FDLE Evidence and Property Management 2 — Questions and Answers
Question 1: How should biological evidence (blood, saliva, tissue) be packaged to prevent degradation?
- Sealed in airtight plastic bags immediately after collection
- Dried completely and packaged in breathable paper bags or envelopes (Correct answer)
- Placed in plastic bags with silica gel desiccant packets
- Refrigerated in sealed glass containers
Correct answer: Dried completely and packaged in breathable paper bags or envelopes
Biological evidence must be dried and packaged in breathable paper packaging. Airtight plastic bags trap moisture, promoting mold growth and bacterial degradation that destroys DNA.
Wet or moist biological evidence should be air-dried at room temperature before packaging. Once dry, it must be packaged in paper bags or envelopes — never in airtight plastic bags, which create a moist microenvironment promoting bacterial and fungal growth that degrades DNA within hours or days. Liquid blood samples are the exception — collected in sterile tubes with preservatives (EDTA tubes) for laboratory analysis.
Question 2: What is the proper procedure when an officer discovers that evidence has gone missing from the property room?
- Conduct an informal search before reporting to avoid embarrassing the agency
- Immediately report the missing evidence to a supervisor and document the discovery (Correct answer)
- Replace the missing evidence before the case goes to court
- Wait 30 days to see if the evidence is located before reporting
Correct answer: Immediately report the missing evidence to a supervisor and document the discovery
Missing evidence must be immediately reported to a supervisor and documented — any delay or concealment could constitute obstruction of justice and compromise prosecutions.
When evidence is discovered missing, officers have a mandatory duty to immediately report it to a supervisor. Steps: document the discovery in writing, notify the supervisor and property room manager, the agency must conduct an internal investigation, and prosecutors on related cases must be notified (Brady v. Maryland obligations). Failure to immediately report missing evidence can constitute obstruction of justice or official misconduct under Florida law.
Question 3: What is the recommended method for collecting a latent fingerprint from a smooth surface?
- Lift directly with tape without any powder application
- Apply appropriate fingerprint powder, photograph, then lift with fingerprint tape (Correct answer)
- Photograph only, as powdering destroys the print
- Collect the entire surface and submit it to the lab for processing
Correct answer: Apply appropriate fingerprint powder, photograph, then lift with fingerprint tape
Latent fingerprint collection on smooth surfaces involves: applying appropriate powder, photographing the developed print, then lifting with fingerprint tape and mounting on a card.
Processing sequence on smooth, non-porous surfaces: (1) Apply appropriate contrast fingerprint powder — black on light surfaces, gray/white on dark surfaces, (2) Brush gently with the grain of ridge detail to develop the print, (3) Photograph the developed print with a scale before lifting, (4) Apply lifting tape over the developed print, (5) Lift and mount on a contrasting backing card, (6) Label with case number, date, officer ID, and location. For porous surfaces (paper), chemical methods like ninhydrin or DFO are used instead.
Question 4: Under Florida law, what is the standard for disposal of unclaimed property held by law enforcement?
- Property may be disposed of immediately after a case is closed
- Property must be held for a specified period, notices given, and then proper legal procedures followed for disposal (Correct answer)
- Property can be auctioned at any time to fund department operations
- Officers may keep unclaimed property if it is not returned within 60 days
Correct answer: Property must be held for a specified period, notices given, and then proper legal procedures followed for disposal
Florida law requires that unclaimed property be held for a statutory period, that proper notices be provided to potential owners, and that legal procedures be followed before disposal.
Florida Statute §705.101 governs lost or abandoned property. Agencies must hold found/unclaimed property for a minimum period (typically 90 days), make reasonable efforts to identify and notify owners, and for property above a threshold, publish notice. After the holding period, property may be disposed of through auction, destruction, donation, or retention for agency use. Controlled substances and dangerous weapons have separate disposal requirements. Officers who improperly take or dispose of property face criminal charges under F.S. §838.022.
Question 5: What information MUST be included on evidence packaging labels per Florida CJSTC standards?
- Only the case number and item description
- Case number, date/time collected, location, collector's name/ID, and item description (Correct answer)
- The suspect's name and anticipated charge only
- Date collected and officer's badge number only
Correct answer: Case number, date/time collected, location, collector's name/ID, and item description
Florida CJSTC standards require complete documentation on evidence labels: case number, collection date/time, location, collecting officer's name and ID, and item description — supporting chain of custody.
Proper evidence labeling requires: (1) agency case/report number, (2) date and time of collection, (3) specific location where evidence was found, (4) name and ID/badge number of collecting officer, (5) detailed item description, (6) victim/suspect names if known, and (7) offense type. Incomplete labels can result in evidence being suppressed at trial or creating doubt about chain of custody. Permanent ink is required.
Question 6: A defense attorney requests access to evidence held by the police department in a pending case. What is the proper procedure?
- The evidence room officer may provide access based on the attorney's bar card
- Access requires formal discovery processes through the court or prosecutor's office (Correct answer)
- The requesting attorney can access evidence by contacting the lead detective directly
- Evidence is never shared with defense attorneys before trial
Correct answer: Access requires formal discovery processes through the court or prosecutor's office
Access to evidence by defense attorneys must follow formal legal channels — typically through discovery requests in the court process or via the prosecutor's office — not direct access to the evidence room.
Florida criminal discovery is governed by Florida Rule of Criminal Procedure 3.220. Defense attorneys obtain access through: formal discovery demand filed with the court, the state attorney/prosecutor's office, or court-ordered examination. Law enforcement agencies do not grant direct unmediated access to evidence rooms. All examinations should be documented and the chain of custody maintained. Florida's open discovery rules are among the most broad in the nation.
How should biological evidence (blood, saliva, tissue) be packaged to prevent degradation?