S.C. Code Regs. § § 73-100

Current through Register Vol. 48, No. 10, October 25, 2024

Section 73-100 - Use of Best Evidence Sample Testing (BEST)

A. The BEST EVIDENCE SAMPLE TESTING (BEST) protocol is a system of drug evidence handling offered by the South Carolina Law Enforcement Division (SLED). SLED supplies at no cost to law enforcement agencies in South Carolina, pre-packaged kits consisting of at least the following:

(1) a control-numbered outer envelope with directions printed thereon which contains all the materials listed in 2 through 5 below;

(2) a control-numbered, tamper-evident, blue-trimmed plastic SLED Drug Analysis Security Envelope;

(3) a SLED Drug Analysis Request Form, a multi-part paper form;

(4) one--Certificate of Proof of Chain of Physical Custody or Control (Initial Custody);

(5) three--Certificate of Proof of Chain of Physical Custody or Control (Subsequent Custody).

B. Only controlled substance evidence may be submitted for analysis using the BEST system. No other kind of evidence may be submitted for Forensic Laboratory analysis using the BEST system. No other type of Forensic Laboratory analysis other than testing for controlled substance(s) will routinely be performed on evidence received using the BEST system.

C. The seizing officer shall inspect the blue-trimmed plastic SLED Drug Analysis Security Envelope for imperfections or damage. Security Envelopes which are punctured, cut, torn, or imperfect in any way shall not be used.

D. Any SLED Drug Analysis Security Envelope which is damaged, imperfect, unfit for use, or no longer needed shall be returned to SLED for destruction or disposition.

E. No law enforcement officer using the BEST system shall place or allow to be placed any of the following items in the blue-trimmed plastic SLED Drug Analysis Security Envelope:

(1) Hypodermic Syringes

(2) Razor Blades

(3) Any object or objects likely to cut, puncture, or tear the security envelope

(4) Money

(5) Any evidence requiring other kinds of scientific examination such as fingerprint processing or trace evidence analysis.

(6) Any wet or damp objects

(7) Freshly cut green plant material.

F. The seizing officer shall fill in or cause to be filled in the following information on the SLED Drug Analysis Request Form:

(1) County in which the offense occurred;

(2) Control Number--of the SLED Drug Evidence Security Envelope into which the controlled substance evidence will be placed;

(3) ORI (Originating Agency Identifier) number of the law enforcement agency requesting that Forensic Laboratory analysis of the controlled substance(s) be conducted;

(4) Type of crime;

(5) Incident date;

(6) Name, race, and sex of all the subject or subjects (defendants) if known, and the Social Security Number, Driver's License Number, or other unique identifying number if available;

(7) Inventory of the controlled substance(s) submitted for analysis using sufficient particularity to distinguish it.

(8) The signature of the seizing officer and the legibly printed name of the seizing officer on the bottom of the SLED Drug Analysis Request Form.

G. The seizing officer must record the control number of the SLED Drug Analysis Security Envelope into which the controlled substance evidence will be placed on the Initial Custody Form and on the written record of seized controlled substance(s) maintained by his or her law enforcement agency.

H. The seizing officer shall place only the controlled substance evidence and the manilla colored copy of the SLED Drug Analysis Request Form into the blue-trimmed plastic SLED Drug Evidence Security Envelope. The manila copy of the SLED Drug Analysis Request Form which is printed on heavyweight paper, shall be inserted into the SLED Drug Evidence Security Envelope so that it can be read through the clear, unprinted side of the Security Envelope.

I. Initial Custody and Subsequent Change of Custody Forms shall not be placed inside the blue-trimmed plastic SLED Drug Evidence Security Envelope.

J. The Seizing officer must fill in or cause to be filled in the following information on the front printed side of the blue-trimmed plastic SLED Drug Evidence Security Envelope:

(1) Agency, the name of the law enforcement agency employing the seizing officer

(2) Date sealed

(3) Name of seizing officer, legibly printed

(4) Signature of seizing officer

K. The seizing officer must properly seal the blue-trimmed SLED Drug Evidence Security Envelope before the controlled substance evidence contained therein leaves his or her custody following the directions for proper sealing of the SLED Drug Evidence Security Envelope.

L. The seizing officer must affix a biohazard warning symbol to the blue-trimmed drug evidence security envelope if he or she has reason to believe that any of the controlled substance evidence or paraphernalia placed therein has been contaminated by any biological materials.

M. Once the SLED Drug Evidence Security Envelope is sealed, no law enforcement officer or law enforcement employee shall attempt to re-open the Security Envelope except as herein described. If it is necessary to remove the evidence from a sealed SLED Drug Evidence Security Envelope for any reason, the bottom of the Security Envelope shall be obviously cut open along the dotted lines provided for the purpose. No attempt should be made to re-open a security envelope at its sealing surfaces. Law enforcement officers and/or law enforcement employees must return all deliberately opened SLED Drug Evidence Security Envelopes and all related SLED Drug Analysis Request Forms, Initial Custody Forms, and Subsequent Change of Custody Forms to SLED for disposition. Law enforcement officers or law enforcement employees who open any sealed SLED Drug Evidence Security Envelope shall prepare a written explanation of the reason(s) for such opening and verify the description and condition of the evidence, noting whether any changes in the evidence were found or adjustments were made, or whether the evidence was resealed in its original condition. The law enforcement officer or law enforcement employee shall place this written explanation together with the other written records created concerning this seizure of controlled substance(s). Evidence custodians may rely on the description of evidence said to be contained in the drug evidence security envelope by the seizing officer so long as the envelope is properly sealed and undamaged. Evidence custodians shall not open a sealed and undamaged drug evidence security envelope to verify its contents.

N. Each evidence custodian who prepares or causes to be prepared a Subsequent Change of Custody Form shall record the control number of the SLED Drug Evidence Security Envelope containing the controlled substance(s).

O. Seizing officers and evidence custodians shall in all other evidence handling activities associated with the SLED Best Evidence system use the same procedures as set forth in R.73-80 and R.73-90 except that the signatures of the seizing officer and all evidence custodians must be properly notarized.

S.C. Code Regs. § 73-100

Added by State Register Volume 18, Issue No. 4, eff April 22, 1994.