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. - --- MAP posted-by: Elaine