Current through codified legislation effective September 18, 2024
Section 5-1408 - Possession of evidence and property(a) At the scene of any death subject to investigation under § 5-1405(b), the medical examiner, a medicolegal investigator, or a law enforcement officer shall take possession of any objects or articles which, in the opinion of the medical examiner, medicolegal investigator, or law enforcement officer, may be useful in establishing the cause and manner of death or the identity of the decedent and shall hold them as evidence. The Mayor shall issue regulations concerning the evidence in the possession of the CME and the transfer of that evidence to law enforcement agencies or the United States Attorney's Office. The regulations shall include requirements on the length of time evidence shall be preserved by the CME, and shall require that toxicology and histology specimens be preserved for periods of time consistent with the accreditation requirements of the National Association of Medical Examiners.(b) A law enforcement officer, a medical examiner, or a medicolegal investigator may take possession of all property of value found on or in the custody of the decedent. If possession is taken of the property, the law enforcement officer, medical examiner, or medicolegal investigator shall make an exact inventory of the property and deliver it to the Property Clerk of the Metropolitan Police Department; except, that the CME may instead transfer the property to the person with the right to control the disposition of the remains of the decedent under section 14 of the District of Columbia Funeral Services Regulatory Act of 1984, effective May 22, 1984 (D.C. Law 5-84; D.C. Official Code § 3-413) , or to the funeral services establishment that has or takes possession of the remains of the decedent. The CME may dispose of, in any reasonable manner, property of no apparent value or property deemed to be a hazard to health or safety. The Mayor shall issue regulations concerning the transfer of any such property from the OCME.Amended by D.C. Law 24-241,§ 2, 70 DCR 000232, eff. 2/23/2023.Amended by D.C. Law 24-45,§ III-H-3072, 68 DCR 010163, eff. 11/13/2021.Oct. 19, 2000, D.C. Law 13-172, § 2909, 47 DCR 6308; July 15, 2004, D.C. Law 15-174, § 201(a), 51 DCR 3677.