Police Department Policy

57-01.0 (REV 2-96)_PROCESSING CLEARANCES_825-12262019

Sacramento County Sheriff

Policy Text
Property Bureau Page 1 of 4 57/01.0 (REV 2/96) PROCESSING CLEARANCES The purpose of this order is to d escribe the procedures to be u sed to process written clearances received from the District Attorney’s Office, the Sa cramento Municipal and Superior courts, the State Atto rney General, the US Attorney, o r the Sheriff’s Detective Division. It also will describe t he procedures used when cleara nces are initiated by the Property Bureau. I. General A. Clearances received from ot her agencies or the Detective Div ision. 1. When the DA’s Office, the State Attorney General, or the US Attorney file on a report, it is their responsibility to advise the Property Bureau when the case has been adjudicated. 2. If a report is not filed, it i s the responsibility of the ap propriate Detective bureau to advise t he Property Bureau and indicate whether the case has been cleared by an excepti onal clearance o r is pending further investigation. 3. All court orders, clearances, partial clearances, or case st atus advisements shall be submitted to the Property Bureau in writin g. No release shall occur until the written release is in the poss ession of the Property Bureau. B. Processing Clearances 1. When a clearance is received , the property receipt/report wi ll be pulled. a. Verify the suspect(s) nam e and the report n umber on both the clearance and the pr operty receipt/report. b. A full clearance must include a ll of the suspects involved i n the case. 2. Review the report and determi ne if any additional releases a re required. Property Bureau Page 2 of 4 57/01.0 (REV 2/96) a. Property taken on a search w arrant requires a court order fo r a release prior to adjudicatio n and either a court order or a signed “Return of Search Warr ant” after adjudication. b. Verify that any court orders attached to the case specify th e item(s) to be released. c. Homicide, missing persons, and suicide reports require, in addition to any other release, w ritten release authorization from the Homicide Bureau. 3. If additional release authoriz ations are required, indicate the type of release needed on the property r eceipt/report and to whom it should be sent, and submit the re port to clerical personnel for processing. Note : The Property transportation officer may obtain a homicide release authorization di rectly from the Homicide Burea u. 4. Partial clearances on cases that meet all of the release cri teria (refer to Operations Order 57/00. 0) will be processed immediate ly. a. Place a request for a letter on the property receipt/report indicating the name and addres s of the owner and submit the report to clerical personnel for processing. 5. Cases that meet all of the rel ease criteria (refer to Operat ions Order 57/00.0) and are now ready for comp lete disposal shall be revie wed thoroughly. a. Each item of property will be evaluated and a determination made as to the appropriate metho d of disposal (refer to Operations Orders 58/ 00.0 through 58/08.0). b. A notation will be made in the remarks column of the property receipt/report indica ting the correct method of disposal; i.e., “narc” confiscate , owner (include name), etc. c. If there is insufficien t information on the property receipt/report to determine t he method of disposal or ownership, a copy of the crime report shall be ordered from Records. 6. On property receipt/reports that contain a large number of recovered stolen items, contact the detective assigned to that case and request further information as to the identity of the owner s. Property Bureau Page 3 of 4 57/01.0 (REV 2/96) 7. The following procedures apply after a case has been thoroug hly evaluated and the appropriate met hod of disposal determined: a. Complete a yellow tickler c ard if there are controlled substances to be destroyed. b. Complete a green tickler card if there is money to be sent t o the County. c. Complete a white tickler card if there is a specific time fr ame to be in compliance. d. Indicate on the property rec eipt/report wha t letters need to be sent (include name and addr ess for each letter) and submit the report to the cleric al personnel for completion. 8. Property receipt/reports that require no specialized process ing prior to disposal are filed in the “dis posal file drawer.” This file is routinely purged; pulling the property fro m the shelves and completing th e actual disposal procedures (re fer to Operations Orders 58/00.0 through 58/00.0). II. Statute of Limitation Clearances A. When there is no arrest on a case or if the clearance inform ation on a case is not sent to the Property B ureau, the property on that p roperty receipt/report must be held until t he statute of limitations fo r that crime has expired. B. Routinely, the property receip t/reports in the active file s ystem shall be reviewed. The reports that are past the appropriate statute of limitation (refer to Operations

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