Probation Department Policy/Procedure Manual

5.6 Property & Evidence Manual

Location Support Services-Evidence
Section
Subject 5.6 Property & Evidence Manual
Purpose The Property & Evidence Manual supports the policy and procedures used for booking, releasing and handling of evidence.
Effective Date 1/1/2019
Previous Effective Date 10/31/2022

 

CONTENTS:

 

  1. Property, Evidence, and the Chain of Custody
  2. Collecting Property and Evidence in the Field
  3. The Property Evidence Receipt
  4. What can and cannot be booked into our Property Room
  5. Packaging the Items
  6. Booking Property into our Property Room
  7. Reports – PVs, Mod Orders, Memos (Informational Report)
  8. Property Room
  9. Property Officer and the Duties
  10. Removing, transporting, and or transferring evidence to another jurisdiction for testing, housing, …
  11. Request by Counsel or DA to View Evidence
  12. Disposal of Property Evidence

 

PROCEDURE:

  1. Property, Evidence, and the Chain of Custody
    1. There are five possible courses of action to take upon locating presumed contraband:
      1. Determine an item(s) need to be seized and are to be destroyed.
      2. Determine it is not sufficient to warrant confiscation, or videotaping, and request that the owner and/or parent of a minor destroy or properly dispose of the item(s).
      3. Determine it is not sufficient to warrant confiscation, and videotape/photograph the item(s) to assist in any future court hearing.
      4. Determine it is evidence of a violation of probation that is likely to result in a petition being filed and seize it according to the procedures listed in this procedures manual.
      5. Determine it is evidence of a new law violation and ensure that local law enforcement take custody of the item(s).
      6. It is imperative that officers establish and maintain the chain of custody and protect the integrity of evidence.
        1. The number of individuals who handle the evidence should be limited.
        2. When evidence transfers to another officer:
          1. Record in your case notes as well as in EOQS to whom the evidence was given.
          2. Record the date and time possession was transferred.
          3. Record the reason for it being given to another in the case file.

    2. If an officer collects property in field and takes to PD/SO directly, they are to use the property evidence receipt to document what was seized.  When the property is taken to the local police department or Sheriff’s Department, the officer taking possession of the property is to sign the bottom of our property evidence receipt.  The probation officer shall file the original property evidence receipt in the probationer’s probation file.  The second form (yellow) is to be given to the receiving law enforcement agency. 

  2. Collecting Property and Evidence in the Field

The chain of custody shall be maintained on all contraband seized during a probation search.  In undertaking a probation search, the probation officer should be aware of the possibility that the evidence seized may be used in a new criminal prosecution and/or a probation revocation proceeding. 

A.  Any evidence seized which may result in the filing of a new charge or complaint should, if possible, be by the local law enforcement agency where the evidence was found.  A copy of the police report detailing the found property or evidence should be obtained and placed in the probationer's file.  Any evidence or contraband requiring special handling (i.e., expensive or fragile items) or handguns and rifles should be processed by the local law enforcement agency if at all possible. 

B.  When a search results in evidence of a new law violation, law enforcement shall be summoned to the scene to take a report before the probation officer leaves.  If law enforcement is unable to respond within a reasonable amount of time, the probation officer may: 

1)        Seize the evidence and book it into the evidence booking room.  Law enforcement shall be contacted by the end of the next business day and requested to take custody of the evidence. 

    2)        Evidence may be taken to law enforcement for their seizure as long as the chain of evidence is maintained.

When collecting evidence, only officers as defined by our Department Policy shall handle the property and or evidence.  Every effort shall be made to prevent the potential for contamination, adulteration, or substitution of the evidence, including the wearing of gloves during collection.  When contraband is found in a probationer's home and or on his/her person or property, it should be handled by one officer only.  If however, there are two officers collecting evidence, each officer handling the property and or evidence shall fill out a separate Property Evidence Receipt while at the scene.  (“Collecting” property evidence means moving the item(s) from their original position.)

During searches, there should be one officer designated as both the recorder and collector of evidence.  It is that officer’s responsibility to carefully log and collect all evidence/contraband.  Each item, and the exact location where it was found, shall be clearly described and documented on the Property Evidence Receipt and later into EOQS.  Care shall be used so as not to damage any existing serial numbers or other identifying marks already on the article. Serial numbers or existing distinctive marks already on the article shall be recorded on the Property Evidence Receipt in the description section.

Clothing items, such as belts, shirts and caps are examples of items that may reflect a violation of a condition of probation, but do not necessarily warrant confiscation. Drug paraphernalia is an example of an item which would likely require confiscation. Drugs or weapons that would result in new law violations should become the responsibility of the local law enforcement agency.  That agency should be called to respond if they are not already accompanying the probation officer during the search.

  1. The Property Evidence Receipt

The collecting or recording officer is responsible for clearly and specifically identifying the quantity and contents of each property envelope on the Property Evidence Receipt (i.e., "4 syringes and needles", or "one 12 oz. bag of marijuana”).  All searches shall be explicitly recorded in detail by the appropriate probation officer in the chronological entries of the case record.  The exact weight will probably not be able to be determined until booking the property at the Department.  As such, it is not necessary to have the exact weight on the copy given to the owner/probationer.

All property and contraband taken in a probation search will be recorded on a Property Evidence Receipt.  The original (white) is placed in the probationer’s file, the middle copy (yellow) goes with the property being booked into the Property Room, and the back copy (pink) goes to the owner of the property or left in a highly visible location at the place where the property was taken.  The property log number assigned at the time of booking the evidence will be written on the Property Evidence Receipt.  (Note:  The Property Evidence Receipt copy given to the owner or left on the premises will not contain the property log number).

  1. What Can and Cannot Be Booked into the Evidence Booking Room or Evidence Room

 

A.  EXPLOSIVES

NO EXPLOSIVES, FIREWORKS, FLAMMABLE SUBSTANCES/LIQUIDS, GASES, or TOXIC CHEMICALS are allowed in the evidence lockers.  Officers shall not seize these items.  Law enforcement and/or fire officials of jurisdiction should be contacted immediately when any potentially toxic, hazardous, explosive, etc., materials are discovered.  The law enforcement agency of jurisdiction shall also be contacted for any flammable substances/liquids that may be associated with illegal activities or suspected narcotics laboratories.  (This does not pertain to cigarette lighters, butane tanks, small torch tanks.) These items should not be removed by the probation officer.

 

B.  URINE

NO URINE samples or other bodily fluids are allowed in the evidence locker.  The urine sample needs to go the lab.

C.  SYRINGES / NEEDLES

Syringes/needles confiscated for destruction only are to be disposed in red container located in the Evidence Booking Room.  Syringes / needles taken as evidence of drug violations (i.e. containing a substance) typically will result in a new law violation and should therefore be handled by local law enforcement.  If, however, law enforcement is not going to be involved and the syringe / needle is confiscated and appears to contain some type of illegal drub, the syring / needle is to be secured in an evidence protective tube, packaged in an evidence bag, bar coded and secured in an evidence locker. 

Other sharp objects shall be packaged in a manner that will reduce potential for injury to staff.  For safety, exposed blades shall be covered (i.e. cardboard, paper, tape, etc.) before submission into evidence. 

                SAFEKEEPING ITEMS

The Department’s Property Room and Storage areas are not set up to accept large items, such as bicycles, large backpacks, etc for safekeeping.  If an officer takes a person into custody, or somehow ends up with one or more of these types of items as safekeeping, officers are to follow their Division guidelines on how to process and secure these items.

  1. Packaging Confiscated Materials

Whenever possible, the property / evidence item(s) will be properly packaged in an envelope, bag, or container that is approved by the Department and a Property Evidence Receipt completed.  If an item is too large for packaging, an Evidence Tag is be attached to the item and an EOQS barcode label is to be affixed to the Tag during the booking of that item at the Department.  The officer is responsible for clearly and specifically identifying the quantity and contents of each item on the Property Evidence Receipt form (i.e., "4 syringes and needles", or "one 12 oz. bag of marijuana”).  All searches shall be explicitly recorded in detail by the appropriate probation officer in the chronological entries of the case record.

 

A.  DRUGS/PARAPHERNALIA

Narcotics and drug paraphernalia must be packaged separate from all other contraband.  Each item shall be placed into a separate bag or container.  Use a paper bag when packaging marijuana.  Paper bags are located in the Evidence Booking Room.  This type of evidence is destroyed separate from other contraband.  Weigh the drugs and log the amount on the Property Evidence Receipt and in EOQS.

 

B.  FIREARMS/AMMUNITION

Weapons and ammunition must be packaged separate from each other and all other contraband.  Ammunition shall be counted and bagged as a separate item.

 

  1. Booking property into our Property Room

When bringing seized property or evidence into the Property Room, the officer will do the following:

  • Enter the seized items into EOQS.
  • Ensure all property is packaged properly.
  • From EOQS, print a label for each of the items being entered and affix each label to the packaging of the item it describes.
  • EOQS will assign items with a sequential property number. The probation officer will need to ensure that these numbers are placed on the Property Evidence Receipt and that the numbers on the label attached to the packaging/item match the numbers written on the Property Evidence Receipt.
  • Place the package(s) in an available temporary storage locker with the yellow copy  (middle sheet) of the Property Evidence Receipt inside the evidence bag / taped to the back side of the barcode tag on large items.
  • Lock the locker and put the key to that locker in the Property Officer’s key deposit slot (#11) located in the Evidence Booking Room.

If the property is too large for packaging, attach a tag to the property itself and affix the EOQS label to the tag.

It is preferred that all evidence and property be booked into a secured storage locker in the Department’s Evidence Room soon after it is seized.  However, if an officer working in an outlying area has seized evidence other than a firearm or a narcotic/marijuana, the officer may secure that property at their office until their next shift.  All firearms and or narcotics/marijuana seized will be booked and secured into the Department’s Property Room prior to the end of the officer’s shift of when the property was seized. 

FIREARMS

Firearms shall be booked unloaded and the unexpended cartridges shall not be attached in any manner to the weapon.  The probation officer should contact a Department Range Master, another experienced probation officer, or local law enforcement if he/she is unfamiliar with clearing the firearm. 

The action or cylinder of the firearm shall be zip tied or wired in an open position.

Ammunition shall be counted and bagged as a separate item.

Weapons and ammunition must be packaged separate from all other contraband.  This type of evidence is destroyed separately from the other contraband.

  1. Reports – PVs, Mod Orders, Memos -

The probation officer shall notify the Court by filing memorandum or a Violation of Probation Report when any evidence is seized.  When filing a memorandum or Violation of Probation report pertaining to evidence seized, the probation officer shall recommend that the Court order the item be destroyed or returned to its lawful owner, upon disposition of the case.  Thus, notice of intent to dispose of the property has been given to the probationer in Court.

 

EVIDENCE BOOKING ROOM

The Probation Department has established a systematic method for the processing of evidence or contraband.  Booking of evidence will be done by use of the Evidence on Q System.   This process includes the utilization of temporary and permanent evidence lockers.  For this, the Property Room has two rooms.  The first room entered is the Property Booking Room, which is where the temporary storage lockers, the EOQS computer and printer, and the packaging supplies are stored.  The door to this room shall remain locked at all times and access to this room shall be restricted to officers only.  

In this room there are 14 temporary storage evidence lockers.  Eleven of these are smaller lockers and three are for larger/longer items.  When these storage lockers are empty, they will be left unlocked with a key maintained in the lock.  After contraband or evidence has been placed in a locker, the locker is to be locked and the key removed and inserted into a key deposit, located in the Evidence Booking Room in locker #11.  Once the locker is secured, the only people with access to the locker are the designated Property Officers.  The temporary storage lockers are available for use to all officers 24 hours a day, 7 days a week.

The Property Officer will maintain a supply of packaging and labeling for confiscated items.  The forms and supplies are located in the Evidence Booking Room across the aisle from the EOQS computer. 

The Evidence Booking Room has a scale available for use by staff.  Prior to placing drugs into the evidence locker, staff should accurately weigh each drug seized.  Note the weight on the Property Evidence Receipt and in EOQS and specify whether it includes the packaging material.  (i.e., "4 syringes and needles", or "one 6.3 oz. bag of marijuana including packaging”).  A presumptive should also be completed on each drug package with the results recorded on the property form.  Discard the presumptive when the test is completed.  Please do not book the presumptive in with the evidence.

Note: All hypodermic syringes/needles booked are to be kept in protective tubes while in evidence for safety reasons.)

The second room, the Evidence Room, is where the permanent evidence storage is located and will be locked at all times.  Only those designated as the Department’s Property Officers are allowed into the Property Room. 

  1. Property Officer and their Duties

The primary Property Officer will be the designated from time to time as needed, and backed up by the Support Services Chief Deputy Probation Officer.

The primary Property Officer, or in that person’s absence, one of the backup Property Officers, will daily remove items of evidence or contraband from the temporary storage lockers and move these items into the Evidence Room. At the time the items are moved, the Property Officer will:

 

  • Check to ensure the item(s) are labeled correctly. If the items are not labeled correctly, the Property Officer will contact the DPO that booked the property so that corrections can be made to the Property Evidence Receipt.

 

  • Check to ensure that items are appropriate for storage in the Evidence Room and if they are not appropriate, take steps to ensure their transfer to the appropriate evidence storage facility.

 

  • Scan and log the items into the Evidence Room via EOQS. 

 

The original copy of the Property Evidence Receipt is maintained as the administrative copy in the Evidence Room.

 

The Support Services Chief Deputy Probation Officer will maintain control of the master key to the Evidence Room.

 

The designated Property Officer(s) will semi-annually (or as needed) inventory all property held within the evidence lockers in preparation for the disposal of all items no longer needed as evidence.  (See below for further information.)  A report can be generated from EOQS showing property that has been in evidence storage for longer than 60 days.  This report can be sent to the assigned supervising probation officer and their supervisor for verification that the property continues to be needed for evidentiary purposes.

 

10.  RETRIEVAL OF ITEMS FROM THE EVIDENCE LOCKERS/PROPERTY

A.        Removal of Items

Any officer who needs to retrieve evidence (i.e. release evidence to police; take evidence to the Sheriff’s crime lab or to court) that has already been booked into the Evidence Room needs to contact the Property Officer.  A 24 hour minimum notice is requested for this to occur, as a minimum.

Any removal of items stored in the Evidence Room, for any reason, shall be documented in EOQS, which will note the date and time, the reason for the removal, i.e. court proceeding, and who is taking responsibility of the item(s).  The Property Officer will sign and the receiving party shall sign the EOQS pad to finalize this transaction. Similar entries will be made every time evidence is returned or released from the Evidence Room.

Upon returning any previously booked property to the Evidence Booking Room or Evidence Room, the original assigned control number will be used.  The Property Officer will make another notation in EOQS noting the returning of the property and the returning officer’s name.  

 

B.  Retrieval of Items for Return to Owner – (refer to PC 1417.1/.5/.6 )

If evidence is to be returned to the owner, the assigned probation officer is to log onto EOQS and go to the “Request” tab, check the appropriate box and complete the information.  The Property Officer will send the owner an EOQS generated letter.  The owner will be given 30 days to contact one of the Property Officers to make an appointment to have their property returned to them. 

The person receiving the property will sign the EOQS pad stating they are accepting the property.  A copy of the signed receipt will be given to the person taking control of the property.  The Property Officer will email the assigned probation officer stating that the property has been released to the owner of the property.

 

  1. Request by Counsel or District Attorney to View Evidence

All requests by Counsel or District Attorney to view evidence must be made in writing providing at least one business day advance notice of viewing and be requested through the Probation Department’s Property Officer.  Once the Property Officer has determined the request is within lawful provisions, the Property Officer will contact the assigned DPO and their SDPO and or the Support Services Chief Deputy Probation Officer.

The Property Officer will coordinate a date to view the evidence and, once determined, the assigned DPO will contact the DA, and/or Defense Counsel and notify each of the viewing date and time.  The viewing of the evidence will take place in an interview office at Casa Loma.

Individuals present to view the evidence will sign the EOQS pad under the Removal of Evidence with the reason being Viewing of Property.  The Property Officer will document in EOQS who viewed the evidence, the date and time.  The assigned DPO or their supervisor and Property Officer will be present during the viewing.  The viewing parties may take photographs or notes; however, may not handle the evidence.

 

  1. Disposal of Property / Evidence Disposal

The designated Property Officer(s) will semi-annually (or as needed) inventory all property held within the evidence bins in preparation for the disposal of all items no longer needed as evidence.  To start, the Property Officer will generate a report in EOQS and e-mail it to all affected field DPO’s/SDPO’s giving advance notice of the inventory disposal.  The e-mail shall include a 4-week grace period to allow for a DPO to respond, in the event evidence needs to be saved.  Generally, all saved property should be disposed after a four-month holding timeframe.  (PC1417.1, PC1417.5, and PC1417.6.)

The Property Officer will prepare an itemized list utilizing the Petition for Destruction of Seized Evidence and Evidence Disposal Inventory. All items will be separated into categories as outlined in the Evidence Disposal Inventory sheets. The property items should then be boxed and labeled by category. When the inventory sheets have been completed, they are submitted with the Petition for Destruction of Seized Evidence to any Judge at the San Luis Obispo County Superior Court. 

 

Narcotics and Drug destruction

Once the Petition for Destruction of Seized Evidence and Inventory is returned signed by the Judge, the property officer shall call the San Luis Obispo County Sheriff’s Department Property Room to schedule an appointment to transfer drug/narcotic property. Call: (805) 781-4533. The Property Officers at the Sheriff’s Department require that our drug/narcotic property be placed in a cardboard box and sealed prior to delivery.   This will generally be done once a year for the annual drug burn/disposal coordinated by the Sheriff’s property officers.

On the appointed date and time, the Petition and attached Inventory Sheets together with all itemized and packaged property will be transported to the San Luis Obispo County Sheriff’s Property Room located on Kansas Ave, San Luis Obispo for disposal. Once the property has been accepted by SLOSO, the SLOSO representative and the Property Room Officer will sign the petition. The original petition and inventory remains with SLOSO and the Property Room Officer obtains a copy that is kept in the evidence/property room. Disposition of all disposed evidence should be entered into EOQS.

 

Syringes / Needles Destruction

The property officer shall take the box(es) of confiscated syringes/needles to Rite Aide Pharmacy at 1251 Johnson Ave. San Luis Obispo, as needed, for disposal and exchange of the sharps box.

 

Tom Please look at these next few sections – They are a bit confusing.  Is “Disposition” pertaining to all evidence or only certain types of evidence?  If all evidence, then it needs to go ahead of the section, Narcotics and Drug destruction.

 Disposition:  In accordance with Penal Code Section 1417.1, seized evidence shall be retained for a minimum of sixty (60) days after “final determination” of the criminal action.  Penal Code Section 1417.1 provides that no order shall be made for the destruction of an exhibit in a criminal proceeding prior to the final determination in the action.  That same section states that the date when a criminal action becomes final is as follows:

  • When no notice for appeal is filed, 30 days after the last day, for filing that notice
  • When a notice of appeal is filed, 30 days after the date the clerk of the Court receives the remittitur affirming the judgment
  • When an order for a rehearing, a new trial, or other proceeding is granted and the ordered proceedings have not been commenced within one year thereafter, one year after the date of that order
  • In cases where the death penalty is imposed, 30 days after the date of execution of the sentence

The supervising probation officer shall be responsible for tracking whether a “final determination” has taken place as described in Penal Code Section 1417.1.  When a final determination has taken place, the probation officer shall notify the Property Room Officer via EOQS “Request” that the property can be destroyed or returned to the owner. 

 

Notice of Intent to Dispose of Evidence:

The Property Officer will notify the defendant of the department’s intent to dispose of the seized items no later than 60 days after the request by the assigned probation officer to return/destroy the property.

Whenever booked property is identified by this Department as being eligible for disposal, one of the following methods shall be utilized:

  • Return to lawful owner.
    • The supervising Probation Officer shall determine if the property can be released to the lawful owner.  If the property is releasable the DPO shall notify the Property Officer by entering the information into the EOQS via the “Request” tab after the final disposition of the violation.  The owner shall be notified by the Property Officer that if he/she does not respond within 30 days, the property may be deemed eligible for destruction.

 

  • Citizens receiving property shall provide the Property Room Officer with photo identification.  Upon receipt of the property, the citizen shall sign the Property Release Notice via the EOQS pad and the property room officer will countersign, verifying the release.  The person receiving the item will be given a receipt via EOQS.

 

  • Destruction of evidence by the Probation Department.

 

  • If the property is contraband, after case disposition, the supervising probation officer shall log into EOQS, go to the “request” tab and request the item be destroyed.

 

All evidence / confiscated itmes will be destroyed, at least annually, at a disposal site designated by the Department.  (Ammunition unless retained for Department use, will be turned over to the Sheriff’s Office Range Master for destruction).

Items placed into evidence for destruction shall not be removed from the property room until the destruction of evidence is scheduled.

The Property Officer will be accompanied by another Probation Officer or allied agency representative, when destroying all eligible evidence.  Both persons will sign the Property Destruction Receipt verifying the destruction and disposal of the evidence.  The original shall be retained in the probation file and copies shall be distributed to the Property Room Officer and lawful owner.

Regardless of the disposal method utilized, proper documentation is required in EOQS, a Property Release Notice and/or Property Destruction Notice shall be completed.

The Authorization for Property Destruction, Court Order for Destruction or Disposition of Seized Evidence, and the Property Destruction Receipt shall be retained by the Chief Deputy Probation Officer of Support Services after destruction has been completed.

 

FIREARM DISPOSAL

FIREARMS to be Destroyed

 

The Property Officer is responsible for ensuring all firearms are disposed in a lawful manner. Each firearm must be entered into the California Department of Justice Automated Firearms System as destroyed (PC 12022,12028, 12029 and 12030). A master list of these firearms and their serial numbers should be retained indefinitely.

 

Upon destruction, a Weapons Destruction Certification should be filled out and signed by both the Property Officer and a witness, i.e., someone not in property/evidence.  See next page for an example of the document.

 

Methods of Disposal  

 

All firearms shall be disposed of per PC 12022,12028, 12029 and 12030 by one of the following methods:

 

• Shredding/grinding/cutting

• Melting/Shredding at a commercial facility ie: Union Foundry, 1200 Willow Road, Union City, CA.

• Melting/shredding in conjunction with the annual evidence weapons destruction coordinated by the Sheriff’s Office property officers.

• Conversion to agency use

• Training

• Transfer to crime lab or other agency (may require court order)

 

 

 

Evidence Booking Procedures/Guide

 

PROPERTY BOOKING PROCEDURES

Complete a Property Evidence Receipt for all evidence/property by itemizing every item. It is the responsibility of the assigned DPO to track all property flagged as “save”. All property will be disposed after four months unless you notify the Property Officer otherwise. The original goes with the property and a copy goes in the probationer’s file.

 

PACKAGING/LOGGING PROPERTY:

 

Bag items in marked envelopes located in the evidence room. Items too big for an envelope should be tagged and labeled with a bar code label.

 

Please bag the following items separately:

 

  • Drugs

 

  • Ammunition (Live bullets, shotgun shells, pellets, BB’s, gun powder)

 

  • Guns (including all pellet guns).   Please refer to separate procedure for booking firearms
  • All other evidence can be bagged together.

 

  • ****PLEASE SECURE ALL OPEN BLADES/GLASS/SHARP EDGES****

Close each envelope (no staples).  If more than one bag, number each envelope or tag, e.g., 1 of 3, 2 of 3, etc.

 

Place the property and the original Property Evidence Receipt in one of the temporary lockers and secure the padlock. Property for multiple cases can be locked in one locker as long as it is all clearly identified.

 

EXPLOSIVES/TOXIC CHEMICALS:

Do not bring explosive materials or toxic chemicals (e.g., dynamite, illegal fireworks, gunpowder, etc.) into the building. If you think you have any unstable/explosive items in the field, before handling them, contact the County Bomb Squad.  It is also imperative you contact the local police jurisdiction you are in whenever these situations arise.

 

FIREARMS/AMMUNITION: 

FIREARMS ARE TO BE UNLOADED and AMMO CLIPS ARE TO BE EMPTIED prior to entering the building. If you are not familiar with unloading firearms, seek assistance from a range master/other staff or law enforcement. Live bullets and shotgun shells are to be bagged separately from guns.

 

Record the serial number, make, model and caliber of each weapon on the Property Evidence Receipt. Run stolen and registered owner checks on each weapon and attach record checks to the Property Evidence Receipt. If a weapon has been reported stolen, turn it over to the law enforcement agency holding the stolen report and obtain a receipt for your probation file.

 

DRUGS:

Usable quantities should be turned over to the police jurisdiction for filing whenever possible. Do a presumptive test on each type of drug before weighing and record results on the Property Evidence Receipt. Discard presumptive, do not book as property. Weigh each drug package and record the total weight in grams on the Property Evidence Receipt, indicating whether the weight includes or excludes the packaging and place the security seal on the envelope.

 

NEEDLES/SYRINGES:

Unless the syringes are in their original sealed plastic packaging, place all needles and syringes in Sharps plastic tube containers before placing in envelope. Mark outside of envelope: “NEEDLE/SYRINGE”.

 

KNIVES:

Tape the cutting edge of knives (and other sharp objects).  Mark envelope:  “KNIVES”.

 

ELECTRONIC ITEMS;

Record serial number of each item on the Property Evidence Receipt (indicate if there is no serial number). Run Teletype check of each item with a serial number. If a record check reveals the item is stolen, the property should be turned over to police. Otherwise, attach record check to the booking sheet.

 

MONEY:  Per policy, we are not allowed to seize money.  Contact law enforcement for assistance if this is necessary.

 

 

FIREARMS

1. Clear all ammunition from every gun and empty all clips before entering an office, this includes bb/pellet guns. Contact a Range Master, law enforcement, or another experienced officer if you need assistance.

  1. Run a record check on the serial number of each gun to determine:
  • if the gun is stolen
  • if there is a registered owner

If a record check reveals a gun is stolen, it needs to be promptly turned over to the police. Contact the law enforcement agency holding the stolen report and obtain a receipt for the gun from police for your probationer’s file. If there is no serial number on the gun, please indicate this on the Property Evidence Receipt and the EOQS.

 

  1. Complete a Property Evidence Receipt, listing the caliber, make, model and serial number of each gun. Attach a copy of the gun record check to the Property Evidence Receipt (include Teletype printouts that indicate “no record” on the serial number).

 

  1. If the gun is to be saved, it is the responsibility of the DPO to notify the Property Room Officer in a timely manner as to the final disposition of the firearm, either dispose or return to a lawful owner (see instructions below for information on releasing a firearm).

 

  1. Storing firearms for safekeeping is not a regular practice and can only be done under exceptional circumstances with the Property Room Officer or the Support Services Chief Deputy Probation Officer’s approval.

 

PROCEDURE FOR RELEASE OF FIREARM TO AN INDIVIDUAL

If a gun is to be released to a lawful owner, a Law Enforcement Gun Release Application (FD 119) must first be submitted to DOJ. This DOJ application must be submitted in all cases to insure there are no factors prohibiting the individual from owning or possessing a firearm, such as prior 5150 WIC holds, etc. The form can be downloaded from U.S. Attorney General Website:

 

 www.ag.ca.gov/firearms

The application fee is $20.00 and must be paid by the claimant. Processing of the application takes approximately 30 days.

  • If approved by DOJ, a notice will be sent only to the applicant. The notice will include a gold sticker seal on the lower left side of the notice. The applicant has 30 days from the date of the letter to bring it to our office for release of the weapon.

 

  • If the person is prohibited, the notice will not include the gold sticker seal and it will be sent to both the applicant and the agency holding the firearm. The DPO should contact the Property Officer to make the necessary arrangements. Use Property Receipt when releasing any firearm and provide a signed copy to the Property Officer once the gun(s) have been released.

 

If the claimant is a prohibited person and DOJ does not give clearance and there are no other eligible claiming parties to a seized firearm, notify the Property Officer that the firearm can now be disposed.

 

*****When a gun check indicates a probationer is the registered owner of a firearm and the probationer claims he/she no longer has the firearm, the DPO should request all supporting documentation from the probationer and take necessary measures to verify, i.e. conducting search and seizure. The probationer should then complete DOJ form BOF 4546

 “Notice of No Longer in Possession” (download from web site http://www.ag.ca.gov/firearms/forms ) and the DPO sends the form to DOJ (with copy to file). **