Seized Drugs and Firearms: FBI Needs to Improve Certain Physical Safeguards and Strengthen Accountability

According to the FBI, it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of drug evidence. The FBI stated that individual FBI field offices provided additional instructions/training to their evidence control technicians (ECTs). For example, the Miami Field Office instructed its ECTs not to accept drug evidence unless it is sealed and labeled in accordance with FBI policy. In the New York Field Office, personnel in the Operations Center are now charged with ensuring compliance with procedures that require careful examination of new drug evidence by a trained evidence control technician, including documentation of the examination to ensure accountability. In addition, the FBI's Evidence Program Manager sent a memo to all ECTs reminding them of the importance of adhering to evidence policy, citing specific examples including not accepting drugs unless they have been properly sealed and are accompanied by appropriate documentation.

According to the FBI, in 2003, it completed renovations of the drug vaults in its field offices by installing a ventilation system in the Dallas field office's existing drug vault and moving the New York and San Diego field offices' drug vaults to larger, adequately ventilated areas. By improving the ventilation in these drug vaults, the FBI has taken appropriate steps to promote a safe and healthy environment for its evidence control personnel.

According to the FBI, it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of firearm evidence. At the New York Field Office, for example, the FBI stated that a firearms instructor must now ensure a firearm is rendered safe and verify his/her inspection on chain of custody documents attached to the weapon. In addition, prior to being issued a control number in the evidence control system, the name of the firearms instructor and the date of the firearm inspection must be entered into the database, thus providing an electronic record of the inspection. The FBI's Evidence Program Manager also sent a memo to all ECTs reminding them of the importance of adhering to evidence policy, citing specific examples including not accepting a weapon unless it has been rendered safe by a firearms instructor and so documented on the lower left hand corner of the chain of custody.

According to the FBI, it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of evidence. With regard to the chain of custody forms, the FBI stated, for example, that the Dallas Field Office form has been modified to include a place for the bar code and file/exhibit numbers. In addition, it stated that the New York Field Office has physically examined each drug item to ensure the documentation includes a bar code, case number, exhibit number, appropriate signatures, and date/time of entry and that proper chain of custody documents are attached to the evidence. The FBI's Evidence Program Manager also sent a memo to all ECTs reminding them of the importance of adhering to evidence policy, citing specific examples including that all evidence in evidence control rooms is to be properly bar coded.

The FBI stated it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of evidence. The FBI's Evidence Program Manager sent a memo to all ECTs reminding them of the importance of adhering to Evidence Policy, including a specific reminder to run Charge-Out Reports periodically according to evidence policy.

According to the FBI, it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of drug evidence, including bulk seizures. In Miami, for example, the FBI stated that agents are reminded periodically during squad meetings to adhere to policies requiring written notification of bulk seizures to the U.S. Attorney within five workdays and the photographing of bulk seizures. In addition, the FBI stated that Miami has also established a file for paperwork supporting the destruction of drug evidence, which is maintained by the Drug Program Coordinator. In the New York Field Office, inventory receipts, prepared and provided to the Assistant U.S. Attorney for all drugs seized as part of a search or arrest warrant, are used to meet the written notification requirement. The New York office also maintains detailed records of the destruction of all drug evidence. For example, following GAO's review, to document the destruction of over 4,000 pounds of drug evidence, the Audio Visual Unit of the New York Field office videotaped the entire activity and a 25 page document was prepared to memorialize the destruction of the evidence.

According to the FBI, it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of drug and firearm evidence. For example, the FBI stated that the Dallas Field Office policy has been revised to ensure that all evidence is received and entered into the ACS system within the mandated timeframe. Evidence received late requires an explanatory electronic communication, approved by the Agent's supervisor, before the evidence is placed into the custody of the evidence control technician. Recurring late entries are reviewed under the newly imposed field office self-inspection process. In addition, the FBI's Evidence Program Manager sent a memo to all ECTs reminding them of the importance of adhering to evidence policy, citing specific examples including not accepting evidence that is submitted beyond the 10 day timeframe unless the evidence is accompanied by an approved, serialized explanatory memorandum.

According to the FBI, it has taken steps to reinforce FBI field offices' adherence to existing policies by advising its field offices to ensure compliance with all policies and guidance related to the proper storage of drug evidence. For example, the FBI stated that the Miami Field Office evidence control technicians have been instructed to weigh all drug evidence to include the original container and packaging material being entered into the drug vault and to enter that weight into the designated field in the ACS system. According to the FBI, drugs seized in the New York and Dallas Field Offices are also now weighed, including the original container and any packaging material used to seal the evidence.

According to the FBI, the New York Field Office was reinspected in September 1999 and the office had relocated the drug vault to a larger facility, resealed and repackaged every drug item and addressed issues regarding the night depository. As a result of the reinspection, additional instructions were issued to further assist that office in ensuring full compliance with all evidence policies and procedures. The additional instructions, which included (1) ensuring proper documentation is generated for all drug evidence retained in closed cases and (2) establishing a regular and systematic method for identifying drug evidence eligible for disposal, have been addressed by the New York Field Office. For example, the Administrative Officer is now responsible for notifying the Special Agent in Charge, on a semi-annual basis, of any drug evidence maintained without appropriate documentation. In addition, New York established an annual tickler for inventories of the Drug Vault to be conducted during September of each year to ensure drugs are identified for disposal in a timely manner.

According to the FBI, it has reviewed its existing policy and considers the current procedures for verifying evidence information entered into the ACS system to be adequate.

The FBI has revised its policy manual to include procedures for identifying and accounting for significant weight discrepancies in drug evidence. The policy provides the definition of a significant weight discrepancy, techniques for identifying such discrepancies, and documentation and notification requirements for discrepancies detected during a review of drug evidence.

The FBI has revised its policy manual to include procedures for identifying and accounting for significant weight discrepancies in drug evidence. The policy provides the definition of a significant weight discrepancy, techniques for identifying such discrepancies, and documentation and notification requirements for discrepancies detected during a review of drug evidence.