International Association for Property and Evidence, Inc.
Evidence Log - 1994 Vol 94, No 1

CLASSIFICATION OF PROPERTY

Classifying property and evidence can aid in storage and disposal. Evidence storage is based on statute of limitations or court actions. Other items that are not evidence can be released in much shorter time. Found Property is one example. Most states and providences limit the storage of found property to a certain amount of time. In some cases, found property is held for days, other cases months. Setting up an area to store found property based on time limits simplifies disposal. For instance, Jurisdiction "A" has a two month legal hold requirement. Items are stored for the dates of Jan. I -15 on one shelf or in one area. Any item not returned to the owner may be disposed of on March 16. The definition of found property normally does not include intentionally discarded items such as old televisions, refrigerators, etc. Intentionally abandoned property is not usually accepted for storage unless the item is tied to a crime. 

Wherever possible, applicable legal codes should be included for easy reference. The four basic classifications for property and evidence have been defined in the example. However, in some instances, agencies add specific classifications applicable to a given jurisdiction.

Example of property manual procedure for Classification: 

EVIDENCE OR PROPERTY
TAKEN INTO CUSTODY 

All property assigned to the Property Section for storage shall be classified as evidence, found property, for safekeeping or seized by search warrant. 

Evidence: 
Property which may be related to a crime, or which may implicate in or exonerate a person from, a criminal charge. 

Found Property: 
Non-evidentiary property, which after coming into the custody of a law enforcement agency, has been determined to be lost or abandoned and is not known or suspected to be connected with any criminal offense. Generally addressed Sections (list any applicable legal codes:) Found property does not include intentionally abandoned property. Abandoned' Property will not be accepted for storage. 

Property held for Safekeeping: 
Non-evidentiary property which is placed in the custody of a law enforcement agency for temporary protection (72 hours.) Safekeeping items are held pursuant to (list applicable legal codes.) Safekeeping items are held to provide an opportunity to determine legal ownership but are not known to be evidence of a crime. 

Property seized by search warrant: 
This is property held by court ordered search warrant. This includes all items listed on the search warrant inventory or ordered seized by a magistrate. (List applicable legal codes.) Items seized by order of a court are held pursuant to a judge's decree. No item held by search warrant should be released without written directions from the court of jurisdiction or the magistrate ordering the seizure of items. 

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Copyright © 1999 International Association for Property and Evidence, Inc.
Reprinted from the Evidence Log, Volume 1994, Number 1, Page 13

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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