Unit 6.0 Lesson Plan Contraband-EvidenceUNIT 6.0 LESSON PLAN
CONTRABAND/EVIDENCE
MODULE 6.1
IDENTIFYING CONTRABAND
1:00
J.K. NUMBER 2
8 TEST ITEMS
UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE: Generate a definition of contraband per
6.1.1 your department policy and procedure No test items
1.. Have participants work in groups by agency and define contraband. Student manual
Review in class and then come up with a common definition for
the purposes of class discussion. (Use their Dept. P&P for reference)
A. Definition: Anything that is in possession or in the area of an inmate
contrary to the rules or regulations of the facility.
B. Contraband can also include items not sold to the inmate via commissary
not issued by jail staff not permitted by the rules, not specifically authorized
for an inmate or
2. Types include:
A. Clothing, other than jail issued
B. Excess jail clothing
C. Excess jail supplies
D. Ink pens
E. Body jewelry --other than jewelry that cannot be removed or specifically
authorized by P&P. ie., medical alert tag.
F. Food --not sold on commissary
G. Cosmetics not sold through commissary
H. Metal or glass items
Excess or unauthorized medication
Money
K. Reading material in excess of standards
I. Knives
M. Guns
N. Bombs
O. Escape tools
P. Drugs or drug paraphernalia
Q. Items deemed to breech security or safety
3. Review with class those items that their facility will allow and discuss why these
exceptions may occur.
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UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE: State why each major type of contraband
6.1.2 represents a potential hazard in a 1 test item
correctional facility. For example:
materials for shank
stamps
Discuss the potential hazards of contraband within a correctional
facility.
A. Ask class why contraband is a hazard
review and discuss.
b. Explain how simple items can be made
into weapons. i. e.,
C. Ex lain how a bomb can be made using
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UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE: Given a list of items from a sample
6.1.3 departmental policy, identify how contraband 1 test item
can be confiscated (e.g., put in inmate's
property, dispose of conrrband)
1. Give class a list of items that may or may not be contraband. Have
them determine from their policy and procedure manual if the items are
contraband or not.
A. Items generally not considered contraband:
b. Review again when these items would be considered contraband.
C. Discuss what items would be placed in property, which would not.
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UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE:
6.1.4
Identify common ways in which
contraband is obtained by inmates.
For example:
Ask class how they think inmates bring contraband items into the jail
facility
A. Discuss how each of these persons/methods pass, deliver, secrete
contraband to inmates.
3 test items
PERFORMANCE OBJECTIVE: List common hiding places for contraband
6.1.5 For example: 3 test items
1 Review common hiding places for contraband Ask class where they believe inmates hide
contraband.
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UNIT OUTLINE AND PRESENT ATION NOTES:
Z. Review most common areas as well as the least common. Remind class that an
inmate can and will hide contraband everywhere.
Don't overlook the obvious.
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MODULE 6.2
HANDLING CONTRABAND
2:00
J.K. NUMBER 2
15 TEST ITEMS
UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE: Describe the process for handling various
6.2.1 types of contraband (e.g. drugs, weapons), 2 test items
using a sample departmental policy and
procedure manual for reference.
1. Discuss with class the importance of properly handling contraband items
once found.
A. Ask class why it is important:
2. Review appropriate documents that might be
completed once contraband is found.
3. Ask class how they would handle the following types of contraband
A. Drugs/narcotics
B. Drug paraphernalia
C. Weapons --discuss the importance of safe gun handling techniques.
D. Fluids
E. Excess clothing/bedding
UNIT OUTLINE AND PRESENTATION NOTES:
4. Stress with class the importance of using safety precautions and equipment
especially when handling fluids and drugs. Review basic handling procedures.
A. Orderly collection of item and inventory
B. Photograph/Sketch location
C. Inventory item
D. Mark item
E. Properly package item --DO NOT place evidence in plastic bags.
F. Wrap to avoid breakage
PERFORMANCE OBJECTIVE: Given a description of an incident in which
6.2.2 an inmate is found to be in possession of a 1 test items
given type of contraband, state whether an
arrest is indicated using the Penal Code for
reference.
PERFORMANCE OBJECTIVE: When an arrest is indicated, describe the
6.2.3 procedure for, and the critical results of, 1 test items
handling contraband as evidence using the
Penal Code as reference
Have the class determine if an arrest should be made if an inmate Student manual
is found with certain types of contraband. Have them work in groups
using the scenarios outlined in their student manuals.
2. Review with the class the appropriate procedure for handling contraband when
an arrest is indicated.
A. Review procedures for:
B. Review and discuss the importance of preserving evidence, maintaining crime
scene, etc.
UNIT OUTLINE AND PRESENTATION NOTES:
C. Discuss how each agency may use various personnel to assist
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with handling of the contraband.
3. Review definition of contraband.
A. Participants will need to identify if the arrest is warranted.
What P.0 section has been violated. If Policy and Procedure has been
violated and what section. What actions the officer will take.
The class will also need to describe the procedure for handling
and contraband determined to be evidence.
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UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE: Define "Chain of Custody". 1 test item
6.2.4
PERFORMANCE OBJECTIVE: Identify the steps for maintaining the "chain of
6.2.5 custody" including: 5 test items
Who found the contraband/evidence
Where it was found
Isolate/preserve crime scene
Who recovered and marked it
Who transport it
Where it was logged in and stored
The contraband's/evidence condition before and
after handling.
Obtain collect urine samples
Documentation of steps
Chain of Custody reflects the persons who have touched or collected
the evidence in chronological order, using date and time as indicators.
A. Each piece of evidence that is handled after being initially found
shall have a progression of handlers logged, usually on an
evidence or property form.
B. Anytime a portion of the evidence is removed or changed in any
manner the incident is logged so when it is produced in court
the prosecution can accurately reflect what happened to the
evidence once it left the first officers hands.
C. The collection of the evidence should tell a story. The officer needs
to remember that when processing any crime scene that what they
do or fail to do could make or break the case.
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D. Documenting chain of custody is imperative when testifying in
court and for detectives when trying to solve a case. Documentation
should include:
E. It is also important to know that the crime scene was preserved and
at what point. Documentation should include who was present and
who may have entered the area.
F. Ensure that appropriate documentation and storage is made
when collecting body fluids or urine samples.
PERFORMANCE OBJECTIVE: Given a scenario, identify items which should
6.2.6 be treated as contraband/evidence and used 5 test items
for disciplinary or court proceedings.
1. Review with class contraband vs. evidence issues and have them
complete scenarios in notebook.
a. Stress chain of evidence, especially when uncertain if crime report will
be written.
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Module 6.3
Evidence
2:00
J.K. Test #2
9 Test Items
UNIT OUTLINE AND PRESENTATION: NOTES:
Performance Objective: Identify and define the following terms:
6.3.1 5 test items
Burden of proof (obligation to produce
evidence to prove facts)
Contraband (item which is illegal to possess
and mere possession is a crime)
Evidence (Evidence Code Section 140 re: testimony,
writings, material objects or other things presented
to the senses that are offered to prove the existence
or nonexistence of a fact)
Reasonable cause searches (Title 15 re: person in custody
subject to searches for a lower level of cause)
Proof (establishment of fact by evidence)
Spontaneous statements (statements made in response
to a sudden or startling event)
Burden of Proof --obligation to produce evidence to prove facts.
A. May require a party to raise a reasonable doubt concerning the existence
or non existence of a fact or that they establish the existence or non
existence of a fact by a preponderance of evidence, by clear and
convincing proof, or by proof beyond a reasonable doubt.
B. Except as otherwise provided by law the burden of proof requires proof by a
preponderance of evidence.
C. The court will instruct the jury as to which party bears the burden of proof in
each issue and as to whether that burden requires reasonable doubt or
upon a preponderance of the evidence.
D. Evidence Code 520--The party claiming that a person is guilty of a crime or
wrongdoing has the burden of proof on that issue.
2. Contraband --any item that is illegal to possess either by statute or department
policy and procedure. Mere possession may be a crime in some instances.
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UNIT PRESENTATION AND OUTLINE: NOTES:
3. Evidence --defined in Evidence Code Section 140
A. Means testimony, writings, material objects, or other things presented to
the senses that are offered to prove the existence or nonexistence
of a fact.
B. The "stuff' we need to prove state of mind, injury, what the weapon was,
etc.
C. Words, testimony, birth/death certificates, documents, photos, etc.
D. Fruits of the crime --usually easiest to prove.
E. Instrumentality of the crime --items the suspect used to commit the
crime.
F. Can be fruits, instrumentalities and contraband at the same time.
g. Evidence is an item of proof.
H. There is direct and circumstantial evidence.
4. Reasonable Cause searches
A. Persons in a jail setting are subject to searches for a lower level of cause.
B. Items found during a search in the jail are easily introduced into evidence
because inmates are subject to search and seizure at any time.
5. Proof --requires the establishment of fact by evidence.
6. Spontaneous statements
A. Usually a statement made at exciting or stressful event.
B. Must have been made at or near time of event.
C. Must have been made while under the stress of and about that event.
D. Some statements can be both admissions and spontaneous statements.
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PERFORMANCE OBJECTIVE: Identify the reasons for offering evidence
6.3.2 in court, including:
An item of proof of the crime or incident
To impeach a witness
To confront testimony of a witness
To assist court in its determinations
Evidence is produced in court for several reasons
A. Item of proof for example that a certain type of weapon caused
the wound.
B. It is used to impeach witnesses --not defendant's unless they testify.
C. Allows for rehabilitation of a witness.
D. Sentencing/Hearings--helps judge decide sentence
2 test items
UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE: Identify the test that evidence must 1 test item
6.3.3 successfully pass before it may be entered
into criminal court (Evidence Code Section
21 D) including:
Must be relevant to the matter at hand
Must be competently presented in court
Must have been legally obtained
Evidence must be relevant before it can be presented into criminal court.
Including:
A. Relevance to the credibility of a witness
B. Includes not only evidence of the ultimate facts actually in dispute
but also evidence of other facts from which such ultimate facts
may be presumed or inferred.
C. Relevancy is determined by the court. There is no precise or universal
test to determine relevance. Generally if it logically relates to legitimate
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issue in the case then it's considered relevant.
D. Attorneys must present evidence in court in a competent manner.
E. Evidence must not be tainted or obtained illegally. If this is proven
the evidence with not be admitted into court.
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UNIT OUTLINE AND PRESENTATION NOTES:
PERFORMANCE OBJECTIVE; Identify the main purpose of the "Rules 1 test item
6.3.4 of Evidence" i.e., protecting the jury from
seeing or hearing evidence that is:
Likely to confuse the issues
(e.g. irrelevant or unreliable)
Unfairly prejudicial (e.g., other acts of the
inmate are unrelated to the charges)
Unduly time consuming to present in
court.
Discuss why it is important for the court to have rules of
evidence as it relates to it's presentation in court and
fairness to the defendant.
A. Exculsionary Rule
b. All evidence must be competent --meaning the attorney has taken
the appropriate steps for authenticity of the evidence.
C. Rules of evidence also expedite the trial process.
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