Law enforcement agencies are required to temporarily take personal property into custody on occasion as a result of arrests that are made, incapacity, or domestic violence calls that are investigated.

Excessive personal property that does not fit into a jail property bag should be booked as Property for Safekeeping and a notice given for the owner to claim the item within a specified time, or make arrangements for a third party to claim it within this period. Caution should be used to ensure that such property is thoroughly searched to prevent unwanted items from entering the Property Room. Property that is filthy, trash, open consumables, or items that may contain lice or other contagion should be disposed of and not brought in to contaminate the Property Room.

Personal property is sometimes encountered when owners are temporarily disabled due to a health emergency or some other type of incapacity. In such instances, a notice should be provided via first class mail to an available mailing address advising the party to make arrangements to claim the property within the specified time period. When no such address is known, a receipt, and instructions on how to claim property should be personally served, if possible.

Domestic violence calls are frequently requiring law enforcement personnel to take firearms into custody for a specific period of time. When such instances occur, a receipt should be provided along with instruction on how to claim the weapons. A sworn investigator who is familiar with domestic violence laws should authorize the release of these weapons. In addition to screening for any current restrictions upon the release of such weapons, a criminal history check should be conducted to see of any prior arrests qualify for firearm restrictions. Due to significant liability exposure, caution should be exercised to ensure the accuracy of information when any release of a firearm is contemplated.

Property for Safekeeping items should be stored in a Property Room location where it is segregated from other items of general evidence by virtue of its short-term storage requirement. Property for Safekeeping reports should also be segregated from other reports by virtue of the same criteria. Safekeeping items should be placed on its own separate property report form and not commingled with other items of general evidence or other items that require special handling.

Properties for Safekeeping statutes are few and far between across the country. California may be the only state that provides some type of statutory guidance and relief in the handling of property for safekeeping. Historically some departments retain for a few days while others keep it until the suspect completes his/her jail term.

In essence some departments have be come the "Pubic Storage Garages" for no other reason than they have guidance on the handling of this non-evidentiary property. In California if the owner is given a receipt when the item is seized the owner has 60 days to retrieve the property or it shall be disposed of. If the owner makes a written request to retain the property longer than the 60 days the department has a legal obligation to keep for an additional. The bottom line is the property office has legal process for purging the non-evidentiary property. The suggested process may provide your department guidance in developing a new policy, municipal code or modify your state statutes.

Included below is the actual text from California's Civil Code that allows a very sensible method of disposing of Property for Safekeeping. In addition an example receipt is also provided below.

§ 2080.10. (a) When a public agency obtains possession of personal property from a person for temporary safekeeping, the public agency shall do all of the following:

(1) Take responsibility for the storage, documentation, and disposition of the property.

(2) Provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the public agency obtains the property or immediately mailed, by first-class mail, to the person from whom the property was taken.

(3) If the public agency has knowledge that the person from whom the property was taken is not the owner, the agency shall make reasonable efforts to identify the owner. If the owner is identified, the public agency shall mail, by first-class mail, a receipt and instructions for the retrieval of the property.

(b) The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within 60 days after the public agency obtains possession or the property will be disposed of in accordance with the disposal provisions of this article. Within 60 days, the person may do one of the following:

(1) Retrieve the property.

(2) Authorize in writing another person to re trieve the property.

(3) Notify the public agency in writing that he or she is unable to retrieve the property, because he or she is in custody, and request the public agency to hold the property. If a person notifies the public agency that he or she is unable to retrieve the property within 60 days, or have an authorized person retrieve the property, the public agency shall hold the property for not longer than 10 additional months.

(d) As used in this section, "public agency" means any state agency, any city, county, city and county, special district, or other political subdivision.