Evidence

TABLE OF CONTENTS

OVERVIEW

3.1 What is the purpose of this chapter? This chapter provides:

A. Minimum standards for the responsibilities, procedures, and guidelines to ensure the integrity of the chain of custody of evidence which is collected, recorded, stored, and disposed of by U.S. Fish and Wildlife Service (Service) officers; and

B. Information regarding the Rules of Evidence for United States Courts and Magistrates.

3.2 What is the scope of this chapter? The policy and procedures in this chapter:

A. Apply to all Service law enforcement programs, which include the Office of Law Enforcement (OLE) and the Division of Refuge Law Enforcement (DRLE).

B. Do not apply to lost, found, or abandoned property as referenced in 50 CFR 28.41, or material otherwise not relevant to a criminal, civil, or administrative investigation.

3.3 What is the authority for this chapter? The authority for this chapter is 446 Departmental Manual (DM) 7.

POLICY AND GUIDANCE

3.4 What is the Service’s overall policy regarding evidence? Service officers must follow this policy and the appropriate guidance in Exhibit 1, Procedures for Evidence Collection, Handling, and Storage. The term “Service officers” includes commissioned law enforcement officers as well as other employees who have responsibilities for evidence collection, storage, and disposal.

3.5 In addition to the guidance in this chapter, what rules of evidence do Service officers need to know? Since rules of evidence change based on case law, Service officers should refer to the current edition of Rules of Evidence for United States Courts and Magistrates.

TRAINING

3.6 What are the requirements for training on evidence? Service officers must participate in training on the proper collection and processing of evidence, which should happen at the beginning of the Service officer’s career, at a minimum, and when necessary due to changes in this policy or evidence procedures. The training must consist of a thorough review of this policy and the procedures in Exhibit 1, Procedures for Evidence Collection, Handling, and Storage. A Service officer’s supervisor may determine additional training is necessary and provide it or arrange for it as necessary.