Policy Text
Ref: CALEA
Standard N/A
DEPARTMENTAL
GENERAL ORDER M-10 Rev.
6 Nov 01
Index as: Recovery of Stolen Property from
Secondhand Dealers and Pawnbrokers
Secondhand Dealers and Pawnbrokers
in Possession of Stolen Property
Page 1 of 4
RECOVERY OF STOLEN PROPERTY FROM
SECONDHAND DEALERS AND PAWNBROKERS
The purpose of this order is to set forth polic y and procedures for r ecovering, holding, and
releasing property, wh ether or not reported stolen, th at is found in the custody of
secondhand dealers or pawnbrokers.
I. SECONDHAND DEALERS AND PAWNBROKERS
A. Secondhand Dealer: Any person, co-partnership , firm or corporation whose
business is buying, selling, trading, accepting for sale or consignment,
accepting for auction, or auctioning secondhand personal property, whether
as a separate business or in c onnection with any other business.
B. Pawnbroker: Any person, firm or corporation who is engaged in the
business of receiving goods in pledge for a loan (taking in pawn). A
pawnbroker may also engage in any secondhand dealer transaction as
described above.
C. Permits: All secondhand dealers and pawn brokers are required to obtain
special activity permits from the City of Oakland and the Oakland Police
Department Inspectional Services Unit (ISU).
II. HOLDING/RECOVERING PROPERTY
A. Members shall not seize/recover property, even if "in public view" without a search warrant.
B. In order to determine whether or not property in the possession of a
secondhand dealer or pawnbr oker is stolen, a member can develop probable
cause that property is st olen by using such factors as prior police reports,
receipts, serial numbers, owner ID, or the unique nature or design of the
property.
DEPARTMENTAL GENERAL ORDER M-10 Rev.
OAKLAND POLICE DEPARTMENT 6 Nov 01
C. If probable cause can be deve loped that property is st olen, the member shall:
1. Complete a Property Hold (TF-1062) a nd attach Part 2 (card) to the
subject property.
2. Submit Part 1 (white) of the Prope rty Hold with a Crime Report
(536-933) to the ISU.
3. If a pawnbroker, ensure that a "Pol ice Hold" notation is made in the
pawnshop inventory sheet, record, log, computer, or database.
4. Advise and instruct the bus iness owner/manager that:
a. The police hold is for 90 days and that the follow-up investigator may extend the hol d for an additional 90 days.
b. The subject property cannot be disposed of until a Property
Hold Release Authorization (TF -3161) is received from a
follow-up investigator and a 60 day notice period has elapsed
[21647(c)(3) B&P].
D. If the property was previously reported stolen in Oakland, complete and
submit an Additional Information Repo rt (536-937), routing a copy to the
ISU. Include the date of original report and/or RD Number, if known.
E. If the property was reported stolen in a nother jurisdiction, the member shall
complete and route an Outside Agency Report (TF-757) to the appropriate investigating unit of the initial reporti ng agency with a copy of the Outside
Agency Report and the Property Ho ld to the ISU for follow-up and
inter-agency coordination.
F. Any property recovered pursuant to a sear ch warrant shall be deposited in the
Property and Evidence Unit in accordan ce with Departmental procedures.
III. RELEASING RECOVERED PROPERTY
A. Property seized pursuant to a search warrant and entered as evidence in a
court in a criminal case is genera lly disposed of by a magistrate.
B. All property seized with a search warra nt is reviewed and disposed of by a
magistrate pursuant to Penal Code (PC) Sections 1407-1413.
1. If the matter never comes to tria l, the investigator shall:
Page 2 of 4
DEPARTMENTAL GENERAL ORDER M-10 Rev.
OAKLAND POLICE DEPARTMENT 6 Nov 01
a. Petition the court for the releas e of the property pursuant to
Section 1409 PC.
b. Make notification for the magistrate to the victim, pawnbroker, secondhand dealer and other parties expressing
ownership in the property.
c. Issue a Property Hold Releas e Authorization in accordance
with the order of the magistrate once the court has adjudicated any claims of ownership to the property.
d. Advise the owner that the Bu siness & Prof essions Code
Section 21647(c)(2) does not requi re nor prohibit the payment
of a fee or any other condition in return for the surrender of the property.
2. If it is determined that the victim does not desire prosecution, the
investigator shall: a. Delete the property from AFS/ APS or place an extension on
the hold (if needed) within 30 days [21647(f) B&P].
b. Release the hold on the property.
1) Issue a Property Hold Rele ase Authorization to the
property owner with the na me and address of the
secondhand dealer or pawnbr oker holding the property.
2) Advise the property owne r that the Business &
Professions Code Section 21 647(c)(2) requires that the
person reimburse “out of pocke t” expenses paid