Jeffrey William Hull Chief Deputy Justice Division Ralph Chamness Chief Deputy Civii Division Bloke Nakclmura Chief Deputy Justice Division DISTRICT ATTORNEY SALT LAKE COUNTY SIM GILL EVIDENCE DISPOSAL MEMORANDUM To: State Law Enforcement Agencies in Salt Lake County From: Salt Lake County District Attorney?s Of?ce Re: Disposal of Evidence Date: September 8, 2011 This memorandum is intended to advise state law enforcement agencies in Salt Lake County when they may dispose of evidence seized in a criminal matter. This memorandum only addresses the disposal of evidence as it relates to the criminal prosecution of the case for which the evidence was seized. This memorandum does not address any other interest in the evidence, including the ownership interest by the rightful owner. The possessing agency is responsible for the proper disposition of the property. Where evidence is privately owned and can otherwise be lawfully possessed and owned, efforts should always be taken to return the evidence to the rightful owner. - I) EVIDENCE IN CASES WHERE CHARGES WERE NEVER FILED: Evidence that was seized in an incident where no charges were later ?led may be disposed of after (4) four years has past from the date the evidence was seized by law enforcement. Exceptions: Evidence seized in suspected homicides, severe physical abuse or sexual offenses shall be held. II) EVIDENCE IN CASES WHERE CHARGES WERE FILED BUT DEFENDANT IS A FUGITIVE: Evidence that was seized in an incident where charges were filed but the defendant has ?ed and is a fugitive may be disposed of after (10) ten years has past from the time the defendant failed to appear. However, prior to disposal photographs shall be taken of the item that are suf?cient in quality and quantity to identify the item. Photographs should include aspects of the item that help identify the item such as serial numbers, brand and trademarks. 111 East Broadway, Suite 400 Salt Lake City, Utah 84111-0000 Telephone (801) 363?7900 Fax (801) 531-4168 Exceptions: Evidence seized in homicides, severe physical abuse and sexual offenses, felony child abuse, aggravated assault or serious fraud or theft case shall be held. Serious fraud and theft cases are de?ned as those cases where the value of the property is $50,000.00 or greater. EVIDENCE IN CASES WHERE CHARGES WERE FILED BUT CASE IS NOT ADVANCING OR IS OTHERWISE AGING WTHOUT RESOLUTION: There are a number of circumstances. that cause a case to age after it has been ?led. Regardless of the circumstances, however, the case is still being prosecuted and any evidence related to the case shall be retained. IV) EVIDENCE IN CASES AFTER A TRIAL WHERE A VERDICT WAS REACHED: Where the defendant was found not guilty, the evidence may be disposed of. However, in homicides, severe physical abuse and sexual offenses, authorization for disposal from the assigned prosecutor must ?rst be obtained. Where the defendant was found guilty, the evidence may be disposed of 90 ninety days after the sentence was imposed, provided no appeal or other post verdict motion has been ?led. However, in homicides, severe physical abuse and sexual offenses, felony child abuse and felony gang cases authorization from the asSigned prosecutor must ?rst be obtained. V) EVIDENCE IN CASES THAT WERE FILED, BUT LATER DISMISSED. Criminal cases are dismissed for a number of reasons. While many are dismissed with no intention of re?lling, an equal, if not greater number of cases are dismissed with the full intention of re?lling the charges. Consequently, evidence possessed in dismissed cases cannot be summarily disposed of. Where (4) four years has lapsed since the dismissal of the case, the evidence may be disposed of except in homicides, severe physical abuse and sexual offenses. Where less than (4) four years have lapsed since the dismissal, evidence shall be retained.