The Missing Evidence
You are an armed guard at a retail store. At 3:00 PM, you detain a shoplifter who has concealed $250 worth of merchandise in a backpack. You escort him to the security office. Per policy, you ask him to empty his pockets and place all items on the table. He pulls out a folding knife with a 3-inch blade and places it on the table. You also see a small plastic baggie with a green leafy substance in his pocket. You secure the knife and the baggie. You place the merchandise on the table. You call the police. While waiting, you need to use the restroom. You ask a coworker to watch the detainee. When you return, the coworker is on his phone, and the detainee is sitting quietly. You notice the baggie is gone. The coworker says he didn't see anything. The police arrive 10 minutes later. You must write a report.
1. What are the evidence-handling errors, and how should you document them?
Read the worked answer
Errors: (1) The guard left the evidence unattended with a coworker who was not properly briefed or observant. (2) The guard did not secure the evidence in a locked container or evidence bag before leaving. (3) The guard did not maintain a chain of custody log. (4) The guard did not inform the coworker of the importance of continuous observation. Documentation: The report must be factual and complete, including the error. State: "At approximately 3:10 PM, I secured a folding knife and a small plastic baggie containing a green leafy substance on the table in the security office. I left the room to use the restroom and asked Officer [Name] to watch the detainee. When I returned at 3:15 PM, the baggie was missing. Officer [Name] stated he did not see it removed. The knife remained on the table. I did not search the detainee again. I notified the responding officers of the missing item." Do not speculate or accuse the coworker or detainee without evidence. Include the time, the description of the missing item, and the steps taken. The report should be written objectively and should not omit the error, as that would be a false report. The guard should also note that the detainee was not searched after the baggie went missing, and that the baggie was not photographed or logged.
2. What should you have done differently from the moment you found the baggie?
Read the worked answer
Upon finding the baggie, the guard should have: (1) Asked the detainee to place it on the table without touching it. (2) Photographed the items in place before moving them. (3) Put on gloves (if available) and placed each item in a separate evidence bag, sealing and labeling it with the date, time, location, and initials. (4) Started a chain-of-custody log recording each item, who handled it, and when. (5) Secured the evidence in a locked drawer or safe. (6) If leaving the room was necessary, called another trained guard to maintain continuous observation of both the detainee and the evidence, and briefed that guard explicitly. (7) Not left the evidence on an open table. (8) Not allowed the coworker to be distracted. The guard should also have considered that the baggie might contain a controlled substance and should have notified the police dispatcher when calling, so they could bring appropriate testing equipment. The guard should not have handled the baggie without gloves or without documenting it.