SECTION 375:30-11-3. Evidence submissions to the Oklahoma State Bureau of Investigation  


Latest version.
  • (a)   Evidence from criminal investigations will be accepted from law enforcement personnel by the following methods:
    (1)   In person;
    (2)   U.S. Mail-except firearms and clandestine drug laboratory evidence;
    (3)   Private courier (UPS, Federal Express, etc.);
    (b)   Only evidence from criminal investigations, where criminal charges may be filed, will be accepted by the OSBI.
    (c)   Evidence from civil cases or product cases such as food or drugs purchased from a retailer or vending machine suspected of being contaminated or faulty will not be accepted for analysis by the OSBI Lab.
    (1)   All such cases will be referred to the Consumer Protection Division of the Oklahoma State Health Department.
    (2)   Criminal tampering of products or suspected poisoning evidence will be accepted for analysis by the OSBI.
    (d)   No explosive devices, explosive samples or post-blast samples will be accepted for submittal to the OSBI Laboratory.
    (e)   Clandestine laboratory evidence (i.e. chemicals, glassware, equipment, etc.) will be accepted for submittal for analysis by the OSBI only in small, representative samples or if a very small lab, provided it is safely packaged, can safely be stored short term in an OSBI Laboratory, and does not endanger an OSBI employee. Any exception to this rule must be approved by the OSBI Criminalistic Services Division Director or their designee prior to such submission. The OSBI Laboratory is not a long term storage facility for clandestine labs or other hazardous chemical waste. Only representative samples of clandestine drug lab evidence will be retained for analysis or court as long as needed. All other clandestine laboratory materials will be destroyed at the discretion of the OSBI by a licensed hazardous waste contractor in accordance with all applicable local, state, and federal regulations.
    (f)   All items of evidence held by the OSBI pursuant to these rules will be stored in secure evidence storage areas approved by the OSBI Criminalistic Services Division Director.
[Source: Added at 17 Ok Reg 2542, eff 6-26-00; Amended at 27 Ok Reg 1871, eff 7-31-10]