South Carolina Code of Regulations
Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION
Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES
Section 73-140 - Preparation of Controlled Substance Evidence for Destruction

Universal Citation: SC Code Regs 73-140

Current through Register Vol. 48, No. 3, March 22, 2024

A. If controlled substance evidence becomes an exhibit at trial, it shall be handled as ordered by the South Carolina Supreme Court or the Trial Court.

B. At the conclusion of trial, a complete accounting must be made of all exhibits of controlled substance evidence and paraphernalia and only the controlled substance exhibits and paraphernalia shall be placed into a sealed secure container. Money, firearms, and other evidence must not be sealed in the same secure container with the controlled substance exhibits.

C. Unless ordered to the contrary by the Court, all controlled substance evidence and paraphernalia shall be returned to the seizing officer or to the authorized representative of the seizing officer's law enforcement agency after the conclusion of the trial or plea. The clerk of court shall prepare a transfer document which shall contain at least the following information:

(1) The court case number

(2) The court case caption (State v. defendant's name)

(3) A description of the controlled substance evidence and paraphernalia being returned to the law enforcement agency representative or seizing officer.

(4) Printed name and signature of the Clerk of Court or clerk's staff member relinquishing the controlled substance evidence and paraphernalia.

(5) Printed name and signature of the law enforcement officer or law enforcement employee receiving the controlled substance evidence and paraphernalia.

After the above-described Transfer Document is signed by both parties, the controlled substance evidence and paraphernalia shall be turned over to the law enforcement officer or employee for transportation, storage or destruction. The Clerk of Court shall maintain a copy of the Transfer Document in the case file or with any other exhibits retained by the court in relation to that case.

D. After it is determined that controlled substance evidence, controlled substance evidence exhibits, or paraphernalia are no longer needed for evidentiary purposes, the chief law enforcement officer of the seizing agency, his or her designee, or the clerk of court shall create a written record of the controlled substance evidence which is being readied for destruction which shall be called the destruction record and which must contain as much of the following information as is available:

(1) The court case number

(2) The court case caption (State v. defendant's name)

(3) The law enforcement agency case number

(4) The Forensic Laboratory case number

(5) A description of the controlled substance evidence being readied for destruction.

(6) A description of any items which were not controlled substance evidence that were found during the preparation for destruction.

(7) The names of the persons who are preparing the controlled substance evidence for destruction.

(8) The date on which the controlled substance evidence was prepared for destruction.

(9) Date of destruction (to be filled in later).

(10) Destroying officials' names (to be filled in later).

E. Any items of evidence which are not controlled substance(s) and paraphernalia must be separated from the controlled substance(s) during the preparation for destruction and a proper disposition thereof made as provided by statute, order, or agency policy.

F. All preparation for destruction activities which require that controlled substance evidence be handled, described, repackaged, or in any way physically present must be conducted by not less than two persons, each in the presence of the other (Two Person Rule).

G. After all items of controlled substance evidence are prepared for destruction as previously described, they should be sealed within a flammable container and transported to the destruction site. The Two Person Rule does not apply to the transportation of sealed containers. Unsealed controlled substance evidence transportation requires two persons.

H. Controlled substance evidence should remain in the custody and control of the transporting law enforcement officer, law enforcement employee until it is destroyed.

I. The date of destruction and the name or names of the persons in attendance during the destruction of the controlled substance evidence shall be added to the destruction record created in Section C.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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