Property and Evidence Bureau

The Property and Evidence Bureau strives to maintain evidence in the same condition as received and to preserve the integrity of the evidence being held for court exhibits.  Reasonable effort will be made to return found property and evidence that has been authorized for release, to the rightful owner.  Disposal of evidence will be handled according to applicable law.  Property & Evidence Technicians will protect and safeguard all evidence under their control. 

Contact and Hours

Property and Evidence Bureau

8400 Laguna Palms Way

Elk Grove, CA 95758

Phone: (916) 478-8180

Fax: (916) 627-4180

 

Property is returned by appointment only during the following hours:

Monday: 1:00 p.m. – 3:30 p.m.

Tuesday through Friday: 10:00 a.m. – 3:30 p.m.

 

Property is released to the rightful owner or their designee with proper authorization and a valid government issued photo identification (such as a driver’s license, ID card or passport).
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Lost or stolen property

If your property has been lost or stolen, you should file a report as soon as possible.  Please be as descriptive as possible and include any serial numbers or owner applied numbers on the item(s).  You may call the non-emergency dispatch at (916)-714-5115 or you may file a report online at http://www.elkgrovepd.org/online_reporting

To claim property (not firearms):

Found Property

Found property is non-evidentiary property, which, after coming into the custody of a law enforcement agency, has been determined to be lost or abandoned and is not known or suspected to be connected with any criminal offense.

Found property is held for a period of 90 days while personnel attempt to identify and notify owners. If unclaimed, the property is disposed of per department policy in accordance with California law. The finder of any property/cash that is not claimed within those 90 days can apply to claim the property/cash if they so wish. Information on how to do this is available by calling 916-478-8180. Found weapons and contraband cannot be claimed.

Safekeeping 

Safekeeping property is non-evidentiary property that is placed in the custody of a law enforcement agency for temporary protection on behalf of the owner. Safekeeping property is held for a period of 60 days. If the owner is incarcerated, they must make arrangements to have the property picked up within the 60 day period, or must request in writing that the property be held up to an additional 10 months. Safekeeping property not retrieved within this time period will be disposed of per departmental policy in accordance with California law.

Evidence

Evidence is any property that may be related to a crime, which may implicate or clear a person of a crime.

Items held as evidence are usually retained until the prosecution of the criminal case has been concluded on all parties involved in the case. Approval may be required from both the Sacramento County District Attorney’s Office and the police detective assigned to the case before property can be released. Cases involving an active asset forfeiture proceeding may extend the hold time.

If you have questions about a criminal case or need to know the current status, please contact the Sacramento County District Attorney’s Office at (916) 874-6218. For questions about an asset forfeiture case please call the Sacramento District Attorney’s Asset forfeiture Unit at (916) 874-5893.

Firearms

Subject to notice below, a person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by the Department of Justice as to whether he or she is eligible to possess a firearm (PC33850).  Prior to the return of any firearm to its owner, the individual seeking the return of the firearm must submit a Law Enforcement Gun Release Application to the Department of Justice.  The application is available at www.oag.ca.gov/firearms.  It may take up to 30 days to process the application.  If the firearm is evidence in a criminal case, the detective shall have final authorization of the disposition of the firearm.  If firearms are not claimed within 180 days of notification that the firearm is available for return the law enforcement agency may dispose of the firearm (PC 33875).

Reminder:  Effective January 1, 2017, “Bullet Button” Firearms are Considered Assault Weapons

Pursuant to Assembly Bill 1135 (Stats. 2016, ch. 40) and Senate Bill 880 (Stats. 2016, ch. 48) effective January 1, 2017, the definition of assault weapon is revised.

These bills require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Penal Code section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted by the DOJ.

For more information go to https://oag.ca.gov/firearms

Mental Health Incidents – Notice of Rights Welfare & Institutions Code 8102, et seq.

Upon the release of a person who has been detained or apprehended for examination of his or her mental condition,  the law enforcement agency that has confiscated any firearm or other deadly weapon from that person shall have 30 days to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her right to a hearing on this issue.  The law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition.  Including any extension of time granted in response to an ex parte request, a petition shall be filed within 60 days of the release of the person from a health facility.  A request for a hearing on the petition must be made to the court clerk within 30 days.  Failure to respond will result in a default order forfeiting the confiscated firearm or weapon. The court clerk shall set a hearing, no later than 30 days from receipt of the request and notify the person and the district attorney of the date, time, and place of the hearing.  If, after a hearing, the court determines that the return of the firearm or other deadly weapon would likely endanger the person or others, the law enforcement agency may destroy the firearm within 180 days from the date that the court makes that determination, unless the person contacts the law enforcement agency to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code. If the law enforcement agency does not initiate proceedings, the weapon shall be available for return upon compliance with all applicable requirements, including the requirements specified in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code.

Domestic Violence Incidents – Notice of Rights Penal Code Section 18250. et seq.

Unless the items confiscated from you are to be used as evidence in any criminal procedure, the firearm(s) shall be made available to you from the law enforcement agency five (5) business days after the seizure or as soon thereafter as possible.  If, within this time, the law enforcement agency believes the return of these items will likely result in endangering the victim or person reporting the assault, or threat, you will be advised, and within 60 – 90 days of the seizure a petition will be initiated in Superior Court to determine if these items should be returned.

FREQUENTLY ASKED QUESTIONS

Can I claim property on behalf of someone?

Parents or verified legal guardians may claim property on behalf of a juvenile. If you are claiming on behalf of an adult you may do so with verified written and signed authorization naming the authorized individual, along with a photocopy of a valid government issued photo ID of the owner. Items of greater value may require a notarized authorization or Power of Attorney.

What recourse do citizens have if property has been wrongly released or destroyed?

Citizens may file a claim with the City of Elk Grove. Claim forms can be obtained from the City Clerk’s Office at 8401 Laguna Palms Way, Elk Grove, CA 95758. You may also call the City Clerk's office at (916) 478-3635 to request a claim form be mailed to you.

Does the Elk Grove Police Department auction their unclaimed property?

Yes. All auction items are handled through California Auction Company http://www.calauctioncompany.com/. The California Auction Company is a Northern California company that deals in auction services and they administer auctions throughout the State of California.