§ 5–1408. Possession of evidence and property.

(a) At the scene of any death subject to investigation under § 5-1405(b), the medical examiner, a medicolegal investigator, or a law enforcement officer shall take possession of any objects or articles which, in the opinion of the medical examiner, medicolegal investigator, or law enforcement officer, may be useful in establishing the cause and manner of death or the identity of the decedent and shall hold them as evidence. The Mayor shall issue regulations concerning the evidence in the possession of the CME and the transfer of that evidence to law enforcement agencies or the United States Attorney’s Office. The regulations shall include requirements on the length of time evidence shall be preserved by the CME, and shall require that toxicology and histology specimens be preserved for periods of time consistent with the accreditation requirements of the National Association of Medical Examiners.

(b) A law enforcement officer, a medical examiner, or a medicolegal investigator may take possession of all property of value found on or in the custody of the decedent. If possession is taken of the property, the law enforcement officer, medical examiner, or medicolegal investigator shall make an exact inventory of the property and deliver it to the Property Clerk of the Metropolitan Police Department; except, that the CME may instead transfer the property to the person with the right to control the disposition of the remains of the decedent under § 3-413 or to the funeral services establishment that has or takes possession of the remains of the decedent. The CME may dispose of, in any reasonable manner, property of no apparent value or property deemed to be a hazard to health or safety. The Mayor shall issue regulations concerning the transfer of any such property from the OCME.

(Oct. 19, 2000, D.C. Law 13-172, § 2909, 47 DCR 6308; July 15, 2004, D.C. Law 15-174, § 201(a), 51 DCR 3677; Nov. 13, 2021, D.C. Law 24-45, § 3072(h), 68 DCR 010163; Feb. 23, 2023, D.C. Law 24-241, § 2(a), 70 DCR 232.)

Prior Codifications

1981 Ed., § 11-2305.

Effect of Amendments

D.C. Law 15-174 added the last sentence to subsec. (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3072(h) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) addition of section, see § 2909 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Delegation of Authority

Delegation of Authority Pursuant to Title XXIX of D.C. Law 13-172, the “Fiscal Year 2001 Budget Support Act of 2000” Creating the Office of the Chief Medical Examiner, see Mayor’s Order 2001-04, January 5, 2001 ( 48 DCR 938).