Probation Department Policy/Procedure Manual

Seizure, Control and Processing of Property and Evidence

Section SECTION VI – GENERAL OPERATIONS
Pages 2
Effective Date 3/25/2022
Previous Effective Date 3/6/2019

I. AUTHORITY

This policy is issued under the authority granted to the Chief Probation Officer, and Sections 12028, 12029 and 12030 of the California Penal Code and other codes. 

II. PURPOSE

The purpose of this policy is to govern the seizure and disposition of property and contraband taken as evidence for purposes of probation violation investigations or arrest. 

III. APPLICABILITY

This policy applies to all sworn Probation staff.

IV. BACKGROUND

During the course of their duties, probation officers and juvenile services officers may find and seize property or contraband that may be evidence of illegal activities and/or probation violations.  It is important that such property or contraband be properly recorded, secured, and disposed of or returned as governed by law.  

V. GENERAL POLICY

  1.  The Professional Standards Unit Supervising Deputy Probation Officer is the designated Department Property Officer. 
  2.  The Support Services Division Chief Deputy may recommend to the Management Team additional Department Property Officers as needed.
  3.  Sworn Probation staff may seize evidence of a probation violation or new crime in the course of performing their duties.

 DEPARTMENT PROPERTY/EVIDENCE OFFICER RESPONSIBILITIES

  1.  The Property Officers shall be responsible for storing, maintaining, releasing, and accounting for all evidence in compliance with this policy.
  2.  The Property Officers shall assign a storage location for each item of evidence and record this information in the EvidenceOnQ computer system.
  3. The Property Officers shall facilitate the bi-annual disposal of seized weapons pursuant to Sections 12028, 12029, and 12030 of the Penal Code and other codes.

ACCESS AND INSPECTION OF EVIDENCE/PROPERTY ROOM

  1.  Only Department-authorized Property Officers shall have access to the Department’s Evidence Room.
  2. On a quarterly basis, the Property Officer(s) shall inspect the evidence storage sites to ensure compliance with this policy.  The signed inspection log will be stored in the Property Officer Procedure Manual which is located in the Department’s Evidence Room.
  3.  An annual inventory of the Department Evidence/Property Room shall be conducted by the Support Services Chief Deputy Probation Officer.  The signed inspection log will be stored in the Property Officer Procedure Manual which is located in the Evidence Room

VI. EXCLUSIVITY

This policy shall remain in effect until superseded or suspended in writing and reviewed as necessary.