Latent Prints = Evidence - how do we store them?

[Spartacus3131]

I'm hoping to hear from ASCLD and non-ASCLD certified Latent Print Examiners. Our section is hoping to become ASCLD certified in the area of latent prints sometime in the near future.

Currently, all of our unsolved latent cases (kept in their respective latent envelopes) are kept in numerical order in a storage cabinet while solved latents are maintained in a separate file (with documentation to the Make/Hit/etc), also listed by case number. Both file cabinets are in a locked office with very limited distribution of keys. All latent envelopes, solved and unsolved, are open on the same side and there is no known case or situation in which this led to the inadvertent loss of a single latent lift card. Several surrounding agencies in my area do the same or similar practice.

At this time, there is consideration in our department of treating all latent cases as evidence using property room guidelines. This would mean that all latent envelopes would be sealed and, if an examiner accesses the case, must be resealed before leaving their desk. I thought I'd read in this forum quite some time ago about this practice coming about because of ASCLD/LAB requirements and I seem to recall some spirited discussion about it. This procedure seems to create a problem rather than solving one and certainly there must be other ways to accomplish the security of latent print evidence to satisfy the concept of secured evidence while making that evidence readily accessible which we know it needs to be, given requests for examinations, etc. However, it is possible I'm mistaken in this and need to change my mind so I'd appreciate input on this matter.

What is your current practice in this area?
For those who use the totally sealed envelope practice, what do you do when you run out of sides to cut on the envelope?
Are there any other practical pitfalls that we should be prepared for?
Are there any of you who work in an ASCLD certified place that does NOT do this practice and how did you justify it to the reviewers?

[David Grady]

My unit is ISO accredited by FQS. While we are actively working on a case with latent prints on lift cards, we do not seal the envelope. Certainly, only one case can be open at a time. Once the case is reviewed (we do case reviews on 100% cases), the envelope with the lifts is sealed by the reviewer. The reviewer files the latent envelope in a cabinet that is locked when our unit is closed. The case goes in a separate file. The latent print cabinet will hold latent prints for the last ten years. After ten years, the year's worth of latent print envelopes (all sealed) is boxed up and given to the Evidence Detective who signs for it and then files the box in a secure and very-restricted storage area.

Now, as far as digital images of latent prints is concerned. Those are stored in a folder that can only be opened by LPU personnel. The folder is on our cities network and is therefore backed up nightly.

Also, if we make a latent print identification with a digital image latent print - a CD is made containing all latent print images pertaining to that case, plus all enhancement work done, plus any images that were used to illustrate the identification process - the CD is filed inside the case envelope.

Hope this helps.

[SConner]

How do you file a latent card which has multiple impressions where one impression may be identified yet the others are not identified or even excluded to the person you identified? Does that latent card go in the solved cabinet or does it remain in the unsolved cabinet? Under your current method of filing could you have an envelope for the same case in both the solved and the unsolved?

[Charles Parker]

Spartacus (Man what a cool name)—my agency became first accredited by ASCLD-LAB in 2005 and like you we had our working files (latent envelopes) in locked cabinets broken down into (Death Scenes—Crimes Against Persons—Crimes Against Property). In each envelope there might be one lift card or 200+ lift cards. In 2004 we had over 36,000 latent envelopes. Needless to say like you we had never lost one. Some had been misplaced for awhile but taping them is not going to insure against misplacing them. We were desperate to not have to seal them as we thought the moon was going to come crashing down, the budget would be bankrupt by the cost of the tape, that the time just to seal up envelopes on a daily basis would cause us to have to hire two more clerks just to do that. Needless to say all the crying and chest thumping did not work.

Five years later I hardly notice it. It has become so automatic. It does not take up that much time in a day. Besides just how many cases do we/you work a month? Probably only 20 to 50 a month! It takes about 2 seconds to unzip one and 5 seconds to zip it back.

By the way we have 7 LPE and only one likes to open the envelopes on all sides. Everyone else breaks the previous seal and seals it up in the same place and initials and dates it. When asked “Yes I received it in a sealed envelope, I opened it and when I was done I sealed it back and yes that is my initials on it”. We have NEVER had a latent case excluded because we went past a seal. Someone told me once that we cannot do that as it violates a “LAW” since I claim Missouri I asked them to show me the law and that was 10 years ago and they still have not found the “LAW” that mentions that. By the way the one LPE that likes to open the envelopes from all sides was trained in California----must be a California thing.

To answer your questions:

For those who use the totally sealed envelope practice, what do you do when you run out of sides to cut on the envelope? We cut one side and reseal that side----except for one examiner.

Are there any other practical pitfalls that we should be prepared for? In the old days I could pull a batches of them and just by going through them pick out some cherries to research through AFIS. Not anymore.

For your last question I do not think one exists. It all comes down to that loss or deleterious change which in my book does not apply to latent prints but I lost that argument in 2004 and 2005.

Hope this helps.

Any other questions let me know.

PS -- Others who have told me about how you cannot open a package where a seal was at---is in general a good rule----but when asked it has come from their SOP's and not case law that I am aware of.

[Spartacus3131]

OK, everyone, so far these are very helpful and I hope to see more posts to get a sense of the practices out there. I'm posting my follow up questions in the hope that this thread is helpful to others besides myself.

David Grady: You say that while you folks are "actively working on a case with latent prints on lift cards" that the envelope is not sealed. Does that mean that when the case goes from one analyst to the next for verification that the envelope remains unsealed because it is an active case? Or does the first examiner/reviewer seal it and the next one open it at either the seal or a fresh place on the envelope? Also, thank you for the info on what you do with your old cases. That was also a question we are taking a fresh look at so to have your example is helpful. You folks never destroy prints involved in cases that are past the statue of limitations, whatever they are in your state?

SConner: That's a good question for which I also would love to hear what practices are. We make a notation to that effect either in notes in our respective notebooks or addendums on the envelope or even a written note that is dated and signed by the examiner and inserted into the case file and a computer log updated with that fact.

Charles Parker: Funny comment about us Californians! You see where one objection is going in terms of running out of sides of the envelope simply because it has become common practice to never break a previous evidence seal, not even your own! But in reality, I've never found anyone that can explain the reason for that other than "just in case" or "it's best practice" but never "because......" If you simply continue to open the same seal than the practical issue is resolved. It is also helpful to know that a latent case was not excluded because of it.

[Spartacus3131]

Do your examiners also respond to the Field? Ours do which can complicate the practicality of the process. I believe that sort of multi-tasking represents the majority of practitioners in our field, hence, the question. Thanks to everyone for taking the time to reply.

[atorres]

At King County we are currently getting the paperwork filled out for accreditation as well and have been going through a similar process of figuring out how and what needs to be done for security and proper storage.

We do something similar to what David Grady's shop does. Once an envelope (or other packaging) is opened, we initial and date the package, as well as state on our request form, what was contained in the package (because some of the time what is stated is not necessarily what is inside). Once an envelope is opened it remains unsealed throughout the exam process. Everything in the case though is contained in a case jacket. The envelope (or other packaging) gets resealed by our administrative staff (they check to make sure that the number of cards stated on the request form are what is going back in the envelope) with their initials and date. This is done when they send out the final report for the case. They then put the case jacket in our filing room, which is locked at night and is separated similar to what you described.

Each examiner has multiple cases open at one time, but like I said before each have their own case jacket where all the cards and other info are kept. At night, examiners are responsible for putting all cases in our own filing cabinets (which have a lock on them, but we are not locking at this point). Our area is restricted only to those who have legitimate access and therefore I don't personally see the need to reseal an envelope EVERY time it changes hands or you leave your desk. I would think that as long as you can show the reviewers that the evidence is maintained in an organized manner, that it is safely kept and that no one has access to the evidence that shouldn't, you should be fine. But who knows... good luck!

Anne

[David Grady]

To clarify my earlier reply:
A. Most of the cases we work on that involve latent prints on lift cards originate from our Crime Scene Unit. Those investigators lift the prints, place them in sealed envelopes and forward them to us with all the pertinent info filled out on the envelope and a copy of their narrative attached (via a locked mailbox out side our lab). They also seal the envelope. Once we receive the envelope, we un-seal it for our analysis and we don't re-seal it until the case reviewer has finished reviewing it. The reviewer then files the case jacket in one of two files, depending on whether a latent print was identified to a suspect or not. The latent prints are re-sealed go in a separate file that contains ONLY latent print envelopes (No case work or papers). ALL of the latent prints pertaining to a case (identified, excluded, and inconclusives) stay together. The latent print lifts do NOT have to be in the case jacket as long as the "case contains sufficient information to guide the reviewer in retrieving the original evidence" - FQS FRA-4, section 4.13.2.1.

B. We do occassionally repond to the field as well. If I or another LPE goes to a scene and obtains our own lifts, we don't have to seal the envelope as long as the lift cards remain in the possession of the Latent Print Unit, until it is reviewed.

C. The latent print envelope is not sealed when it go to a verifier.

D. We never destroy latent prints or lift cards. In fact, yesterday I analyzed three latent prints from a homicide in 1989 at the request of a Cold Case Detective. It took a bit to find them, and the new suspect they gave me was excluded from the latents, but it's nice to be able to do so.

Hope this helps.

[RL Tavernaro]

One reason for the practice of not breaking a seal on an envelope, creating a separate opening & then resealing, is to preserve evidence related to chain of custody. If an existing seal is broken, then later resealed, it may become problematic for the original sealer to show evidence of their seal, especially if there are multiple seals. I have been handed evidence in court, still in its packaging, & asked how can I tell if it is the original packaging. If my seal (including initials, etc.) is visible, the answer is simple. If my seal has been covered up by one or more subsequent seals, there may be a problem.

Don't know current practice, since retiring from an ASCLD 'certified' state lab, however a few years ago the envelopes (active cases) were unsealed, maintained in a file cabinet, kept in a secure room (with latent print unit personnel access only) within the secure latent print unit office area (with limited access), which was in a secure building facility. All areas were separately alarmed. A chain of custody was maintained on the latent/photo envelopes or attachment as needed. When pulling an envelope from the file, a signed & dated 'tickler' was put in its place until it was returned to file. Several years of cases could be accommodated in that room. Annually, one year of records were boxed, sealed, & removed to a secure storage area, making room for a new year.

Your agency should have a disposition or destruction policy for case related records and/or evidence. The policy will likely include a general time-frame, as well as specific category exceptions. At the time of my retirement, our general policy was 30 years. One notable exception was homicides, which have no statute of limitations, & therefore were kept 'forever'. The time needed for the destruction policy will vary by jurisdiction, however needs to be in compliance with jurisdictional rules/laws for archiving, as well as statutes of limitations. Consideration should be given to court and appeal processes that may extend well beyond a stated statute of limitations.
Regards, RLT

[jpadilla5]

We are not an ASCLAD lab, but we do respond out to field calls and process our own latent prints. We have manilla envelopes that have all of the case information on one side and our log on the back.

We store them in a file cabinet in the forensic unit, which like you, is locked and has limited access. We store all of our latents in the same file cabinets by case number. When an identification is made, it is marked on the front of the envelope and the ten-print cards that were signed go into the envelope with the latent cards. That way, we can have idents and non-idents in the same envelope / same file cabinets and it is marked on the front of the envelope.

envelope.JPG

envelope2.JPG

Each envelope has a metal closure to keep everything inside the envelope.