United States Attorney's Manual USAM § 3-13.250
USAM § 3-13.250
§ 3-13.250 Evidence
Normally, United States Attorneys' offices (USAOs) should not have custody of evidence. Under most circumstances, evidence should remain in the custody of the investigating agency. When evidence is required in court the agencies handling the case, or other representative of the investigating agency, should bring the evidence and retain custody until the material is introduced as evidence, at which point it becomes the responsibility of the United States Marshal, the Clerk, and the Court.
Timely arrangements shall be made with the United States Marshals Service (USMS), or other agencies subject to the court's policy, for the storage of all evidence pending its formal disposition by court order, except drugs. If the evidence involves drugs or drug paraphernalia, such evidence will remain in the custody of the federal agent in charge of the case, who will ensure the integrity of the evidence is secured and all evidence is present at the court proceeding.
Documentary Evidence
Generally, the only occasion when evidence might be stored in the USAO is when documentary evidence, secured under a grand jury subpoena, is delivered into the custody of the United States Attorney. As long as such documentary evidence is needed, it should be kept under appropriate security arrangements. As soon as there is no further need for the evidence, such as when a determination is made that evidence will not be introduced and is unnecessary, it should be returned to the owner. Exhibits and abandoned or unclaimed property, in connection with litigation, which the USAO cannot return to its lawful owner, should be turned over to the USMS for disposal.
If additional space is needed to store such evidence, the usual procedures for procurement of space should be followed.
Physical Evidence
USAOs may be authorized storage of physical evidence under exceptional circumstances and for such short periods of time as necessary to present the evidence to the court or grand jury.
When accepting the custody of evidence is justified, USAOs shall, as a minimum, initiate the following procedures:
(1) Establish and maintain a permanent log of evidence transferred to and from their custody;
(2) Issue, as well as require, receipts for evidence transferred to and from their custody;
(3) Ensure all evidence is stored in secure facilities.
Sensitive High-Risk Physical Evidence
Storage of sensitive high-risk physical evidence, such as weapons, drugs, cash, negotiable instruments, or any other dangerous or valuable items, in USAOs is strongly discouraged. However, under exceptional circumstances storage may be allowed in areas and containers which have been approved by the Executive Office for United States Attorneys (EOUSA) and meet the following conditions:
(1) A one-time written request by the United States Attorney to EOUSA with full justification for the need to establish a sensitive high-risk storage area is approved by the Director, EOUSA;
(2) Written certification by the District Office Security Manager that the proposed storage area and containers meet EOUSA's sensitive high-risk physical evidence storage standards will satisfy interim certification requirements. Completion of a one-time, on-site security survey by the Security Programs Staff (SPS), EOUSA is required prior to final certification of the area;
(3) A written agreement between the USAO and the Special Agent-in-Charge or appropriate supervisory official of the investigative agency, requiring the storage of sensitive high-risk physical evidence. The agreement will state the USAO will not assume custody of the evidence, but will only provide storage facilities which will allow the agency to retain complete custody of, and full control over, access to the sensitive high-risk physical evidence;
(4) A one-time review and approval by SPS of the office's operational and administrative procedures for the storage of sensitive high-risk physical evidence to ensure compliance with EOUSA guidelines.
Under no circumstances will the storage of explosives, high quantities of ammunition, flammable devices, or chemicals be allowed."