D.C. Mun. Regs. tit. 28, r. 28-5003

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-5003 - POSSESSION OF EVIDENCE AND PROPERTY

5003.1

At the scene of any death subject to investigation under subsection 5001.4, the medical examiner, a medicolegal investigator, or a law enforcement officer shall take possession of any objects or articles which, in his or her opinion, may be useful in establishing the cause and manner of death or the identity of the decedent and shall hold them as evidence.

5003.2

Information and evidence surrounding the circumstances of death shall be acquired as follows:

(a) The CME is authorized to issue a subpoena for confidential medical records and relevant information from physicians, hospitals, nursing homes, residential care facilities and other health care providers as in his/her opinion is necessary for investigating deaths under D.C. Official Code § 5-1407 (2001).

(b) The Chief Medical Examiner shall obtain from the Homicide section of the Metropolitan Police Department circumstantial information, medical histories, witnesses' statements, and other pertinent facts regarding deaths investigated by him/her.

(c) Hospital records shall be made available to members of the Homicide Section, who, for purposes of this subsection, are designated as agents of the Chief Medical Examiner

(d) The Homicide Section may, when circumstances warrant, request that the Chief Medical Examiner be present at the scene of death to assist in the investigation.

5003.3

Objects or articles that accompany a decedent's remains received at the OCME and that are not deemed to meet the criteria of Subsection 5003.1 shall be handled as follows:

(a) Objects or articles of value shall accompany a decedent's body if the body is released to a funeral home as directed by the person with priority in disposition of the decedent's remains under D.C. Official Code § 3-413 unless such objects or articles are deemed to be a hazard to health or safety.

(b) In the event of public disposition under Subsection 5004.2, objects or articles of value shall be released to the person with priority in disposition of the decedent's remains under D.C. Official Code § 3-413. If no such person is readily available, OCME shall forward all objects and articles of value to the Property Clerk of the Metropolitan Police Department unless such items are deemed to be a hazard to health or safety.

(c) Any item used for tentative identification shall be released as set forth in paragraphs (a) and (b) after identification is confirmed by scientific means.

(d) OCME may dispose of, in any reasonable manner, objects and articles of no apparent value and objects and articles deemed to be a hazard to health or safety.

D.C. Mun. Regs. tit. 28, r. 28-5003

As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005), and as amended by NOTICE OF EMERGENCY AND PROPOSED RULEMAKING at 54 DCR 8843 (September 7, 2007) [EXPIRED]; amended by Final Rulemaking published at 71 DCR1274 (2/2/2024)