Property and Evidence

Property and Evidence (714)593-4473

Property is released by appointment

Tuesday to Friday 0700 A.M. – 4:00 P.M.

*Hours for release are subject to change*

The Property and Evidence Unit receives stores, retrieves, dispenses, and disposes all evidence, found property, and property held for safekeeping. The Property and Evidence Officer maintains the chain of custody of evidence to ensure the integrity for criminal prosecutions. This includes maintaining detailed inventory, logs, and disposition records.

Annually, the Property Unit processes 5,000 incoming pieces of property and evidence. These incoming items include found property, safekeeping, and evidence items.

GENERAL INFORMATION ON HOW TO CLAIM YOUR PROPERTY

FOUND PROPERTY:

Finders wanting to claim the items will need to complete a Finder Affidavit. Contact the Property Division for this form. At the end of the (90) day period, you will be notified of how to obtain the property. Newspaper ad fees may be applicable to the finder. Weapons and contrabands will not be released.

SAFEKEEPING:

Property will be held for safekeeping for a period of (60) days. Any unclaimed or abandoned property will be disposed of in accordance with Civil Code Section 2080.10. All perishables and open containers of alcohol will be destroyed at intake. If items are to be released to a representative, the representative will need written authorization from the owner.

EVIDENCE:

Items submitted as evidence will only be released if the assigned detective authorizes the release in writing or you present a court order for the release of the items. Most evidence will be available (60) days after court adjudication of the case.

RECOVERED PROPERTY (Stolen or embezzled):

Property has been taken from you which is allegedly stolen or embezzled. Per Penal Code 1413, you have (15) days from the date of this receipt to assert any claim to the property in writing to the assigned detective. If a claim of ownership is made, you will be notified by mail of that claim and will have (15) days from the date of the notice to be heard. If you do not respond within the allotted (15) days, you will have given up your right to claim this property. Property may be released to the true owner with satisfactory proof of ownership. If you choose to waive your rights, such action may not be held against you in any criminal proceeding.

WEAPONS HELD (Per WIC 8102/5150):

Weapons seized pursuant to either of these sections will be held for a minimum of (30) days. If the Fountain Valley Police Department has requested a court hearing regarding the weapon(s), you will receive information in the mail regarding the petitioning of the hearing. If the court orders the weapon(s) returned, they will issue you a court order to retrieve the weapon(s), subject to conditions of PC 33850.

DOMESTIC VIOLENCE (Per Domestic Violence PC 18265 or PC 6389)

Weapon(s) which have been seized pursuant to Penal Code 18265 will be held for a minimum of 48 hours as required by law. After 48 hours, you may contact the Property Officer for further information. If firearms were seized, you will be subject to a background check though Department of Justice for any firearm restrictions prior to their release. This agency may initiate a petition for a hearing with the Superior Court to determine if the weapon(s) should be returned. You have a right to be heard on this issue and have (30) days to respond to the Court Clerk to confirm the desire for a hearing. Unless individual arrangements were made with the Property Officer, items not claimed within 180 days will be destroyed without further notice, in accordance with the law.

FIREARMS

Prior to any firearms being released by the Fountain Valley Police Department, the registered owner of the firearm must present a valid Law Enforcement Release (LER) letter. This letter will only be accepted for firearms being held for safekeeping or on adjudicated cases. This letter is obtained by submitting an application to the California Department of Justice. The Department of Justice will determine if the firearm may be returned and will notify you of their decision by mail. If the application is approved, the approval letter will have a gold seal. This letter is only valid for (30) days from the date on the letter.

For more information regarding the LER, please visit https://oag.ca.gov/firearms/lerinfo

The LER application can be completed at: https://cfars.doj.ca.gov/login

A confiscated firearm that is no longer needed for a criminal action, unclaimed, or abandoned shall be sold or destroyed after 180 days (Pen. Code, §§ 33875, 34000) unless you contact the law enforcement agency to facilitate the sale or transfer of the firearm to a license dealer pursuant to section 33870 of the Penal Code.

Pursuant to Penal Code Section 33880, a local law enforcement agency may charge a storage fee for firearms.