UP IN SMOKE: DEPUTIES DISCUSS PROCEDURES TO SECURE AND DESTROY CONFISCATE

When a drug user or dealer gets busted by narcotics agents, most
everyone knows what'll happen to him. He'll get handcuffed, taken to
the magistrate, taken to the jail and end up sitting in a cell
waiting for court or a bond release.

But what happens to the dealer's drugs? How does that bag of crack
cocaine found in a car or home get to the court house for trial or to
the landfill to be destroyed? What happens to all the marijuana
plants discovered in the county during flyovers?

Seizure

Caldwell County Sheriff's Office ICE Agent Sgt. Chris Hatton said his
agents follow specific procedures when they discover drugs and drug
money to make sure the evidence is secure for the court case in the future.

"Initially when officers seize drugs, (the drugs) are usually
immediately put inside that officer's vehicle inside some type of
container, a plastic bag, a paper bag," Hatton said. "Within an hour
to 24 hours, we process that evidence. Then we prepare a property
report, assign item numbers, and that's what we submit to Shelly Hartley."

Det. Hartley is the evidence technician for the Sheriff's Office.

So what prevents narcotics agents from misusing seized drugs?

Hatton said his agents, as well as most law enforcement officers,
will work very hard to catch dirty cops.

"There is enough bad news about bad cops other places. We don't need
it here," Hatton said.

People working for the Sheriff's Office sometimes get investigated
because of an allegation.

"I know of many times (Sheriff Clark has) heard allegations and had
the detectives or ourselves do investigations," Hatton said. "A lot
of times those officers don't know they are being investigated and
they never find out."

Law enforcement officers also are subject to random drug tests, and
Hatton said he has taken several.

About four months ago, Hatton was called and told to go to the
Sheriff's Office immediately.

"They didn't say why," he said. "When I went in, they told us, 'This
is a drug test.'"

Hatton said none of the 20 deputies could leave until they had taken the test.

In addition to the drug test, Hatton said narcotics agents rarely work alone.

"You may only see one, but there is likely another close by, for
safety reasons," Hatton said. "But it sure does help with accountability too."

Storage & Security

Once the drugs are seized, Hatton said his agents deliver that
evidence to Hartley within 24 hours.

If the agent and Hartley are on duty, the agent will hand deliver the
drugs or drug money to Hartley. If they finish processing the drugs
after-hours, then the agent can place the evidence in a secure locker
at the Sheriff's Office.

Hartley said there are several lockers and a refrigerator that can be
used. The agent would take the drugs or other evidence, place it in
the locker, and the put a pad lock on the locker. Only Hartley and
Det. Sgt. Tracy Pyle have keys to the locks.

"Even the Sheriff can't get in the lockers," Hartley said.

Once Hartley gets the drugs, she logs the evidence into the system
and holds it in the evidence room at the Sheriff's Office until the
case goes to court.

Currently, Hartley has a box of marijuana from a 1997 case in the
evidence locker. She said it's too heavy for her to lift, and has to
weigh more than 40 pounds.

If a drug case has been disposed in court, Hartley and Hatton can ask
a judge for permission to use the drugs for undercover operations.

"There are occasions where we do reversal operations, where we
actually sell drugs to somebody," Hatton said. "In those situations
we have to have drugs to sell them."

Hatton said there is probably about 100 pounds of marijuana at the
Sheriff's Office the narcs can use in undercover operations.

"You have to be ready for a sale," Hatton said. "A little while back
we sold more than 20 pounds."

Destroying Confiscated Drugs

If the court case is finished, and the narcotics agents don't need
the drugs, then Hartley must wait for a court order before she can
destroy them. But she can get rid of drugs that may be discovered
during a raid and can't be tied to a suspect.

"It generally takes several years to get (a court order)," Hartley
said. "Most people if they are found guilty, they have an appeals
process, and we have to keep the drugs in case they're needed for court.

"Until we get a court order, we keep it, period."

However, if the narcs find drugs such as marijuana plants out in a
field and no one is charged, they can destroy those drugs. When it
comes to marijuana, Hatton said the narcotics officers usually
destroy the drugs.

"They are seized and placed in a particular room to dry," Hatton
said. "Once they are dry, we wait until we have a substantial amount.
Usually at the end of the growing season, we'll take all the plants
and destroy them at one time."

But the narcs don't just take the plants to an open field and light a match.

"We take (the plants) to a commercial location that has an
incinerator," Hatton said.

Most other drugs such as cocaine, or meth, or prescription pills are
buried in the landfill when a judge sends the court order, Hartley said.

"They dig us a big whole, we empty (the drugs) out and we watch them
cover it back up," Hartley said. "I take a witness and we stand there
and watch."

Hartley has worked as the evidence technician for four years, and so
far she said she hasn't had any problems when it comes to confiscated drugs.

"People know that if something happens, they'll be in trouble," she said.