December 30, 2010

STATE v. LEE A-1246-09T2 12-17-10

TATE v. LEE A-1246-09T2


To charge the act of masturbation in view of an adult as fourth-degree criminal sexual contact under N.J.S.A. 2C:14-3b and 2C:14-2c(1), rather than disorderly persons lewdness under N.J.S.A. 2C:14-4, the State must have evidence that the actor used physical force or coercion. Defendant's touching himself does not satisfy that element of the offense. The holding of State in the Interest of M.T.S., 129 N.J. 422 (1992) — that physical force is equivalent to the act of sexual contact or penetration without affirmative and freely-given consent of the victim — applies to invasion of the bodily integrity of the victim.

PAUL CORTESINI & THOMAS ZOLA V. HAMILTON TWP. PLANNING BOARD AND WAL-MART ESTATE BUSINESS TRUST A-3309-09T1 12-14-10

PAUL CORTESINI & THOMAS ZOLA V. HAMILTON TWP. PLANNING BOARD AND WAL-MART ESTATE BUSINESS TRUST A-3309-09T1


If an applicant for subdivision or site plan approval fails to apply for and obtain a necessary bulk variance, the land use approval may be challenged on that ground. However, if no party brings a timely challenge to the land use approval on that ground, a new site approval for a renovation of the premises, which does not increase or affect the existing nonconformity with the zoning ordinance, is not subject to attack on the ground that original land use approval did not include a necessary bulk variance.

STATE V. REEVEY A-5316-08T4 12-13-10

STATE V. REEVEY A-5316-08T4


We affirm the denial of post-conviction relief based on alleged ineffective assistance of counsel, who failed to secure defendant's presence in the courtroom during an allegedly critical stage of the proceedings. During a break in jury selection when defendant was not in the courtroom, the judge conducted a hearing to determine whether a material witness intended to appear and testify. The witness, who was in the courtroom, was placed on the witness stand and examined with respect to his intention to comply with the subpoena allegedly issued to him. Although denying receipt of a subpoena, the witness indicated he would appear and testify if a subpoena were served upon him. The judge then briefly questioned the witness respecting the statement he gave to the police and concluded from the witness's answers that a hearing pursuant to State v. Gross, 121 N.J. 1 (1990), was required and would be conducted in defendant's presence. Defendant was brought into the courtroom, and the Gross hearing was then conducted.

In his PCR petition, defendant raised multiple issues, which the PCR judge determined adversely to defendant. On appeal, defendant raised only the issue of his absence from the material-witness hearing, which he characterized as "a critical stage of the proceedings." Because this was an issue that could have been raised on direct appeal, we considered whether enforcement of the Rule 3:22-4 bar to preclude this claim would result in fundamental injustice. R. 3:22-4(a)(2).We found that the witness's testimony outside defendant's presence concerned only his obligation to testify at trial and whether he recalled the content of the statement he had given to the police. We noted that defendant was present for the Gross hearing and his counsel had an opportunity to cross-examine the witness at that time, including the very issues raised outside of defendant's presence. As a consequence, we found that there was neither an injustice nor a substantial denial of defendant's rights because his absence did not affect the fairness of the proceeding.

STATE OF NEW JERSEY VS. JASHOWN WALKER A-1137-08T4 12-13-10

STATE OF NEW JERSEY VS. JASHOWN WALKER A-1137-08T


Defendant was convicted of second-degree conspiracy to commit robbery and second-degree robbery. He is African- American and the victim is Caucasian. Defense counsel requested a cross-racial identification charge which the judge refused to give, concluding, in part, that the victim, who had worked indowntown Newark for several years, had "substantial connections" to African-Americans and people of other races.

We reversed. First, we concluded that a cross-racial identification charge should have been given because identification was the critical issue in the case and there was no independent corroboration of the victim's identification. Second, although it presented a close question, we concluded that the error was harmful under the facts presented and in light of the recent Special Master's Report in State v. Henderson, A-08, that discusses recent scientific analyses of the reliability of identification testimony and jurors' misconceptions in that regard.

STATE OF NEW JERSEY V. BERNARD E. LOPEZ A-4118-08T4 12-9-10

STATE OF NEW JERSEY V. BERNARD E. LOPEZ A-4118-08T4


The trial court held that, because defendant waived his right to testify at his trial for unlawful possession of a weapon, N.J.S.A. 2C:39-5b, he was precluded from testifying at the immediately-following trial for possession of a firearm by a convicted felon, N.J.S.A. 2C:39-7b. Acknowledging that the proceedings were two separate trials and not phases of the same trial, we held that defendant's waiver of the right to testify in the first trial did not operate to waive his right to testify in the second trial.

State v Maricic ___ NJ Super. __ (App. Div. 2010) A-5247-08T4 8/31/2010

State v Maricic ___ NJ Super. __ (App. Div. 2010) A-5247-08T


In this DWI matter, the Court held that defendant has the right to discover downloaded Alcotest results from the subject instrument from the date of last calibration to the date of defendant's breath test and any repair logs or written documentation relating to repairs of the subject Alcotest machine, without a showing of prior knowledge of flawed procedures or equipment. Although the requested items were not included in either Special Master King's list of fundamental documents that must be produced by the prosecutor in discovery or the list adopted by the Court in State v. Chun, 194 N.J. 54, 145, cert. denied129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), they are nonetheless of unquestionable relevance to a determination of the reliability of the Alcotest machine and procedures utilized.

STATE OF NEW JERSEY v. DONALD R. HAND A-3901-09T3 11-29-10

STATE OF NEW JERSEY v. DONALD R. HAND A-3901-09T3


In this appeal by the State, we determine whether a guilty plea to fourth-degree creating a risk of widespread injury or death, N.J.S.A. 2C:17-2(c), precluded defendant's subsequent prosecution for driving under the influence (DWI), N.J.S.A. 39:4-50. The municipal court judge denied defendant's motion to dismiss the DWI and reckless driving charges on double jeopardy grounds. On appeal de novo to the Law Division, Judge Kryan Connor, citing the "same evidence" test, found defendant's prosecution for DWI and reckless driving was barred. He vacated the guilty pleas and dismissed the charges.

We affirmed, rejecting the State's argument that the "same evidence" test set forth in State v. De Luca, 108 N.J. 98, cert. denied, 484 U.S. 944, 108 S. Ct. 331, 98 L. Ed. 2d 358 (1987), should not apply to guilty pleas but should instead apply to the actual evidence to be presented at trial. Because defendant's operation of his motor vehicle under the influence of alcohol was the reckless act upon which the indictment was based and also because the State required defendant, as part of his plea to the indictment, to admit that he operated his motor vehicle under the influence of alcohol, his subsequent prosecution for DWI was barred on double jeopardy grounds.

December 6, 2010

Evidence Field Manual New Jersey State Police Special & Technical Services Section

Evidence Field Manual

New Jersey State Police

Special & Technical Services Section

Table of Contents

TableofContents............................................................... i

I. INTRODUCTION ...........................................................1

II. FUNCTIONSOFTHESPECIALANDTECHNICALSERVICESSECTION ............2 FORENSICSCIENCELABORATORYBUREAU .............................2 1.RegionalLaboratories ............................................2 2. EquineTestingUnit .............................................2

.........................................................3 STATE REGULATORY & SERVICES BUREAU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. FirearmsInvestigationsUnit.......................................3 2. PrivateDetectiveUnit............................................3 3. Alcohol/DrugTestUnit ..........................................3 4. EvidenceManagementUnit .......................................4 FORENSICINVESTIGATION BUREAU ....................................4 1. ForensicPhotographyUnit ........................................4 2. CompositeDrawingUnit .........................................4 3. CrimeSceneInvestigationUnit ....................................5 4. BallisticsUnit ..................................................5

III. COURTMATTERS .........................................................6

IV.PROCEDUREFORSUBMITTINGEVIDENCETOTHELABORATORY .............7 1. GeneralInformation....................................................7 2. Paperwork ...........................................................7 3. EvidencePackaging/Marking&Sealing ....................................7 4. ReturnofEvidence ....................................................8

V. LATENTPRINTS ...........................................................9 1. Examination ..........................................................9 2. Submission...........................................................9 3. Preservation ..........................................................9 4. MaterialsandSurfaces..................................................9 5. Comparison .........................................................10

VI.OTHER EVIDENCE .......................................................11 NARCOTICS&DANGEROUSDRUGS ....................................11 General Information for Narcotics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Powders ........................................................13 Tablets&Capsules ...............................................13 Liquids .........................................................13 Vegetation ......................................................13 Plants ..........................................................13 BulkSeizures ....................................................13 Hypodermic Syringes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

i

TOXICOLOGY ........................................................14 Urine ..........................................................14 Blood ..........................................................14 AlcoholicBeverages(Drinks) .......................................14

BIOLOGICALEVIDENCE ...............................................15 Blood ..........................................................15 SeminalStains ...................................................16 Condoms .......................................................17 Saliva Stains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SexualAssaultEvidenceKits .......................................19 FingernailSwabs .................................................19 KnownControlSamples ...........................................20

TRACE EVIDENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Hairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Fibers ..........................................................21 Glass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Impressions and Toolmarks ........................................22 Cords, Ropes, Wires, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Vehicle Bulbs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Tape(AdhesiveTape) .............................................22 Paint ...........................................................23 Soil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Arson ..........................................................24 Explosives ......................................................24 Bullet Holes & Gunshot Residue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

BALLISTICS ..........................................................25 AMMUNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 FIREARMS .....................................................26

COMPUTERCRIMESEVIDENCE ........................................27 HARD DRIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 COMPUTERS ...................................................27 VIDEO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Request for Examination of Evidence (SP-631). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Biochemical Analysis Questionnaire (SP-648) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

ii

Revised: 9/02

1

I. INTRODUCTION

This manual has been written by personnel from the Special & Technical Services Section of the New Jersey State Police with the following objectives:

To provide law enforcement agencies investigating matters within the State of New Jersey with an overview of forensic services offered by the New Jersey State Police.

To offer guidelines for collecting, preserving and submitting physical evidence to the laboratory for examination.

The importance of physical evidence in a case cannot be underestimated. The credibility and integrity of the evidence are directly predicated upon the proper handling of the evidence from its initial observance through presentation in court.

The evidence procedures in this manual have been developed for the purpose of providing the investigator with a working knowledge of physical evidence handling. As such, this manual should be considered as a guideline of procedures relative to the handling of physical evidence.

It is not feasible to outline procedures for every scenario involving physical evidence. Specific information relating to the handling of evidence should be directed to the laboratory serving the submitting agency.

II. FUNCTIONS OF THE SPECIAL AND TECHNICAL SERVICES SECTION

FORENSIC SCIENCE LABORATORY BUREAU 1. Regional Laboratories

The laboratory system offers forensic analyses and subsequent expert testimony on matters relative to criminal statutes. These services are available to Federal, State, County and Local law enforcement agencies investigating matters within the State of New Jersey. Scientific examinations in areas of criminalistics, DNA., drugs, and toxicology evidence are provided by the laboratory system. Contact the regional laboratory that services your agency at the following locations:

Central Regional Laboratory

Sierra Park Office Complex 380 Scotch Road Ewing, NJ 08628 (609) 671-0022 / fax 671-0037

North Regional Laboratory

1755 Rte. 46 East Little Falls, NJ 07424 (973) 256-7790 / fax 256-0621

South Regional Laboratory

2. Equine Testing Unit

1101 South Whitehorse Pike Hammonton, NJ 08037 (609) 561-2060 / fax 561-5708

East Regional Laboratory

Sea Girt Avenue Sea Girt, NJ 08750 (732) 449-0303 / fax 974-8928

The Equine Testing Unit performs pre-race and post-race testing of standard bred and thoroughbred horses and conducts testing of drivers and jockeys licensed by the New Jersey Racing Commission. The State Police Regional Equine Testing Laboratory is located at the Meadowlands and can be contacted at (201) 460-4125.

Revised: 9/02 2

STATE REGULATORY & SERVICES BUREAU 1. Firearms Investigations Unit

In administering the state firearms control laws, the unit is required to promulgate standards and qualifications for the manufacture and sale of firearms as well as develop forms for distribution to firearm dealers, police departments and county courts. A central repository of registration forms relating to the acquisition of firearms, a registry of permits to carry issued by the courts and permits issued to retired police officers in this State, is maintained by this unit.

The unit is required to investigate illegal firearm transactions occurring throughout the State, and will assist all law enforcement agencies with firearms related investigations.

The Firearms Unit, in conjunction with the Bureau of Alcohol, Tobacco and Firearms also provides the service of tracing the origin and history of any firearms when needed to assist investigations by law enforcement. The Firearms Unit is located at Division Headquarters and can be contacted at (609) 882-2000 extension 2487.

2. Private Detective Unit

The Private Detective Unit has the statutory responsibilities for the administration and enforcement of all laws regulating private detective agencies and their employees within the State of New Jersey. Personnel of the unit investigate and screen all applicants for licensing, process the required documents, and regulate licensing in accordance with the Private Detective Act of 1939 and the New Jersey Administrative Code. Unit personnel maintain files on all licensed private detective agencies and their employees, conduct inspections and audits of agencies, and investigate complaints and violations of the Private Detective Act.

The Private Detective Unit is located at Division Headquarters and can be contacted at (609) 882-2000 extension 2435.

3. Alcohol/Drug Test Unit

The Alcohol/Drug Test Unit is responsible for providing training in Breath Testing, DWI/Standardized Field Sobriety Testing, Drug Recognition Expert and Breathalyzer Re-certification to the law enforcement community in New Jersey. Unit personnel are responsible for the inspection, maintenance, repair and certification of more than 900 evidential breath testing instruments statewide. Unit personnel are also responsible for providing expert testimony in DWI cases in support of the Prosecuting Attorney and Arresting Officer. Administrative personnel maintain the records of Breathalyzer instrumentation, operators, instrument inspections and training programs. Lectures and demonstrations are also conducted to educate through public awareness. The Alcohol/Drug Test Unit is located at the Central Regional Laboratory and can be contacted at (609) 671-0040.

Revised: 9/02 3

4. Evidence Management Unit

The Evidence Management Unit provides for the handling, storing, security, maintenance and ultimate destruction, through prosecutorial authorization, of evidence and property generated by the New Jersey State Police. Additionally, they are responsible in providing assistance to the regional laboratories with the evidence intake and distribution of submissions from the laboratory evidence vault. The Evidence Management Unit has three regional storage sites which can be contacted through the unit’s administrative offices located at Division Headquarters in West Trenton at 609- 882-2000 extension 2510 or 6317.

FORENSIC INVESTIGATION BUREAU

The Technical Bureau consists of the following individual units which provide complete scientific and field services to law enforcement and other governmental agencies within the State of New Jersey.

1. Forensic Photography Unit

The Forensic Photography Unit maintains a complete photography laboratory. Black and white, color, ultraviolet and infrared photography are utilized in conjunction with requests submitted to the Regional Laboratories.

The Forensic Photography Unit assists in the preparation of exhibits for courtroom presentation. Typical requests include, but are not limited to, microscopic particles, documents, latent fingerprints and ballistics evidence. The Forensic Photography Unit also handles field photographic assignments that are non-criminal in nature.

The Forensic Photography Unit is located at Division Headquarters and can be contacted at (609) 882-2000 extension 2687.

2. Composite Drawing Unit

The services of the Composite Drawing Unit are available to all law enforcement agencies.

A composite sketch is a drawing approximating a suspect’s facial appearance. In order to enhance accuracy, the artist should be called into the investigation within several days of the incident while the memory of the eyewitness’ memory is fresh.

Multiple eyewitnesses that are used in describing the suspects appearance should be questioned separately and their initial descriptions filed for future reference.

In addition to drawing composite sketches, this unit also does age enhancement, reconstructs facial features of mutilated or decomposed bodies, and sketches vehicles, jewelry, tattoos, etc. for identification purposes.

Unit members are skilled interviewers and testify as expert witnesses in all aspects concerning the preparation of a composite sketch as well as memory and perception. The Composite Drawing Unit is located at Division Headquarters and can be contacted at (609) 882-2000 extension 2284.

Revised: 9/02 4

3. Crime Scene Investigation Unit

The Crime Scene Investigation units are available at all times to provide crime scene investigation services within the State of New Jersey. Services are offered to requesting agencies in three categories in accordance with their needs:

Full Service - The complete handling and processing of primary and secondary crime scenes are provided. Services include: crime scene documentation with still photography, videography and diagraming; latent fingerprint examination and comparison; recognition, documentation, collection, packaging, handling, preservation, transfer and submission of evidence according to the rules of evidence. The unit members also provide expert testimony in court.

Partial Service - The State Police Crime Scene Investigator can provide whatever services are necessary to meet the needs of the requesting agency by working with the Crime Scene Investigator of that agency.

Consultant Services - The State Police Crime Scene Investigator can serve as a consultant to the Crime Scene Investigators of the requesting agencies either on the scene or by telephone. He will advise on all matters dealing with the processing of the crime scene and the subsequent submission of evidence to the laboratory.

In connection with the services listed above, the State Police Crime Scene Investigator can arrange for other specialists (i.e., chemists, blood spatter experts, ballistics unit personnel, etc.) to respond to the scene if needed. The following information is provided as contact numbers for the services of the Crime Scene Investigation Units.

4. Ballistics Unit

North Crime Scene Unit

N.J.S.P. Totowa Headquarters (973) 785-9412

Central Crime Scene Unit

N.J.S.P. Princeton Headquarters (609) 452-2600

South Crime Scene Unit

N.J.S.P. Buena Vista Headquarters (609) 561-1800

The examination of firearms, discharged bullets, cartridge cases, shotgun shells and ammunition of all types is conducted by this unit. The unit also performs shooting scene reconstructions utilizing various techniques to include bullet trajectory analysis and examination of bullet strikes to objects (i.e., vehicles, windows, buildings, etc.). The Unit will respond to these scenes at the request of law enforcement agencies. The Unit also conducts examinations of clothing in conjunction with the Regional Laboratory System, with reference to powder residues approximating the distance from which a shot was fired. The

Revised: 9/02 5

clothing is submitted to the Regional Laboratory as specified in the Evidence Guide under “Clothing”. Obliterated serial numbers of weapons are restored by the Ballistics Unit. The responsibility for destruction of weaponry falls under the “Evidence Management Unit”. The Ballistics Unit is located at the Central Regional Laboratory and can be contacted at (609) 671-0033.

III. COURT MATTERS

Due to the extremely high number of court appearance requests, subpoenas for laboratory personnel must be received by at least FIVE WORKING DAYS prior to a scheduled court appearance. It is presupposed that laboratory documents for that particular case have been proffered in accordance with 2C:35-19.

All subpoenas and laboratory correspondence must include the LABORATORY CASE NUMBER in order to be processed.

Prosecuting agencies are encouraged to discuss the case with the subpoenaed individual prior to court appearance. Appointments must be made to schedule pre-trial preparation meetings.

Revised: 9/02 6

Revised: 9/02

7

IV. PROCEDURE FOR SUBMITTING EVIDENCE TO THE LABORATORY

1. General Information

A. Please contact the laboratory that services your area with any questions you may have prior to submitting your evidence. This can often alleviate difficulties you may encounter and expedite the evidence reception process.

B. Only submit items that need analysis.

C. Be cognizant of cross contamination with regard to your packaging. Placing multiple unsealed items in one bag may lead to the eventual elimination of that evidence.

D. All potential Bio-Hazard items must be plainly marked with Bio Hazard stickers. This is in accordance with directives set forth by PEOSH/OSHA concerning Bloodborne Pathogens. These stickers are available from supply companies such as Sirchie Inc.

1. If evidence is suspected of being contaminated with Hepatitis B, HIV, or other contagious viruses, it must be noted on the ‘Request for Examination of Evidence’.

E. The laboratory will not re-analyze evidence previously analyzed by an outside laboratory for the same type of examination.

2. Paperwork

A. Evidence submitted must be accompanied by three ‘Request for Examination of Evidence’ forms. (SP631; see page 26). One typed original and two photocopies. State Police will present an additional copy for a total of four.

B. All Bio/ Chem. or DNA evidence will in addition, require a completed ‘Bio-Chem Questionnaire’ form. (SP 648). Refer to the DNA submission section for information relating specifically to the submission of DNA cases.

C. Ballistics Cases must be accompanied by an additional ‘ Request for Examination of Evidence’ form when submitted in conjunction with other examinations.

D. The original and all copies of the ‘ Request for Examination of Evidence’ forms will be individually signed by the person delivering the evidence.

3. Evidence Packaging/Marking & Sealing

A. Refer to the specific areas of evidence collection in this manual for guidance on properly packaging particular evidence. Contact Laboratory Director for any questions.

Revised: 9/02

8

B. Acceptable packaging containers (depending on the type of evidence) include: 1. Paper bags

2. Plastic bags (clear plastic is preferred for drug cases) 3. Boxes - sturdy cardboard 4. Manilla envelopes 5. Small glass vials (typically arson and liquid drugs) 6. Metal cans (typically arson)

C. Acceptable seals -

1. Tamper proof evidence tape 2. Reinforced packaging tape 3. Heat seal

A package is considered sealed if the contents cannot readily escape and the seal/container has not been tampered with.

MANILA ENVELOPE CLASPS, ZIPLOCK BAGS AND STAPLES DO NOT CONSTITUTE AN ACCEPTABLE SEAL.

D. The individual sealing the evidence will place their initials or individual identifier across the seal or tape onto the package itself.

E. Information on each package should minimally include:

1. Name of the Agency 2. Agency case number 3. Item number 4. Date

5. The investigator’s identifier Additionally, packaging of criminal cases should include:

1. Where the item was found 2. By whom 3. Date & time found 4. Description of item

4. Return of Evidence

A. All State Police evidence submitted to the laboratory, will be turned over to the Evidence Management Unit upon completion of analysis.

B. Evidence submitted to the laboratory by non-State Police agencies, will be returned to the submitting agency upon completion of analysis.

C. All Urine and Blood specimens submitted to Toxicology for analysis, will be destroyed ninety (90) days after analysis is completed. See Note on page 14 for further details.

D. Blood submitted for DNA analysis will be destroyed after preparing a suitable stain.

Revised: 9/02

9

V. LATENT PRINTS 1. Examination:

A. Latent print examinations will be conducted on evidence submitted to the regional laboratories when submitted in conjunction with other laboratory examinations.

B. Evidence being submitted for latent print examinations ONLY can be submitted directly to one of the regional Crime Scene Investigation Units.

2. Submission:

A. Evidence submitted directly to the regional laboratories for latent print examination in addition to other laboratory analysis must specifically state the request for latent examination on the ‘Request for Examination of Evidence’ (SP 631) and indicate which items are to be examined for prints.

B. Evidence submitted directly to the regional Crime Scene Investigation Units must be accompanied by a copy of the Investigation Report associated with the items for latent print analysis. A ‘Request for Examination of Evidence’ is not required for evidence submitted directly to the regional Crime Scene Investigation Units.

3. Preservation:

A. Evidence should be submitted for latent print examination as soon as possible after its discovery.

B. The primary precaution in all cases is the prevention of adding prints to evidence, or of destroying those already present.

C. All articles submitted should be packaged in such a way as to eliminate or minimize the surfaces of the article from contacting the packaging material.

D. Protect latent print evidence from careless and improper handling and packaging which can damage any latent prints which may be present and render them useless.

4. Materials and Surfaces:

A. Non-Porous/Hard Surface Items (i.e., metal, glass, plastic, etc.) Package in paper bags, cardboard boxes to avoid movement (no plastic bags)

B. Porous/Absorbent Items (i.e., paper, cardboard, currency, checks, etc.) Package in manilla envelopes, paper and/or plastic bags.

C. Soft/Pliable Items (i.e., vinyl, leather, rubber, wax, caulk, putty, etc.) Package secured to a fixed surface to avoid movement, crinkling, or folding (no plastic bags).

Revised: 9/02

10

D. Visible Print Items (i.e., blood, dust, adhesive coated surfaces, etc.) Package secured to a fixed surface to avoid movement, crinkling, folding or adhesion to packaging (no plastic bags).

Note: Any print in blood or the like needs to be air dried before packaging and submission. In addition, visible prints should be documented and photographed prior to submission.

E. Special Surfaces/Conditions Contact your regional Crime Scene Investigations Unit for instructions on submissions and preservation.

5. Comparison:

A. Comparison examinations between any latent prints obtained and suspect and/or elimination prints will be conducted by detectives from the regional Crime Scene Investigation Units.

B. Elimination and /or suspect prints, or suspect names with and S.B.I. number should be submitted with the case. When applicable, dead person prints should also be submitted for comparison.

C. All supplied print cards or inked impressions should be treated as items of evidence and contain all of the descriptive information of the subjects to be compared.

D. Any prints obtained which remain unidentified will be forwarded to the New Jersey State Police Automated Fingerprint Identification System (AFIS) where a search against a fingerprint database will be conducted in an attempt to identify a potential candidate.

Revised: 9/02

11

VI. OTHER EVIDENCE

NARCOTICS & DANGEROUS DRUGS General Information for Narcotics

A. The request should indicate which specimen was in the possession of a specific individual.

B. If one bag is used to hold numerous specimens, the bag should not be given a separate item number.

C. Different bags containing a number of specimens found in the same place or on the same person should have the same item number with sequential sub-numbers, e.g. item 1-1, 1- 2, 1-3, etc.

D. Separate drugs by type. Do not mix specimens with other unlike drugs.

E. Be sure to distinguish between ‘Possession’, ‘Possession with Intent to Distribute’ and ‘Distribution’ charges on the ‘Request for Examination of Evidence’ form (SP 631).

F. List what you believe the CDS is suspected of being.

G. List the names of additional suspects in the narrative box and designate as S2, S3, etc.

H. In order to facilitate pre-trial disposition of cases involving non-critical weights, 1. For single defendant cases, only one sample from one specimen will be analyzed. 2. For multiple defendant cases, only one sample from one specimen per defendant

will be analyzed. Note: If needed for trial, additional samples selected at random and consisting of a representative sampling will be analyzed upon written request.

I. The agency may request that a specific item be tested (Ex. Probable cause). Note that item and reasons for analysis on the ‘Request for Examination of Evidence’.

J. Re-submissions: **Note: Telephone the laboratory before re-submitting the evidence.

1. Evidence will not be re-analyzed for the same tests. Unexamined evidence which needs to be analyzed will be at the request of the Prosecutor in writing.

2. The entire sealed bag and its contents, as it was returned to the agency from the laboratory, is to be resubmitted with a new ‘Request for Examination of Evidence’. Refer to the laboratory number on the original ‘Request for Examination of Evidence’ for the laboratory number.

K. SYRINGES - For the safety & health of all personnel, do not submit syringes without

Revised: 9/02

12

L. M.

prior authorization of the Laboratory Director. Syringes will not be received or analyzed unless it is the only item in the case and the prosecutor has demonstrated the need for the examination.

Disorderly Persons Offenses (possession of marihuana) will not be accepted unless a not guilty plea is entered and a court date is scheduled.

Estimated weights of drugs should not be documented on the ‘Request for Examination of Evidence’ form (SP 631)

NARCOTICS & DANGEROUS DRUGS

SPECIMEN Powders

Tablets & Capsules

Liquids Vegetation

Plants * If identification of

the actual plant is needed, Submit up to 4 intact plants, otherwise submit dried leaves from plants.

Bulk Seizures

Hypodermic Syringes

PACKAGING

Sealed clear plastic bags; druggist folds, sealed pill box or vial, glassine or foil envelopes.

Sealed clear plastic bag or original containers.

Leak-proof containers

Sealed, clear plastic or paper bag.

Sealed paper bags or cardboard boxes. NO PLASTIC.

Call the laboratory for specific information.

Safety tubes with Bio-hazard stickers.

CONTROL

AMOUNT

COLLECTION

Separate by type of drug and different locations where the items were found and package each individually.

Do not write on tablets or capsules. Separate by suspect to include type of drug, appearance and different locations and package them individually.

Refrigerate beverages or any liquids that may spoil.

Must be AIR DRIED prior to placing in sealed bags. Submit used bowls only from pipes and package separately.

Photograph or video the plants at the scene.

Remove all loose dirt from roots.

Photograph at the scene & contact laboratory prior to submission.

Refer to page 12; Section VI; 1; H.

All

All

All All

All air dried, stripped leaves from plants.

OR

Intact Plant(s) including roots and stems.

* Call laboratory

Revised: 9/02

13

TOXICOLOGY (Only Living suspects and / or victims)

SPECIMEN Urine

* Submit with Blood for drug testing. Urine is not tested for alcohol content.

Blood

*Obtain both blood and Urine samples for Drug testing

Alcoholic Beverages (Drinks)

PACKAGING

Clean, plastic, leak proof containers in sealed plastic bags. Leaking containers will be refused at time of submission & returned to agency for proper packaging.

Vials containing an anticoagulant such as EDTA or potassium oxalate (Kox) & a preservative such as sodium fluoride (NaF).

These are generally grey top vials.

New re-sealable airtight containers, such as specimen cups or amber glass bottles.

CONTROL

Submit entire blood collection kit for analysis.

Vials will be removed upon submission at evidence reception; Remaining items will be returned to agency for the evidence chain of custody.

No control is needed for alcohol content

AMOUNT

Two ounces or 50 mls.

For DFSA *(see below) Cases: 100ml

Two - 10cc vials needed for drug as well as alcohol analysis.

DFSA Cases: Three (3) 10ml grey top vials

1⁄2 ounce to 3 ounce for alcohol content.

COLLECTION

Urine samples should be refrigerated as soon as possible and may be frozen prior to submission. Submit drinking glass and contents separately for DFSA cases

Gently mix the sample to preserve. Properly label vials with subjects name, medical personnel name and date/time sample was drawn.

Refrigerate the sample and deliver as soon as possible.

Remove any solid materials or ice from the sample.

Refrigerate any mixed beverage samples to avoid spoilage.

NOTE: Ninety days after analysis has been completed; URINE & BLOOD specimens and their containers are DESTROYED. It is incumbent upon the submitting agency to notify the laboratory if a “HOLD” on that destruction is necessary. It is also necessary for the submitting agency to retain all records necessary to show chain of custody, and specimen identification.

* DFSA : Drug Facilitated Sexual Assaults

Revised: 9/02 14

TYPE Blood

BIOLOGICAL EVIDENCE COLLECTION

Liquid Sample: A: Collect onto at least two sterile cotton swabs, air dry,

package, label, and submit to the lab.

Dried Stains: *Submit stains only if entire article cannot be submitted

A: Stains on non-porous items (glass, tile, metal) may be scraped with a clean scalpel and collected directly into a druggist fold. Seal, package, label and submit to the lab. This method should only be used if no loss of material will occur.

B: Collect onto cotton swabs moistened with a minimal amount of distilled water, air dry, package, label and submit to the lab.

Bloodstained Clothing: A: Thoroughly air dry clothing over clean paper, out of

direct sunlight and heat sources, package, label, and submit to the lab. Paper which evidence was dried over should be collected, packaged and labeled to preserve any potential trace evidence, and submit to the lab.

Bloodstained Knives, Guns, Rugs, Car Seats, Rags, Bed Clothing or other stained objects:

A: Submit the entire item to the laboratory. If not possible to submit entire item, isolate stained area, remove (cut out, scrape or swab), package, label, and submit to the lab.

PACKAGING

Thoroughly air dry stains and package in a sealed paper envelope, paper bag or clean paper wrapping. Bio-Hazard labels must be affixed to package.

NOTE: NO PLASTIC BAGS

All clothing should be individually packaged and labeled.

** Be sure to separate victim and suspect items to avoid cross-contamination. **

Sharp objects: must be placed in an individual puncture proof container.

NOTE:

Photograph bloodstains and liquid blood samples before collecting.

Blood spatter interpretation, if warranted, must be performed prior to removing any bloodstains.

** Disposable latex gloves must be worn when handling biological evidence! **

Revised: 9/02

15

TYPE Seminal Stains

BIOLOGICAL EVIDENCE COLLECTION

Liquid Sample: A: Collect onto at least two sterile cotton swabs, air dry,

package, label, and submit to the lab.

Dried Stains: *Submit stains only if entire article cannot be submitted

A: Stains on non-porous items (glass, tile, metal) may be scraped with a clean scalpel and collected directly into a druggist fold. Seal, package, label and submit to the lab. This method should only be used if no loss of material will occur.

B: Collect onto cotton swabs moistened with a minimal amount of distilled water, air dry, package, label and submit to the lab.

Clothing, Rugs, Car Seats, Bedding, Rags, Towels etc.:

A: Submit the entire item to the laboratory. If not possible to submit the entire item, isolate stained area, remove, (cut out or swab), package, label, and submit to the lab.

**Semen stains may be isolated by an individual trained in utilizing an Alternate Light Source. **

PACKAGING

Thoroughly air dry stains and package in a sealed paper envelope, paper bag or in clean paper wrapping. Bio-Hazard labels must be affixed to package.

Revised: 9/02

16

TYPE Condoms

BIOLOGICAL EVIDENCE

COLLECTION

Liquid sample present in the condom: A: collect liquid onto at least two sterile cotton swabs. Air dry the condom and swabs, package, label, and submit to the lab.

Dry Condom: A: collect condom, package, label, and submit to the lab.

PACKAGING

Thoroughly air dry stains and package in a sealed paper envelope or paper bag. Bio- Hazard labels must be affixed to package.

Revised: 9/02

17

TYPE Saliva Stains

BIOLOGICAL EVIDENCE COLLECTION

Liquid Sample: A: Collect onto at least two sterile cotton swabs, air dry,

package, label, and submit to the lab.

Dried Stains: *Submit stains only if entire article cannot be submitted

A: Stains on non-porous items (glass, tile, metal) may be scraped with a clean scalpel and collected directly into a druggist fold. Seal, package, label and submit to the lab. This method should only be used if no loss of material will occur.

B: Collect onto cotton swabs moistened with a minimal amount of distilled water, air dry, package, label and submit to the lab.

Cigarette Butts, Chewing Gum, Envelopes, Stamps, Ski Masks, etc.:

PACKAGING

Thoroughly air dry stains and package in a sealed paper envelope or paper bag. Bio- Hazard labels must be affixed to package.

A: Allow to air dry, package, label, and submit to the lab.

Revised: 9/02

18

TYPE

Sexual Assault Evidence Kits

Fingernail Swabs

BIOLOGICAL EVIDENCE

COLLECTION

Sexual Assault Victim: A: The victim should be transported to the hospital as soon as possible. Examination should be conducted by medical personnel trained in sexual assault evidence collection utilizing the Sexual Assault protocol present in kit. Label, seal and submit kit to the lab.

Note: Each item collected in kit must be listed and numbered separately on the Request for Examination form, SP631. See example, page # ____

Moisten a sterile cotton swab with distilled water and swab under fingernails, (one swab per hand). Allow to air dry, package, label, and submit to the lab.

PACKAGING

Rape kit should be refrigerated prior to submission to the lab. Bio-Hazard labels must be affixed to kit.

Do not package Blood and/or Urine Samples in Rape Kits

Thoroughly air dry stains and package in a sealed paper envelope or paper bag. Bio-Hazard labels must be affixed to package.

Revised: 9/02

19

TYPE

Known Control Samples

BIOLOGICAL EVIDENCE COLLECTION

Living Subjects

Buccal Swabs: Prior to collecting, rinse the mouth with water. Utilizing two sterile cotton swabs, rub the inside cheek area of the mouth at least twelve times. Allow swabs to air dry, package, label and submit to the lab. No medical personnel are needed for this collection.

Deceased Subjects who have not been Transfused

A. FTA Card: Liquid blood sample removed from body at time of autopsy must be spotted onto FTA card. Allow card to air dry, package, label and submit to the lab. B. If no blood sample is available, collect at least 50 head or pubic hairs, (PULLED, NOT CUT), package, label and submit to the lab. C. If no hair sample is available, collect an approximate 1⁄2 inch square piece of the best tissue sample available, (liver, spleen, stomach), package, label and submit to the lab.

D. If no tissue sample is available, collect an approximate 1" piece of a long bone, (femur, tibia, ulnar), package, label and submit to the lab.

Deceased Subjects who have been Transfused

A. If available, procure the pre-transfusion sample taken at the hospital, package, label and submit to lab. B. If pre-transfusion sample is unavailable, a buccal swab control may be taken if there is no bleeding in the mouth region. Dry swabs, package, label and submit to lab. C. If no buccal swab is available, collect at least 50 head or pubic hairs (PULLED, NOT CUT), package, label and submit to Lab. D. If no tissue sample is available, collect a 1" piece of a long bone

PACKAGING

Thoroughly air dry and package in a sealed paper envelope or paper bag. Bio-Hazard labels must be affixed to package.

FTA cards should be packaged in the barrier envelope available through the manufacturer of the FTA card.

Hairs should be packaged in druggist folds

Place the tissue specimen in a leak proof container and keep frozen prior to submission to the lab.

Revised: 9/02

20

SPECIMEN Hairs

Note: The laboratory will only analyze Head, pubic and facial hairs for comparison purpose.

Fibers

Glass

PACKAGING

TRACE EVIDENCE CONTROL

AMOUNT

All from the scene that have possible evidential value.

All from the scene that have possible evidential value

1. All from hit & run scenes.

2. Submit both sections of glass for matching edges & breaks.

COLLECTION

Leave attached to object and submit intact if possible. Note position of hairs.

Use clean forceps or gloves to collect. Clear tape can be used to collect. Avoid damaging the root of the hair.

Air dry if wet, prior to packaging.

Leave attached to object and submit intact if possible. Note position of fibers. Use clean forceps or gloves to collect. Clear tape can be used. Air dry if wet, prior to packaging.

Shoes and clothing containing glass fragments should be submitted intact.

Small pill boxes or druggist folds; try not to bend samples. Seal all edges with evidence tape

Be sure to keep each article separate from each other.

Small pill boxes or druggist folds; try not to bend samples. Seal all edges with evidence tape

Be sure to keep each article separate from each other.

Preserve in order to avoid further breakage. Use druggist folds; cushioned pill boxes; film canisters, etc. Secure large pieces of glass between layers of cardboard. Use tape labels showing inside/outside surfaces, and list the area where sample was taken from.

Hairs: At least 50 pulled and combed hairs representing all areas of the head (front, back, sides and top). At least 25 pulled hairs should be submitted from the pubic area and facial areas of evidential interest. Head hairs, pubic hairs, and facial hairs should be packaged separately and clearly labeled as to origin.

Fibers: entire garment or adequate sample of textile that specimen could have originated from.

Obtain samples from all areas which glass fragments may have originated from.

* * Obtain at least a one square inch specimen as a control.

Revised: 9/02

21

SPECIMEN

Impressions and Toolmarks

*NEVER INSERT ITEM INTO IMPRESSION FOR FIT!

Cords, Ropes, Wires, etc.

Vehicle Bulbs

Tape

(Adhesive Tape)

TRACE EVIDENCE

CONTROL

Refer to soil & paint controls for transfer evidence.

If possible, submit an identical undamaged bulb from the vehicle.

Recover any roll of tape that may have been the source of pieces collected as evidence.

PACKAGING

Sturdy cardboard boxes if practical.

Package tool and impressions separately and carefully so as not to distort evidence.

Preserve cut / broken ends. Label questioned cut ends.

Separate items, package in sealed plastic or paper bags; plastic containers or cardboard boxes.

Preserve in order to avoid damage by using cushioned containers, i.e., Styrofoam coffee cups.

Place on transparency sheets or clean glass.

AMOUNT

All

Include keys with any lock evidence.

Submit entire length of line if possible.

All

Collect any glass fragments from a lens housing or from the scene.

All

COLLECTION

Photograph 1:1 or from directly above with a scale at the scene. Submit the entire article with the impression or tool mark intact if practical.

Otherwise, make a mold or cast of the impression with Mikrosil or dental stone. Leave any debris or dirt left on the surface of the impression intact.

Attempt to leave in its current state (knots tied, tape wrapped around an object).

Mark top or bottom of bulb.

Attempt to recover filament at scene if bulb is broken.

Do not cut, wad, distort or separate tapes that are stuck together.

Revised: 9/02

22

SPECIMEN Paint

Soil

TRACE EVIDENCE

CONTROL

Obtain samples from areas as close to damaged and/or contacted areas adjacent to where paint may have originally come from.

Control samples must include all layers of paint present to the substrate and be from at least 1 square inch area.

Vehicles may have different paints on different parts of the vehicle (repaints/repairs)

One to two tablespoons of the top soil layer. Samples should be collected at the area of interest and several areas withing a 100-yard radius.

PACKAGING

Small chips and scrapings should be packaged in druggist folds, pill boxes, film canisters etc. and secured to prevent further breakage. Do not use envelopes. Seal all edges with evidence tape. Package entire items or materials submitted for transfer examination separately.

Pill box or film canister. Shoes and articles of clothing should be packaged such that soil remains on the item or within the packaging.

AMOUNT

All chips present at the scene. Entire area where transfer occurred from both surfaces if practical. Otherwise, scrape paint down to substrate into suitable packaging. Submit all outer layers of clothing.

All samples. Each sample must consist of at least 1⁄2 teaspoon for analysis.

COLLECTION

Obtain chips of paint down to the bare surface level.

Alternatively, flake off chips into druggist fold or cut out a one square inch portion of the surface.

Do not package wet. Attempt to maintain the integrity of any layer structure present in collected samples.

Revised: 9/02

23

TRACE EVIDENCE

1 ounce of liquid in sealed metal or glass container.

Material; identical to suspect specimen but ensure it is uncontaminated.

Clean all tools (using water and dish detergent)between different points of origin.

CONTROL

If a control of identical material to suspect specimen is submitted, ensure it is uncontaminated and examined by a hazardous devices technician.

An identical garment may be needed for determining distance.

Arson

*Contact the NJSP Bomb Squad before attempting to submit any explosive and/or bomb residue evidence.

SPECIMEN Explosives

*Contact the NJSP Bomb Squad before attempting to submit any explosive and/or bomb residue evidence.

Bullet Holes & Gunshot Residue

Package each representative sample in its own clean, unused, air-tight metal container, glass jar or Kapak bag. Clearly label complete location information.

Avoid ANY contamination.

Do not package collection gloves inside the same container as the evidence.

PACKAGING

All explosive devices should be examined, identified and rendered safe by a hazardous devices technician (bomb Technician).

Evidence should be packaged as directed by the NJSP Bomb Squad.

Clothing or Other Biological Fluid Stained Objects should be submitted dry in separate (individual) paper bags.

Call the laboratory for information on submitting other types of items with suspected bullet holes.

1 ounce of suspect liquid.

Can 1⁄2 filled with material.

AMOUNT

As directed by the NJSP Bomb Squad.

Entire article should be submitted.

Transfer 1 oz sample of volatile liquids into clean sealed containers. Retain containers for possible finger print analysis.

Collect specimens identified by vapor detector, accelerant canine or personal observation.

Soil containing suspected volatile liquids should be frozen until submission to the laboratory

COLLECTION

Care must be taken not to damage evidence further and hand protection (double glove) should always be utilized during collection.

Do not cut through suspected bullet holes.

Revised: 9/02

24

BALLISTICS

SPECIMEN AMMUNITION

Discharged Bullets & Shells, Unfired Cartridges & Shells

Pellets

Wadding

PACKAGING

Separate sealed envelope for each specimen found.

Label packaging completely. (Refer to pg.9, sec. #3e)

Protect items from damage which may occur during handling.

Submit pellets together and mark envelope as one item.

Separate envelope for each specimen. Air dry before packaging if taken from body.

AMOUNT

All found.

Buckshot - All

Birdshot - Random sampling of good specimens.

All found.

COLLECTION

Do not mark bullets, they will be marked at the lab during examination.

Mark each envelope with full information at time of collection.

Submit items found in the gun separately from other items located.

Revised: 9/02

25

BALLISTICS

SPECIMEN FIREARMS

Revolvers, Automatic Pistols, Rifles, Shotguns, etc.

PACKAGING UNLOAD THE WEAPON!

Indicate on packaging if weapon is loaded or unloaded.

If presence of other evidence (i.e., blood, latent prints, hairs, etc) prohibit unloading, contact the Crime Scene Investigation Unit, Ballistics Unit or a regional Laboratory for information on how to proceed. Carefully package the item in a cardboard box in order to preserve the evidence.

Weapons not involving other types of physical evidence may be placed in a cardboard carrier, heavy-duty envelope or carried by hand.

AMOUNT

COLLECTION

Do not mark firearms that have the complete manufacturers serial number. Mark those items using an evidence tag securely attached to the weapon.

Physically mark firearms that have the serial number removed or defaced, or older firearms manufactured without a serial number.

Special care should be exercised to preserve other evidence on the weapon at the time of collection. The request for examination should specify if the weapon needs to be examined for other types of evidence (i.e., blood, hairs, latent prints, etc).

All

Revised: 9/02

26

COMPUTER CRIMES EVIDENCE

SPECIMEN HARD DRIVES

Zip Drives Jazz Drives Removable Media Flash Media Memory Modules

COMPUTERS

Peripheral devices and components

VIDEO

Re-writable compact disks DVD-Roms

PACKAGING

Use separate dry, paper envelopes for each hard drive.

Protect items from damage which may occur from handling.

Note any and all serial numbers.

Tag large devices such as computer CPU’s.

Tag small peripheral devices and bag separately.

Use separate dry, paper envelopes for each hard drive.

Protect items from damage which may occur from handling.

Note any and all serial numbers.

CONTROL

AMOUNT

COLLECTION

All Mark each envelope with full information at time of

collection.

All Mark each envelope with full information at time of

collection.

All Mark each envelope with full information at time of

collection.

NOTE: Computers that are running should be photographed when possible and then placed through the normal shutdown process for that operating system. If in doubt as to proper procedures for collecting computer evidence at a scene, contact the High Tech Crimes & Investigative Support Unit at (609) 882-2000 extension 6614.

Revised: 9/02 27

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Revised: 9/02 31