Pubdate: Mon, 16 Oct 2006
Source: News-Topic, The (NC)
Copyright: 2006 News-Topic
Contact:  http://www.newstopic.net/
Details: http://www.mapinc.org/media/1739
Author: Joshua Harris

UP IN SMOKE: DEPUTIES DISCUSS PROCEDURES TO SECURE AND DESTROY CONFISCATE

When a drug user or dealer gets busted by narcotics agents, most 
everyone knows what'll happen to him. He'll get handcuffed, taken to 
the magistrate, taken to the jail and end up sitting in a cell 
waiting for court or a bond release.

But what happens to the dealer's drugs? How does that bag of crack 
cocaine found in a car or home get to the court house for trial or to 
the landfill to be destroyed? What happens to all the marijuana 
plants discovered in the county during flyovers?

Seizure

Caldwell County Sheriff's Office ICE Agent Sgt. Chris Hatton said his 
agents follow specific procedures when they discover drugs and drug 
money to make sure the evidence is secure for the court case in the future.

"Initially when officers seize drugs, (the drugs) are usually 
immediately put inside that officer's vehicle inside some type of 
container, a plastic bag, a paper bag," Hatton said. "Within an hour 
to 24 hours, we process that evidence. Then we prepare a property 
report, assign item numbers, and that's what we submit to Shelly Hartley."

Det. Hartley is the evidence technician for the Sheriff's Office.

So what prevents narcotics agents from misusing seized drugs?

Hatton said his agents, as well as most law enforcement officers, 
will work very hard to catch dirty cops.

"There is enough bad news about bad cops other places. We don't need 
it here," Hatton said.

People working for the Sheriff's Office sometimes get investigated 
because of an allegation.

"I know of many times (Sheriff Clark has) heard allegations and had 
the detectives or ourselves do investigations," Hatton said. "A lot 
of times those officers don't know they are being investigated and 
they never find out."

Law enforcement officers also are subject to random drug tests, and 
Hatton said he has taken several.

About four months ago, Hatton was called and told to go to the 
Sheriff's Office immediately.

"They didn't say why," he said. "When I went in, they told us, 'This 
is a drug test.'"

Hatton said none of the 20 deputies could leave until they had taken the test.

In addition to the drug test, Hatton said narcotics agents rarely work alone.

"You may only see one, but there is likely another close by, for 
safety reasons," Hatton said. "But it sure does help with accountability too."

Storage & Security

Once the drugs are seized, Hatton said his agents deliver that 
evidence to Hartley within 24 hours.

If the agent and Hartley are on duty, the agent will hand deliver the 
drugs or drug money to Hartley. If they finish processing the drugs 
after-hours, then the agent can place the evidence in a secure locker 
at the Sheriff's Office.

Hartley said there are several lockers and a refrigerator that can be 
used. The agent would take the drugs or other evidence, place it in 
the locker, and the put a pad lock on the locker. Only Hartley and 
Det. Sgt. Tracy Pyle have keys to the locks.

"Even the Sheriff can't get in the lockers," Hartley said.

Once Hartley gets the drugs, she logs the evidence into the system 
and holds it in the evidence room at the Sheriff's Office until the 
case goes to court.

Currently, Hartley has a box of marijuana from a 1997 case in the 
evidence locker. She said it's too heavy for her to lift, and has to 
weigh more than 40 pounds.

If a drug case has been disposed in court, Hartley and Hatton can ask 
a judge for permission to use the drugs for undercover operations.

"There are occasions where we do reversal operations, where we 
actually sell drugs to somebody," Hatton said. "In those situations 
we have to have drugs to sell them."

Hatton said there is probably about 100 pounds of marijuana at the 
Sheriff's Office the narcs can use in undercover operations.

"You have to be ready for a sale," Hatton said. "A little while back 
we sold more than 20 pounds."

Destroying Confiscated Drugs

If the court case is finished, and the narcotics agents don't need 
the drugs, then Hartley must wait for a court order before she can 
destroy them. But she can get rid of drugs that may be discovered 
during a raid and can't be tied to a suspect.

"It generally takes several years to get (a court order)," Hartley 
said. "Most people if they are found guilty, they have an appeals 
process, and we have to keep the drugs in case they're needed for court.

"Until we get a court order, we keep it, period."

However, if the narcs find drugs such as marijuana plants out in a 
field and no one is charged, they can destroy those drugs. When it 
comes to marijuana, Hatton said the narcotics officers usually 
destroy the drugs.

"They are seized and placed in a particular room to dry," Hatton 
said. "Once they are dry, we wait until we have a substantial amount. 
Usually at the end of the growing season, we'll take all the plants 
and destroy them at one time."

But the narcs don't just take the plants to an open field and light a match.

"We take (the plants) to a commercial location that has an 
incinerator," Hatton said.

Most other drugs such as cocaine, or meth, or prescription pills are 
buried in the landfill when a judge sends the court order, Hartley said.

"They dig us a big whole, we empty (the drugs) out and we watch them 
cover it back up," Hartley said. "I take a witness and we stand there 
and watch."

Hartley has worked as the evidence technician for four years, and so 
far she said she hasn't had any problems when it comes to confiscated drugs.

"People know that if something happens, they'll be in trouble," she said.
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MAP posted-by: Elaine