Police Department Policy

OAKLAND_J-01_-_Recovered_Bicycles_405

Oakland PD

Policy Text
Ref: CALEA Standards 84.1.1; 84.1.3; 84.1.7 DEPARTMENTAL GENERAL ORDER J-1 Rev. 6 Aug 99 Index as: Bicycles Recovered Bicycles Page 1 of 3 RECOVERED BICYCLES The purpose of this order is to set forth procedures personnel shall follow when they take bicycles into custody for safekeeping or evidence, or recover lost or stolen bicycles. Vehicle Code Section 39000 defines bicycles. I. REPORTING PROCEDURES A. A member or employee who recovers a lo st or stolen bicycle, or who recovers one as evidence or for safekeeping, shall complete the appropriate report. 1. If the recovered bicycle is deliver ed directly to the owner, the member/employee shall include the name, address and telephone number of the owner in the report. 2. If a bicycle is transported to a firehouse, the number and location of the firehouse shall be recorded on the report. 3. If a bicycle is transported to the Bicycle Unit or the Transportation Section bicycle storage room, the member/ employee shall include the receiving unit on the report. B. If an arrested person has possession of a bicycle that is not connected with the offense, the arresting offi cer shall attempt to get the arrestee’s permission to release it to a respo nsible person. If such arrangements cannot be made, the officer shall take the bicycle in for safekeeping, note that information on the arrest and offense reports, and order an extra copy of the report package for the Bicycle Unit. II. DELIVERY OF BICYCLE A. Recovered, lost or stolen bicycles or bicycles taken in for safekeeping shall be transported to one of the firehouses designated in Report DEPARTMENTAL GENERAL ORDER J-1 Rev. 6 Aug 99 OAKLAND POLICE DEPARTMENT Writing Manual Insert T-3, RECOVERED BICYCLES, or to the Transportation Section bicycle storage room, whichever is more convenient for the transporting officer. 1. When a bicycle is taken to a firehouse, the member/employee shall: a. Complete the Bicycle Delivery receipt (536-590) supplied by the firehouse, record the number and location of the firehouse, include a complete description of the bicycle, its condition, and all numbers stamped or imprinted on it. If the bicycle is delivered for safekeeping, include this fact, along with the name of the arrestee and the charge. b. Sign the receipt and have the receiving firefighter sign. c. Give the firefighter the yellow copy of the receipt and forward the white copy to the Bicycle Unit. Tie the card copy to the bicycle handlebars. 2. When a bicycle is placed in the bicycle storage room, the member/employee shall complete a Bicycle Delivery Receipt, attach the card copy to the bicycle, and forward the white copy to the Bicycle Unit. B. When a bicycle is recovered as evidence and has been used in the commission of any crime except bicycle theft, it shall be transported to the Transportation Section bicycle storage room, where the transporting officer shall complete a Bicycle Delivery Receipt. The hard copy of the Bicycle Delivery Receipt shall be attached to the bicycle and the white copy shall be forwarded to the Bicycle Unit. III. DISPOSAL OF BICYCLES A. Bicycle: Taken as Evidence – Case Charged 1. The investigating officer shall release a bicycle held as evidence to the identified owner and shall forward a Property Release form (TF-787) to the Bicycle Unit. Page 2 of 3 DEPARTMENTAL GENERAL ORDER J-1 Rev. 6 Aug 99 OAKLAND POLICE DEPARTMENT a. Concurrent approval from the Juvenile Probation Department (JPD) is required to release a bicycle taken from a juvenile suspect. b. Concurrent approval from the assigned prosecutor is required to release a bicycle taken from an adult suspect. 2. If the JPD or prosecutor does not agree to release a bicycle, it shall be disposed of as the JPD or the court directs following adjudication of the case. 3. If the owner cannot be identified, the bicycle shall be disposed of in accordance with Part III, B when the case is adjudicated or sooner, if the JPD or prosecutor concurs. B. Bicycle: Found, Recovered or in Safekeeping Bicycle: Taken as Evidence – Case Not Charged. 1. The investigator shall release the bicycle to the identified owner, document the release on a Property Release form, and forward it to the Bicycle Unit. NOTE: In the case of recovered bicycles, if the suspected perpetrator claims to be the owner, the bicycle shall be disposed of in accordance with Penal Code Section 1413. 2. If the owner cannot be identified or does not come forward to claim the bicycle, it shall be held for 90 days. The bicycles shall be transferred to the Office of Parks and Recreation, Oakland Police Activities League or Juvenile Victims of Bicycle Theft in accordance with City Council Ordinance No. 9987 C.M.S. of the City of Oakland (14 Oct 80). By order of Richard L. Word Chief of Police GO43/J-1 Page 3 of 3

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