charge or the provost marshal.
Or, they may get approval from the security
officer, or a delegated representative. The source of approval will be that
appropriate to the case. This approval will be given by completing the final
disposal authority section. It is located on the original custody document.
f. Some items in the depository may be disposed of after consulting the
appropriate SJA. These items would be those determined by lab analysis to be
of no value as evidence.
g. Controlled substances not related to an investigation may be disposed
of by the evidence custodian.
Disposal must be done under the authority
outlined in paragraph 6f above.
h. Certain items of possible evidence may be disposed of by the agent or
MP prior to release to the evidence custodian.
These items are those other
than controlled substances. Disposal may be done only after consultation with
the immediate supervisor. He must give his approval. Such items would only be
disposed of if determined to be of no evidentiary value. In rare cases, verbal
approval may first be given followed by written approval. This approval will
be given by completing the final disposal authority section of the original DA
Form 4137.
i. Sometimes it is not practical or desirable to retain items of evidence.
Such items might include automobiles or those with serial numbers. Others may
be those required for use by the owner, delivered mail, or large amounts of
monies.
Other items might include perishable and unstable items.
In these
cases, disposal action may be taken immediately. If such is the case, it will
not be necessary to enter them into the evidence depository. Coordination with
the SJA will be effected.
The disposal authority portion of the custody
document will be completed by him. Sometimes it is not feasible to get written
approval from the SJA prior to disposition.
Verbal permission will then be
obtained; it will be followed by written authority.
j. Methods of Disposing of Evidence.
The following guidance on
disposition of evidence will be adhered to as applicable.
When a legal
question arises about methods of disposition, the SJA will be asked for legal
action
(1) US Government property will be released to the organization to which
issued.
(2) Items of personal property, legal to own and possess, will be
released to the rightful owner.
(3) US Government Treasury checks will be returned to the government
agency from which received.
(4) Other types of negotiable instruments will be released to the
respective firm.
These items would include money orders, traveler's checks,
and business firm checks. If the firm does not want the instrument, it will be
destroyed.
MP0100
7-8
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