Policy Text
University of California, San Francisco
Police Department General Orders
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9.6 Release and Final Disposition of Property and Evidence
9.6.1 Release of Property and Evidence (Revised: 5/10/23 )
Evidence and Records Technicians will release all items from the Evidence Room.
A. Rightful Owner
1. Property may be released to the rightful owner once all police use of the property
is satisfied and an Evidence and Records Technician has authorized its release.
2. In every case, the Evidence and Records Technicians releasing property will make
every reasonable effort to verify rightful own ership of the property and the
identity of the person to whom it is being released.
3. In every case, the person to whom the prop erty is released will sign the Property
Receipt, indicating he/she received the property from the Police Department. In
addition, the person receiving the property will provide picture ID , whenever
possible , and a photocopy of the ID will be kept with the file.
4. Weapons ta ken as evidence, found property or for safekeepin g will be released,
disposed of or retained for Departmental use , according to the provisions of this
order and state and federal law.
5. Once an item has been cleared for release by the Evidence and Records
Technician and legal requirements have been met, the Evidence and Records
Technicians will make every reasonable effort to contact the owner and inform
the owner of when and where the pr operty may be claimed.
6. The Evidence and Records Technicians will send a certified letter to the last
known address of the owner or the address listed by the DMV. The letter wi ll
inform the owner when, where and how to claim the property.
7. If the owner cannot be located or fails to claim the property after a period of 90
days, the property will be considered unclaimed and disposed of according to
9.6.2, “Disposition of Property and Evidence.”
B. Used Merchandise Dealer or Pawnbroker
All property seize d from a used merchandise dealer or pawnbroker under the authority of
State and Local statutes shall be confiscated as evidence and held as such until the case is
resolved. The seizing officer shall give the used merchandise dealer a receipt listing all
property taken into evidence. The investigating officer may place a 90 day hold on
suspected stolen property , pursuant to Califor nia Business & Professions Code §
21647(a).
1. Should the disposition of the property not be decided at trial, the Police
Departm ent shall either return the property to the used merchandise dealer or, in
accordance with administrative rules, conduct an administrative hearing to
determine ownership if rightful ownership is still disputed.
University of California, San Francisco
Police Department General Orders
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C. Release to Finder
Property other than w eapons or contraband may be released to the finder pursuant to
California Civil Code § 2080 .3.
D. Contraband/Forfeited Property
Property that is forfeited to the Police Department pursuant to civil forfeiture
proceedings, municipal ordinance or other st ate statute will not be released to its owner or
finder. Contraband will be handled the same as forfeited property and shall be disposed in
accordance with state and local statutes.
E. Evidence
Evidence will not be released until cleared for release by the investigating officer and/or a
review of case by the District Attorney pursuant to state and local statutes.
F. Weapons and Firearms
Weapons held as evidence may only be released after the court disposition and with
permission of the inves tigating officer or the District Attorney. The Evidence and
Records Technician will run the firearm by serial number through NCIC to ensure it is
not stolen prior to release to the rightful owner. This will be documented on the case
report. The Evidence an d Records Technician will ensure the firearm is safe and the
barrel is clear and unobstructed prior to the releasing the firearm and document the same
on the case report. If the weapon is a firearm, the Evidence and Records Technician will
check the owner through the CLETS and NCIC systems for the following: a felony
record as outlined in PC § 12021; a restraining/stalking order, a domestic violence
conviction, a warrant, probationary status or a prior commitment to the Mental Health
and Developmental Disab ility Services, as outlined in California Welfare & Institutions
(W&I) Code § 8102.
1. If the owner has a felony record as outlined in PC § 12021, the firearm cannot be
released to him/her. If the owner has a restraining/stalking order or has been
convicte d of domestic violence as outlined in the Federal Law Omnibus
Consolidated Appropriations Act of 1997, the firearm cannot be released to the
owner. If the owner is on probation, the owner’s probation officer must be
contacted to determine if the condition of his/her probation allows weapons. If
not, the weapon will not be released to the owner.
2. If the owner c annot receive the firearm by law, the owner will be notified in
writing by the Evidence and Records Technician that he/she is restricted under
law from firearms possession and the firearm will not be released to him/her .
3. In every case, the Evidence and Records Technician will make every reasonable
effort to verify proper ownership of the weapon and the identity of the person to
whom the weapon is being released.
4. In every case, the person receiving the weapon will sign the Property Receipt,
indicating the weapon was released to that person. In