Managing Risk in Property and Evidence Handling: A Critical Function in Law Enforcement

By Todd Duncan, Law Enforcement and Safety Specialist

The management of property and evidence in law enforcement can seem like a mundane task, but in reality, it is a high-liability area that demands precision, accountability, and integrity. Improper handling can result in lost or tampered evidence, compromised prosecutions, civil liability, and damage to public trust. Agencies must implement robust procedures to ensure the chain of custody is preserved and that all items, especially high-risk items like drugs, firearms, and cash, are secured with the highest standards of control.

Key Risks in Property and Evidence Management

 The risks associated with property and evidence management typically fall into the following five areas:

1. Chain of Custody Breakdowns – Failure to maintain an accurate, documented chain of custody can jeopardize criminal cases. This is a common issue, particularly in smaller agencies. One example is the practice of multiple officers having ongoing access to a shared locked storage area containing evidence from different officers/cases. This practice is fraught with problems, will likely not stand up to chain of custody challenges in court, and can compromise case prosecution.
2. Theft or Misappropriation – Poor controls can lead to internal theft or misuse of seized property, particularly cash, narcotics, and firearms.
3. Storage Failures – Inadequate security, environmental controls, or inventory systems can result in loss or contamination.
4. Legal Challenges and Civil Liability – Lost or mishandled evidence can lead to wrongful prosecutions, acquittals, or lawsuits.
5. Firearm Safety Hazards – Improper handling or unsecured firearms in evidence can pose a direct safety threat to staff. Lack of specific procedures for releasing firearms can also expose agencies to significant liability.

Risk Management Strategies

To mitigate risk and ensure the integrity of property and evidence, the following steps should be followed:

• Written Policy: Develop and implement a comprehensive property and evidence policy. Model policies are available through NIRMA.
• Strict Access Controls: Limit access to the evidence room to trained, authorized personnel only. Use secure electronic access logs. Install security cameras in and around property/evidence storage areas and retain recordings according to your county policy (we recommend retention of video for at least 90 days, and it must be extracted and retained longer if there is any reason to think the video could be evidence of officer misconduct).
• Organized Inventory Systems: Implement manual or digital intake and tracking processes to reduce human error and improve auditability.
• Regular Audits and Inventories: Conduct quarterly audits and annual inventories, including surprise inspections by command staff or an outside agency. Audits should include the inspection of a random sampling of items to verify their presence, condition, quantity (in the case of drugs and money), etc.
• Chain of Custody Documentation: Every transfer or access event, i.e. officers checking items out for court, should be documented with time, date, and personnel signatures.
• Training and Certification: Assign trained evidence technicians and ensure ongoing certification in evidence handling best practices. The International Association of Property and Evidence (IAPE) offers in-person and online training as well as free resources such as sample property and evidence procedure manuals. For more information, see the IAPE website at https://welcome.iape.org/

Handling High-Risk Items

 Maintaining the integrity and security of property and evidence is important in every case, but certain items, such as cash, firearms, and drugs, require extra precautions. The following procedures can reduce the heightened risk inherent to storing the following types of property/evidence:

• Cash: Count and verify all currency in the presence of two staff members. Immediately seal cash in tamper-evident packaging with documentation. Store in a dual-lock safe within the evidence room. Avoid storing cash long-term; seek court approval for early forfeiture or deposit.
• Firearms: All firearms must be rendered safe (unloaded, magazine removed, chamber cleared) before submission. Use trigger locks or secure containers. Store firearms separately from ammunition, in a locked, secure firearm vault with restricted access.
• Drugs and Narcotics: Package drugs in sealed, tamper-evident bags and document weight. Store in a secure narcotics locker or vault. Dispose of adjudicated narcotics under witnessed, documented procedures, in compliance with DEA guidelines.

Conclusion

Sound property and evidence management is not just an administrative task, it’s a foundational aspect of lawful, professional law enforcement. Agencies that implement strict controls, maintain transparency, and commit to best practices not only protect the integrity of their cases but also the reputation of the entire agency. Risk mitigation in this area is essential to justice, officer safety, and public trust.

For questions or more information on training opportunities, contact NIRMA’s Law Enforcement and Safety Specialist Todd Duncan at (402) 742-9220 or tduncan@nirma.info.