97-04 RECEIPT FOR SEIZED PROPERTY AND NOTICE FOR RETRIEVING PROPERTY

Unit Order:  97-04

Subject:       RECEIPT FOR SEIZED PROPERTY AND NOTICE FOR RETRIEVING PROPERTY

PURPOSE

In a recent court ruling, (Perkins vs. City of West Covina), the court ruled constitutional due process requires that notice be provided whenever property is seized pursuant to a search warrant.  This notice shall provide sufficient information to enable the property owner to seek a court order for the return of the seized property.  This notice shall be left at the premises where the seizure occurred along with a receipt for the property seized.

GUIDELINES

A Receipt for Seized Property and Notice for Retrieving Property (SH-R-460) form has been developed to include the information needed for a person to claim their property along with a receipt for the property seized.  This can be done on one form.  The Seized Property Continuation form is to be used when seized items are too numerous to list in the space provided on the Receipt for Seized Property and Notice for Retrieving Property form (see attached forms). 

When TRAP personnel serve a search warrant, or are involved in an operation where property is seized, the Receipt for Seized Property and Notice for Retrieving Property form shall be used.  A copy of the completed receipt shall be left at the location where the seizure occurred.  The original receipt and continuation (if used) shall be placed within the investigator’s case file and a copy will be attached to the report.

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MARTIN L. RODRIGUEZ, CAPTAIN

PROJECT DIRECTOR