U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF TRAINING AND DEVELOPMENT ICE Academy Enforcement and Removal Operations ERO PHYSICAL EVIDENCE. Lesson Plan FIELD OPERATIONS TRAINING PROGRAM PROSECUTIONS January 2013 CONTROL PAGE Developed By: March 2011 CDI i? DO, ICE Academy - Advanced Signature Content Approved By: Month i Year I I [1 Branch Chief, Advanced Training Section, ERO Academy Signature Signature Instructional Design Reviewed By: Month i Year Name, Title Signature. Signature Instructional Design Reviewed By: Month i' Year (bitembimtc) IUnit Chief, OTDI IMU Signature Signature This document is not to be released outside the Office of Training and Development or the ICE Academy without the written permission of ICE Office of Training and Development Director or his designee. EVIDENCE page 2 of 2? Approval date Record of Changes Date A=Add. Description of Change Reason for Change Approved By of M=Mod. LN, Operational Unit Change Chief or IMU Representative) 11f15f11 fvi Clarification on Forfeiture Confer with and Evidence Disposal lynco, GA 4f12 Clarification of HSI asset forfeiture Abandonment form and clarifications to errors in LP delete use of Destruction Form 6f12 A Federal and Local HSI is teaching ?threshold? Thresholds. No title 21 concept to ERO basic, and authority. Know if your it is recommended that state has a firearms prosecution officers know database, thresholds for various crimes 10f12 A Add description of Pre- Students will now practice practice evidence collection in MCR prior to LAB. Minor tech edits OTD review 1f13 A Reference to ERO 11156.1 Enforcement Operations (one) Enforcement Operations Property Protocols ICE Academy Property Protocols issued established policyf Charleston 12f3f12 and update Pre- procedure for seized, requPD 2 and 3 to reflect abandoned or forfeited this policyI items. 4f13 lvlodifyI TPO Improve behavior and criterion 12f2012 Enforcement Operations Property.r Protocols and EABM l-44 A New EPO - Lecture, demo, Processing Guide practice and test EVIDENCE page 3 of 2? Approval date TABLE OF CONTENTS LESSON DESCRIPTION .. 5 LESSON TITLE ..Y H. RISK MANAGEMENT PLAN (If Required) ..Y FACILITY REQUIREMENTS ..7 EVIDENCE page 4 01?2? Approval date EVIDENCE LESSON DESCRIPTION LESSON TITLE ERO Physical Evidence . PROGRAMICOURSE TITLE Field Operations Training Program - Prosecution DESCRIPTION This course is designed to enable ERO officers to recognize physical or real evidence as well as situations in which an officer may legally seize or detain evidence andr'or property, to include abandoned property. Through lecture, demonstration and practice in a case scenario, the students will be able to initiate and record the chain of custody for seized evidence and property, and properly package, transport, secure and dispose of that evidence. NOTE: The student practice and assessment are described in the FOTP-P 008 Guide, specifically phases 14, 19-20 and 24, and the Day 14l15 Final Practical Exercise (P.E.). . TERMINAL PERFORMANCE OBJECTIVE Given a field situation in which a search warrant has been executed, and a search for physical evidence has been initiated, Condition: Behavior: the ERO officer will secure and dispose of evidence, in accordance with the Federal Rules of Criminal Procedures, the Federal Rules of Evidence and ICE policy and procedures. Criterion: ENABLING PERFORMANCE OBJECTIVES EPO Recognize the type and liker manner in which evidence may be encountered by ERO. EPO Initiate and maintain a chain of custody on evidence. EPO Package, transport and store evidence. EPO Request laboratory examination of evidence. EPO Record evidence in EPO Properly dispose of evidence. page 5 of 2? Approval date VI. LENGTH OF LESSON PRESENTATION. STU DENT STUDENT TOTAL (Including PRACTICE EVALUATION Demonstration) 4 3 2 hr 9 EVIDENCE page 6 01?2? Approval date LESSON ADMINISTRATION LESSON TITLE ERO Physical Evidence RISK MANAGEMENT PLAN (If Required) Only government vehicles or government rental vehicles will be used. Any accidents or injuries will be reported to the Section Chief or Unit Chief. Risk Assessment Sheets will be completed for the lab and PE. FACILITY REQUIREMENTS Main classroom with computers equipped with GIMME) training system (up to 24 students with instructor station with presentation ment 2 Break-out rooms with computers equipped with training system (for up to 8 students and 1 instructor) Raid Houses and Role Players (see FOTP-P CCS) IV. TRANSPORTATION REQUIREMENTS Students will use government vehicles during the FOTP-P 008 to arrive at and depart from raid house locations in which criminal warrants will be executed. V. REQUIRED STAFF One instructor is required for lecture and demonstration portions of this course. If possible, a secondary instructor, who is a subject matter expert in Federal Rules of Evidence, should assist the primary instructor. All three 008 Coordinators (COS-Cs) as well as six Tactics Instructors (Tls) are required for the lab and PE. Instructor Preparation: For lecture portion of this class, instructor must be familiar with the Execution of Criminal Warrants LP as well as the ICEEOPLAN LP as all three are inter-related. For the LABS and PE, COS-Cs and Tie must be familiar with the FOTP-P 008 Guide (Phase 12?14, 19-20 and 24 and Day 14f15 Final P.E.). VI. ACADEMY PROVIDED TRAINING AIDSIEQUIPMENT a Instructor Guide ERO Physical Evidence - Instructor Guide FOTP-P 008 Guide a Power Point Presentation .- Individually issued secure thumb drive containing reference material - Government Vehicles - Role Players - Raid Houses in Red Guns 0 Evidence Kit to include associated forms - Mock Evidence 0 Radios EVIDENCE page 7? of 2? Approval date VII. STUDENT PROVIDED EQUIPMENT 0 Duty gear for enforcement operations, to include but not limited to: C) Flashlights Body armor carrier Magazine pouches STUDENT SPECIAL REQUIREMENTS . ICEEOPLAN LP - Execution of Criminal Warrants LP IX. STUDENT HANDOUTSIMATERIALS - To be provided in participant workbook: Example DHS Form 60518 Example Seized Propennyvidence Logbook (to be used for the CCS) Example evidence Example I-44 Example ICE Form 73-003 (FDL. Request). Example Forensic Document Lab (FDL) Report Example Destruction of Evidence Memo contained in Evidence Kit: DHS Form 60518, and A Evidence Bags, Tags (DHS Form 366), Boxes Evidence Tape Gloves, Masks ICE Form T3-025 Miranda ICE Form 73-005 Consent to Search ICE Form ICE Booking Sheet DHS Form 4607 Notice of Abandonment (3-56 Photo Log Room Identification forms Blank l-213 USM312 (booking sheet) Sketch paperinotepadsipenslpencils Digital camerafbatteries X. ATTACHMENTS - To be attached to the student thumb drive EVIDENCE Approval date. Blank DHS Form. 4605 Currencyi'Monetary Seizure Inventory. Blank DHS Form 4607 Notice of Abandonment Sample CF6025. Seized. Property! Evidence Logbook Sample DHS Form 6051A Custody Receipt for Detained or Seized Property (Continuation Sheet) page 8 of 2? a Sample DHS Form 60518. Custody Receipt for Seized Property and Evidence Sample DHS Form 366 and DHS Form 366A Sample I-44 ENFORCE screen shots Joe. ALIEN GOBY: Currency GOBY: Controlled Substances GOBY: Firearms andfor Ammunition GOBY: Monetary Instruments XI. REFERENCES 0 Federal Law Enforcement Training Center Training Directorate, Enforcement Operations Division, Physical Evidence, September 2004. Federal Law Enforcement Training Center, Legal Division Handbook, 2009. US. Immigration and Customs Enforcement, Office of Investigations, Evidence Processing, 522.06, December 2008. 0 ?Procedures for Documenting Recovered Firearms, Ammunition and Contraband", DRO Taskings, March 17 2009. ?Confiscation and Return of Original Documents?, John P. Torres, Acting Director, Office of Detention and Removal, July 14 2006. ?Confiscation and Return of Original Documents?, John P. Torres, Acting Director, Office of Detention and Removal, August 25, 2006. - USCS Special Agent Handbook, Evidence, Chapter 18, August 11, 1997. a Federal Rules of Criminal Procedure, Rule 16. Discovery and Inspection, Government's Disclosure, (1) Information Subject to Disclosure. Federal Rules of Criminal Procedure, Rule 41. Search and Seizure, Scope and Definitions. 0 Federal Rules of Evidence, Rule 901(a), Requirement of Authentication and Identification. - Homeland Security Investigations, ?Search and Seizure Handbook?, HSI HB 10-05, August 16, 2010. a Custom and Border Protection, ?Seized Asset Management and Enforcement Procedures Handbook", HB 4400-018, July 2011. ERO 11156.1, Enforcement Operations Property Protocols, 12l3f12 Enforcement and Removal Operations, EABM I-44 PROCESSING GUIDE EVIDENCE page 9 of 2? Approval date OUTLINE. OF INSTRUCTION INTRODUCTION lash-nami- RAPPORT AND OPENING STATEMENT Instructor will welcome students and go over any administrative details (length of class and breaks]. The lead instructor must introduce himselffherself and all co-instructors. Provide example(s] of hisfher own personal experience with evidence in the field. Students have already been instructed on criminal warrant execution. Three lessons (Execution, Evidence, and ICEEUPLAN) are inter-related, and it is important to be familiar with all content in order to accurately present the material. Practice of FIFO: #1 - #3 occurs in Phase 14 {Day #1 2). Practice of EPD #4 occurs in Phase 20, HPO #5 in Phase 19, EPO #6 in Phase 24 {Day Motivation As a member of one of progressive enforcement teams, you are in the field daily. You are already finding evidence, contraband, fruits of crime, or other items illegally possessed, whether it is through plain view, consent or a criminal warrant. Knowing ahead of time what federal andfor local thresholds may exist for different types of evidence or contraband as well as yourforfeiture capabilities will make a difference on how you respond to that discovery. Will you seize or detain that property, or will you just simply secure the scene and await another officer's response? Taking another person?s property exposes you to a high level of risk (civil and criminal liability), therefore, it is extremely important that you know how to properly seize it. Understanding and applying the principles of search and seizure laws, policies, and procedures, and recognizing that these laws are intricate and continually evolving, will help you legally and correctly seize contraband, evidence and other forfeitable property found during the normal course of your duties. This lesson is designed to guide you in the proper DHS and ICE procedures for the collection, whether through abandonment or seizure, of property and evidence. ll._ Objectives A. Terminal Performance Objective(s) Condition: Given a field situation in which a search warrant has been executed, and a search for physical evidence has been initiated, Behavior: the ERO officer will secure and dispose of evidence, Criterion: in accordance with the Federal Rules of Criminal Procedures, the Federal Rules of Evidence and ICE policy and procedures. EVIDENCE page 10 of 2? Approval date B. Enabling Performance Objectives EPO Recognize the type and likely manner in which evidence may be encountered by ERO. EPO Initiate and maintain a chain of custody on evidence. EPO Package, transport and store evidence. EPO Request laboratory examination of evidence. EPO Record evidence i (bl(Tl(El EPO Properly dispose. of evidence. Advance Organizer of Main Ideas In dealing with alien property, there. are set procedures that must be. followed. Any item removed from the detainee's possession must be inventoried, and a receipt provided. A second officer witnesses by way of signature. The items are either placed in an envelope or, if too big, tagged, and then placed in a secure storage area- The. information is also entered into the property receipt logbook. On occasion, an inventory and audit is conducted to ensure detainee funds and valuables are accounted for. When the property is returned to the detainee, the log and inventory sheets are updated to reflect this transaction. You will find that the procedures for evidence. are. very similar. This lesson will. take what you already know about funds and personal property and expand it into the area of evidence and contraband. IV. Review of Prerequisites To proceed with the lesson and be able to recognize evidence that ERO will likely encounter, it is imperative that the student be clear on the exact definition of evidence, as well as types of evidence that may be presented in court. ERO officers will also need. to understand the difference between seized property and evidence before proceeding with this lesson. EVIDENCE: (A thing. or set of things that when put together help. in forming a conclusion)Something that furnishes proof. Offered in court to prove or disprove a fact that is at issue in a trial, an element of the crime, a defense, or credibility of a witness. Physical or Real Evidence: A material object; something you can touch or see. [ex: drugs, identity documents, fingerprints] ICE classifies physical evidence into two categories: EVIDENCE page 11 of 2? Approval date Non-forfeitable ?property seized for evidence only. It is not subject to forfeiture provisions. If possible, return to the rightful owner. [ex: Identity. documents, business records, or other property] Forfeitable property seized for evidence and is subject to forfeiture under some statutory provisions. [exz money, conveyances, jewelry] Testimonial Evidence: A statement made by a witness in court under oath. [ex: victim?s account of being attacked in a case involving a charge of aggravated assault] Documentary Evidence: Written documentation that establishes the truth of some matter. [ex: FDL report] ERO officers will be responsible for all of these types. of evidence; however, this course will focus on physical evidence, as this is the type of evidence typically ?seized?. Basic Definitions: Seizure: An object is seized when the government meaningfully interferes with an individual's possessory right or interest. Per ERO 11156.1, seizure is taking physical possession andfor control of property. . Detention: The withholding release of property pending a decision to seize. Purpose of Forfeiture: To take property wrongfully used or acquired; to deny criminals the instruments or profits of their criminal activity; or, to exact a penalty against a property used or acquired in connection with prohibited activity. Non-Forfeitable Evidence: Examples would be valid/lawfully possessed foreigni'domestic government IDs. Prior to removalfrelease, either return to alien or issuing agency, destroy or retain. See ICE policy [Memo of AD John P. Torres, Office of Detention and Removal, dated 8/252?06: ?Confiscation and Return of Original Documents?] which provides guidelines on making the disposal determination. Seized Property (forfeitable): There is a statutory. provision. for the. forfeiture (18 USC 981i982 provides general statutory guidance). Contraband: Merchandise (goods, chattels, and wares of every description) that is unlawful to import, export, or possess. Abandoned. Property (DHS. Form 4607 Notice of Abandonment and Assent to Forfeiture of Prohibited or Seized Merchandise): Complete in EVIDENCE page 12 of 2? Approval date the case of abandoned or forfeited property (administrative or criminal). A person cannot abandon something. if sihe does not admit to ownership. . (biti?ltEl The cap automated system that is integrated with (bliTl( and used by ICE to track all seized property, and arrests. Search, Arrest, and Seizure Report: Records statistical and enforcement information relating to searches, arrests, and seizures made ICE officers. Further instruction on this report has been provided during the lesson. V. Agenda - First, types of evidence common to ERO will be discussed as well as how such evidence may be encountered. a The concept of ?chain of custody" will then be discussed while an example of a completed DHS Form 60518 is reviewed. - Evidence packaging will be. discussed and displayed. . The role of the evidence custodian will be discussed as well as the rules about transporting high risk propertylevidence. and the importance of. evidence. 0 The difference between. the ICE FDL and other local, state orfederal. labs. will be explained. a An example FDL request and resulting reports will be reviewed. 0 Provide an overview ofthe December. 2012 policy. re: l-44 and property in. EABM - On TD 9, students will practice. seizing evidence in the. classroom. - During (308 Phase 14, the students will practice seizing evidence to include completing the DHS. Form 60518 (chain of custody), packaging, transporting and storing the evidence- - During Phase 19, the students will complete the l-44 - During 008. Phase 20, the students. will practice completing. the. FDL. request form. a On day 12, the. instructor will. discuss evidence disposal. - During (305 Phase 24, the students will practice disposal of their evidence seized during CCS. Phase. 14. a Final Test of activity to be given on Day 14(15. EVIDENCE page 13 of 2? Approval date INSTRUCTION instructor Notes: Students have already been provided and reviewed all the contents of their evidence kit. The kits as well as tags. bags. boxes and labels should be brought from storage (BLDG floor] into the MCR. A power point has been created for the lecture portion ofthis course. l. Explanation A. EPO #1 Recognize what kind and how evidence will liker be encountered by ERO officers. 1. Evidence liker to be encountered by ERO a. Government issued identity documents i. State ID or DL ii. Social Security Card Birth Certificate b. Foreign identity documents i. Birth Certificates ii. Passports Cedula (National Identify Document?) 0. Contraband i. Drugs ii. Guns Document making equipmenUmaterial instructor Notes: ERD does not have Title 21 authority. If drug evidence is encountered, TL should be alerted and the scene secured. Best practice includes knowing ifand what federal or local thresholds exist in the AOR. ERO also does not have forfeiture capabilities on firearms. Per policy. ERO should seek assistance from ATF. DEA or OLEA lfthey are unable to respond, ERU will need to pursue judicial forfeiture of the firearm. Per the September 2009 DPLA memo. ?Disposition of seized foreartns that have not been abandoned or forfeited?. those firearms should be disposed of in accordance with USA regulations governing disposal of abandoned property. Best practice includes knowing if any state database exists for conducting records checks in addition to contacting SECTOR. d. MISC i. Cashimoney ii. Worle Pay stubs instructor Notes: These arejust some examples of common types, DEMONSTRATION: Review ?mock? evidence from the above list. A copy ofthe evidence has been provided in the student course material. 2. How evidence will be encountered a. Search Warrant EVIDENCE page 14 of 2? Approval date b. Arrest (Criminal andfor Administrative) i. SIA ii. Inventory c. Consent Search d. MISC i. Plain View ii. Trash Run m. Subpoena 1. Grand Jury 2. Administrative Instructor Notes; Per ERU i 156.] [Property Protocols] and OPLA memo re: disposition ofseized firearms. evidence. contraband or other forfeitable property con?scated, seized or acquired by abandonment through SW. consent. 6.1 or admin subpoena. surveillance and trash runs MUST be documented on 6051(8 or as well as on the 1?44 in ENFORCE. B. EPO #2 - Initiate and maintain a chain of custody on evidence. 1. Initiate the Chain of Custody a. Rule 901(a) of the Federal Rules of Evidence (FRE) Requirement of authentication and identification i. Before evidence can be admitted in court, there has to be a sufficient showing that it is what it is claimed to be ii. The FRE does NOT say how evidence should be collected or maintained Because the FRE provides little guidance, the following are important: 1. Chain of custody begins when the item is found 2. Any further handling of and alterations to evidence should be documented 3. Unmarked, mismarked or incomplete tags, bags or boxes can lead to a challenge 4. Not recording transfers of evidence on chain of custody can lead to a legal challenge instructor Remind students what was learned in EXECUTION, since the chain of custody begins when the item is found. AND anyone who further handles must be listed on the chain, it is recommended that the person assigned as Evidence Custodian-"Collector (EV) on scene should be the one called in by the locating of?cer to actually SEIZE the evidence. lfthe locating officer is the one who seizes the item and then calls the EV in for packaging, both will have to be listed on the corresponding 60513. b. DHS Form 50518 Custody Receipt for Seized Property and Evidence (6051) i. Documents the details (where, when and by whom) ii. Documents where and who handled it from time of discovery until offered in court or no longer needed EVIDENCE page 15 of 2? ?ip-,izlrovail date Dualiforfeitable and singleinon-forfeitable status evidence can NOT be listed on same 6051 iv. Each 6051 has a unique serial number and multiple carbon copies instructor itinnavs There are no set rules on how to the items EXCEPT not to mix forfeitable and non-tbrfeitable on same 6051. Many theories can be applied. For example, one may choose to list an item on a separate 60515 and place in a separate evidence bag based on the location it was found {bedroom v. kitchen). Another may choose to list only those items of similar kind on the same 605 I and place in same evidence bag, {identity documents vs. business documents}. A. third option would be to complete 605] based on how the evidence is going, to be disposed (return to owner. another entity, or destroy). Whether on one 60518 or multiple, never repeat the same line item it. For example, if line item and 2 are listed on the ?rst 605 S, then the 2?d 605i 8 should start with. line item number 3. Another factor that will come into play is the amount of items being seized and the number of. locations. the car vs. somewhere in the house. 2. Maintain the chain of custody a. Original 6051 stays with the evidence and copies are placed in file folder b. Complete the chain of custody box on the original 60518 as evidence is transferred from one personlagency to another i. Make a new copy of the original 60518 ii. File in prosecution case file folder DHS From 6051A continuation sheet for additional blocks Lay the foundation i. At least one individual must be able to testify as to the source, validity and chain of custody of evidence ii. Limit the number of individuals who come in contact with evidence and become part of the ?chain? no i'rii's'fi'ilt'frii' Review the "mock" DHS 60515 form to demonstrate documenting seizure ofproperty and evidence. The 605 1. form matches evidence discussed during EPO Copies ofthe 6061 have. been provided in the student course material. Point to the, chain of custody section ofthe form and discuss how it is used to document all the individuals-"ngncies who took custody. ofthe, evidence. Further instruction and demonstration will occur. during1r EPO 4 FDL lab. C. EPO #3 - Package, transport and store evidence. 1. Package evidence a. Document what the evidence is, who seized it, witnessing officer, and seizure date and location b. Type of evidence dictates how it is packagedflabeled: i. DHS Form 366 and 366A (Tagstabels) 1. Placed directly on or tied to computers or document vending equipment 2. Place on non-ICE evidence boxes or bags ii. BAGS: ex, IDs, paperwork and money EVIDENCE page 16 of 2? Approval date 1. Once evidence bag is sealed, tear off the top (perforated) strip of the bag 2. Staple strip copy 60518 3. File copy of 6051 in prosecution case file folder BOXES: ex, bulky records and guns 0. Pre-printed fields on evidence packages correspond with the DHS Form 60518 and the SAS Incident Report i. SAS Report number andleEDgenerated seizure numbers are recorded on the evidence label and 6051 ii. The unique 6051 serial number is entered on the evidence label and in (SAS Report) Line item numbers on the 5051 must be identical to the SAS report iv. Seized items of a similar nature (Ex: 2 Puerto Rican birth certificates) may be entered on the SAS Report and 6051 as a SINGLE line item fowl-invoi- DEMONSTRATION: Review ?mock? evidence bag that corresponds with the above ?mock? 605] forms (HPO and evidence (HPO #l Discuss how the fields on these items mirror those of the 605 l. Discuss ?elds fed (bi'i?'iE) Igenerated numbers. A copy ofthe evidence bag containing evidence has been provided in the student course material. Because the completion ofthe 605i generally occurs at the same time as the completion ofthe evidence bag. remind students ofteaching points in HPO specifically how to decide how many 605] forms and bags to use. 2. Transport evidence a. High Risk propertyievidence i. FirearmslAmmunition 1. Render safetinooerable 2. ATF, NCIC ?121? checks 3. Separate ammo from firearm 4. Follow ERO Tasking March 11156.1 Property Protocols a. HSI or seek assistance from OLEA b. Complete l-44 in 5. If ERO must seizeidetain a. Comlete 6051SID on scene and l-44 in (b)(7l(El b. Ensure SFI records in FACTS 0. Send to NFTTU with proof of: i. Judicial Forfeiture (criminal prosecution); ii. Abandonment or, Documentation showing we cannot return firearm because that would place ownerlpossessor in violation of 18 USC 922(g)(5) EVIDENCE page 1? of 2? Approval date ii. Currency 1. Bulk photograph 2. DHS Form 4605 Currencnyonetary Instrument Seizure Inventory 3. Seal bag Controlled Substances 1. Bulk photograph and weigh 2. Always call HSI or DEA iv. Special transport rules 1. At least 2 armed officers 2. Cell phone, radio and body armor 3. Notify SECTOR 4. Must either TOT or transport to Seized Property Specialist (SPS) within 3 calendar days Instructor Notes: Brie?y review high risk property-"evidence and mention the more stringent transportation rules. DEMONSTRATION: ?Mock? DIIS Form 4605 has been provided in the student materials. and corresponds with the demonstration documents used during Execution ot? Criminal Warrants lesson. 3. Store evidence The FOD is responsible for the physical security of property seized, detained or otherwise held by ERO. a. Secure vault or special room with limited access i. Not all ERO offices are properly equipped with an evidence room ii. MUST FIRST: 1. Attempt TOT ICE HSI or CA 2. If unable, ERO may store in accordance with current CBPIICE policies EX: SFI stores in ERO firearms vaultfsafe b. Assign Evidence Custodians (full or part time) i. Assures evidence is properly packaged labeled 1. sealed with evidence tape 2. initialed and dated along sealing tape 3. completed evidence label on each package 4. original and copy of 6051 is with evidence and in case folder ii. Controls access to the evidence roomrvault andfor evidence 1. accompanies the casefseizing agent inside the evidence roomfvault 2. maintains logbook of all those personnel granted access (CF 6025) Maintains integrity and accountability for all seized evidence 1. annual inventory EVIDENCE page 18 of 2? Approval date 2. review of seizures and storage facility 300988 Instructor Notes: .. Speci?c. rules regarding storage. of evidence. will. not be. covered in this. class and are. established. by. the. Security. Management Branch. (Sivi B). Explain. to. students. that the. key. is. to. understand evidence. needs. to. be. stored in. a limited access. room.. and. that someone. should be. assigned. to. control. access. to. the. room. as. well. as. the. evidence- . This. is. all. important to. maintai ning the. chain. of. Review. ?mock?. log book. with the. entries that. corresponds. with the. above. ?mock?. 605 1. terms. (EPO. and. evidence. EPD. and. are. explained. the. log book will. continue. to. be. used for. demonstration. purposes. of proper. entries. for. evidence. entering and leaving the. evidence. vault- A copy. otTthe. logbook entries. has. been provided in the. student course. As. discussed in. EXECUTION. OF. CRIMINAL. WARRANTS. SW. photos. are. to. be. downloaded. onto. a CD. which will then be. placed in an evidence. bag- The. bag as. well. as. a 605 S. will. be. completed and the. CD. stored in much. the. same. manner. as. seized. D. EPO #4 Request laboratory examination of evidence. 1. ICE FDL Accredited federal crime laboratory dedicated to detecting and deterring travel and identity document fraud. a. Forensic Section: i. Fingerprint examination ii. Handwriting analysis and comparisons Documentexamination iv. Expert Witness testimony b. ICE Form ?3-003 i. Lab examination request form ii. Includes directions for submitting evidence in criminal cases, to include the requirement of a ?chain of custody? ((300) form instructor Notes:.. Review. ?mock?. ICE. 73?003. and resulting FDL. report, which corresponds. with the. above. evidence. #l J. 605 l. EPU. a. 2). and. package. 3 Demo. CDC. by. showing. how. FDL will. complete. upon receipt and how. ot?t?icer. will. complete. upon receiving evidence. and report back from. the. FDL- A copy. of the. FDL. request and report have. been provided. in the. student. course. materials. along. with. the. 605 S. showing additional. chain. of custody. 2. Outside Lab a. Federal vs. StateiLocal i. Ex: State and local police lab, DEA lab, Secret Service forensic experts ii. May be closer. faster, or better equipped than the FDL b. Letter (Form) of transmittal i. Medium by which lab analysisiexamination is requested ii. Include the following: 1. name. agency, contact information EVIDENCE page 19 of 2? Approval date 2. type of examination being. requested 3.. where evidence. and report are. to. be returned. 4.. urgency of request Hi. Check with. the. other agency. or. lab first to. see. if. they. have their own. laboratory. request form as. well as. their own chain of. custody. form. instructor Notes: BLOCK. 1. BREAK. POINT -. summarize. this. block. ofinstruction and. ensure. the. following was covered: 0. The objective for that block of instruction was. met Summarize. the information Remediate. by. reviewing in. greater. detail. or. giving the. student additional. practice. i Preview of what is to come in the next block on. instruction (sets expectations. [or future learning] Instructor Notes: BLOCK 2. START. POINT: Training day. 12 Bring the students back into. the. lesson by. doing the following: I lie?motivate the. students by asking is. essential to. their Ir Reorientation. to EVIDENCE via Advanced. Organizer (AU) Tell the students. what to expect in this block. ofinstruetion. and how it builds. on the previous block. Briefly review. previous. lesson's key topics. 5. Ask ifanyone has. any questions about the previous lesson. VIA. A0. and AG ENDA: Begin by. reviewing what students already know, how. to seize, establish CDC, transport and store evidence or contraband. This is similar to. the ERO ol'lieer?s. rules on dealing with alien preperty. in that. items are inventoried. receipts are. provided, forms. require witnesses and entries are. made in lcgbooks. . Orient the students. to this EPO entry}. by. using the above discussion. Expand. on. the. ERO. of?cer?s role by. discussing WH the. fact that we. will. process alien in EAB M. so. we. also. use. that to. document the. E.. EP0. Document evidencei (biti?IHZE) EABM. Property. Tab. Accounts. for all. seized. property. and evidence 1.. Conveyance. Controlled Substance. Document FirearmslAmmo .. OtherfReal. Estate. . Currency ii.. Any. time an. ERO. officer. seizes. or. detains. property with. the. intent of. using it as evidence, turning it over to another agency, or simply. because. it is. contraband, this. item. must be. re orded in EABM Establish. the relationship. of. the property. to. the (biti?IHZE) subject iv.. Enter. miscellaneous. identifying numbers. Document the seizing. officer as. well as. who. inventoried. the. item. l-44. drop-down. mmeww EVIDENCE. . page. 20. of. Approval date What do. I. say? HOW. ABOUT YOU LOOK AT. THE. TT LP and. see what might work? ii.. Will. be. printed. if the. item(s) islare. turned over. to. another. agency, to. include HSI. Instructor Notes; DEMONSTRATION: WHAT OTHER DEMO. IS Are we putting an example. 1-44. in the PW- I think so. . Direct students to the Joe ALIEN screen shots located at Lesson PlanleDTP?P?tStudent Thumb DrivelDay Have I oeate and open these screen shots while instructor displays on the main screen using EVIDENCE power point. Practice of EPO #5 will occur on TD l3 during Phase 19 ofthe CCS. FDTs will. enter [?44 in EABM. See CCS Guide for further instruction. Instructor Notes: BLOCK 3 START POINT: Training day 13 Bring the students hack into the lesson by doing the [ollowingz Remotivate the students. to why EVIDENCE is. essential to their?iobs Reorienlalion to EVIDENCE via Advanced Organizer (AG) Tell the students what to expect in. this. block. of instruction and how it builds on. the previous block. Brie?y review previous lesson?s key topics Ask if anyone has any questions about the previous lesson TO AID. MOTIVATOR, REORIENTATIUN 1VIA A0 and AGENDA: Begin by reviewing what students already know, how to seize. establish CDC, transport and store evidence or contraband. This is similar to the ERG of?cer?s rules on dealing with alien property in that items are inventoried. receipts are provided. forms require witnesses and entries are made in logbooks. Orient the students to this EPO by using the above discussion. Expand on the ERO ol'lieer?s role by discussing that rules involved with returning alien property are similar to that ot'evidenec. Just as certain property will not be returned to the alien, certain evidence {lort?eitable or ot? value or abandoned) will not be returned. When deciding how to properly dispose ol'seized property or evidence. you need to be aware ot? due process. asset l?ort'eiture policy and law. Dealing with another person's property exposes you to a high level ot'risk {civil and criminal liability). F. #6 Properly. dispose. of evidence. Instructor Notes: Practice during CCS Phase. 24. Day 13.314 and Evidence. P.H. on Day 5. 1. Evidence must be retained until: a. Trial b. Appeals completed. 0.. Exceptions. i. Defendant becomes fugitive prior to adjudication of case. it. Rule 41. (Court order to. return. property). 2.. Case. cannot be. closed. until. evidence. is. disposed. of. EVIDENCE page 21 of 2? Approval date a. Forfeitable property i. Administrative Forfeiture 1. $500,000 2. Exceptions: Drug Conveyance and Monetary Instruments ii. Judicial Forfeiture 1. ?9 $500,000 (exceptions above) 2. Real Property 3. ERO a. Fruits b. Contraband c. Instrumentalities (Facilitating items) b. Non-forfeitable property i. Evidentiary only ii. May be returned to owner NEVER RETURN fraudulent identity or travel documents c. Abandoned property i. DHS Form 4607 may require forfeiture order (if forfeitable type property) ii. Cannot return to possessor 1. Destroy 2. Return to actual owner 3. Return to issuing agency, social security card, birth certificate, foreign passport hisn'm'rm' DEMONSTRATION: Again, refer to the OPLA memo re: Disposition of seized firearms that have not been. abandoned or forfeited. US. v. Felici: Any firearm. possession by an alien illegally or unlawfully in the US is prohibited by law; thus, HRO cannot return. the firearm. to said alien. lfno one with a right to legally posses the firearm. has made a claim to such. ?rearm, or the agency is unable to identify anyone with a legal right to possess the ?rearm, then the ownership vests in the Gov and the firearm can. be disposed of in same manner as abandoned personal property. 3. RULES for destruction of evidencefabandoned property a. Memo to File i. Obtain AUSA approval ii. Obtain supervisory approval b. Methods: i. Destroy (shred, cut, crush) in presence of witness (EV) ii. Obtain signatures on Memo to File Place original in case file folder and give copy to EV EVIDENCE page 22 of 2? Approval date DEMONSTRATION: Review ?mock" destruction memo. which corresponds with the ?mock? 605]. evidence package-"tag. and FDL request. Demonstrate how to obtain proper approval ofthe destruction of evidence and obtain appropriate signatures. Copies of these forms have been provided in student course materials. II. Demonstration - Review ?mock?. evidence (fraudulent documents in the name Salvador Rivera) (copy in participant workbook) - Review completed DHS Form 60513 to correspond with ?mock? evidence (copy in participant workbook) - Review corresponding ?mock? evidence bag (copy in participant workbook) II Review ?mock? evidence logbook showing entries relating to the ?mock? evidence being placed in the evidence vault (copy in participant workbook) - Review ?mock? FDL request for analysis of the ?mock? evidence. (Copy in the participant workbook) 0 Review ?mock? FDL report. (Copy in the participant workbook). - Show how the FDL analyst and case agent will complete the ?chain of custody? section of the ?mock? 6051. whenever the evidence is sent for analysis 0 Discuss WHAT IS THE DEMO the EXAMPLE l?44 and the ENFORCE. Screen Shots?? - Review Memo to File. which corresponds with the ?Mock? evidence, 6051, etc. See instructor notes for a further information on the demonstration portion of this lesson. Ill. Student Practice instructor Notes: TD 9 Pro-practice (U930) to be conducted in MCR immediately following ICEEUPLAN lecture but prior to Phase 9 lab). Take a short time to refresh on Evidence LP and allow students to practice evidence collection. See Student Practice for further explanation. Provide case information: . .loe Alien. 123 Main St. Charleston, SC 29405 Observe and ensure students: Post their area with the Room form; TLIST completes top portion of the Room ID form; member conducts search and. when item is located. calls for EV and PH ?photographs? (simulation) the item in place and completes the photo log to include listing the item photographed; EV collects the item. places it in. the evidence bag and completes the (10518 and corresponding ?elds on the evidence bag; member completes bottom portion ofthe Room lD form; and. EV and-"or TL completes the page ofa blank SW. will collect and review the completed documents for accuracy and completeness. TD 9 Pre?practice (0930): EVIDENCE page 23 of 2? Approval date While in MCR prior to Phase 9 (ICEEOPLAN) breakout, take a short time to refresh on Evidence. LP and allow students to practice evidence. collection as follows: - Divide students into 8 groups of 3, and explain that each group will consist of an. evidence. custodian. (EV), a photographer (PH) and a team leader (TL). who also acts as a search team (ST) member 0 Provide each group with the first page of the photo log, the second page of a blank SW, a Room ID form, a 50518 and an evidence bag - Provide case information: Joe Alien 0 123 Main St. Charleston, SC 29405 0 Direct groups. to. search for. an item. (ex: highlighter). located on their desks . Observe and ensure students: 0 Post their area with the Room ID form member completes. top portion of. the Room ID form. 0 TLIST member conducts search and, when item is located, calls for EV and PH 0 PH ?photographs? (simulation) the item in place and completes the photo. log to. include listing the item. photographed. EV collects the item, places it in the evidence bag and completes the 60518 and corresponding fields on the evidence bag member completes. bottom portion of the Room. ID. form 0 TL andfor EV completes the page of the SW - Collect and review the completed documents for accuracy and completeness Phase 14: Refer to the FOTP-P (308 Guide for complete explanation. Each FOT will execute a criminal SW and AW and search for specific listed evidence. FOT members assigned the role of ST and EV will be expected to complete the following tasks: ST will search and locate evidence; ST will advise the TL and. EV of. the discovery; EV will collect and package. the evidence; EV will complete the DHS Form 50518; and EV or TL will transport the evidence back to the office (main classroom) and secure in the locker. (EPO Phase 19: Refer to the FOTP-P COS Guide for complete explanation. Each FOT will record property seized in (bl(7l(El l-44 tab. (EPO Phase 20: Refer to the FOTP-P (308 Guide for complete explanation. EVIDENCE page 24 of 2? Approval date Each FOT will prepare an FDL request for laboratory examination for at least one piece. of seized. evidence. to include. completion of the chain. of custody section. on the 50518. (EPO Phase 24: Refer to the FOTP-P CCS. Guide for. complete explanation- Each FOT will follow the required steps to dispose of evidence once their criminal case is closed. (EPO IV. Feedback and Remediation During the FOTP-P 008 Phase 14, use the EXECUTIONIEVIDENCE Laboratory Checklist (blend. of both Execution. of.Warrants. (EX) and Evidence (EV) lessons) to keep track of the FOTs completion of the following tasks: Knock announce -. demand entry (EX) Gain control and secure premises (EX) Announce to TL rest of team that the premises is ?safe? (EX) Pre?search walk-through and labeling (EX) Sketch (EX) 2?man STs. find all. evidence (EV). Rule 41 (date and time entered on warrant) (EX) (inventory prepared and witnessed) (EX). Rule 41 (copy of warrant and receipt provided) (EX) Photo Log (photos before, during, and after) (EX) Post-search walk-through and scene secured (EX) All SW documentation completed (Photo log, 5051s, room identification forms, etc) (EV and EX) 0 All AW. documentation completed. (Miranda, scratch213, USM312, etc) (EX) Evidence packagedflabeled (bags,.tags, labels mirror 6051s). (EV) Transportation and Storage (evidence lockers) (EV) During the post-execution. briefing, and will review the checklist with their respective FOTs, and critique their performance. If any of the above tasks were not performed correctly, the instructor(s) will explain what they did wrong or missed. GOBY 60518 have been created and are available to use to compare to the. FCT.documents..The. lab will provide enough time for retraining, which will. consist of the instructor advising the FOT what they should have done differently in order to pass the task. For Phases. 19-20. and 24, INSTRUCTOR. GOBYs have been created and are available to use to compare to the FOT completed documents. Critique and provide feedback as to whether WHAT {properly entered propertyr and printed I- EVIDENCE page 25 of 2? Approval date ICE Form 73-003 and evidence diapesition memos have been prOperly and accurately completed. EVIDENCE page 26 of 2? Approval date CONCLUSION I. Summary of. Main. Ideas. Your duties now include the execution of criminal arrest and search warrants. You are now being exposed to a high level of risk. It is imperative that you understand the importance of initiating and maintaining a chain of custody, as well as packaging, transporting and storing items. Proper disposition of seized and abandoned items can prevent allegations of impropriety. Integration. Having already learned how to develop probable cause to obtain criminal search and arrest warrants, and having also been instructed on the actual execution of criminal warrants, you have now been provided instruction on evidence. You will practice executing the warrants and searching for evidence during the final phases of your FOTP-P CCS. Objective(s) Ask students if all of the objectives for the class were met. Ask the students to recall 2 or 3 key components of the course. Takeaways include: - Recognizing evidence Initiating and maintaining a chain of custody Packaging, transporting, securing and storing evidence Requesting laboratory examination Disposing of evidence IV. Motivation As a member of an ERO field operation team, you will inevitably be involved in seizures of evidence, contraband and property. You are responsible for following ICE policy and procedures, and respecting the legal rights that are owed to all persons. Following the proper procedures on the collection of property and evidence will decrease your chances of being the target of any civil or criminal action, and increase the chance of having a successful case. V. Test of Final Activity See FOTP-P 008 Guide, Section VI. Assessment. FOTs will be provided with an Application for a SW, an actual SW, AW, Affidavit and other attachments. FOTs will also be provided with an FOW for target Oneil DAVIS. After completing the ICEEOPLAN and conducting the pre-operation briefing, FOTs will be expected to execute the SW at their assigned Raid Houses, to include searching for evidence as described in Attachment B, ?Description of Items to be searched for and seized?. Instructors will utilize GOBY 60518? and Evidence Bags for review and the PE. Assessment Checklist to score graded portions of this P.E. EVIDENCE page 2? of 2? Approval date