Chicago Police DepartmentSpecial Order S04-18-02
Reporting and Court Responsibilities for Narcotics Cases
Issue Date:28 May 2015Effective Date:28 May 2015
Rescinds:04 March 2005 version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.outlines procedures for reporting the seizure or discovery of narcotics evidence.
  • B.establishes responsibilities relating to court appearances for narcotics cases.
II.Reporting Responsibilities
  • A.If a Vice Case Report (CPD-11.414) is not prepared to document the incident, the member will indicate in the appropriate box on the case report submitted that an additional copy is to be forwarded to the Narcotics Section. The case report will include the offenders physical description and the Central Booking number, if applicable.
  • B.When an arrest has been made and narcotics evidence inventoried, the member will:
    • 1.complete an Arrest Report (CPD-11.420), ensuring that the type of narcotics confiscated, approximate weight, and estimated street value of the narcotics are recorded. The estimated street value can be determined by using the ESV conversion calculator, located in Bureau Sites, under the Bureau of Organized Crime link. The weight and the estimated street value will be recorded in the automated arrest report system.
      NOTE:
      The weight and the estimated street value will not be recorded in the inventory data entered into the eTrack system.
    • 2.prepare the appropriate case report and court complaints.
    • 3.in a DUI case assigned to the Major Traffic Courtroom, include a printout of Copy 1-Inventory Copy with all other DUI reports (Alcoholic Influence Field Report, Law Enforcement Sworn Report, etc.) submitted to the Traffic Court/Records Unit.
    • 4.submit all court documents to the station supervisor who will process them in accordance with the Department directive entitled "Processing Persons under Department Control."
  • C.In cases where narcotics evidence was found but no arrest was made, the member will report the incident on a vice case report and inventory the narcotics as indicated in the directive entitled "Inventorying Narcotics Evidence."
III.Court Appearance Responsibilities
  • A.In preparation for court appearances, the inventorying officer will:
    • 1.review all documents for testimony and bring to court complete and accurate reports and records, including:
      • a.the  ISP-FSC-C laboratory reports (viewable in the eTrack system);
      • b.a printout of the Property Inventory;
      • c.a prepared court order for disposition of the evidence for submission to the prosecuting attorney.
    • 2.contact the Chemistry Section of the  ISP-FSC-C to determine the status of the analysis if there is no ISP Laboratory Report viewable in the eTrack system within four business days prior to the court date.
    • 3.notify the Court Section personnel at the appropriate court by telephone when:
      • a.the ISP-FSC-C Laboratory Report indicates that the substance inventoried was negative for cannabis or controlled substance. If the narcotics offense is the only charge in the case, a negative lab report negates the arresting officers duty to appear in court. If the officer is needed to appear at a future hearing for the case, he or she will be notified via the Automated Court Notification System.
      • b.prior to the members appearance in court and after notification to ISP-FSC-C of a missing lab report, the member still is unable to view the relevant Lab Report in eTrack.
  • B.At the Narcotics Court appearance, the member will:
    • 1.log in and log out with court section personnel, providing the disposition for each case.
    • 2.in cases for which evidence will no longer be needed, request from the judge, through the assistant states attorney, a court order directing that the narcotics evidence be confiscated and destroyed. The court order signed by the judge will be forwarded by Court Section personnel to ERPS.
  • C.At appearances for Major Room Traffic Court cases or at misdemeanor outlying courts, the member will:
    • 1.bring a printout of the Property Inventory form to court and record the Traffic/Citation number in the upper-right corner of the printout.
    • 2.bring a copy of the ISP-FSC-C Laboratory Report to court and submit it to the Assistant States Attorney.
    • 3.contact the Chemistry Section of the  ISP-FSC-C to determine the status of the analysis in a case where there is no ISP Laboratory Report viewable in the eTrack system within four business days prior to the court date.
    • 4.upon final disposition of a case, submit one of the following documents to the Assistant States Attorney for the judges signature:
      • a.the completed portion of Copy 2-Check-Out Copy of the Property Inventory, or
      • b.a separate court order for disposition.
    • 5.forward a completed Copy 2-Check-Out Copy or court order to ERPS.
IV.Checking Out Narcotics Evidence
  • A.Evidence & Recovered Property Section Personnel Responsibilities
    • 1.ERPS personnel will release evidence only to the arresting officer, inventorying officer, investigating officer, or an officer directly assigned to the case. The officers name must appear on the Arrest Report or case report. The officer will provide the ERPS personnel with appropriate documentation verifying his or her work on the case.
    • 2.ERPS personnel will not provide any inventoried property to any law enforcement agency requesting such inventories unless ERPS is first provided with the proper judicial documents (e.g., court order, federal subpoena).
    • 3.ERPS personnel will query the eTrack system daily for inventories which have been checked out but not returned. For all such instances, ERPS personnel will make an entry in the Court Notification System, instructing the member who checked out the inventory to appear at ERPS during his or her next tour of duty with the inventory or with documentation supporting the turn-over of the inventory.
  • B.Responsibilities of the Member Checking Out Inventoried Narcotics
    When a member checks out narcotics evidence from ERPS for court purposes, the member will:
    • 1.secure the evidence and ensure its safekeeping.
    • 2.ensure that the information on the Evidence Bag is not defaced.
    • 3.never open a sealed Evidence Bag containing narcotics or cannabis.
    • 4.return the evidence in its original form to ERPS immediately after the court appearance if the evidence is not turned over to the court.
      • a.Narcotics evidence must be returned by the member who withdrew it; only the member who checked out the inventory will be capable of completing the close-out procedure in the eTrack system.
      • b.Narcotics evidence which has been marked as a court exhibit cannot be returned to ERPS. Evidence which is to be marked as an exhibit will first be turned over to the prosecuting attorney, with the required signature as outlined in Item IV-B-5-a.
    • 5.when the evidence is turned over to the court:
      • a.obtain one of the following documents:
        • (1)the completed reverse side of Copy 2-Check-Out Copy with the:
          • (a)the judges signature or
          • (b)the signature of either the Assistant States Attorney (ASA) or Assistant US Attorney (AUSA). The evidence must be signed for before it is turned over to an ASA or AUSA.
        • (2)a separate order of the court (state or federal) with the court seal and the judges signature.
      • b.appear at ERPS during his or her next tour of duty with the signed Copy 2-Check-Out Copy or the court order to close out the inventory in eTrack.
V.Responsibilities of Court Section Personnel
Court Section personnel will:
  • A.when entering court notifications for narcotics cases in the Court Notification System, record any narcotics inventory numbers listed on the Arrest Report in the "Comments" field of the application.
  • B.in all controlled substances and felony cannabis cases, log in and log out with court section personnel, providing the disposition for each case.
  • C.forward to ERPS all signed court orders authorizing destruction of narcotics evidence in cases in which a final court disposition has been determined.
  • D.maintain a supply of court order forms for use by members appearing in court.
  • E.upon being informed by an officer of a negative Laboratory Report received from the ISP-FSC-C, instruct the officer that he or she is relieved of court attendance responsibilities unless a subsequent automated court notification is received and:
    • 1.confer with the Assistant States Attorney assigned to the court concerning the need for the officer to appear in court.
    • 2.record a new court notification in the Automated Court Notification System.
      NOTE:
      Officers will not appear in court after receiving a negative lab report unless notified.
  • F.ensure that officers appearing to testify in narcotics cases comply with the procedures outlined in this directive.
(Items indicated by italics/double underline have been added or revised)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-047 TSS
PHONE BOOK:
1.
Illinois State Police Forensic Science Center at Chicago (ISP-FSC-C)
1941 W. Roosevelt Rd
Monday through Friday, 0800-1630 hours: Contact the Chemistry Section Chief at 312-433-8000, ext. 2018
All other times: Contact the 24-hour Security Desk at 312-433-8000, ext. 2044
2.
Illinois State Police Forensic Science Center at Chicago (ISP-FSC-C)
1941 W. Roosevelt Rd
Monday through Friday, 0800-1630 hours: Contact the Chemistry Section Chief at 312-433-8000, ext. 2018
All other times: Contact the 24-hour Security Desk at 312-433-8000, ext. 2044
3.
Illinois State Police Forensic Science Center at Chicago (ISP-FSC-C)
1941 W. Roosevelt Rd
Monday through Friday, 0800-1630 hours: Contact the Chemistry Section Chief at 312-433-8000, ext. 2018
All other times: Contact the 24-hour Security Desk at 312-433-8000, ext. 2044