Policy Text
Field & Investigative Services Page 1 of 3 5/15 (new 1/16)
OPERATIONS ORDER
Processing Property
The purpose of this Operations Or der is to establish policy and procedures for
processing property obtained from locations where persons have camped, stayed, or
left property subject to seizure. I. Policy
The Sacramento County Sheriff’ s Department (Department) will pr ocess property
obtained from locations where pers ons have camped, stayed, or l eft property
subject to seizure, in accordanc e with applicable stipulated ag reements, State
and Federal law.
II. Procedures
A. Items of food and items that are perishable, contraband, wea pons, too
dirty to store, pest infested, not serviceable, trash or presen t a health
hazard will be safely discarded or booked as may be appropriate .
B. The Department will st ore items of possible value for ninety (90) days.
1. If the property remains in the Department’s possession and t he
owner is unavailable to claim the property when the 90 days
expires due to incarceration or for medical reasons, the Depart ment
will extend the stor age period subject to the following terms:
a. The property owner must notif y the Department, in writing, o f
their unavailability prior to the 90th day.
b. The unavailability must be ve rifiable, for example, through
custody records or confirma tion from a medical facility
(which may require a signed medical release).
c. Under no circumstance will th e Department store property
for longer than 120 total days.
d. The Department will release t he property to a third-party of
the owner’s choice upon receip t of a notarized letter from the
property owner authorizing release. The third-party must be able to identify themse lves and the property.
Field & Investigative Services Page 2 of 3 5/15 (new 1/16) 2. The Department will make good fa ith effort to store the prop erty at
a centrally located facility within the County.
3. At the conclusion of the st orage period, the Department will safely
discard the property.
C. Before the Department seizes any item from a location where the property
owner has camped or stayed it will post notices advising the fo llowing:
1. The property will be removed no sooner than 48 hours from th e
date and time of the posting of the notice.
2. The address and phone number where the pr operty will be stor ed.
3. The procedures by which t he property may be reclaimed.
4. The Department should use the notices included as Appendix A
and Appendix B to this Order.
D. The Department may seize per sonal property from public areas such as
parks, sidewalks, streets, etc . without prior notice under the following
conditions:
1. When there is an objectively reasonable belief that the pers onal
property is:
a. Abandoned; b. Presents an immediate thr eat to public health or safety;
c. Is evidence of a crime or contraband.
2. Items of food and items that are perishable, contraband, wea pons,
too dirty to store, pest infested, not serviceable, trash or pr esent a
health hazard will be safely dis carded or booked as may be
appropriate.
a. All other property will be st ored pursuant to section II.B, above.
3. For property that is stored , the Department will leave a not ice in a
prominent place that will advis e where the property is being ke pt
temporarily and when it may be claimed by the rightful owner.
a. The Department should use the notice included as Appendix C
to this Order.
4. When personal property stored in a public area does not meet the
criteria for removal in secti on D.1 above, the Department may
ensure pedestrian and/or vehicula r traffic flow is not impeded but
will post the property for at leas t 24 hours before collecting it.
Field & Investigative Services Page 3 of 3 5/15 (new 1/16) a. The Department should use the notice included as Appendix C
to this Order.
b. If collected, the personal pr operty will be st ored pursuant to
Section II.B, above.
References : Anthony Lehr et. Al. v. City of Sacramento et. Al . 2:07-CV-01565 MCE
GGH; Lavan v. City of Los Angeles , (9th Cir. 2012) 693 F.3d 1022.
Appendices : Appendix A - Notice to Vacate Ca mpsite - first camp posting
Appendix B - Notice to Vacate C ampsite - second camp posting
Appendix C - Notice that Pr operty Has Been Collected