Request By:
Mr. Elmer Cunnagin, Jr.
Laurel County Attorney
Courthouse
London, Kentucky 40741
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
A conflict has arisen between a local city police officer and the county coroner.
The factual situation was outlined in your letter:
"In response to a call, the London City Police reported to a residence, where the victim of an apparent suicide attempt was still living. After summoning an ambulance to deliver the injured person to the local hospital, where he died some two or three hours later, the City Police confiscated a pistol which was apparently used to inflict the wound. Following the death of the victim at the hospital, and the notification of the coroner, the coroner appeared at the police station and demanded that the pistol be turned over to him. The police officer on duty agreed to allow the coroner to take the pistol, but requested that he sign a receipt for the police officer's records, which the coroner refused to do."
Your first question reads:
"My specific question is whether or not a police officer, during the process of investigating the shooting of a person who has not yet expired, has authority to take possession of the weapons found and believed to be a part of the incident."
Under the facts given, it is our opinion that the police officer acted reasonably in the effort to preserve the integrity of the evidence, i.e., the gun. In other words, he had the authority and the duty to take possession of the weapon as a reasonable step in preserving the integrity of potential evidence of crime. See Pendland v. Commonwealth, Ky., 463 S.W.2d 130 (1971) 133. He did not know whether the victim would live or die. At the time he had no way of knowing precisely that he was dealing with a homicide or suicide.
Question No. 2:
"Whether or not the police officer, after the victim dies, and the coroner is notified, can demand that the coroner sign a receipt for the gun or other personal property which is surrendered to the coroner on demand."
We assume that after the victim died in the hospital, the coroner was notified and exercised his jurisdiction by beginning an inquest. At that point he [the coroner] was entitled to take possession of any objects, medical specimens or articles which, in his opinion, might be helpful in establishing the cause of death. KRS 72.020(2). This would include the gun taken from the scene of the shooting by the city policeman. Since the gun at this point in time was in the police station, we think the police were correct in asking the coroner to sign a receipt for the gun in order to document the chain of possession. In the event a criminal prosecution arises, all objects and articles properly associated with the scene of the tragedy, including the gun found on or near the body of the victim, together with reports of any examinations made upon them, shall be retained by the coroner until their production in evidence is required by the prosecuting authority, unless otherwise directed by written order of the court in which such prosecution is pending. KRS 72.020.