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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. 2 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 3 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. 4 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. 13 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. 7 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 N 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. 10 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. 11 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. 12 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. 13 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. 14 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 15 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. 16 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. 17