Fdin Thresholds

1. The initials of the agent who acquired the exhibit and the agent(s) (or other law enforcement official) who witnessed the acquisition or handled the exhibit in any manner.

2. The exhibit number.

3. ' The investigative file number.

4. The date of acquisition.

These markings, where practicable, should be made directly on the exhibit, using a permanent marker. ' - -

C. Sealing

1. Use of Evidence Labels. When using a plastic heat-sealable evidence envelope, use the label permanently a-ffixed to the envelope. When using another means to package the exhibit, use a gummed -label containing the same information. These labels will be completed in ink as follows:

a. Case Number. Enter the investigative file number.

b. Exhibit. Enter the exhibit number.

c. Date of Seizure or Purchase. Enter the month, "day,, and year of acquisition.

d. Sealing Official. Print the name of the agent sealing the evidence. Normally, this should be the agent-who acquired the exhibit.

e. "Witnessing Official. Print the name of the.agent or officer who witnessed the sealing. Normally, this should be the agent or officer who witnessed the acquisition.

f. Laboratory Number. For laboratory use only.

g. Date Opened by Lab. For laboratory use only.

h. Gross Weight After Analysis. For laboratory use.

2. Use of Evidence Seals. The gummed DEA seals are only required when a plastic evidence envelope is used. They will 'be prepared and affixed as follows:

a. The agent and the witness will initial the name block, enter the date of sealing, and the investigative file number.

b. The seal will be affixed to the outside of the -plastic evidence envelope, parallel to the opening, such that it will be centered over the line of the heatseal. Do not affix the seal to the inside of the envelope.

c. Heat-seal the plastic envelope and inspect the seal to assure it is fully sealed.

*3. When submitting a bulk exhibit to a DEA laboratory, boxes of uniform size should be used throughout the exhibit. This facilitates stacking for transporting and storage of the exhibits. Weight of the individual boxes should be limited to 15-20 kilograms. Experience has shown that a box with dimensions of 17" x 13.5" x 12" meets these requirements.

a. Boxes should be submitted to the laboratory as full as possible, with packing material added if necessary. Partially filled boxes tend to get crushed when other boxes are placed on top. Additionally, when handling partially full boxes, the weight inside the bo'xes continuously shifts during transfer.

b. Encircle the container'with fiber-reinforced plastic tape such that the ends meet at one place on the package.

c. Prepare the evidence label as listed in 6662.22(C)(1). Add the date of sealing and the initials of the sealing agent and witness to the items of information called' for in 6662(C)(1) above. Affix the label so that it covers the connecting point of the tape ends. Information and signatures on the DEA seals should be covered with clear plastic tape to prevent mutilation during handling.

d. Each box should be numbered consecutively (1 of 10, 2 of 10, etc.,) with a bold, easily recognizable number. Several sides of the box should be marked to allow for the boxes to be. accounted for from any angle of view.

e. The contents of each box (e.g., number of packages, heat-sealed envelopes, etc.,) should be listed on the outside of the box, as well as with the accompanying documentation.*

4. Not more than one exhibit will be sealed in a single evidence envelope or package (e.g., box).

D. Opening and Resealing of Evidence. Under normal circumstances, an exhibit—once sealed—should not be opened .except by the chemist or as required in a court proceeding. Where sealed evidence must be opened for other purposes, the following procedures shall apply:

1. Sealed evidence must be opened in the presence of another DEA agent, or, in the absence of a DEA agent, by a law enforcement officer of another agency.

2. The evidence package will be opened in a manner that will preserve the informantion on the evidence seal and/or label.

3. Upon completing the action for which the package was opened, the evidence and all parts of the old envelope will be placed in a new evidence envelope or package an-d resealed as- in' C above.

4. The reason for opening and resealing the evidence, as well as the date and name of the person(s) doing it, will be reported on DEA Form 6.

5. See 6662.45 about resealing evidence opened in court. 6662.23 Determining Gross Quantity

A. The gross metric weight of each sealed drug exhibit (substance, container, and envelope) will be determined and reported in item 14 of DEA Form 7, as well as the DEA Form 6 reporting the activity. If the exhibit consists of tablets and capsules, the total count will be reported in item 12; if a liquid, as volume in item 12. If the exhibit is in a factory-sealed container, include this fact in these reports.

B. If the gross weight is under one kilogram, determine to the nearest tenth of a gram. If over one kilogram, determine to the nearest gram.

(NOTE: Field office management will assure that the office balances are' calibrated at least on an annual basis. This may be done either by commercial arrangement or by arrangement with DEA laboratory personnel.

Field office management will also assure that its agent personnel are properly trained in the use of these balances.)

C. Tablets and Capsules. The number of tablets or capsules may be determined in either of two ways: if a small quantity, by actual count; if a large quantity, by computation based on relative weights (i.e., count and weigh 100 units to determine unit weight. Divide this into the net weight of the entire exhibit to determine the total number of units.).

If the exhibit consists of legitimately manufactured drugs in factory-sealed containers, and there is no reason to suspect tampering, then the count shown on the label will suffice.

D. Liquids. The gross quantity will be reported by vo-lume, derived as precisely as possible under the prevailing circumstances. Base' the estimate on the known or apparent size of the container. If the original container is not sealable against leakage, use a substitute container.

E. Powders or Loose Solids. The gross quantity need only be determined after sealing the exhibit.

6662.24 Latent Print Analysis

A. Frequently, latent finger or palm prints on a container or other item will be of evidentiary significance. Where a latent print analysis is deemed appropriate, the item should be submitted to the DEA laboratory for this purpose. Requests for such analyses may only be made of other agencies where time preicludes submission to a DEA laboratory or where the prosecutor directs it be done by another agency.

Where a container of a suspected drug is to be submitted to another agency for latent print analysis, its suspected drug " contents will be placed in a substitute container for submission to a DEA laboratory.

B. When an item is to be submitted for latent print analysis, extreme caution must be exercised in its handling and packaging to. avoid obliteration of the prints. To avoid deterioration, it must also be submitted promptly.

C. If marking the container as required in 6662.22B would risk obliteration of the latent prints, then the container may be placed in a protective container which can be marked and handled as usual. When placing an item to be analyzed for latent prints in any outer container or wrapping, ensure that it is not free to move or rub against its wrapping.

D. The evidence label (see 6662.22C) should bear the warning "LATENT FINGERPRINT EVIDENCE - DO NOT TOUCH."

E. Submit the exhibit via a DEA Form 7 if it is a container holding suspected drug evidence, or a DEA Form 7a if no drug analysis is required. In either case, indicate in the Remarks section, in a prominent manner, that latent print analysis is being requested.

F. Also in the Remarks Section, report--insofar as known—the names of all suspects who handled or may have handled it. Tor each suspect, report his full name, and as much of the following as possible: D/POB, FBI number, physical description, other Federal identification numbers. Use an attached sheet, if necessary.

**G. In a cover memorandum submitted with evidence and/or- fingerprint exemplars, include a brief description of the circumstances surrounding the obtaining of the exhibit(s). If possible,, the location(s) on the exhibit(s) which may have been touched or handled by the suspect(s). Many times due to operational necessities, i.e., "buy/bust" seizure, size of exhibits, sealing or repacking, the evidence is handled by law enforcement personnel. For elimination purposes in the latent print analysis procedure, include in the cover memorandum (not on the DEA-7 or DEA-7a) the name, social -security number and date of birth of any law enforcement personnel or any non-suspect who may have handled the • evidence.**

6662.3 REPORTING

A. Continuing congressional Inquiry necessitates that PEA maintain accurate statistics on worldwide drug seizures with or without DEA participation. SACs and CAs must take a personal interest in ensuring timely and continual reporting of all significant seizures as outlined in the Agents Manual. Significant seizures, whether made by DEA or another agency, will be immediately reported by cable to the appropriate drug desk. Details of the seizure including the specific nature of any DEA supplied information leading to the seizure are required. The drug desks will compile the information to submit to DO on a monthly basis. A significant seizure for the purposes of this reporting requirement will be consistent with the criteria established in paragraph 6662. 32 of the Agents -Manual. - -■.*

B. The circumstances surrounding the acquisition of drug evidence will be fully reported on DEA Form 6. The acquisition itself will be reported on DEA Form 7, which serves four purposes:

1. A written request for drug analysis by a DEA 'laboratory.

2. A receipt for drug evidence received by the DEA laboratory.

3. A record of the results of the analysis.

4. A source document for statistical information.

2. Who Obtains the FDIN. Normally, the first Federal agency to take custody of drug evidence that requires an FDIN will be responsible for obtaining the FDIN from the El Paso Intelligence Center (EPIC). Within DEA, the Special Agent taking custody of the the.evidence will usually be the individual responsible for obtaining the FDIN.

If custody of drug evidence meeting the above threshold weights is transferred to DEA from Customs, Coast Guard, the FBI,.or INS, the FDIN Bust be provided to DEA as part of the custody transfer. If an FDIN is provided to DEA for evidence not requiring an FDIN, report the FDIN in accordance with paragraph 4, below.

^ Be ready to provide the following lrn^Mns^Ton, which will be recorded in a log maintained by EPIC;

Name and Title of Official Requesting the FDIN Agency and Telephone Number of the Official Requesting the FDIN

Date and Local Time Collected Place Collected (City, State)

Conveyance Type (e.g., vehicle, vessel, aircraft', or person)

Conveyance Identifier (e.g., name, number) Quantity of Drug Collected (including unit of measure) Type of Dru^ Collected (e.g., heroin, cocaine, or marijuana

EPIC will then issue an FDIN, which will be an eight digit number beginning with the last two digits of the fiscal year in which the drug evidence was collected, e.g., 87000010. There will be no dashes or periods in the number.

4. How to Report the FDIN. Report the FDIN in item 10 ofithe DEA Form 7. If a DEA Form 7 Fs used to report two or more exhibits and any of the exhibits has an FDIN, refer to the exhibit number and its' associated FDIN, e.g., Exh. 1 FDIN 87001569; Exh. 3 FDIN 87001573. An FDIN must be reported on any DEA Form 7 reporting drug evidence as described in paragraph 1 above.

6662.31 For Evidence in DEA Custody

A. Except under extenuating circumstances, the agent who acquires the evidence will also prepare the DEA Form 7.

B. No more than three separate exhibits may be placed on a single DEA Form 7 with the following special conditions:

1. A series of samples from the same bulk evidence seizure (e.g., Subexhiblts la through lk) may be placed on the same DEA Form 7.

2. Where an original container is being submitted separately, the drug substance and the container (e.g., Exhibit 1 and Subexhibit la) will be considered as two exhibits.

3. Only exhibits from the same defendant, or in the same location at the same time, and in the same investigation, may be submitted on the same DEA Form 7.

C. Items 1 through 17 will be completed by the agent as.follows:

Item Is Largely self-explanatory. "Money Flashed" will be checked.only where drugs were seized as the result of using a flashroll. "Compliance Sample" will be checked for authentic samples, or requests for potency analysis or some other regulatory purpose.

Items 2-5: Self-explanatory.

Item 6s Complete only if drugs were initially acquired by another agency. This block must be completed for any evidence submitted under cases where the second GDEP character is H, J, or T (i.e., initially acquired by INS, Customs, or Coast Guard).

Items 7-11: Self-explanatory.

Item 12: Specify the number and description of the containers Included in the exhibit. Describe fully any labels on the original containers and specify whether the.seals were intact. This entry may be continued in item 16 if necessary. Where" any. exhibit consists of a number of packages, enter a description. For example, "Exhibit 1, 15 bricks of (a substance) wrapped in butcher's paper and further wrapped in clear cellophane." For samples from bulk seizures, enter "samples la through lk in (describe the containers)."

Items 13-14: Item 13 will only be completed when it differs from item 14 (e.g., bulk seizures). The amount should be'reported in such a manner that they can be quantified (i.e., "pounds", "kilograms", etc.; not "bales", "spoons", etc.).

Item 15: Complete only if the exhibit was acquired through an undercover purchase. " *

Item 16: Self-explanatory.

Remarks: Enter the time, date, and location of acquisition, the name of the defendant acquired from (if no identifiable defendant, so state), and the name of the acquiring agent(s). If requesting a ballistics examination, enter "BALLISTICS EXAMINATION REQUESTED."

Items 17-18: Enter typed names and signatures.

D. For evidence handcarried to the DEA laboratory, the transfer of custody (items 19-24) will be completed by the agent and the Laboratory Evidence Technician.

For evidence shipped to the DEA laboratory, leave items 19-24 blank, and keep copy 6 for temporary placement in the case file. Copies 1 through 5 will be forwarded to the DEA laboratory.

E. The DEA laboratory will enter the results of analysis in Items 25 through 39, and return copies 1 through 3 to the submitting office (distribution of the remaining copies will be made by the DEA laboratory, see 7302.54). Copies 1 through 3 will be distributed to the appropriate case file by the submitting office. Upon receipt of its copy from the laboratory, the submitting office will purge copy 6 from the case file.

F. The mechanics of certain intelligence programs require that the laboratory extract a small sample from randomly selected exhibits for special analysis. Exhibits sampled will be identified by the chemist with the notation "Portion Removed for Special. Programs" on DEA Form 7.

The result of these special analyses will be reported back-to the originating office on a separate profile sheet (not concurrent with the return of DEA Form 7). Upon receipt of a profile .sheet, attach it to the prosecutor's copy of DEA Form 7; or if the DEA Form 7 has already been forwarded to the prosecutor, forward it separately.

It should be pointed out to the prosecutor that, although Rule 16 of the Federal Rules of Criminal Procedure requires that all such tests be disclosed to the defendant, these special analyses have little relevance to the case at hand. The special analysis .does not determine the quantitative purity of the exhibit, but -is largely concerned with the presence of trace substances other than controlled drugs. Furthermore, the chain of custody over the extracted samples is not tightly controlled.

6662.32 For Evidence Not in DEA Custody

A. There are two circumstances in which drug evidence will be reported without actually being processed by a DEA laboratory:

1. Where DEA participates in or contributes to an investigation that results in a drug acquisition by another agency,: and DEA neither takes custody nor submits a sample to a DEA laboratory.

2. Where another agency makes a significant seizure of drugs in an investigation in which DEA did not participate, did not take custody, nor is submitting a sample.

For the purposes of this reporting requirement, a significant • seizure is any seizure which meets or exceeds the following criteria:

origin)

a. 1/2 kilogram heroin b. 50,000 dosage units of other narcotics (if of f.oreign c. 1 kilogram cocaine d. 1 liter hashish oil e. 50 kilograms hashish f. 1,000 kilograms marijuana g. Any combination of Schedule II, III, or IV legiti mate pharmaceuticals totaling 50,000 dosage units.

(Note: Where, with DEA concurrence, Customs or INS refer an independent seizure to State or local authorities for prosecution, or Customs exercises its penalty assessment authority, no reporting is required.)

B. In either of the above circumstances, an "INFORMATION ONLY DEA-7" will be prepared as follows:

1. Type '"INFORMATION ONLY" immediately above Item 3, G-DEP Identifier.

2. Complete Items 1-8 as appropriate.

3. Complete Items 10-16 as appropriate.

4. Explain pertinent details of the acquisition in Remarks.

5. Complete Items 17 and 18.

6. Distribute the "INFORMATION ONLY DEA-7" as follbws:

Copy 1 - PES (Submit with monthly asset removals-see 6142.1.) Copy 3 - Originating office

The remaining copies may be discarded.

C. Send DEA-7's to PES on a monthly basis. Also include seizures reported by cable, as described above, in the "Information 'Only" DEA-7 submissions. This requirement for both domestic and foreign offices is needed to produce required reports, such as United Nations, Interpol, etc.

6662.4 HANDLING AND DISPOSITION

6662.41 Documenting Transfer of Custody

A. The initial transfer of custody from the submitting agent to the DEA laboratory will be documented by a DEA Form 7.. Any subsequent transfer of custody^ no matter how brief, will be documented on a DEA Form 12. A transfer of custody may be defined as the transfer of physical control from one party to another.

B. Any number of drug exhibits may be placed on the same DEA Form 12, provided they are all part of the same transfer and are all part of the same investigation (same file number). -

C. The DEA Form 12 may be typed (or, if done legibly on all copies, in ball-point pen) and completed in triplicate. The releasing party will keep the original, the receiving party will keep the first copy, and the second copy will be placed in the investigative file.

D. The DEA Form 12 will be completed as follows:

1. To: Enter the name and title of the releasing party.

2. Division/District: Enter the duty office of the releasing party.

3. File Number: Self-explanatory.

4. Date: Enter the actual date of transfer. When using the mall, enter the date of mailing*

5. Amount or Quantity: Enter the exhibit designators.

6. Description: Describe the exhibit, how it is packaged, and whether it is sealed.

7. Received By: The receiving party will sign here and enter his title.

8. Witnessed By: This need only be completed when transferring evidence to a non-DEA official.

6662.42 Temporary Storage. Custody of drug evidence shall be transferred to a DEA laboratory as expeditiously as possible. Where this cannot be done immediately after processing, the following guidelines shall be followed:

A. Drug evidence must be fully processed (identified, marked, and sealed) prioT to temporary storage.

B. All field offices will have a secure short-term storage facility, accessible for the deposit of evidence during off-duty hours.

This facility will be used to store evidence pending transfer to the DEA laboratory. Nonevidentiary property (e.g., DEA firearms, office supplies, etc.) will not be stored in the same storage facility as evidence.

C. Where a DEA facility is not available, the evidence storage facility of another law enforcement agency may be used (receipted via a DEA Form 12). . . .

D. Where neither of the facilities in B or C above are available, evidence may be stored under secure lock and key In. some other facility, provided that access is limited solely to the responsible agent. The use of unoccupied vehicleshotel rooms, or locked desks for storage is prohibited.

E. Where temporary storage of drug evidence will exceed 20 .days, it will be returned to the DEA laboratory. In instances where drug evidence not analyzed by a DEA laboratory is to be stored In excess of 20 days, it will be returned to the analyzing laboratory.

6662.43 Domestic Delivery

A. Drug evidence may be delivered to a DEA laboratory by any of three methods: handcarried; registered mail (return receipt); or commercial carrier.

The following factors will be considered in selecting a method for a particular situation:

1. Proximity of the laboratory.

2. Attractiveness of the evidence to theft and the consequences to DEA from such a theft.

3. Weight and bulk of the evidence.

4. Urgency for analytical results.

5. Availability of personnel.

B. Handcarrying Evidence. Where, in the judgment of field office management, the amount of suspected drug evidence is such as to pose a security risk, it will be handcarried by an agent. Where the amount is such as to pose a high risk, then additional agent personnel should be assigned as appropriate. The DEA Form 7 (or DEA Form 12 if the sample was processed earlier) will be handcarried with the evidence and réceipted in person.

NOTE: In certain situations it may be advantageous to handcarry evidence via D£A aircraft. Factors to consider in the use of this method include: urgency, distance, unsuitability of alternative methods, and the nature of the evidence (i.e., weight, size, hazardous characteristics, etc.).

C. Registered Mail. The DEA Form 7 will be placed in an envelope, which will be securely fastened to the sealed exhibits Mark the envelope "INVOICE." Wrap the sealed exhibit, with the envelope attached, in a sturdy package or carton, suitable for mailing. The outer wrapping should bear no indication as to the nature of its' contents. Upon delivery to the Post Office, enter the file and exhibit numbers in the margin of the return receipt -(Postal Form 3811) affixed to the package, and also the registry receipt provided by the postal clerk.

File both documents in the case file (the registry receipt upon mailing, the return receipt after delivery). If the exhibit was processed earlier and a DEA Form 12 is to document the transfer, all copies will be placed in the INVOICE envelope. Upon delivery to the addressee, the addressee will receipt the DEA Forms 7 and 12 and keep one copy. Distribution of the original and remaining copy will be made so that the original is filed in the case file and the copy is returned to the sender.

D. Commercial Carrier

1. Only those carriers whose operations allow for precise, point-to-point traceability may be used. This includes those having wholly-owned and operated conveyances, or the express services of the various domestic airlines, or others who, in the judgment of the field office management, meet this standard in a reliable manner.

2. The evidence and invoice envelope will be packaged as in C above.

3. The package will be delivered to the point of shipment and a signed receipt will be obtained from the carrier's receiving official (the carrier's customary document for this purp.ose will suffice). The case and exhibit number will be entered on this document and a copy of the document will be placed.in the case file.

4. Details of delivery (arrival time, pickup point, etc.) will be ascertained and forwarded to the addressee via telephone. Should the package not be received within the expected time frame, the addressee will notify the sender, who will request an; immediate tracing of the shipment by the carrier.

5. The carrier must require a signature from the addressee prior to releasing custody.

6662.44 Foreign Delivery

A. Controlled drugs imported into the United States for analysis by a DEA laboratory are exempt from the United Nations reporting requirements under the Single Convention (i.e., the need for import permits) provided that the procedures set forth herein are followed.

B. Controlled drugs may be imported by DEA for use as evidence in a domestic case or for intelligence purposes (e.g., the ballistics program, Heroin Signature Program, etc.).

C. Export and/or receipting requirements of those countries from which DEA obtains controlled drugs under this exemption vary. Generally, they are either nominal or the transfer is carried out on an informal basis. DEA will conform to whatever procedures or requirements which may exist in the host country. Where feasible, it is recommended that the transfer of the controlled drug sample be receipted.

D. Where the controlled drug is obtained from a foreign government, it should be advised that whatever amount remains after analysis will be disposed of and not exported from the United States. In 'extraordinary circumstances, this limitation may be waived (e.g.', where the controlled drug is to be used as evidence and the condition for our using it is return to the foreign government) (see K below).

Except when using the provisions In Section K, a DEA Form 48 Is not required to close the case (per Laboratory Operations Manual 7304.3).

E. All foreign drug samples will be submitted to the Special Testing and Research Laboratory with the exception of evidence (for use in a domestic prosecution) originating in Canada, the "26 kilometer" zone in Mexico, and those Pacific, Atlantic, and Carribean islands normally serviced by one of the DEA Field' Laboratories. Any sample submitted for intelligence purposes, or any drug to be used as evidence but submitted from areas other than these, will be sent to the Special Testing and Research Laboratory.

F. Delivery may be carried oiit by either of two methods: handcarried by a DEA agerit (or foreign enforcement official) or shipped via diplomatic pouch. Evidence will always be handcarried. Samples submitted for intelligence purposes may be delivered by whichever method is most expeditious. (NOTE: There is no provision to pouch a sample to any DEA laboratory other than the Special Testing and Research Laboratory.)

G. Normally, the size of the sample submitted for intelligence purposes will be limited to 1 to 5 grams net weight (or 100 tablets or capsules). The maximum amount that may be sent via diplomatic pouch is 85 grams net weight. Any sample exceeding this amount must be handcarried by an agent or foreign official.

H. Any importation of a controlled drug by DEA (or a foreign official under the auspices/protection of DEA), whether handcarried or pouched, must be documented on a DEA Form 360, Authorization to Import Controlled Substances for Analysis or Evidentiary Purposes. »,

I. The following procedures apply when submitting a sample via diplomatic pouch.

1. Originating Office a. All samples will be sealed and processed in accordance with 6662.2, 3, and 4. Double-wrap the sealed sample. (Place the DEA Form 7 in an INVOICE envelope attached to the sealed sample, inside the inner wrap.) Address the inner wrap to the DEA Special Testing and Research Laboratory, McLean, Va. Address the outer wrap to the Pouch Control Officer, Department of State. Also include the registry number and the designation "Limited Official Use."

b. Prepare a DEA Form 360 (original plus four copies). Under identifying number, enter the State Department registry number plus either the case or general file number. The DEA Authorizing Official will be the senior DEA field office official. Keep one copy of the DEA Form 360; enclose the original and remaining copies In an envelope. Attach the envelope in a secure manner to the Inner wrap.

c. Dispatch the sample via courier pouch (do not send It via unaccompanied pouch).

d. At the same time the sample is dispatched, send a teletype to "SECSTATE (ATTN: OC/P)," information copy to DEA Headquarters (ATTN: Special Testing and Research Laboratory).

The teletype will include: the case or general file number; the amount and suspected kind of drug; the pouch, registry, and invoice numbers; and the date of dispatch.

2. Department of State. Upon receipt, the Department of State will forward the sample to the Port Director, U.S. Customs Service, Washington, D.C., for Customs clearance, and so notify DEA Headquarters (AMG) via memorandum.

3. Facilities and Property Management Section (AMP). Upon notification by the Department of State, AMP will obtain "the sample from Customs (receipted on the DEA Form 360, one copy kept by Customs) and deliver it to the Special Testing and Research Laboratory (receipted on the DEA Form 360, one copy kept by AMP). The Special Testing and Research Laboratory will keep the original of the DEA Form 360 and forward the remaining copy to AMRI for filing.

4. Special Testing and Research Laboratory. The Special Testing and Research Laboratory will analyze the sample and* dispose of whatever balance remains. It will then transmit a -teletype, to the originating office (copy to AMRI), Including the case or general file number, the registry number, the amount of drugs received, and the results of the analysis.

J. The following procedures apply for handcarrying a sample:

1. All samples will be sealed and processed in accordance with 6662.2, 3, and 4.

2. The originating office will prepare a DEA Form 360 (original plus three copies). The Identifying number will be either the case or general file number. The receiving official will be the DEA agent (or foreign official) who will transport the sample across the border. The DEA Authorizing Official will be the Country Attache (or designee) or senior official of the originating office. „ ,

3. Arrangements will be made so that the agent (or foreign official) who is transporting the sample has all copies of the form in his possession at the point of entry.

4. The sample will be cleared through Customs and properly receipted on the DEA Form 360. A copy of the receipted DEA Form 360 will be given to the Customs official.

5. The transporting agent will either handcarry the sample directly to the appropriate laboratory, or ship it to the laboratory from a domestic field office via registered mail. If handcarried, the laboratory official will document the transfer of custody on the DEA Form 360, keeping one copy of the form. The originating office will keep the original for its files and send the remaining copy to AMRI.

6. If shipped via registered mail (within the USA), the original and two copies of the DEA Form 360 will accompany the sample. The laboratory will document its receipt on DEA Form 360, return the original copy to the originating office, and the remaining copy to AMRI.

7. If a foreign official is transporting the sample, the responsible DEA office will prepare the DEA Form 360 as above. While in possession of the sample within the borders of the USA, the foreign official will be escorted by a DEA agent.

K. The following procedures apply when exporting a controlled drug (see D above):

6662 .44

1. The export of controlled drugs by DEA is exempt from U.N. reporting requirements (i.e., the need for export permits) in either of two circumstances:

a. Where they are needed for use in a trial in the -receiving country. Or, b. Where they were obtained from the foreign country on a loan basis for use in a domestic trial and are being returned as a condition of our use.

2. The exportation from this country must adhere to whatever importation requirements that may exist in the receiving country. .

3. The transfer of custody must be to a responsible and authorized official of the receiving country and documented on DEA Form 48. If it is necessary that the evidence be returned to DEA after prosecutive use in the foreign country, or if there is any chance that it'may be returned to DEA rather than disposed of by the foreign country, do not submit a DEA Form 48. The transfers to and from will be documented on DEA Form 12's. The reimportation of such evidence must adhere to the Foreign Delivery requirements set forth above. Submit a DEA Form 48 only when the final trarefer has taken place.

L. The export or import of controlled drug reference standards to or from foreign forensic laboratories are sometimes exempt from the reporting requirements under the Single Convention. For procedures, see Section 7001 of the Laboratory Operations Manual and Section 5191 of the Diversion Investigators Manual, or contact the Special Testing Laboratory directly.

6662.45 Production in Court

A. It is the case agent's responsibility to assure that all evidence needed for trial is available at the appropriate time,,, but not so far In advance as to require storage'outside the laboratory any longer than necessary.

B. Further, the case agent will coordinate with the prosecutor regarding the chemist's testimony. If possible, an attempt should be made by the prosecutor to gain a defense stipulation .as to the analysis of the drug evidence. Except in emergency situations (e.g., an immediate, unforeseen need), DEA chemists will not transport drug evidence.

C. Where the case agent takes custody of drug evidence from the DEA laboratory or Evidence Custodian, only sealed evidence will be accepted. In those emergency situations where tTTe DEA chemist maintains custody up to the point of transfer to the court, the SAC (or his designee) and the Laboratory Chief will mutually decide the need for and extent of escort by agent personnel (see 7303.51B of the Laboratory Operations Manual).

D. Where handcarrying the evidence from the laboratory to the court is not feasible, the laboratory will ship it to the appropriate DEA field office pursuant to a written request by the' SAC or his designee (see 6662.43 or 6662.44).

E. Where it is determined that drug evidence from one DEA case is needed as evidence in another case, the SAC/RAC will notify the Laboratory Chief in custody of that evidence by memorandum. This memorandum will specify the exact evidence and the name, title and complete address of the person to receive that evidence. The drug evidence will remain under the original case number and will be returned to the original DEA Laboratory promptly upon completion of the judicial proceeding.

F. Should the judical proceeding for which the evidence Was required be postponed, follow the policy guidelines for temporary storage (6662.42) .

G. The case agent will transfer custody of evidence to the court via a DEA Form 12. If the clerk of the court takes custody of the evidence but refuses to sign a receipt, the case agent will have another agent or another responsible person witness the DEA .Form 12 to the effect that the evidence was transferred to the court. The case agent will also request that the transfer of evidence to the court be entered in the court record. If the court will not formally accept custody of the evidence introduced in a proceeding, the case agent will be responsible for its security^

H. Should the prosecutor specifically request that custody of the evidence be transferred to him, or if his facilities afford better overnight security than otherwise available, the transfer will be documented on a DEA Form 12.

I. Procedures vary among court jurisdictions as to the return of drug evidence to DEA upon completion of judicial proceedings. To assure proper disposal, i ts return to DEA should be encouraged. An exception to this is where a State or local laboratory has handled its analysis and custody. In this instance, the evidence should be returned to that laboratory and disposed of .in accordance, wi-th its procedures.

J. The case agent is responsible for obtaining drug evidence from the court, receipted by a DEA Form 12. If the court official refuses to witness the DEA Form 12, then another agent or another responsible person will witness the transfer of custody. Where the seal is broken, the case agent will inventory its contents in the presence of the court official to assure all subdivisions are present and reseal it. Upon returning to the field office, the case agent will promptly verify its gross weight in the presence of a witnessing agent.

K. The case agent will promptly return the drug evidence to the DEA laboratory, either directly or through the Evidence Custodian. It will not be left in the custody of the case agent or the Evidence Custodian any longer than necessary to accomplish its return to the DEA laboratory.

6662.46 Disposition

A. This subsection applies to all drug evidence, regardless of whether it was actually used as such in court.

B. From the standpoint of security, it is important that drug evidence be disposed of as soon as it is no longer of evidentiary value. This determination may be made administratively in the case of surrendered drugs (see 6662.52), or by the prosecutor concluding that the case is not prosecutable, or that all judicial proceedings are concluded and the time for filing an appeal has lapsed.

If an appeal has been filed, the case agent will check' with' the prosecutor at least every 60 days to determine if it has been decided by the appellate court. The fact that this inquiry was made, together with the prosecutor's response, will be the subject of a DEA Form 6.

*C. Intermediate disposal methods are now superseded by the following procedures which are intended to prevent the warehousing of large quantities of Schedule I and II drug evidence which is unnecessary for due process in criminal cases and to retain an -amount sufficient for prosecution purposes.

Note: These procedures do not apply to civil seizures of pharmaceutical drugs from a registrant.

1. When drug evidence is seized in quantities greater than the "threshold amount," which is defined below, or, in the case of marijuana, the representative sample, the SAC will immediately notify the appropriate U.S. Attorney, or the responsible state/ local prosecutor, that the amount of seized drugs exceeding the threshold amount and its packaging will be destroyed after 60 days from the date notice is provided of the seizure, unless DEA is requested in writing by the authority receiving notice not to destroy the excess contraband drug.

2. Notification to the U.S. Attorney or equivalent ^ state/local prosecutor will be in writing and forwarded no later than 5 days subsequent to the seizure. A copy of this notification will be furnished to the DEA laboratory to which the evidence is submitted. See Exhibit 1 at the end of this subchapter for a suggested notification letter. At a minimum, this notification should include the 60-day deadline date, the dr.ug(s) and amounts involved, the amount of drugs to be retained, the case agent's name, the DEA case and exhibit number(s), the prosecutor's name (if known), the U.S. Attorney's office or state/local prosecutor's Criminal Matter Number (if known), the defendant or subject names known to DEA, and instructions for the U.S. Attorney (or equivalent) to follow if requesting an exception.

3. When notified by DEA of an intent to destroy excess contraband drugs, the U.S. Attorney or the District Attorney (or equivalent) may agree to the destruction of the contraband drug evidence in excess of the threshold amount, or for marijuana in excess of the representative sample, prior to the normal 60-day period. The U.S. Attorney or equivalent state/local prosecutor-may delegate to his/her assistants authority to enter into such agreement.

4. If the U.S. Attorney or equivalent state/local prosecutor agrees to the destruction in excess of the threshold amount, the case agent will forward a DEA-48 to the laboratory authorizing the destruction.

Note: For each bulk drug evidence exhibit, the case agent will indicate in the Drug column of the DEA-48 the amount of drug; to be destroyed (e .g., "Destroy amount in excess of the threshold .") The laboratory will note the exact amount destroyed an4 retained in the Remarks section of the DEA-48.

5. The U.S. Attorney or equivalent state/local prosecutor may request an exception to the destruction policy in writing to the Special Agent in Charge of the responsible division prior to the end of the 60-day period when retaining only the threshold amount or, in the case of marijuana, the representative sample, will significantly affect any legal proceedings; and, in the event of a denial of the request, may appeal the denial to the Assistant Attorney General, Criminal Division of the Department of Justice. Such authority may not be redelegated. Appeal shall stay the destruction until the appeal is complete.

Note: The following reasons do not constltue a valid ba'sis for requesting or granting an exception to the destruction process: "The drugs are needed for jury appeal." "The drugs should be saved to forestall legal challenges." "The drugs should be saved because that has been the practice in this district."

6. In the event of an appeal, the SAC must receive, within 30 days of denial, a copy of the appeal letter that was sent by the U.S. Attorney or equivalent prosecutor to the Assistant Attorney General, Criminal Division. A copy of this appeal letter will be furnished to the laboratory and to the DEA Drug Destruction Coordinator. If a copy of this letter is not received within 30 days of the denial, destruction will be initiated pey previous notification.

7. If a request for an exception or an appeal to prevent destruction has been filed and granted, the case agent will provide a copy of the decision to the appropriate field laboratory. A copy of the request and the approval shall be forwarded to the DEA Drug Destruction Coordinator. Additionally, any court order prohibiting destruction, as well as any legal challenge to the destruction policy, shall be immediately forwarded to the DEA Drug Destruction Coordinator. The laboratory will not dispose of the exhibit until a DEA-48 is issued.

8. If a request for exception is denied and a subsequent appeal to the Assistant Attorney General, Criminal Division, is also denied, a copy of the ruling will be provided to the appropriate field laboratory. The material comprising the remainder of the exhibit after sampling may be destroyed, provided the 60-day period noted in the original notification from the SAC to the prosecutor has expired. A DEA-48 authorizing destruction of the bulk portion will be provided to the appropriate DEA laboratory.

Note: For each bulk drug evidence exhibit, the case agent will indicate in the Drug column of the DEA-48, the amount of drug to be destroyed' (e .g. , "Destroy amount in excess of the threshold amount.") The laboratory will note the exact amount destroyed and retained in the Remarks Section of the DEA-48.

9. If samples for the defense are requested, procedures should be followed by the appropriate DEA laboratory as indicated in the Laboratory Operations Manual, paragraphs 7301 .6(F) an.d 7301.6(G).

10. When an amount greater than the appropriate threshold amount is seized, the evidence will be photographed by the -case agent as described in paragraph 11 below and submitted to the servicing DEA laboratory. The servicing laboratory will Isolate and retain the appropriate threshold amount and photograph the evidence as described in the Laboratory Operations Manual, paragraph 7301.6(G).

Note: When less than the appropriate threshold amount -of contraband drugs has been seized, the evidence may be submitted to the servicing DEA laboratory without first being photographed by the case agent. The servicing laboratory will retain the entire amount of the seizure. In the case of marijuana, conduct sampling, storage, photography and submission procedures per the Agents Manual, Section 6662.51.

11. The evidence will be photographed by the case ag-ent and, if requested by the prosecutor, videotaped as originally packaged or otherwise appropriately displayed so as to create evidentiary exhibits for use in judicial proceedings as instructed below where possible.

a. Photograph and/or videotape the entire seizure "in situ." Use a 35mm camera and/or video camera. Duplicate :

prints/videos should be made for the prosecutor and for the case agent. The negatives and one set of prints/video cassette will be placed in non-drug evidence. Instant-developing color cameras should be used as a back-up only.

b. These photographs and videos must be se 1 f-documeht'-* ing. A sign will be prepared containing the following: file * number, seizing agent's name, exhibit number, amount of seizure, date, time, and location of the seizure. The sign will be positioned so as to appear in all the photographs. Also, position an object by which to measure the physical size of the seizure (a yard stick or even a person).

c. An evidence sticker bearing the name of the agent taking the photograph will be fixed to the reverse side of each picture (or to each video).

12. Threshold Amounts are defined as:

a. Two kilograms of a mixture or substance containing a detectable amount of heroin.

b. Ten kilograms of a mixture or substance containing a detectable amount of:

(1) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed;

(2) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

('3) Ecgonine, its derivatives, their salts, isomers and salts of isomers; or

(4) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraph 12.b.(l) through (3) above;

c. Ten kilograms of a mixture or substance described in paragraph 12.b(2) which contains cocaine base.

d. Two hundred grams of phencyclidine (PCP) or two kilograms of a mixture or substance containing a detectable amount of phencyclidine (PCP).

e. Twenty grams of a mixture or substance containing a detectable amount of Lysergic Acid Diethylamide (LSD).

f. Eight hundred grams of a mixture or substance containing a detectable amount of fentanyl or 200 grams of a mixture or substance containing a detectable amount of any analogue of-fentanyl.

g. Twenty kilograms of hashish or two kilograms of hashish oil.

h. There is no threshold amount defined for marijuana. Instead, for purposes of this procedure, a representative sample as defined in Section 6662.51 will be retained. This representative sample will be a one kilogram exemplar and 10 five gram aggregate samples. For further clarification see 6662. 51 (A)'.

i. Two kilograms or 2000 dosage units (i.e., tablets, . capsules) of a mixture or substance containing a detectable amount of any Schedule I or II controlled substance in the Controlled Substances Act for which no specific threshold amount has been specified above.

j. In the event of any change to Section 401(b)(1) of the Controlled Substances Act (21 USC 841(b)(1)) as amended, ocurring after the date of these regulations, the threshold amount of any substance therein listed, except marijuana, shall be twice the minimum amount required for the most severe mandatory minimum sentence.

13. The retained portions of the contraband drugs will be maintained until the evidence is no longer required for legal proceedings, at which time it may be destroyed, first having obtained consent of the United States Attorney, Assistant United States Attorney or the responsible state/local prosecutor. "Where all legal proceedings have been completed, the case agent will* submit a DEA-48 to the DEA laboratory to destroy the retained portions.

14. The case agent will notify the appropriate United States Attorney, Assistant United States Attorney or the responsible state/local prosecutor to obtain consent to destroy the retained amount or representative sample whenever the related suspect(s) has been a fugitive from justice for a period of five years. An exemplar sufficient for testing will be retained consistent with this section.*

D. DEA Form 48, Disposition of Drug Evidence.

1. Drug exhibits held by a DEA laboratory will be retained and held in an open status pending receipt of disposition instructions on a DEA Form 48.

2. Within 10 days of a determination that a drug exhibit no longer has evidentiary value, the case agent will submit a DEA Form 48 with Part I completed (except for the laboratory portion) to the immediate supervisor for approval. An exception to this is where the evidence was analyzed by a State or local laboratory and was not entered into the DEA evidence inventory. In this instance, the Case Closing Report (DEA Form 6) will indicate the means of diposals.

**3. When submitting a DEA-48 in accordance with pretrail bulk drug evidence procedures described in paragraph C, the case agent, as appropriate for each exhibit, should indicate in the Drug column the amount of drug to be destroyed (e.g., "Destroy amount in excess of the threshold amount."). The laboratory will note the exact amount destroyed and retained in the Remarks Section of the DEA-4 8.**

*4. More than one drug exhibit within the same case may be submitted on a single DEA-48. Exceptions to this are:

a. The exhibits are being held by different DEA laboratories.

b. The means of disposition differs among the exhibits (i.e., disposal vs. transfer).

5. Where the court directs a means of disposition other than return to DEA, this will be indicated and explained in the Remarks block of the DEA-48.

6. Where it is determined that evidence already in custody of a DEA laboratory should be transferred to another agency for prosecution, this shall te so indicated in Part I of DEA-48. The Remarks block should indicate specifically to whom to transfer the evidence, the date it should be transferred, and the means of transfer (e.g., pickup, registered mail, etc.).

7. DEA-48 is a seven-page manifold. The original and five copies of DEA-48 should be submitted to the DEA Laboratory Chief. The sixth copy should be kept as an interim record in the originating office case file.

8. Upon disposal of the evidence, the DEA laboratory'will complete Part II of the DEA-48 and forward three copies to the originating office for distribution to the appropriate case files and the Evidence Custodian. The laboratory will make the necessary Headquarters distribution (AMRI). Upon receipt of its copies from the laboratory, the originating office will purge its case file of copy 6.

9. With the exception of drug exhibits submitted to a non-DEA laboratory (6ee 2 above), a case file may only be closed upon receipt of fully executed DEA-48's for all drug exhibits (and DEA-48a's for all non-drug exhibits, see 6663.5). Prior to approving the closing of a case file, the immediate supervisor will reivew it to assure that all drug and non-drug exhibits are properly disposed of pursuant to either a DEA-48 or DEA-48a.*

6662.47 Drug Evidence Inventories. Subsection 7303.7 of the Laboratory Operations Manual requires that *evidence audits be conducted of each laboratory at least annually.* When such an audit is complete, the Laboratory Chief will notify the SAC of each Division Office within hi6 area of responsibility of all those drug exhibits either in the laboratory custody or transferred to the court. The SAC, upon receipt of this inventory, will initiate an audit of DEA field office records to assure that all drug exhibits are properly accounted for. **Additionally, the SAC will notify each appropriate prosecutor's office as to which exhibits have not yet been authorized for destruction. The purpose of thi6 notification is to ensure that each prosecutor is aware of outstanding exhibits and that DEA is notified as soon as possible when it may proceed with final destruction.** Results .of this audit will be reported back to the Laboratory Chief within 90

days. Unresolved discrepancies will be reported immediately to Headquarters (PR).

6662.5 SPECIAL SITUATIONS

*6662.51 Bulk Marijuana Evidence. (Note: See 6674 for additional instructions on bulk chemicals ) .

A. Individual marijuana exhibits of up to 10 kilograms will be submitted directly to the laboratory and will be sampled by the assigned chemist, pending pretrial destruction in accordance with procedures described in 6662.46(C). Marijuana exhibits in excess of 10 kilograms will be photographed and sampled by Special Agents and submitted as described below.

1. The evidence will be photographed, and--if requested by the prosecutor—videotaped so as to create evidentiary exhibits for use in judicial proceedings.

2. Photograph and/or videotape the entire seizure "in situi" Use a 3 5mm camera and/or video camera. Duplicate prints/videos should be made for the prosecutor and for the- case agent. The negative and one set of prints/video cassette will be placed in non-drug evidence. Instant-developing color cameras should be used as back-up only. .. .

a. These photographs and videos must be se1f-document-ing. A sign will be prepared containing the following: ' file number, seizing agent's name, exhibit number, amount of seizure, date, time and location of the seizure. The sign will be ; positioned so as to appear in all the photographs. Also, position an object by which to measure the physical size of the seizure (a yard stick or even a person).

b. An evidence sticker bearing the name of the agent taking the photograph will be affixed to the reverse side of-eafch picture or to each videotape.

3. Unload, assemble, or stack the evidence in such a manner as to make clear visual display of the sampling technique. If the evidence is in closed containers, open several to display the contents.

4. Prepare a representative sample as follows:

a. Extract a sample from one location consisting of about

1 kilogram of substance. Place a clearly visible marker bearing the letter "a" at this location.

b. Proceed to extract from 10 dispersed locations additional samples of about 5 grams each. Consecutively mark each of these locations "b" through "k".

c. Each of these samples will be submitted as subexhibits to the total exhibit (e.g., Subexhibits - la, -lb, etc.). Together, they constitute the "representative sample" described in Section 6662.46.

5. The entire display, containing all the marked sampling locations, will again be photographed and/or videotaped as in

2 above.

6. The gross and net weights of the total exhibit will be determined. Because of mandatory minimum sentencing laws, all weights should be determined in the most precise manner possible. Only properly calibrated scales (e.g., truck scales) should be used. Amounts up to those sufficient for clearly establishing the highest possible penalty must be determined by actual weighing, not by computation based on partial weighing. If necessary, weighing procedures may be coordinated with the servicing DEA laboratory. All weights, weighing procedures, etc. (including calibration of scales) should be throughly documented. "

7. Each subexhibit will be placed in an identified substitute container. All substitute containers will then be placed into a single, sealed container for submission to the laboratory.

B. The evidence remaining after sampling will be stored in a secure location pending receipt of DEA laboratory analysis and disposition conducted in accordance with 6662.46(C). If the evidence was seized in a conveyance, the conveyance may be moved to a site more convenient for off-loading; however, the evidence will not be left in the conveyance any longer than necessary. Where space is available, the evidence will- be stored in a.DEA facility. Wh^T^a^U^^^^s^a^ce^is not available, the evidence will "be stored in a^^^^^g^^^^^^^^^lCT^^^^te^b^a. DEA-12, plus the usual business document(See Section 8617 of the Planning and Inspectioi^Bubunit (e.g., bales, cartons, etc.,) will be Identified and, if feasible, sealed. If sealing is not feasible, then the subunits must be stored in a manner that will prevent pilferage. The details of storage will be included in the DEA-6 reporting the seizure.

C. If the defense chooses to sample the evidence, request that it be done pursuant to a court order. The court should be petitioned to assure that the analysis for the defense is conducted by a competent analytical laboratory, registered as such with DEA.• »

1. The samples will be drawn by a DEA agent. They will be limited to the smallest size and number mutually agreeable to the defense and the government. In arriving at the size and number of samples, the DEA Laboratory Chief will be consulted. The defense counsel may witness the sampling if he/she so desires-. -

2. The DEA agent will seal the samples and deliver them as directed by the court order, and obtain a DEA-12 documenting their transfer. If the samples are shipped to a laboratory rather than hand carried, they will be sent via registered mail (return receipt).

3. The complete procedure will be reported on a DEA-6.

D. Upon completion of laboratory analysis, the bulk marijuana evidence will be destroyed in accordance with procedures established in 6662.46(C). The destruction will be carried out by a least one agent and one additional DEA witness (or officer of another law enforcement agency). The bulk marijuana evidence will be destroyed by burning in a suitable incinerator.

Note: Bulk marijuana may also be used in subsequent official activities (e.g., as an investigative prop) rather than be

6662.51

destroyed forthwith. In such instancès, documents directing the disposal should read: "to destroy or use for other law . enforcement purposes".)*

Til lei* Pruy. The follow jf controlled aubstancea or lu^v^ej: tfy/e cooperating citizen v!

ivolved and no potential

La of tha aoquiaitioo and suat concur that tha aubstanoe baa evidentiary value. It quantities are involved that »eat or-seed local criteria for Federal prosecution, tha Group Superrlaor will notify the ASAC obtain concurrence for destruction froo the SAC. Tha Qr^j^Hpe^eor «ay authorise destruction of aaaller /ciantil

2. Destruction v&X oe catted jfu^ Wy/a SEA Agent or Diversion Investigator and at ^m^D« idilitional OCA witness (or officer of anothai-lew anfofoejae^t *g+ncy). Aa with all drug destruction«, care arust be taken to ensure that- tha destruction is coaplete end that local CPA standards are not violated.

»para a DEA-6 under CT setting forth tha ci

7 ; ___J--I-T-7- <iru5 type and eaount, for juui 'fv«her investigating the matter, the management! vf&jzLjfl authorising destruction, 6eetruetlorkfia£'<4lt&jee8 to the destruction, quantities are involved (aee 6662.32A), the ag'int vlll prepare an Information Only DEA-7 (under CF XX-XX-9009).*

Date of Notice

Dear (United States Attorney's Name ___

Re: Drug Evidence .Destruction Notice

By authority of the United States Attorney General under Title 21, USC, Section 881(f)(2), notification is hereby given that for the case described herein the amount of seized contraband drug exceeding the threshold amount (or, in the case of marijuana, the amount exceeding the representative sample), and its packaging, will be destroyed after 60 days from the date of this notice, unless a written request for an exception to this destruction policy is received by this office prior to the expiration of the 60-day period. Any request for exception must be submitted in wr11ing to:

Name of Special Agent in Charge DEA Address, etc.

DEA File Number DEA Exhibit Number(s) 60 Day Deadline

Drug Amount ol Drug Seized Amount of Drug to be

Retained

U.S. Attorney's Office Case Prosecutor's DEA Case Agent Name/ Criminal Matter Number Number Office

Name of Defendant/Subject Carried by DEA tfile

(Signature, Special Agent in Charge)

cc: DEA Laboratory

6663 NONDRUG EVIDENCE AND OTHER PROPERTY

6663.1 GENERAL

A. Nondrug property may be acquired in the course of official operations through a variety of circumstances. In general, however, the basis for acquiring property is limited to one of the following :

1. Property to be used as evidence.

2. Property seized for forfeiture.

3. Property which is apparently abandoned.

4. Property taken into custody for safekeeping.

5. Property which is evidence or contraband under statutes enforced by another agency.

B. The acquisition, processing, and disposal of nondrug property fitting any of the foregoing categorie

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