PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5 · 2020-05-13 · Entries prior to initiating a narcotics investigation. h. Under no circumstances shall a district level narcotics investigation

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.1

SUBJECT: INVESTIGATION OF CONTROLLED SUBSTANCES PLEAC 3.6.1(b,d,e,f,g), 1.6.1, 1.2.2(c), 1.10.6(a), 3.6.2, 3.6.3, 2.7.7

Index

Section Title Page Number

1 Policy 1

2 Processing 2

3 Responsibilities 4

4 Drug Trafficking Involving Minors 5

5 Purchasing or Knowing Receipt of 6

Marijuana Thirty (30) Grams or Fewer

6 Possession with Intent to Deliver (PWID) 7

Expert Consultation

7 Drug Related Abandoned Houses 8

Appendix “A” Guidelines For Describing Narcotics Evidence

Appendix “B” Forfeiture

Appendix “C” Deconfliction Policy

Issued Date: 08-24-00 Effective Date: 08-24-00 Updated Date: 07-09-15

DIRECTIVE 5.1 - 1


SUBJECT: INVESTIGATION OF CONTROLLED SUBSTANCES PLEAC 3.6.1(b,d,e,f,g), 1.6.1, 1.2.2(c), 1.10.6(a), 3.6.2, 3.6.3

1. POLICY

A. The Narcotics Bureau, which includes the Narcotics Unit, Narcotics Strike Force

(NSF), Narcotics Field Unit (NFU), and Narcotics Intelligence and Investigative Unit

(NIIU) are solely responsible for all major controlled substances investigations. The

Narcotics Bureau, in conjunction with the Philadelphia-Camden High Intensity Drug

Trafficking Area (HIDTA) will coordinate narcotics investigations with other

government agencies.

B. Commanding Officers will report all narcotics intelligence received from any source

(police, private citizen, etc.,) to NIIU by memorandum addressed to the Commanding

Officer, NIIU. Information must be complete, clear, and accurate because it will be

used to supplement existing narcotics intelligence maintained by the Narcotics Bureau.

C. All confiscated drug evidence (controlled substances, prescription, or non-prescription)

*6/*7 will be placed on a Property Receipt and transported to the Office of Forensic Science

(OFS) or temporarily stored in the divisional locked safe box for later transportation to

the OFS. Any unknown solvents or alleged Phencyclidine will not be stored in the

divisional lock boxes and must be transported immediately to the OFS. All Property

Receipt Numbers related to drug evidence seized shall be recorded in the corresponding

PARS report. (PLEAC 3.6.1.d,e)

D. The Forfeiture Section of NIIU is responsible for the processing of forfeiture seizures

such as paraphernalia, money, vehicles, etc. which may be subject to federal or state

law because of its involvement in drug activity or other crime. (PLEAC 1.6.1)

E. District Tactical Narcotics Enforcement Teams (NETS) staffed by patrol district

personnel have been established in patrol districts to be tactically deployed by the

district Commanding Officer to address open air street narcotics sales and to

supplement the Narcotics Bureau.

1. NETS must adhere to the following guidelines:

a. Officers must complete the prescribed NETS training administered by the

Training Bureau prior to assignment. Officers must be acting in a NETS

capacity along with a NETS supervisor to process an arrest. (PLEAC 1.10.6a)


DIRECTIVE 5.1 - 2

b. NETS teams will maintain their own case files and reports. Refer to Directive

5.14, “Investigation and Charging Procedure” and Directive 5.21, “Rules of

Discovery” for all necessary reports.

c. NETS will not target indoor drug activity of any kind. When probable cause

exists to believe that drug trafficking is coming from a premises, the NETS

supervisor will contact the pertinent narcotics field unit for their division and

convey all pertinent facts and evidence.

d. NETS will not seek to obtain any search or arrest warrants. A NFU supervisor

will be contacted to determine if a warrant application should be made or if

further investigation is desirable or necessary.

e. NETS may conduct outdoor surveillance.

f. NETS will not conduct drug buys.

g. NETS teams will adhere to the provisions set forth in Appendix D,

“Deconfliction Policy” pertaining to the submission of Deconfliction and Spin

Entries prior to initiating a narcotics investigation.

h. Under no circumstances shall a district level narcotics investigation be

conducted in the absence of a supervisor. The immediate supervisor shall be

responsible for the course and scope of the investigation as directed by the

Commanding Officer through the chain of command to the Police

Commissioner’s Office.

i. NETS teams will submit a monthly report to the Divisional Inspector which

will contain the following information: Defendants name and age, location of

arrest, DC number, and control number.

2. PROCESSING

A. Responsibilities

*6 1. With the exception of those persons cited for possessing a small amount of

marijuana in violation of City Code Chapter 10-2100 (Refer to Directive 3.23),

all persons arrested for violation of the PA Controlled Substance Act by district

personnel, detective personnel, including District tactical personnel not

operating in a NETS capacity or members of an outside jurisdiction, whether

governmental or non-governmental, will be immediately transported to the

pertinent detective division of arrest for processing by a trained field processing

officer or detective. This will include the following:

DIRECTIVE 5.1 - 3

a. Investigations involving counterfeit, forged, altered, or stolen prescriptions

where the suspect is apprehended BEFORE OR AFTER the substance is in

their possession.

*6 b. Investigations involving controlled substances confiscated from an inmate in

any prison facility or those involving the transportation of controlled substances

into a prison facility. This shall include possession of small amounts of

marijuana as defined in Section 2-B-NOTE

*6 c. The arrest of any juvenile found in possession of an amount of marijuana in

excess of a small amount as defined in Section 2-B-NOTE.

*6 d. Any arrest of an individual found in possession of any controlled substance,

including marijuana or hashish of an amount in excess of a small amount as

defined in Section 2-B-NOTE.

e. Any arrest involving other drug charges such as possession with intent to

deliver or delivery of marijuana.

*6 f. When the individual arrested is a juvenile, or any adult arrested with a juvenile,

both defendants will be processed at the pertinent detective division, with the

exception of those persons, adults and/or juvenile, cited for possessing a small

amount of marijuana in violation of City Code Chapter 10-2100 (Refer to

Directive 3.23).

*6 g. Any arrest involving the manufacture, delivery, or possession with intent to

manufacture or deliver a controlled substance within 1000 feet of a public,

private, parochial, school, college or university or within 250 feet of a

recreation center, playground or school bus, should be handled by the

pertinent detective division.

h. Any arrests involving persons arrested for other charges, (e.g., burglary, gun

violations, assault) in addition to the narcotics violations.

i. Any “group arrest” when one defendant has a substance other than marijuana in

their possession (e. g., cocaine).

j. Any arrest where marijuana has been confiscated as a result of serving a search

*6 warrant, when confiscation is greater than thirty (30) grams but less than one

(1) pound.

NOTE: Whenever an individual arrested is a major narcotics violator or when

the confiscation exceeds one (1) pound the divisional NFU supervisor

on duty determines whether the investigation will be handled by a

divisional field processing officer or investigator.

DIRECTIVE 5.1 - 4

*6 B. All numbered patrol districts will process their own Code Violation Notices for small

amounts of marijuana for both adults and juveniles. Any questions should be

directed to a patrol supervisor.

*6 NOTE: For purposes of this Directive and consistent with Philadelphia City Code

Section 10-2101(1), thirty (30) grams or less of marijuana shall be considered

a “small amount of marijuana.” This is equivalent to approximately one (1)

ounce, seventy (70) cigarettes, sixty (60) $5 bags or thirty (30) $10 bags.

C. All persons taken into custody by the Philadelphia District Attorney’s Office, the

Pennsylvania Bureau of Narcotics Investigation (BNI), or Philadelphia Police officers

who are members of any federal or state joint task force will be transported to the

pertinent government agency site to be investigated and processed at either the federal

or state level by members of the DAO, BNI, or joint task force.

D. Internal Affairs will be the only exception to the investigatory responsibility outlined in

this directive. An Internal Affairs investigator may request the assistance of Narcotics

Bureau and/or Detective Bureau personnel for assistance in the confiscation, field

testing, or processing of controlled substances and offenders.

3. RESPONSIBILITIES

A. The District, Detective Division or Narcotics Division Operations Room Supervisor

(ORS) will ensure:

*7 1. The proper forms and reports are prepared for narcotics arrests, such as the

Complaint or Incident Report (75-48), Investigation Report (75-49), PARS, the

Biographical Information Report (75-229), and any Property Receipts (75-3) and

any 75-48 reports for district level arrests are coded “Report to Follow” by the

pertinent district.

*7 2. The pertinent Property Receipt numbers for all narcotic evidence seized is

specifically included in the corresponding PARS report.

*6 3. The proper forms and reports are prepared for possession of a small amount of

marijuana as defined in Section 2-B-NOTE (i.e., Complaint or Incident Report

(75-48), Code Violation Notice (CVN), Property Receipt (75-3)) in

accordance with Commissioner’s Memorandum 14-03. (PLEAC 3.6.1e)

4. Probable Cause to make a legal arrest exists (e. g., proper search and seizure,

constructive possession, proper use of informant(s)). (PLEAC 1.2.2c)

5. When there is any doubt if a substance is marijuana, that the evidence is transported

by the confiscating officer to the divisional NFU for closer examination.

6. That divisional NFU is notified of the arrest.

DIRECTIVE 5.1 - 5

7. A Detective Division Processing Control number is obtained.

8. A record/wants check is performed on the individual via National Crime

Information Center/Philadelphia Crime Information Center (NCIC/PCIC).

B. Officers assigned to the Narcotics Bureau, Divisional NFU officers or trained field

processing officers will:

1. Field test all submitted evidence including confidential investigations.

2. Determine weight of material with packaging (Gross Weight) and note on the

“Report of the Field Tester” (Affidavit), in the section describing evidence.

(PLEAC 3.6.1d)

3. Process defendant(s) completing all necessary paperwork (75-3, 75-48, 75-49,

*6 75-229, PIIN, Report of Field Tester [Affidavit], when applicable.)

NOTE: The Report of Field Tester Affidavit will be prepared for cocaine and

heroin. Negative or positive samples will be submitted with the arrest

package and the Discovery Package. The report of the field test

(Affidavit) must be available to the assigned Assistant District

Attorney for the Preliminary Hearing and all subsequent court

listings.

*7 4. List all narcotic evidence Property Receipt numbers in the corresponding PARS

report.

5. Adhere to guidelines described in Appendix “A.”

6. Deposit evidence in divisional locked safe box for transportation to the Office

of Forensic Science (OFS). The evidence must be transported directly to the

*6 OFS if a locked safe box is not available. (PLEAC 3.6.1b, 3.6.2, 3.6.3)

C. When evidence is found in which there is no likelihood of ever identifying the owner,

the case will be coded “INVESTIGATION OF OBJECTS” and noted on the Property

Receipt, “NO ANALYSIS REQUIRED – TO BE DESTROYED.” (PLEAC 3.6.1 f, g)

D. Investigation of seizures of suspected controlled substances which cannot be readily

identified by field testing shall be classified as Phila Code 2706- Narcotic

Investigation. (PLEAC 3.6.1d)

4. DRUG TRAFFICKING INVOLVING MINORS

A. State law has provided for mandatory minimum sentences for any adult who has been

convicted of involving a minor in specified drug-related offenses and/or for drug

offenses involving a minor in a school safety zone.

DIRECTIVE 5.1 - 6

NOTE: This includes a drug felony that was committed within 1,000 feet of a school,

even if the felony did not involve a minor. This law applies even when school

is not in session, 24hours a day, 365 days of the year.

B. Definitions:

1. School – defined as any public, private, or parochial educational facility or any

college or university.

2. School Safety Zone – any property on which a school is located and that area which

extends 1,000 feet from the perimeters of a school property.

C. Arresting officer and assigned field processing officer will:

1. Ensure the exact location and name of the school, as well as the approximate

location from the school where the offense occurred is noted on the 75-48 and all

other applicable reports.

2. Record in the “Facts of the Case” portion of the Arrest Report located in the PARS

system that the offense involved a minor pursuant to 18 Pa. CS 6314 of the

Pennsylvania Crimes Code.

______________________________________________________________________________

*5 5. PURCHASING OR KNOWING RECEIPT IN COMMERCE OF MARIJUANA THIRTY (30) GRAMS OR LESS A. The intentional purchase or knowing receipt through a sale or in commerce by any

person of a controlled substance is a misdemeanor crime under the PA Controlled

Substance, Drug, Device and Cosmetic Act, Section 780-113(a)(19). Marijuana is a

controlled substance. Thus, the purchase or knowing receipt of marijuana through a

sale or in commerce is a criminal violation which is NOT SUBJECT TO City Code

§10-2100 or Mayor’s Executive Order No. 6-14.

B. When observing an individual PURCHASE marijuana, regardless of the amount, the

buyer shall be charged with state offense of “Intentional Purchase or Receipt of

Controlled Substance” (§780-113(a)(19)) of the PA Controlled Substance, Drug,

Device and Cosmetic Act.

C. If the amount of marijuana possessed by the buyer is thirty (30) grams or less (i.e., a

small amount), the buyer WILL NOT be charged with the additional state offense of

“Knowing and Intentional Possession of a Controlled Substance” (§780-113(a)(16))

of the PA Controlled Substance, Drug, Device and Cosmetic Act.

1. To avoid a double jeopardy challenge, when an arrest is made for purchasing

marijuana AND the amount possessed by the offender is thirty (30) grams or less

(i.e., a small amount) the following will be done:

DIRECTIVE 5.1 - 7

a. A Code Violation Notice (CVN) WILL NOT BE ISSUED to the buyer for

possessing a small amount of marijuana (City Code §10-2100).

b. The assigned investigator shall include the appropriate City Code Section

§10-2102(a) or (b) when submitting the case to the District Attorney’s Office

for charging. This is consistent with Section 6 of Directive 3.23.

2. If the amount of marijuana possessed by the buyer is greater than thirty (30) grams,

the offender shall be charged with the ADDITIONAL offense of “Knowing and

Intentional Possession of a Controlled Substance.”

NOTE: Any other misdemeanor or felony violation will be charged consistent

with Section 6 of Directive 3.23.

D. Police Officers and Supervisors are further reminded that PURCHASING marijuana is

a separate misdemeanor offense (PA Controlled Substance, Drug, Device and Cosmetic

Act, Section §780-113(a)(19). Individuals observed purchasing marijuana regardless

of weight will be arrested and processed according to the procedures outlined in

in this directive.

1. The proper codes for a Buyer/Recipient are as follow:

a. 1802 – Seller of Marijuana (INCT, PIIN/PARS) entry required.

b. 1840 – Buyer/Recipient of Marijuana (PARS) entry required.

______________________________________________________________________________

*5 6. POSSESSION WITH INTENT TO DELIVER (PWID) EXPERT CONSULTATION

A. To properly charge those arrested for narcotics violations and determine when expert

consultation is needed for narcotics arrests leading to a charge of Possession With

Intent to Deliver (PWID).

B. PWID is appropriately charged, without the need to consult an expert, when at least one

of the following conditions exist:

1. Observed sales.

2. Presence of paraphernalia associated with sales ( i.e., scales, empty bags, packaging

material, heat sealers).

3. More than 71 bags/packets of illegal narcotics.

DIRECTIVE 5.1 - 8

C. For narcotics arrests other than those listed above, PWID may only be considered

appropriate if other conditions exist to which a narcotics expert can attest are consistent

with delivery.

D. Sworn personnel processing the arrest will contact the Narcotics Strike Force Unit at

(215) xxx-xxxx between the hours of 8:00AM and 12 Midnight. Between 12 Midnight

and 8:00AM, contact the High Intensity Drug Trafficking Area (HIDTA) Watch Center

at (215) xxx-xxxx.

E. The circumstances of the arrest will be provided to the on-call expert. Required

information will normally include number of bags; how the bags are bundled; the

presence of money and the denomination of the money; the existence of multiple types

of illegal drugs; how the narcotics was stored/concealed; etc.

F. Based upon the circumstances, the designated narcotics expert will determine if PWID

is an appropriate charge. The narcotics expert will provide his or her name and badge

number, which will be included in the PARS report. The expert will NOT be

considered as needed for court.

NOTE: The procedure described above will not apply to patrol district arrests in which

the district Narcotics Enforcement Team (NET) supervisor is available for

consultation or for arrests by a district Narcotics Enforcement Team. If a

Narcotics Enforcement Team supervisor is used as the narcotics expert, his or

her name will be included in the PARS report but he or she will NOT be

needed for court.

______________________________________________________________________________

*5 7. DRUG-RELATED ABANDONED HOUSES

A. Whenever a district Commanding Officer has information on any abandoned property

in their district which is being used to sell and/or facilitate the use of drugs, they will

notify the Commanding Officer of the appropriate Narcotics Field Unit (NFU).

B. District Commanding Officers, when notified of a drug-related abandoned property,

will ensure:

1. Notification is made by computer using terminal identified NCUP, to the pertinent

Commanding Officer, NFU;

2. The message includes the location, description of the property, and any additional

drug-related information about the property;

3. When requested by the Department of Licenses and Inspections (L&I), that a police

officer is assigned for security at each location when a specified property is to be

sealed.

DIRECTIVE 5.1 - 9

C. The Commanding Officer, NFU, when notified of a drug-related abandoned house, will

ensure an investigation is conducted consisting of:

1. A physical check of the property to verify vacancy/abandonment.

2. A computer check listing arrests at the location as well as in that city block.

NOTE: If the location is active, Narcotics personnel will take immediate action.

3. The Commanding Officer, NFU will submit a memorandum weekly to the Deputy

Commissioner, Operations listing properties to be cleaned and sealed by L&I.

4. The Commanding Officer, NFU will notify the district Commanding Officer with

the results of the investigation.

D. The Deputy Commissioner, Operations will:

1. After a review, forward the approved list of properties to be cleaned and sealed to

the Deputy Commissioner, Department of Licenses & Inspections.

RELATED PROCEDURES: Directive 3.1, Vice Enforcement

Directive 3.4, Driving Under the Influence of Alcohol

and/or Controlled Substance

Directive 3.23, Possession of Small Amounts of

Marijuana (30 grams or Less) City

Code §10-2100

Directive 5.5, Juveniles in Police Custody

Directive 5.14, Investigation and Charging Procedure

Directive 5.21, Rules of Discovery

Directive 12.15, Property Taken into Custody

Memorandum 95-01, Laboratory Fees

Emergency Plan 20, Clandestine Drug Lab Emergency Plan

BY ORDER OF THE POLICE COMMISSIONER

PLEAC - Conforms to the standards according to the Pennsylvania Law Enforcement

Accreditation Commission

______________________________________________________________________________

FOOTNOTE # GENERAL # DATE SENT REVISION

*1 9820 08-01-01 Addition

*2 1485 05-08-03 Addition

*3 0406 04-20-04 Addition

Appendix “E” 05-26-06 New

Appendix “D” 03-17-08 Change

*4 Appendix “C” 8624 02-04-13 Change

DIRECTIVE 5.1 - 10

*5 8956 05-14-15 Additions/Changes



DIRECTIVE 5.1 - 1 APPENDIX “A”


APPENDIX “A”

SUBJECT: GUIDELINES FOR DESCRIBING NARCOTICS EVIDENCE PLEAC 3.6.1 c,d,e, 3.6.2,

1. POLICY A. The following guidelines will be used by all personnel when submitting evidence to the

*6 Office of Forensic Science (OFS) for analysis or to the Evidence Custodian Unit. The

proper handling, recording, and submission of such material is important in maintaining

a proper chain of evidence as well as for court presentations. It is also imperative that

the Property Receipt (75-3) be complete, accurate, and particular. (PLEAC 3.6.1d,e)

2. PROCEDURE

A. The following procedures will be adhered to:

1. Any item submitted must be described on the Property Receipt, regardless of

whether it is identified as a suspected narcotic. This includes, but is not limited to

paraphernalia, packaging, records, for example: (PLEAC 3.6.1e)

cardboard books of matches tally sheets

bags rolling paper telephone books

paper charred cigarettes address books

foil digital pagers cellular phones

2. Money submitted for drug residue testing (e. g., rolled bills) must have the serial

number(s) listed on the Property Receipt.

3. Items must be easily distinguishable by noting such things as purchased or

confiscated, item #1 from item #2, field-tested from non-field tested, etc.

(PLEAC 3.6.1d,e)

4. Items found in different locations in the same structure may be listed on the same

Property Receipt, if there is ONLY one defendant involved. However,

investigators must record with specificity the location the item(s) was/were seized.

(PLEAC 3.6.1d)

5. Items taken from different people, even at the same location, must be placed on

separate Property Receipts. (PLEAC 3.6.1d)



6. When drugs are seized from a buyer, the seller’s name and description (when

available), whether apprehended or not, will be placed on the Property Receipt as a

co-defendant. (PLEAC 3.6.1d)

*3 7. In cases when the arrest of an additional suspect(s) occurs after the submission of a

property receipt to the laboratory, the laboratory must be notified of the identity of

those persons. (PLEAC 3.6.1e)

a. A message will be sent to the laboratory through the police system using the

pre-formatted screen – SEND/LABP/223

*3 8. Currency should be totaled and listed by denomination on the Property Receipt. If

bundled, then describe as such. (PLEAC 3.6.1d,e)

3. DESCRIBING THE ACTUAL SUSPECTED SUBSTANCE

A. Marijuana

1. Describe on the Property Receipt the color, whether in natural form (e. g., plants,

leaves) or refined (e. g., ground), with or without stems or seeds. Live plants must

be counted and the number recorded. Also include the range in length of all plants

submitted. Remove as much dirt as possible, leaving the roots attached due to

mandatory minimum sentencing guidelines. (PLEAC 3.6.1d,e)

B. Tablets/Capsules

1. Describe the color(s), markings and/or lettering, shape and number submitted (e. g.,

50 red and white oval pills with the letters “S” and “K”). (PLEAC 3.6.1d,e)

C. Powdered/Granulated/Crystallized Substances

1. Describe the color and form (e. g., off-white powder or white chunky substance).

D. Kilo Bricks

1. Describe size, shape, color of wrapping, markings and/or lettering, color of tape,

contents and number of bricks.

E. LSD Blotter Papers/Stamps

1. Describe the color of the paper/stamps, the number and any markings and/or

lettering. It will be necessary to count the number of dosage units on each paper.

(See attached notes and sample of evidence tag.)


F. Liquids

1. Describe color (or absence thereof), container, approximate volume, labeling or

markings, relative contents to capacity (e.g., Approximately ¾ full.)

(PLEAC 3.6.1d,e)

NOTE: Personnel will at all times use latex gloves and/or other protective gear

when handling drug evidence to guard against accidental exposure and to

preserve potential latent fingerprint evidence.

4. DESCRIBING PACKAGING/CONTAINERS/PARAPHERNALIA (PLEAC 3.6.1d,e)

A. Secondary containers such as: M&M candy containers, bags, cigar boxes, cans,

cigarette packs, purses, money, articles of clothing, cookie tins, flashlight, suitcases,

drums, etc. not requiring scientific analysis will be submitted to the Evidence Custodian

Unit under a separate Property Receipt.

1. Containers will be described completely on the Property Receipt. Include color,

markings and/or lettering, type of material container is made of, shape, size, and

other descriptive information particular to that item.

*6 2. The Operations Room Supervisor will ensure secondary containers not requiring

analysis will be listed on a separate Property Receipt and submitted to the Evidence

Custodian Unit.

*6 NOTE: If a secondary container requires scientific analysis, prior to submission,

the officer must obtain a memorandum from the district/unit Commanding

Officer justifying the need for analysis. The memorandum must be

attached to the Property Receipt for the secondary container upon

submission.

*6 EXCEPTION: Prescription pill bottles containing pills/tablets do not need to be

submitted separately. This will ensure the integrity of the

pills/tablets are protected during storage, transfer and processing.

B. Vials

1. Describe the number of vials, type of vial (plastic/glass) along with the color of the

caps. If the vials are inside packets, describe the color of the packet as well as any

markings and/or lettering on the vial.


C. Packets

1. Describe the color, number, and type (e. g., glazed, plastic, zippers, heat sealed). If

the packet(s) is taped, note the color of the tape as well as markings or lettering.

Packets found in larger packets or envelopes must also be described.

D. Bundles

1. Packets, vials, etc. found bundled should be described as noted in IV. B and C

above as well as noting that they were found bundled. They must then be

submitted as bundles. DO NOT ASSUME ALL BUNDLES CONTAIN THE

SAME AMOUNT OF PACKETS OR VIALS. COUNT THEM FIRST!

5. FIELD-TESTED EVIDENCE (PLEAC 3.6.1d)

A. Field-tested evidence must be distinguishable from both the remaining items (i.e., those

not tested) and from each other if more than one sample is tested. All field-tested items

must be marked. If a field-tested item is removed from one of the many exhibits that

are similar in appearance, the container from which the item is removed MUST also be

marked. The name, badge number, and payroll number of the officer performing the

field test must also appear on the Property Receipt. (refer to #3 on example Property

Receipt).

*1 NOTE: Only the results of cocaine, heroin and marijuana field tests will be listed

on the Property Receipt.

6. HYPODERMIC SYRINGES (PLEAC 3.6.1d,e – 3.6.2)

A. All hypodermic syringes “NEW” or “USED” are to be handled with extreme caution.

B. If an officer comes in contact with a syringe, they will take it to the respective division,

where it will be placed in a bio-hazard container for disposal.

NOTE: Any syringe being used as evidence (e. g., homicide cases) will be placed in

the appropriate container, noted on a Property Receipt, and submitted to the

*6 Office of Forensic Science. SYRINGES WILL NOT BE SUBMITTED AS

NARCOTICS EVIDENCE.

C. Any officer who receives a puncture wound as a result of handling a syringe in the

performance of their duties will follow the guidelines set forth in Directive 12.14,

“Injuries on Duty and Other Service-Connected Disabilities”.


7. PROCEDURES FOR PREPARATION OF PROPERTY RECEIPTS (PLEAC 3.6.1c,d)

A. The following procedures will be utilized for the preparation of Property Receipts for

all physical evidence confiscated. The below format will be categorized, and numbered

1 through 8, with the following sub-classification:

1. Description of Evidence

2. Circumstances of arrest/seizures

3. Field Test results

4. Charges: Narcotics/other offenses

5. Control numbers: Narcotics, Detectives, other units

6. Co-defendants

7. Additional property receipts

8. Laboratory user fee requested.

(See Attached Example)

Notes on Evidence Label

1) _ of _ is the number of evidence bags submitted per Lab #. Each Property

Receipt # will represent a separate Lab #.

2) Case # refers to the unit's case number.

3) Mark the appropriate designation for the evidence: SEIZED,

PURCHASED or OBTAINED.

*6 4) The Office of Forensic Science Evidence Intake clerks will time stamp the

label, enter the submission into the BEAST LIMS, and generate a barcode

label for the evidence.


DIRECTIVE 5.1 - 1 APPENDIX “B”


APPENDIX “B”

SUBJECT: FORFEITURE PLEAC 1.6.1a,b,d,e, 2.7.7

1. BACKGROUND (PLEAC 1.6.1d)

A. Forfeiture is a Civil Law process whereby law enforcement agencies may seize

property if it has some substantial connection to, or has been instrumental in, the

commission of certain crimes, enumerated by statutes, pending review by the

appropriate court. In Pennsylvania, the following are the applicable federal and state

forfeiture laws which are most commonly used:

1. 21 USC 853 Federal Criminal Drug Forfeiture Law

2. 21 USC 881 Federal Civil Drug Forfeiture Law

3. 42 PA CSA 6801, 6802 Pennsylvania State Drug Forfeiture Law

B. The State Drug Forfeiture law provides for the forfeiture of all property used for, aiding

in, or facilitating illegal drug activity as well as any proceeds traceable to illegal drug

activity. After forfeiture, custody and use of such property and proceeds are assigned

to the District Attorney (DA) or the Attorney General. Federal Drug Forfeiture laws

are similar except that seizing law enforcement agencies, such as the Police

Department, can receive forfeited property or proceeds from the federal government.

*2 C. In an effort to avoid any actual impropriety or, equally important, the appearance of

impropriety by sworn members of the Philadelphia Police Department with respect to

asset forfeitures, it shall be the policy of the Philadelphia Police Department to prohibit

all sworn members of the Department from personally benefiting, directly or indirectly

from the forfeiture of any property. Accordingly, sworn members of the Department

shall not personally bid upon, receive, or otherwise use any forfeited property which

they are or have been involved or associated with in their official capacity as law

enforcement officers.

2. POLICY (PLEAC 1.6.1d)

*4 A. The Forfeiture Section of the Narcotics Bureau Intensive Drug Investigations will

ensure that all steps, actions, and procedures necessary to initiate, complete, and obtain

property subject to forfeiture are performed. In addition, this unit will be available to

provide information, to review and analyze documentation, and to assist Departmental

personnel in determining what evidence should be obtained or what methods or

practices should be utilized in identifying or uncovering assets subject to seizure.



1. The mere possession of money by a suspected drug violator does not subject that

money to forfeiture under state and/or federal laws. Money is forfeitable under

these laws only when the following conditions exist:

a. When the money is located in close proximity to a controlled substance, or

b. When probable cause exists to believe that:

1) The money was furnished or intended to be furnished in exchange for a

controlled substance;

2) The money is proceeds, traceable to such an exchange;

3) The money was used or intended to be used to facilitate any violation of the

state or federal drug laws.

2. Two or more of the following probable cause factors must exist in order to seize

assets for forfeiture:

a. Prior drug record or known drug activity by the owner of the money or asset;

b. The use of false or multiple identities by the owner of the money or asset;

c. A lack of credible explanation as to the source or purpose of large amounts of

money or asset, denial of ownership or abandonment of the money or asset, or

multiple explanations for the money or asset;

d. Lack of employment by the owner of the money or asset;

e. Positive alert by a drug detection dog (never constitutes probable cause for a

seizure by itself);

f. Excessive amount of money;

g. Money or asset is located near drugs, drug paraphernalia, or drug records, or

asset is used to transport drugs (vehicles are not seized when used to transport

small amounts of marijuana);

h. Excessive amount of money is found in a known drug area (abandonment).


B. The Forfeiture Section will initiate and conduct further investigations into a particular

individual(s) background, financial history, or other pertinent areas after an initial drug-

related arrest, seizure, or investigation has occurred. The Forfeiture Section will be

immediately notified of any seizure made pursuant to the forfeiture laws by members of

the Police Department when there is no narcotics arrest and an amount of currency in

excess of $1,000.00 has been seized. (PLEAC 1.6.1d)

3. PROCEDURE (PLEAC 1.6.1d)

A. Notification of Forfeiture Section in Non-Arrest Cases

*4 1. The Forfeiture Section is available to all members of the Department 24 hours a

day, 7 days a week. They may be contacted by unit phone at (215) xxx-xxxx

during the 8x4 and 4x12 tours of duty (except weekends and holidays); by cell

phone at (215) xxx-xxxx during 4x12 (if not available at above number) and 12x8

tours of duty and all hours on weekends and holidays. They may be contacted for

cases involving arrest when questions arise regarding a forfeiture or in cases not

involving arrest when the seizure meets the guidelines listed below.

2. All sworn personnel should be aware of the possibility of forfeiture when they

come in contact with property, such as paraphernalia, money, vehicles, etc., which

may be subject to the above statutes because of its use in drug activity or

connection to such drug activity or known association with drug activity. Such

property will be seized and a Property Receipt (75-3) completed per Directive

12.15, “Property Taken Into Custody.”

NOTE: All narcotics forfeiture vehicles will be entered into the police computer

system using the procedure outlined in Computer Training Bulletin 92-3

(A).

4. Forfeitures may qualify for Federal seizure guidelines as follows:

REDACTED - LAW ENFORCEMENT SENSITIVE


5. The Forfeiture Section will be notified immediately of any seizure made pursuant

to the above laws by members of the Police Department when there is no narcotics

arrest and the currency seized totals $1,000 or more. In these cases, the Forfeiture

Section will respond to the scene. Vehicles may only be seized when used in the

transportation of narcotics, not to include small amounts of marijuana. Any

questions regarding assets or money seized will be referred to the Forfeiture

Section. (PLEAC 1.6.1d)

B. Forfeitures in Arrest Cases

1. The Forfeiture Section will not be contacted to assume a forfeiture in the event of

an arrest, although they may be contacted for consultation.

2. In arrest cases, assets seized will be needed as evidence in court, therefore the

procedures found in Directive 12.15, “Property Taken Into Custody”, will be

followed.

3. Assets or money seized as a result of an arrest which is subject to forfeiture under a

section entitled “Forfeiture Information” will be included in the Investigation

Report (75-49). This section shall explain how the seized property relates to the

crime charged, where it was located in relation to other evidence, and any other

pertinent facts. In addition, a notation will be made in the Facts Section of the

PARS Report as to the seizure, what was seized, the probable cause for the seizure,

and the Property Receipt number(s).

NOTE: Arrest reports, including Investigation Reports will not be sent to the

Forfeiture Section.

C. Probable Cause to Seize Assets

1. Officers who are conducting investigations which do not lead to a narcotics arrest

or any other type of arrest may still have probable cause to make a seizure under

the forfeiture laws. The Forfeiture Section is available to assist in analyzing and/or

evaluating those cases where the forfeiture is appropriate.



a. In all cases where police believe probable cause exists and that assets are

subject to forfeiture, the seizing officer will transport these assets and/or the

individual in possession of the assets, where appropriate, to their district of

occurrence. The seizing officer will contact the Forfeiture Section and if

necessary, a Forfeiture Section detective will proceed to the scene of the

investigation and make the determination regarding the existence of probable

cause for asset forfeiture. In some instances, the existence of probable cause

can be determined over the phone with the Forfeiture Section.

4. RESPONSIBILITIES OF POLICE SPECIAL ADVISOR TO THE POLICE COMMISSIONER

*4 A. Because of legal issues that often are involved in forfeiture matters, the Special Advisor

to the Police Commissioner will be available to:

1. Provide advice concerning matters of forfeiture policy, legal procedure, and use of

forfeited proceeds.

2. Provide consultation and assistance to the Forfeiture Section in performing their

duties.

*4 3. Answer questions pertaining to forfeiture and this Directive. Special Advisor to

the Police Commissioner office phone number is (215) xxx-xxxx.

*4 B. The Special Advisor to the Police Commissioner will also be responsible for

reviewing and executing those documents required by any state or federal procedure to

request, obtain, and/or transfer property forfeited or property subject to forfeiture.

*4 C. At the direction of the Police Commissioner or their designee, the Special Advisor to

the Police Commissioner will also act as liaison with legal representatives from the

DA’s Office or the involved federal agency in forfeiture matters.

5. RESPONSIBILITIES OF POLICE FINANCE

A. All monies and proceeds obtained through federal forfeiture are received by the Police

Finance Unit and placed into the appropriate revenue accounts. (PLEAC 1.6.1a)

B. When property other than money is forfeited and retained federally, the Finance Unit

will be contacted to arrange for payment of any administrative costs necessary to

release the property to police custody. Such steps will only be taken after the approval

of the Police Commissioner for the retention of the property has been granted.

(PLEAC 1.6.1b,d)


*4 C. The Finance Unit will provide monthly reports of the status of forfeiture accounts to the

Deputy Commissioner, Specialized Investigations & Homeland Security and the Chief

Inspector, Special Investigations, and the Administrative Services Director.

(PLEAC 1.6.1a,e)

*4 D. Maintain a complete record-keeping and filing system on all forfeiture requests and

their final disposition. (PLEAC 2.7.7)

*4 1. All assets seized and forfeited as the result of Department investigation and/or

an investigation in cooperation with another municipality or state agency are

subject to the rules of forfeiture as designated in the forfeiture laws of

Pennsylvania, and shall be coordinated through the Office of the District Attorney.

*4 2. All assets seized and forfeited in cooperation with any federal agency are subject to

federal forfeited laws and shall be coordinated by the Office of the U.S. Attorney.

*4 3. All assets received by the Department as a result of forfeiture shall be inventoried

and tracked for the duration of their use. Once the asset is no longer of use to the

Department, the asset will be disposed of by the Department through City

procedures. (PLEAC 1.6.1a,e)

E. Maintain a complete list of tangible forfeited property and forfeiture purchases. Update

the list for new items as well as disposals.

BY ORDER OF THE POLICE COMMISSIONER

DIRECTIVE 5.1 - 1 APPENDIX “C”


APPENDIX “C”

SUBJECT: DECONFLICTION POLICY

1. POLICY

A. The Philadelphia Police Department participates in a multi-agency Deconfliction

Program conducted through the Philadelphia-Camden High Intensity Drug Trafficking

Area (PC-HIDTA) Watch Center. The Event Deconfliction Program allows the

Department to enter potentially dangerous operations into an event database where

locations are plotted on a map that shows immediate conflicts. A conflict is defined as

one or more agencies operating in the same area at the same time or having the same

target as another agency.

B. Deconfliction is imperative for immediate interagency communication in order to

protect the safety of officers engaged in narcotics/violent crime enforcement and to

safeguard the integrity of all drug enforcement operations. Therefore, Deconfliction

entries must be conducted prior to initiating any law enforcement operation. An

operation, or “event,” is defined as, but not limited to, a surveillance, drug buy and/or

bust, search and/or arrest warrant service.

C. In addition, the PC-HIDTA Watch Center uses the Case Explorer database as its main-

source of intelligence information and case management. Case Explorer is an

automated case-management system with search and alert capabilities that is used as a

Case/Subject Deconfliction tool. When data are entered into Case Explorer it will

automatically indicate matches of names, addresses, vehicle registration numbers and

identification numbers, firearms serial numbers, aliases, monikers, Social Security

Numbers, telephone numbers, associates and other identifiers. These matches are called

a “Hit”. Each inquiry is assigned a specific number for tracking purposes.

D. The Police Department divisions and units with access to Case Explorer must create and

update their own cases in this system. As cases are created and updated, Hits will

appear whenever the entered data match data already in the system. The designated

Supervisory Intelligence Officer at each division/unit having access to Case Explorer

and for identifying HITS and reconciling any conflicts. The PC-HIDTA Watch Center

will conduct Case Explorer searches when requested by members of the Police

Department who are engaged in official narcotics and/or violent crime investigations

and do not have access to Case Explorer at their respective divisions/units. Case

Explorer entries must be conducted prior to initiating a narcotics or violent crime case

to ensure inter-agency cooperation and officer safety, and to prevent duplication of

effort.

Issued Date: 03-17-08 Effective Date: 03-17-08 Updated Date:


E. The PC-HIDTA Watch Center will accept information from any law enforcement

agency conducting high-risk law enforcement activity within the Philadelphia-Camden

HIDTA region Monday through Sunday, 8 AM to Midnight. Any database request

received after hours will be searched the next day and given priority. The Watch

Center can be reached at telephone number (215) xxx-xxxx, xxxx or by fax at (215)

xxx-xxxx. Information can be submitted via fax using the standardized PC-HIDTA

Event Deconfliction Form (01-10-2007) for drug enforcement operations or violent

crime operations, as indicated in Section 1-A., or the standardized Case Explorer Input

Form for case/subject searches as indicated in Section 1-B. Only authorized Police

Department personnel may have access to information contained within PC-HIDTA

databases. See attached copies of these forms.

F. HIDTA Watch Center personnel will not resolve operational disputes between agencies

or departmental units, nor will they judge the importance of any operation. Supervisory

personnel of the involved agencies or units will resolve all disputes. Once resolved, the

primary investigative agency/unit maintaining control over the investigation will

contact the duty supervisor/desk officer at the HIDTA Watch Center to communicate

the resolution that was reached.

G. To eliminate Watch Center personnel from making unnecessary notifications or

maintaining non-conflicting events, all contributing agencies will:

1. Ensure that a HIDTA Watch Center supervisor/desk officer is contacted regarding

any change in the status of the investigation;

2. Unless a status change is reported to the HIDTA Watch Center, the Deconfliction

event will automatically be deleted as an active event at the end of the 24-hour day

in which the event was reported to end.

2. EVENT DECONFLICTION DATABASE ENTRIES AND INQUIRIES

A. Prior to initiating any narcotics/violent crime operation, or “event,” the supervisor of

the agency/division/unit conducting the operation will fax to the HIDTA Watch Center

a completed PC-HIDTA Event Deconfliction Form. Operations planned to begin after

the close of the Watch Center (Midnight, Monday through Sunday) must be submitted

to the Watch Center.

1. Requestor’s name, badge number, district/division/unit of assignment, office

telephone and fax numbers, pager number and/or mobile phone number.

2. Name, rank, badge number and contact phone numbers of the supervisor

overseeing the investigation.

3. Agency name, case number or district control number.


4. Date and time operation event will begin.

5. Date and time operation event will end.

6. Location of event, including street address, cross street and business name.

7. Radius to be searched for potential conflicts.

8. Type of event, e.g., search warrant, arrest warrant, surveillance, buy/bust, or other

high-risk event.

9. Type of investigation (e.g., drug (including name/type), homicide, fugitive,

weapons, financial).

10. Remarks as appropriate to assist in reconciling potential conflicts.

B. Deconfliction events should be faxed to the Watch Center at least two (2) hours in

advance of planned operations (events), when possible. Extenuating circumstances

precluding the two (2) hour notice require notification as soon as possible.

C. After the inquiry is complete, the Watch Center will make notifications regarding the

results. Should a conflict arise, both agencies will be notified by the Watch Center and,

subsequently, both agencies are expected to confer and agree to one of the following

options before proceeding with the operation (event):

1. The planned event (warrant, surveillance, buy/bust, etc.) will proceed as scheduled

by the requesting agency/division/unit.

2. The planned event will proceed as a joint operation;

3. The planned event will be delayed until it can be conducted without jeopardizing

another investigation/operation and/or officer safety;

4. The planned event will be cancelled.

3. CASE EXPLORER DATABASE ENTRIES AND INQUIRIES

A. Prior to initiating any narcotics, violent crime or other potentially conflicting

investigation, the initiating agency/division/unit will ensure that a case is created in

Case Explorer. Those agencies/divisions/units having access to Case Explorer via their

individual virtual databases must enter the pertinent data into Case Explorer, including

the case number, name of target, or “subject,” addresses, associates, type of

investigation, narrative, etc.


B. Once the data are entered, if a match, or “Hit,” occurs in the database, the Hit icon will

alert the entering agency and the agency on whose case the new entry has hit. It is then

the responsibility of the Supervisory Intelligence Officers of both

agencies/divisions/units to ensure that they confer and agree to one of the following

options before properly proceeding with the investigation:

1. The investigation will be assumed by only one of the agencies/divisions/units;

2. The agencies/divisions/units will conduct parallel but separate investigations, while

maintaining a liaison which facilitates communication and cooperation; or the

agencies will conduct a joint investigation.

3. Philadelphia Police Department divisions/units not having direct access to Case

Explorer via their own virtual database may submit their case information to the

Watch Center for entry into Case Explorer on an as-needed basis until they can be

assigned their own input capability. Case information will be submitted to the

Watch Center via fax, using the standardized Case Explorer Input Form. If a hit

occurs in the database, the Watch Center will provide the requesting agency with

pointer information only (e.g., agency name, contact person, phone number, case

number) to enable that agency to contact and confer with the agency on whose data

the hit occurred. The procedures outlined in Section 3-B will be followed.

NOTE: Only pointer information is provided in the Hit Window Should the

Watch Center be contacted by any law enforcement agency for hit

information, only pointer information will be provided. No investigative

information is to be provided to either agency/division/unit by the Watch

Center. Information must be shared between the agencies/divisions/units

on a one-on-one basis.

BY ORDER OF THE POLICE COMMIS

DIRECTIVE 5.1 – 5 APPENDIX “C”


OUTSIDE AGENCY FORM

DIRECTIVE 5.1 – 6 APPENDIX “C”


OUTSIDE AGENCY FORM

DIRECTIVE 5.1 –7 APPENDIX “C”


OUTSIDE AGENCY FORM

Documents

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5 · 2020-05-13 · Entries prior to initiating a narcotics investigation. h. Under no circumstances shall a district level narcotics investigation