You are correct! When we visit property rooms across the country and while doing our two-day classes, we found that more often than not tracking 80% - 90% of our student's inventories may be misdemeanor evidence and years old. When you look around the US, the Statute of Limitation in most states is one year. There are some exceptions where two and three years may be the norm. In Michigan it is six years. For the purpose of this discussion, whether it's one, two or three years, when the Statute of Limitation has been reached and there is no warrant for the suspect, the case may be almost impossible to prosecute.  Let's ask the question, why do we still have it? Easy answer, NOT ENOUGH TIME to research and purge. 

 

One method of reducing unneeded inventory from the evidence room is to select items that have exceeded their respective statute of limitations and examine if they are candidates for purging.  If they meet certain criteria, they are categorically deemed to be "purgable", and a designated police manager / administrator and prosecutor approves the culling. This is also known as an "Administrative Kill".   This is not without risk, as there may be warrants issued, there may be companion cases, multiple defendants, or appeals pending but under certain circumstances a possible way to purge.  There are also categories of serious crimes that may contain DNA that should not be categorically purged.  

The Administrative Kill is where there is a buy in from the Chief or Sheriff and prosecutor to purge certain types of evidence. Included below is memo from a California Department and the County Prosecutor to the Property Room that has given them full authority to purge certain aged and identified property and evidence without any other approvals.

IAPE always suggests that the "Administrative Kill" proposal is always approved by the Chief or Sheriff as well as the agency's legal counsel and or Prosecutor. - 

Note:  This memo was for a California department and  the Penal Code Section are for example only

 

Example only for California
OFFICE OF THE CHIEF OF POLICE

XXXXX POLICE DEPARTMENT

 

CHIEF'S MEMORANDUM

 

To: Property and Evidence Unit

 

Subject: Disposal of Property and Evidence

 

Date: Aril 22, 2017

 

In order to deal with the critical overstock of property and evidence in the Property and Evidence Unit, and after consulting with the XXXXX County District Attorney's Office, all evidence and property associated with any case that it is not the subject of a court order or a request to retain/preserve evidence, and fits one of the two below criteria may be disposed of per the provisions of departmental policy:

1. Any case that is not charged or being actively investigated  and meets one of the below criteria:
1. Misdemeanor/infraction case one year old or older whose statute of limitations is one year as defined by California Penal Code section 802, except for firearm related cases.
2. Felony property crime two years or older whose statue of limitations is three years as defined by California Penal Code Section 801.
3. Felony property crime two years or older whose statute of limitations is four years as defined by California Penal Code Section 801.
4. Health and Safety Code case two years or older whose statute of limitation is three years as defined by California Penal Code Section 800.
5. Health and Safety Code case two years or older whose statute of limitation is six years as defined by California Penal Code Section 800.

                                                 OR

1. Any case that has been adjudicated that is not a sex crime, firearm related case, kidnapping (207-209 PC), first degree burglary (459 PC), robbery (211 PC), assault with a deadly weapon (245 PC), shooting at a dwelling or vehicle (246 PC), or attempted murder or murder (664/187 PC or 187 PC) and meets one of the below criteria:
1. Misdemeanor/infraction case whose statue of limitation is one year as defined by California Penal Code section 802.
2. Felony case whose statue of limitations is three years as defined by California Penal Code Section 801.
3. Felony case whose statute of limitations is four years as defined by California Penal Code Section 801.
4. Health and Safety Code whose statute of limitation is six years as defined by California Penal Code Section 800.

The Property and Evidence Unit Supervisor shall ensure that all items to be destroyed meet the above criteria prior to destruction. The Property and Evidence Unit Supervisor shall not interpret this order to mean that all items that fit these criteria must be destroyed and shall use their discretion when determining what items should be destroyed.

 

Reviewed by                                                 

By order of                                        

                      

Assistant District Attorney                                   

Chief of Police

County District Attorneys Office

Police Department                        

 

*Always communicate with your legal representative before attempting this process.