Archives

What format should I acquire and submit video recordings in?

The Digital & Multimedia Evidence Section recommends acquiring and submitting video recordings in both the recording device’s native (proprietary) file format AND an open file format (e.g. .avi). This will allow the examiner to determine which recording is the best candidate for the requested examination.

What should I document during the acquisition of video evidence from a digital video recorder (DVR)?

  • Type of DVR (e.g. stand alone, hybrid, networked, server based, personal computer)
  • Make, model, and serial number
  • Account username(s) and  password(s)
  • Number of cameras capable of recording and number of cameras connected
  • System time and date and actual time and date
  • System settings:
    • Image quality (e.g. high, medium, low)
    • Frames per second
    • Recorded image/frame size (e.g. 320 x 240)
    • Alarm or motion trigger settings for cameras
  • System logs
  • Whether the cameras have infrared (IR) capabilities

What if the results of the marijuana field test kit are inconclusive?

If the Duquenois-Levine test is positive and the results of the Cannabis Typification or 4-AP field test are inconclusive, meaning there is no color change or it turned purple, repeat with another test kit on a separate sample.  A color change to purple may indicate the sample size is too large. Consider submitting evidence when results remain inconclusive (excluding simple possession of marijuana cases that may only be submitted with a court order). For § 18.2-250.1 offenses on or after July 1, 2020, the evidence will need to be accompanied with a court order at the time of submission.  Note on the Request for Laboratory Examination (RFLE) that the field test results were inconclusive.

Can I still submit a suspected marijuana pipe or scale for analysis?

No, unless it is a juvenile case or drugs other than marijuana are suspected.  As indicated in the Policy Notice dated June 23, 2020, DFS is not able to quantify the THC concentration in residues and is unable to distinguish whether any cannabinoids identified in residues are hemp-derived or marijuana-derived.  Accordingly, residues should not be submitted for analysis.

What happens to the evidence after analysis in an implied consent or search warrant DUI/D case where the DFS DUI/D kit is used?

DFS is required to retain the remainder of the blood for at least 90 days after the completion of analysis. During that time, the accused has the ability to request an order directing DFS to transmit the remainder of the blood to an independent laboratory for analysis. If no order has been received, DFS will destroy the remainder of the sample after the end of the 90-day period unless the Commonwealth has filed a written request with the Department to return the remainder of the blood sample to the investigating law enforcement agency. In such case, the Department will return the remainder of the blood sample, if not sent to an independent laboratory, to the investigating law enforcement agency.

What type of evidence should be submitted in cases involving other toxicology examinations?

  • For cases that are not related to DUI/D, the type of evidence that should be collected will depend on how much time has elapsed between the event and the sample collection.  If the event (e.g., sexual assault) occurred within the last 12 hours, collect blood.  If the event occurred more than 12 hours ago, collect blood and urine.  Drugs may be detectable in urine for longer than in blood, but urine results generally cannot be used as evidence of drug impairment, merely drug use.
  • DFS Toxicology will only accept human body fluids and tissues for analysis. Examples of items that are not accepted include, but are not limited to:
    • Contaminated bed sheets
    • Contaminated baby bottle contents (may be accepted for potential alcohol contamination)