S.C. Code Regs. § § 73-80

Current through Register Vol. 48, 12, December 27, 2024

Section 73-80 - Duties of the Seizing Officer

A. The seizing officer shall create or shall cause to be created at his or her employing law enforcement agency a written record of any controlled substance(s) or suspected controlled substance(s) or paraphernalia that shall come into his or her possession.

B. The written record of seized controlled substance(s) shall be created as soon as is practical after seizure but not more than 72 hours thereafter unless:

(1) the seizing officer becomes physically incapacitated;

(2) creation of the written record would jeopardize a criminal investigation;

(3) the seizing officer receives permission from his or her superior to delay creation of the written record.

C. The written record shall contain at least the following:

(1) Name of the Seizing Officer

(2) Name of law enforcement agency employing the seizing officer

(3) Date of seizure

(4) Name of person from whom or specific location from which controlled substance(s) was seized (if known)

(5) State whether seizure was subject to a warrant, lawful arrest, or otherwise

(6) Place where the controlled substance(s) was seized

(7) Description of the substance(s) or container(s) alleged to contain a controlled substance using sufficient particularity to distinguish it.

(8) The disposition of the controlled substance(s) including the date delivered, the name of the person to whom delivered, the law enforcement agency employing that person, and the signature of the seizing officer.

D. The seizing officer shall create or cause to be created an Initial Custody Form. This initial custody form shall contain the following information:

(1) Name of the Seizing Officer

(2) Name of law enforcement agency employing the seizing officer

(3) Date of seizure

(4) Name of person from whom or specific location from which controlled substance(s) was seized (if known)

(5) State whether seizure was subject to a warrant, lawful arrest, or otherwise

(6) Place where the controlled substance(s) was seized

(7) Description of the substance(s) or container(s) alleged to contain a controlled substance using sufficient particularity to distinguish it.

E. If and when it is necessary to transfer custody of controlled substance evidence to an evidence custodial, the seizing officer will complete the Initial Custody Form by filling in or causing to be filled in the following:

(1) The date when the seizing officer delivered the controlled substance(s) to the evidence custodian.

(2) The name of the evidence custodian to whom the controlled substance(s) will be delivered by the seizing officer.

(3) The law enforcement agency employing the evidence custodian to whom the controlled substance(s) will be delivered.

(4) A statement by the seizing officer that the controlled substance(s) is in substantially the same condition as when he received it.

(5) If the controlled substance(s) was altered in any way while in the possession of the seizing officer, the seizing officer shall in writing fully describe the nature and extent of the alteration. The written record of alteration to the controlled substance evidence must be kept with the chain of custody record.

(6) The properly sworn and notarized signature of the seizing officer is required if the provisions of the Rule for Chemical Analysis and Chain of Custody as set forth in the South Carolina Criminal Practice Rules are to be effective. The signature of the seizing officer alone is sufficient to maintain the written record of the chain of custody.

F. The seizing officer shall deliver the completed original initial custody form together with the controlled substance evidence to the evidence custodian. The seizing officer may make copies of the initial custody form for his or her own records. The original signed Initial Custody Form must accompany the evidence until it is presented to the Forensic Laboratory for analysis.

G. The controlled substance(s) shall be submitted to a secure repository within the seizing officer's law enforcement agency or to a forensic laboratory as soon as practical after seizure but not more than 72 hours thereafter unless:

(1) the seizing officer becomes physically incapacitated;

(2) submittal of the controlled substance evidence would jeopardize a criminal investigation;

(3) the seizing officer receives permission from his or her superior to delay submission of the controlled substance evidence.

H. If the seizing officer reasonably believes that the controlled substance evidence may be contaminated by bloodborne or other communicable pathogens, he or she must securely package the evidence in a leak and puncture resistant container which is prominently marked with a red or orange biohazard symbol.

S.C. Code Regs. § 73-80

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