached to the
bicycle/moped padlock, the key shall be returned
to the Records and Identification Division.
When there is limited staffing in the Evidence Room
(third watch, weekends, and holidays) and there is an
urgent need to submit a large amount of evidence or
to view or withdraw evidence, the requesting person
shall make prior notification to the Evidence Room so
sufficient personnel can be available to assist.
WITHDRAWAL OF PROPERTY FROM EVIDENCE ROOM
A. For Investigative Purposes
1. Evidence may only be withdrawn for investigative purposes by officers or employees of the HPD. The investigator(s) shall be instructed that the container is to be opened in an area of the container without the tamper-indicating tape to remove the evidence.
2. An investigator withdrawing property from the
Evidence Room shall complete the chain of
custody signatures on the original and two
copies of the property report and keep the
original and one copy with the property. The
second copy remains in the Evidence Room.
3. Anyone who has withdrawn property from the
Evidence Room shall return it before the end of
that tour of duty. If it is necessary to retain
property beyond that time, a written request for
retention must be approved beforehand by the
investigator’s division commander and the
commander of the Records and Identification
Division. Approved requests shall be submitted
to and filed in the Evidence Room.
4. Upon completion of the investigative purpose,
the evidence shall be replaced into the side of
the container that was opened, and the container
shall be sealed using new tamper-indicating
tape. The investigator shall sign and date the
face of the tape and return the evidence to the
Evidence Room.
5. Removal of controlled substances from the
Evidence Room requires the prior approval of
the commander of the Narcotics/Vice Division.
See section XV below.
B. For Analysis
1. SIS personnel may withdraw property from the
Evidence Room for analysis by presenting a SIS
Work Request, HPD-207 form.
2 The SIS employee shall sign the chain of
custody to keep the integrity of the evidence.
3. SIS personnel shall follow their manual of
operations regarding timelines for returning
evidence.
C. For Court Purposes
1. Evidence may be withdrawn from the Evidence
Room by the employee who is subpoenaed to
produce it in court.
a. The employee shall present to the evidence
custodian (1) a written subpoena
instructing the employee to withdraw the
property and (2) the employee’s
departmental identification card.
Property may be released no more than
three hours before court convenes on the
date specified in the subpoena. The
employee should notify the Evidence Room,
either by telephone or facsimile, of
pending evidence withdrawals to expedite
the release of property.
b. An employee who receives a late,
telephonic subpoena from a deputy
prosecuting attorney to appear in court
with evidence shall inform the deputy
prosecuting attorney to notify the
Evidence Room via telephone and provide
the following information:
(1) A callback telephone number for
verification;
(2) The name of the employee who will
withdraw the evidence; and
(3) The police report number and item
numbers, if known.
c. The employee receiving the telephonic
subpoena shall request that the deputy
prosecuting attorney fax a subpoena to the
Evidence Room with his or her name, case
information, and instructions specifying
evidence withdrawal.
2. If the employee who is subpoenaed to produce
the property in court is no longer with the
department, the property shall be taken to
court by an evidence custodian or an employee
whose signature appears in the chain of
custody.
3. An employee who withdraws property from the
Evidence Room shall complete the chain of
custody signatures on the original and two
copies of the property report and keep the
original and one copy with the property. The
second copy remains in the Evidence Room.
4. When the prosecutor or court accepts custody of
property from the department, the employee who
has withdrawn the property from the Evidence
Room shall ensure that both the original
property report and the copy are signed by the
prosecutor or court clerk; the date and time of
acceptance must be included to maintain the
chain of custody. The copy of the report shall
be left with the property, and the original
report shall be returned immediately to the
Evidence Room.
5. When the prosecutor or court accepts custody of
only part of the property withdrawn from the
Evidence Room, the employee shall return the
remaining property to the Evidence Room along
with both the original property report and the
copy. The report and the copy must still be
signed by the prosecutor or court clerk to
reflect receipt of the property that has been
turned over.
6. When property is accepted as evidence by the
court, the Property Report, HPD-192A form, and
the Evidence Room log book entry or records
management system file are closed.
7. Property previously accepted as evidence by the
court will be accepted by the HPD only with a
written order signed by a judge.
8. Evidence that is checked out to an employee for
court should be returned to the Evidence Unit
once court is completed for the day.
a. The evidence supervisor shall inspect the
checkout file daily for any evidence
checked out for more than 24 hours.
b. If the employee is delinquent in returning
the evidence, the evidence supervisor
shall send written notification to the
employee’s commander and request the
return of the property by a specified
date.
9. If evidence is returned to the department from
court:
a. It shall be submitted to the Evidence Room
as evidence under a new Incident Report,
HPD-192 form. This report shall refer to
the original property report number and
contain necessary facts about the return
of the property. Also, a follow-up report
shall be submitted under the original
report number reflecting this new incident
report number; or,
b. It shall be resubmitted under the original
report number, and the Evidence Room shall
create a new control number for the
item(s). This report shall contain
necessary facts about the return of the
property.
D. For Sting Operations
E. By Evidence Unit Personnel
1. The Evidence Unit may be required to assist
persons authorized to view evidence.
2. The evidence custodian shall:
a. Sign the chain of custody to keep the
integrity of the evidence and to document
the entrance into the container;
b. Remove the evidence from the container by
opening the side without the tamperindicating
tape; and
c. Upon completion of the viewing, replace
the evidence into an area of the container
that was opened, reseal it using new
tamper-indicating tape, and sign and date
the tape before returning the evidence.
RELEASE AND DISPOSAL OF PROPERTY
A. Authority for Release of Property
The lead investigator assigned to the investigation
has final authority regarding the disposition of
related property or evidence held by the department
unless otherwise governed by provisions of law.
Where no investigator is assigned to the case, the
lieutenant in charge of the detail handling the
investigation shall make the final decision on the
disposition of property in a manner prescribed by
law.
Under certain circumstances, the commander of the
Records and Identification Division or designee may
make the final decision on the disposition of
property.
B. Case Review
When property is submitted to the Evidence Room, the
investigator shall periodically review cases in
order to determine the case status and the
disposition of evidence. It is imperative that the
assigned investigator makes a decision on the
disposition of held property as soon as possible.
The following time frames should be used as a guide:
1. Felony: Review after eight months;
2. Misdemeanor: Review after four months; and
3. Suspicious circumstance/miscellaneous public:
Review after four months.
C. Release of Property in Open Cases
1. In general, investigators are responsible for:
a. Determining who owns each item of property
seized or recovered in their cases;
b. Informing the owners when any of their
property is recovered;
c. Facilitating the prompt disposal of
property that is no longer needed by
submitting the Authorization to Release
Evidence or Found Property, HPD-230 form,
to the Evidence Room; and
d. Notifying owners to pick up their property
after determining that the status of the
case permits the property to be released.
2. In misdemeanor cases in which there are no
clues or suspects, evidence may be returned to
the owner or disposed of as determined by the
Records and Identification Division commander
or designee.
3. In other cases, the decision to release
property may be made by any of the following:
a. The commander of the unit handling the
investigation who shall submit an
Authorization to Release Evidence or Found
Property, HPD-230 form, to the Evidence
Room;
b. The prosecutor who must furnish a written
authorization to release the property; and
c. The court that must furnish a formal order
signed by a judge authorizing release of
the property to the Evidence Room.
4. The prosecutor or investigator who authorizes
the release of property may request a
photograph of the person to whom the property
is released by so noting on the written
authorization of release. Evidence Unit
personnel shall photograph all items of
property released together with their
recipients and forward the photographs to the
Records and Identification Division.
D. Release of Property in Closed Cases
1. Authorization to Dispose of Property
An officer who submits a closing report to a
case in which evidence is no longer needed
shall also submit an Authorization to Dispose
of Evidence or Found Property, HPD-230 form, to
the Evidence Room to facilitate the disposal of
property. The follow-up report closing or
suspending a crime report shall include an
accounting of all property submitted to the
Evidence Room for that case.
There are three exceptions:
a. When a case is closed and referred to the
prosecutor or court for action, the
evidence shall be retained pending its
disposition by the prosecutor or court.
b. When a case is closed and the ownership of
the property is disputed, the evidence
shall be retained until disposition is
determined by court action. The assigned
investigator shall send a copy of the
corporation counsel interpleader request
to the Evidence Room.
c. When a case is reassigned to a new
investigator and he or she submits a
closing report. The investigator shall
also submit an Authorization to Dispose of
Evidence or Found Property, HPD-230 form.
2. Release of Property in Cases Referred to the
Court
a. Evidence may be released when a case has
resulted in a conviction, a sentence has
been passed, and no appeal has been made
within 60 days.
b. Evidence may be released when the court
makes final disposition of a case other
than conviction and notification of that
disposition is received by the Records
Section of the Records and Identification
Division. The Records Section will notify
the Evidence Room of the disposition of
the case.
c. The court may authorize the release of
property at any time by presenting an
order signed by a judge to the Evidence
Room.
3. Release of Property in Cases Referred to the
Prosecutor
a. When a case has been referred to the
prosecutor and court proceedings have not
commenced within the statutory time limit,
the sergeant in charge of the Evidence
Unit shall consult with the prosecutor to
determine whether evidence should be
retained.
b. The commander of the Records and
Identification Division shall establish
and maintain a verification process with
the prosecutor to ensure that evidence is
preserved whenever necessary.
c. The prosecutor may authorize the release
of property at any time by presenting a
written letter of authorization from the
Department of the Prosecuting Attorney to
the Evidence Room.
4. Release of Property in Cases Beyond the
Statutory Time Limit
The Evidence Unit sergeant may determine the
disposition of property when the statutory time
limit for legal action has passed and the case
has not been referred to the prosecutor.
E. Disposal of Found Property
1. The evidence custodians are responsible for
determining the ownership of found property and
for returning it to its owner or finder. In
determining the ownership of found property,
they may solicit assistance from other division
commanders as necessary.
2. When the owner of found property has not been
identified and located within 45 days of the
recovery of the property, the evidence
custodian shall:
a. Release the property to the finder, as
provided by law; or
b. Dispose of the property by auction; or
c. Destroy the property after destruction has
been authorized by the commander of the
Records and Identification Division.
F. Items Requiring Special Handling
For controlled substances, firearms, hazardous and
biohazard materials, and other items that require
special handling, see section XV below for
direction.
MATERIALS REQUIRING SPECIAL HANDLING
Because of their nature, some materials require special
handling. These include the following:
A. Controlled Substances
1. Controlled substances shall not be turned in as
found property. All recovered, controlled
substances shall be handled as evidence in
controlled substance investigations. When
controlled substances and other property are
recovered or seized under the same case, the
controlled substances shall be turned in under a
separate Property Report, HPD-192A form. Both
property reports shall bear the same case
number. Item numbers shall run consecutively
over both property reports.
2. The Narcotics/Vice Division’s Marijuana
Eradication Detail is responsible for the
destruction of marijuana plants harvested
through Green Harvest Operations. Seized
plants shall be processed as follows:
a. If an arrest is made or the case is held
open pending further investigation:
(1) Large amounts of marijuana shall be
photographed, weighed, and measured;
and a random sample of ten pounds
shall be separated for drying,
analyzing, and submitting into
evidence.
(2) Marijuana in excess of ten pounds
shall be destroyed immediately by the
Marijuana Eradication Detail, which
shall:
(a) Make prior arrangements via
telephone with the contracted
burning facility to schedule a
drug burn;
(b) Prepare the marijuana plants by
ensuring that they do not
exceed 30 inches in length;
(c) Ensure that the PSO is notified
to be present for the
destruction of the marijuana;
(d) Transport all marijuana to be
destroyed to the burning
facility. Upon arrival, check
in with to receive hard hats
and eye protection;
(e) Follow instructions to have
their vehicles carrying the
marijuana weighed on the
vehicle scale for accurate
accounting and
(f) Proceed to the burning facility
where unloading is to take
place. The marijuana will be
fed into the hopper, which
sends it into the furnace for
destruction.
(3) The Marijuana Eradication Detail
supervisor and the PSO detective
shall ensure that all marijuana has
been destroyed.
(4) The Marijuana Eradication Detail
supervisor shall submit an activity
report to the commander of the
Narcotics/Vice Division.
b. If no arrest is made and the case is
closed, all harvested plants shall be
weighed, measured, and destroyed
immediately by the Marijuana Eradication
Detail, as outlined in section XV A 2 a
(2) above. A small sample shall be
retained by the Evidence Room for a period
of 30 days. If no further proceedings are
intended or anticipated, the sample shall
be destroyed.
3. Evidence recovered by the Narcotics Detail in an
ongoing investigation may be held temporarily in
the Narcotics/Vice Division depository.
Evidence should not be held longer than ten
working days in the depository. If evidence is
to be held longer than ten working days, the
Narcotics Detail shall obtain approval from the
commanders of the Narcotics/Vice Division and
the Records and Identification Division.
4. Controlled substances shall not be stored in
the SIS after necessary analysis
completed. The SIS shall label,
container, and submit controlled
the Evidence Room for storage.
5. Controlled substances may be withdrawn from the Evidence Room for investigative purposes only
with the written approval of the Narcotics/Vice
Di vision commander. . The commander of the
Records and Identification Division shall be
notified when such requests are approved.
6. A sealed container of controlled substances
shall not be opened in court for display while
still in the custody of a departmental
employee.
a. The employee shall secure the signature of
the prosecutor or court clerk on the
property reports to maintain the chain of
custody and transfer the property. The
prosecutor or court clerk may then open
the container.
b. The departmental employee shall note the
opening of the closed container 1n a
follow-up report and submit the report to
the Records and Identification Division.
(This section addresses display only. If items
are accepted as evidence by the court, refer to
section XIV C above.)
7. When a controlled substance used as evidence 1n
court is returned to the department with a
damaged seal or container, it shall be
reanalyzed by the SIS. The employee who is
returning the controlled substance to the
Evidence Room is responsible for submitting a
follow-up report explaining the circumstances
under which the seal or container was damaged.
In addition, a Work Request, HPD-207 form, must
be completed by the same employee to have the
contents reanalyzed.
8. Random samples shall be analyzed by the SIS when
controlled substances are about to be destroyed
by the Evidence Room. The SIS shall be notified
of pending drug destruction by the Evidence Unit
sergeant. The PSO shall assign a detective to
every drug destruction activity carried out by
the Evidence Room. The PSO detective shall be
responsible for requesting the crime laboratory
work and maintaining records of the results.
9. Controlled substances should be left in their
original containers for destruction.
Destruction facilities may have restrictions on
the destruction of certain container materials.
In these cases, controlled substances shall be
placed in another suitable container.
a. The containers shall be placed in sealed
boxes for transport to the destruction
facility.
b. The PSO detective shall monitor and
inventory controlled substances being
placed in boxes by Evidence Unit
employees.
c. At the destruction facility, the containers
shall be removed from the boxes and
disposed of one at a time. The report
number of each item shall be logged as the
item is destroyed.
d. The Evidence Unit sergeant or a sergeant
from the Records Unit shall oversee the
destruction of the controlled substances
with:
(1) The PSO, which shall provide a
detective to witness the destruction;
(2) The SSD, which shall provide for
escort and area security; and
(3) The Communications Division, which
shall telephonically alert the patrol
district
e. The list of report numbers of items
destroyed shall be signed by the witnesses
observing the destruction. The Evidence
Unit sergeant shall attach a list to the
miscellaneous public incident report
documenting the event.
B. Currency
When currency of any amount and other property are
recovered or seized under the same case, the currency
shall be recorded by serial number and turned in
under a separate Property Report,
HPD-192A form. Both property reports shall bear the
same case number and, to facilitate accountability,
the item numbers shall run consecutively over both
reports.
(For example, drugs and money are recovered from a
suitcase. The suitcase and the drugs are recorded
as items #1 and #2 on one property report, and the
money is recorded as item #3 on a second property
report.)
1. If there is a large amount of currency, the
officer may choose to photocopy the bills. To
avoid counterfeiting issues, the officer shall
fold each bill in half and ensure that all
serials numbers are identifiable when making
photocopies.
2. The officer shall include the photocopy sheets
as an item of evidence on the same property
report that lists the currency.
C. Firearms
1. When firearms and other property are recovered
or seized in an ongoing investigation, the
firearm shall be recorded by serial number (if
any) and turned in under a separate Property
Report, HPD-192A form. Both property reports
shall bear the same case number. Item numbers
shall run consecutively over both property
reports.
2. Firearms shall not be recovered as found
property.
a. When firearms are recovered outside of an
ongoing investigation, they shall be
handled as evidence in miscellaneous public
cases. If a firearm is recovered with
other property, the firearm shall be
recorded by serial number (if any) and
turned in under a separate Property Report,
HPD-192A form. Both property reports shall
bear the same case number. Item numbers
shall run consecutively over both property
reports.
b. When a firearm is voluntarily turned in to
the department for disposition, the officer
shall recover the weapon. The officer
shall initiate an incident report with the
appropriate classification on the
HPD-192 form. The officer shall also
prepare a Property Report, HPD-192A form,
and a Property Receipt, HPD-83 form. The
property receipt shall bear the following
statement, which will be signed by the
person turning in the firearm:
“I voluntarily release any title
to the above-described firearm,
with the request that the Honolulu
Police Department make any
disposition thereof it may deem
necessary.”
Signature
Date
(1) A copy of the property receipt shall
be issued to the person turning in
the firearm.
(2) The original property receipt and
property report shall be forwarded to
the Records and Identification
Division.
3. All firearms recovered by the department shall
be evaluated by the commander of the Records
and Identification Division to determine their
disposition.
a. Disposition may be any of the following:
(1) Destruction;
(2) Departmental museum;
(3) Departmental arsenal;
(4) Pending further investigation;
(5) The SIS firearms reference library. A
request for firearms to be
transferred to the library shall be
considered only when prior written
approval has been given by the
commander of the SIS; or
(6) Returned to owner.
b. Weapons that may have historical
significance, especially significance for
Hawaiian or departmental history, shall be
reported to the Chief of Police. Such
weapons shall not be destroyed without the
Chief’s prior approval.
c. When a recovered firearm is retained by
the department for use or display, the
user or displayer shall:
(1) Ensure that the weapon is registered
with the Firearms Unit, Records and
Identification Division, and that the
Finance Division includes the weapon
in the departmental inventory; and
(2) Register any firearm with the
U.S. Treasury Department’s Bureau of
Alcohol, Tobacco, Firearms and
Explosives as required by law.
D. Jewelry
1. When jewelry and other property are recovered
or seized under the same case, the jewelry
shall be turned in under a separate Property
Report, HPD-192A form. Both property reports
shall bear the same case number. Item numbers
shall run consecutively over both property
reports.
2. All jewelry items shall be separated and
packaged according to size. Small, clear,
resealable bags should be used, if available
(e.g., one ring in one bag, one bracelet in
another bag, etc.).
E. Alcoholic Beverages
1. Place a minimum of two ounces of liquid (or
whatever is available) into a vial.
2. Document the condition of the original
container (e.g., full, half-full, cold to
touch, etc.) in the incident report.
3. Dispose of any remaining liquid.
a. Pour the suspected alcoholic beverage into
a sink or other disposal facility.
b. Document in the body of the investigative
report how and where the liquid in excess
of two ounces was disposed of.
4. Complete and submit to the Evidence Room
property reports listing all evidence and a
Work Request, HPD-207 form, requesting a check
for the presence of alcohol.
F. Criminal Cases Involving Hazardous Material
1. When evidence that is hazardous or suspected to
be hazardous is located by police officers
through a criminal investigation, it shall not
be taken to a police facility unless:
a. Personnel from the SIS (e.g., evidence
specialist or criminalist) take samples
and direct the recovery of any evidence;
and
b. Police operations are directed by
investigators who are trained and
certified in the handling of hazardous
materials and/or clandestine laboratory
investigations.
2. Proper protective equipment shall be used by
all personnel at all times.
G. Found Property Cases Involving Hazardous Material
When material that is hazardous or suspected to be
hazardous is turned in to or located by police
officers, it shall not be taken to a police
facility.
1. These cases require that the Honolulu Fire
Department be notified to inspect the material
and determine if an immediate danger exists.
2. Upon mitigation of the danger, the Department
of Health is responsible for the recovery,
removal, and destruction of the hazardous
material.
H. Biohazard Material
1. Disposable gloves shall be worn to handle
evidence that is suspected of being
contaminated, regardless of its size.
2. Certain items or situations may require
additional protection, such as fluid-resistant
suits, shoe covers, masks, and/or eye
protection.
3. Laboratory processing of evidence shall be
performed in accordance with standard operating
procedures established in the SIS.
4. To maintain a sterile work area, no
contaminated evidence, regardless of its size,
should be placed in direct contact with table
tops or other uncontaminated surfaces.
Wrapping paper, paper bags, drop cloths, or
other coverings shall be used as surface
coverings and shall be treated as disposable
biohazardous waste.
5. Liquids shall be submitted in leak-proof
containers. Evidence contaminated with blood
or other potentially infectious materials shall
be dried prior to submission.
6. All containers with evidence shall be labeled
and marked with a biohazard warning and, if
available, marked with the appropriate
biohazard symbol.
I. Engines
Engines retained as evidence shall be drained of
fuel and lubricants and cleaned reasonably well to
remove surface oil before being turned in to the
Evidence Room or temporary depository. The
recovering officer is primarily responsible for
ensuring that this is done; the Vehicle Maintenance
Section will assist by performing as much of the
actual draining and cleaning as it can when
requested to do so.
J. Fireworks
1. When fireworks are seized as evidence for an
illegal discharge that is witnessed by an
officer, they shall be photographed and
disposed of in accordance with the procedures
outlined below.
2. When fireworks are seized as evidence for any
violation except an illegal discharge witnessed
by an officer, they shall be photographed, three
samples shall be retained, and the remainder
shall be disposed of in accordance with the
procedures outlined below. Two of the three
samples shall be analyzed by the SIS and the
third shall be retained by the Evidence Room for
court use.
3. When fireworks are recovered as found property,
they shall be disposed of in accordance with the
procedures outlined below.
4. Disposal Procedures
Except for the samples listed 1n section XV J 2
above, all fireworks shall be turned over to
the SSD for destruction after the field
investigation is completed.
a. When large amounts of fireworks (25 pounds
or more) are involved, the investigating
officer should notify the Communications
Division to contact the Bomb Detail of the
SSD. The Bomb Detail will pick up the
fireworks at that time.
The officer in charge of the investigation
is responsible for obtaining authorization
for the SSD to dispose of the evidence.
At least oral authorization must be
obtained from both the Department of the
Prosecuting Attorney and the Department of
the Corporation Counsel. Additionally,
the investigating officer must record the
circumstances of the approvals in his or
her written report.
b. When small amounts of fireworks (less than
25 pounds) are involved, the officer should
place the fireworks in doubled garbage
bags.
(1) During normal business hours (0745 to
1630 hours, Monday through Friday,
excluding holidays), the SSD should
be notified to pick up and dispose of
the fireworks.
(2) Outside of normal business hours, the
fireworks should be stored in the
Central Receiving Division’s (CRD)
juvenile sally port for Districts 1,
6, and 7. District 5 and the regional
patrol districts shall each designate
a similar secure storage area. The
SSD should be notified on the next
business day to pick up and dispose
of the fireworks.
If there is any question about safety
in storing the fireworks until the
next business day, the investigating
officer should notify the
Communications Division to contact
the Bomb Detail right away.
c. At no time should fireworks be disposed of
via the regular trash.
K. Motor Vehicles
Motor vehicles shall not be turned in as found
property.
L. Prisoner Property
The CRD and the regional patrol districts are
responsible for all prisoner property taken into
their custody. No prisoner property shall be
accepted by the Evidence Room.
EVIDENCE REVIEW COMMITTEE
A. An Evidence Review Committee shall be comprised of:
1. The lieutenant in charge of the Evidence Unit.
This person shall chair the committee and be
responsible for disposing of any evidence
through the designated authority of the Records
and Identification Division commander;
2. A lieutenant from the CID;
3. A lieutenant from the Narcotics/Vice Division;
and
4. One or more lieutenants from field operations.
A lieutenant shall represent the applicable
district/division for cases that originated in
a particular jurisdiction; and
5. A lieutenant from the Traffic Division.
B. The Evidence Review Committee shall review cases for
which physical evidence is stored in the Evidence
Room. The entire committee shall meet to determine
if the evidence:
1. Should remain in the Evidence Room; or
2. Can be properly disposed of within established
guidelines (and only if disposal is agreed to
unanimously) .
C. The entire Evidence Review Committee shall meet at
least quarterly or as frequently as necessary.
PROPERTY AUDITS
A. The commander of the Records and Identification
Division shall conduct regular audits of all property
in the custody of the division. The results of each
audit shall be reported to the Chief of Police.
B. The commander of the Records and Identification
Division shall ensure that records of audits of both
evidence and found property are made and maintained.