Criminal Law/search and seizure
A.) Should each exhibit represent one item of evidence located during a search, (besides things like a clip with ammo, a box of baggies, I can understand things like that being one exhibit but other than those kinds of things, shouldnt each item have its own number??)
B) When law enforcement locate an item of evidence, should it be witnessed by another officer or authorized individual?
C) It is reasonable for evidence to be moved (prior to documentation such as a photo)then returned to the location found to photograph?
D) and the most important question I have is shouldnt the reciept of items seized and the search report match?
B. Not necessarily, but it is helpful for the police to corroborate what was found. It usually makes it more difficult to "plant evidence" unless there is collusion.
C. No. It should be photographed and documented first and then collected for evidentiary purposes.
D. Yes. Exactly.
Understand that a search warrant must be issued by a neutral and detached magistrate or judge and that the warrant must specify the exact location to be searched and the exact contents to be seized. For example, if the search warrant was issued to search for 38" television sets the officers could not search your clothes drawers looking for illegal narcotics.
Jeffrey Hauck, JD, CPO, CII, LPD