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Good morning,
Does anyone have a policy regarding the destruction of paraphernalia evidence at the patrol level when no arrests are made or if its recovered property? The argument that is being made is a drug unit does a search warrant on a marijuana grow house and locates all the plants and thousands of dollars of paraphernalia. The paraphernalia isnt all collected, but destroyed on site because the paraphernalia is properly documented prior to destruction. However, a patrol officer locates a 99 cent crack pipe on the road and no arrests are made, but the officer has to spend the time and effort to package and submit the pipe into evidence, which has to go through the disposal process.
It seems like a lot of extra effort that may be unnecessary.
Does anyone have a policy regarding this issue?
Thanks
I spoke with our Evidence Unit and was advised that there is a specific law relating to the equipment (paraphernalia) used in grow houses that allows it to be destroyed on-scene. I found that in 2008 new legislation was passed regarding an alarming increase in the number of grow houses being maintained in Florida, which was causing a huge burden on law enforcement being required to store massive amounts of cumbersome grow house equipment as evidence. Florida Statute 893.10 was amended to allow this practice for ‘manufacturing equipment’ after following certain procedures. I could not find anything that gives discretion for destroying paraphernalia that is simply found somewhere and at our agency it is to be turned into evidence/property. Not sure if this is helpful, but I just wanted to let you know about the grow house exception to the evidence submission requirement.
Here is a link to the House Bill that became law:
https://ccmedia.fdacs.gov/content/download/7320/file/2008_Indoor_Marijuana_Grow_Law.pdfThank you. That is helpful, ill pass it along.
Im also trying to find any information on regular paraphernalia. That seems to be clogging up our evidence section as well.
Thanks
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