Money as Evidence
By Dennis Davenport
As any commander or supervisor who has had any dealings with property and evidence will tell you, all evidence is important; but there are three things that are most important, drugs, guns and money. In our line of work money seems, to truly be the root of all evil. Almost every criminal dealing has a certain level of involvement with money - drug money, pay-off money, stolen money, found money. You name it, we see it, So how do we deal with it? This article will attempt to address some of the unique problems we encounter with money and some solutions.
Money comes into the evidence room for two basic reasons. Evidence or proceeds of a crime and non-evidence. The way we handle money, whether it is evidence or non-evidence, really should not be different. The basic principles behind our procedures should not change depending on how we acquire the money. When it comes right down to it, it is still the same old money.
Collection and Preservation:
The collection of money does not differ much from any other evidence. Proper documentation of the location and condition of the money is just as crucial as with other evidence, care should be taken not to disturb any trace evidence, latent fingerprints, or other material that is on the money that needs to be preserved. Special consideration should be given to money contaminated with chemicals, drugs and biohazards. These procedures should mirror procedures already established for such circumstances. The only difference is that this is still money. After any contaminate is removed the money still needs to be treated as such. What is important to note is the collection of the money. Money should always be counted by the booking officer and someone else. Two people should always verify and sign the property sheet or property tag when booking money. Some agencies require the witness of money be a supervisor, some require the property section open and verify money. Someone outside of the property evidence section should verify any money, this would eliminate any evidence techs from ever opening money except for release, exam or audit. This also eliminates the integrity of the evidence personnel be called into question.
Drug money
Is this money going to be sniffed by a drug recognition dog? Is the money going to be sniffed by a dog for other reasons, such as locating a kidnapped or missing person? Ideally, this should happen as soon as possible after the money is found. The scent is always better, the sooner the better. Particular care should be given not to cross contaminate the money. If this money is going to be stored before the dog sniff, it should be isolated from other money, drugs and clothing if possible. Some agencies employ the use of vapor-barrier bags to seal the money. Other agencies have special locations that can temporarily house this money, which is isolated from other items. The security of the evidence is important but so is the preservation of it in its original condition. This money should always be handled with gloves and sealed in a bag that restricts the scent from escaping. It should not be handled unnecessarily, as this could diminish the scent.
Money Contaminated with Drugs
A study conducted by the Department of Energy’s Laboratory concluded that 78% of the one-dollar bills in suburban Chicago are contaminated with cocaine. However, the study concluded that while cocaine becomes imbedded in the fibers of the currency, it does not rub off easily onto the fingers of the people who handle the money. In the study done with the Houston Advanced Research Center, some 278 bills were collected from 12 different locations in Chicago's western suburbs and at one location in Wisconsin. Bills were collected from schools, banks and restaurants. The bills were then categorized by wear, and tested to determine the levels of cocaine. The bills with the heaviest wear had the highest levels of cocaine, up to 1.04 milligrams. A scanning electron microscope reveled crystals of cocaine beneath the cross-fibers of the currency. Studies have shown that cocaine in this minute amount will not transfer to skin by casual handling. But money that has visual cocaine on the bill can transfer depending on the amount of handling. As with any drugs, contaminated money should be handled with gloves and a mask if necessary.
Dye-Packs – Dye stained Money:
Money that is collected after a bank robbery or other incident, that has been dye stained, is a biohazard. Most banks today use a red or other colored dye mixed with a chemical irritant. This makes the counting and storage of the money extremely difficult. It still must be counted and verified. Some agencies have used respirators or air packs while handling, while still others just bear it out. The level of protection at minimum should be gloves and some type of mask. The storage should be some type of vapor restricting bag. The money also needs to be dry before packaging. If the money is freshly stained, it is wet and wet items in sealed plastic bags spell trouble. The final disposition of the money usually rests with the bank it was stolen from; it then becomes their responsibility to dispose of the money.
Storage of Money
Money, unlike other evidence, should be stored under extra security. Most agencies have a separate safe or locked room inside the already secured evidence room. It is important to add this extra level of security for money. One question that always seems to come up is the practice of depositing money into a bank account. There are agencies that after verification require money to be deposited into a bank account somewhere and then checks drawn on the account to return money. This seems to be a good policy, in some cases but not all. The real question is whether the value of the money booked in on the case is the evidence or the actual bills. In drug cases where the money needs to be sniffed by a dog, the actual bills are needed and could not be sent to a bank. Drug buy money must be maintained as well as money that has any collector value. In all these cases, if the money were sent to the bank, you would not get the original bills back. On the other hand, in most other cases the money may be more secure in the bank. This does bring up another problem. If the money earns any interest while in the bank, who is entitled to the profit?
Audits
As previously stated, money is always a point of concern for police departments. Some kind of internal or external audit of money should take place on a regular basis. Agencies run the gambit on audits; the frequency, the personnel involved and the actual procedures used is always the decision of the department. An audit of money, where someone independent of the property/evidence section actually counts the money should be standard. The procedures should be clearly outlined and followed to ensure money is booked in correctly and accurately.
Releasing Money
Proper authorization is always recommended prior to release. Whether you fingerprint an individual or just check an ID, proper identification is also recommended. Money should be counted by the police department personnel in front of the person receiving the money. This ensures the person knows exactly how much money they are receiving. Some acknowledgement of the receipt of the money should also take place. This is usually a signature, but some agencies have taken a fingerprint or picture of the person as well. The amount they are receiving should be clearly defined on the paperwork. Any discrepancies should be handled pursuant to department polices.
Final Disposition of Money
We dispose of money in a couple of ways; releasing it to the owner or finder, transferring it to some type of city or department account, or disposing of it in other ways. Money that is contaminated with drugs, dyes, blood and other chemicals requires special handling. This contaminated money should not just be handed over to someone for deposit into an account. This brings up the matter of how to safely decontaminate money or dispose of it. The process for disposing of money varies widely from agency to agency. Some agencies burn contaminated money with drugs, some actually clean the money with soap and water, dry it and then turn it over to a cashier. The best way to dispose of contaminated money is to have it removed from circulation and destroyed properly by the only authorized agency in the United States for destroying money, the Federal Reserve Bank. There are several locations around the country and one located here in Denver Colorado. Money sent to them via certified mail can be destroyed of properly. If they can establish that 51% of each bill is accounted for, they will replace it to you by return mail. The Federal Reserve Bank in Denver is located at: P.O Box 5228-TA Denver, CO 80217-5228. They can be reached by telephone at (303)572-2300.
The Bureau of Engraving and Printing will also take damaged or mutilated money. Money can be sent to them at: Bureau of Engraving and Printing,OCRDS Room 344 BEPA, P.O. Box 37048,Washington D.C. 20013.
Whatever polices are adopted by a department, careful consideration should be given to handling money. In this day and age where, a defense attorney will rip apart every possible problem or discrepancy, associated with a case, we should make every effort to ensure our procedures are correct.
Dennis Davenport is the property evidence clerk for the Thornton Colorado Police Department. Located just north of Denver, Thornton is a small comunity of about 75,000 people, with a patrol staff of 105 sworn officers.
