Current through Register Vol. 48, No. 5, May 24, 2024
Section 73-73 - Safety and SecurityA. Controlled substance evidence must at all times be handled with caution since it may represent a threat both to the health and safety of those persons handling the evidence and to the environment.B. All persons regulated by this article shall treat as contaminated any controlled substance(s) or paraphernalia which are or were: (1) in contact with blood or other body fluids which may contain bloodborne pathogens;(2) recovered from a body cavity;(3) seized from a person manifesting symptoms of a communicable disease;(4) seized from any location which may be contaminated by chemical or biological agents such as toilets and sewers.C. Law enforcement officers and law enforcement employees must follow the procedures set forth in the bloodborne pathogen control plan adopted by their employing law enforcement agency.D. All law enforcement officers and law enforcement employees who reasonably believe that controlled substance evidence in their custody or control may be contaminated by bloodborne or other communicable pathogens must: (1) Securely package the controlled substance evidence in a sealed, non-permeable, leak and puncture resistant container.(2) Mark the exterior of the secure package with a red or orange biohazard warning symbol.E. Approved safety containers or other engineering control devices must be used when packaging controlled substance specimens or paraphernalia which are jagged or sharp.F. Controlled substance evidence from two or more unrelated cases shall not be mixed with each other.G. Where practicable, all controlled substance evidence seized in connection with one criminal event shall be packaged and stored together in a sealed container. Exception is allowed in cases where:(1) Very large quantities of controlled evidence are seized.(2) Where security of the controlled substance(s) requires its separation.(3) Where prosecutorial considerations require the controlled substance evidence to be separated.H. Money, firearms, and other items of evidence which are not controlled substance(s) or paraphernalia shall not be stored in the same sealed container with controlled substance evidence.I. When packaging controlled substance evidence, care must be taken to insure that the physical condition of the evidence does not deteriorate. Wet evidence and/or freshly cut green plant material must not be placed into non-permeable sealed containers unless they are first thoroughly dried.J. Small items of controlled substance evidence such as powders, rock-like substances, pills, and capsules shall not be placed into a large outer evidence container unless they have first been provided some form of protective interior container such as a pill box, bottle, envelope, or plastic pouch.K. When controlled substance evidence is properly described and sealed within a tamper-evident container, evidence custodians may thereafter rely on the description of contents provided to them for the sealed package. It is not necessary for evidence custodians to open, inspect or inventory properly sealed evidence containers in undamaged condition. Evidence custodians may pass custody of the properly sealed evidence container in undamaged condition with accompanying description of contents to other evidence custodians who may also rely upon the description of contents.Added by State Register Volume 18, Issue No. 4, eff April 22, 1994.