TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
PROPERTY RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Centralized Filing System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Property Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Records Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PROPERTY STORAGE FACILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Volume and Type of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Temporary Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PROPERTY OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
AUDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
DISPOSITION OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Return to Owner or Finder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Destruction of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PROPERTY CONTROL POLICY AND PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
MARKING AND PACKAGING PROPERTY AND EVIDENCE . . . . . . . . . . . . . . . . . . . . . . 10
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
Model Property & Evidence Policy

INTRODUCTION
The property and evidence function is an integral and essential part of every law
enforcement agency. Every day, police officers come into custody of lost or stolen property,
contraband, and any manner of evidence. The law enforcement agency is charged with
establishing a system for the secure and efficient classification, inventory, retrieval, and
disposition of these items. To accomplish this goal, the law enforcement agency must
specifically:
-

Establish a system of documentation to track property from its receipt to its
eventual disposition.

-

Establish a secure and orderly storage facility to meet the needs of the particular
agency.

-

Establish a property officer to be responsible for the department's property and
evidence function.

-

Provide for periodic and special audits of the contents of the property storage
facility to insure continuing accuracy.

-

Provide for the proper and timely disposition of property and evidence.

-

Provide policy, training and adequate supplies for the consistent marking and
packaging of property.

-

Establish a written uniform policy and procedure to be followed by police officers
in all aspects of property handling.

This chapter will discuss each of the above and provide direction with relevant
references. For clarity sake, the term "property" shall be used to refer to both evidence per se and
all other property taken into police custody, unless otherwise indicated.

i

PROPERTY RECORDS
The maintenance of an orderly, accurate and contemporary record system is essential to
the overall property function. The property record system should include a centralized filing
system and a system of property reports and receipts to record the details of each property
transaction. These records serve several purposes:
-

Inventory of items in custody;

-

Inventory of items that have been disposed of and released from custody or
destroyed;

-

Chronological record of the chain of custody of each item.

In addition, the records of a property transaction may in fact become evidence themselves
to verify or dispute some fact about that item of property.
The maintenance of the property records should be assigned to the designated property
officer to insure that the type and manner of entries are consistent.
Centralized Filing System. Each law enforcement agency must have a centralized filing
system which contains information on all property which is taken into police custody. This
single source filing system provides consistency and uniformity to the overall property records
system. Any inquiry about property should begin at the centralized filing system, where
sufficient references will identify the appropriate detailed records.
There are several important principals to be followed in maintaining a centralized filing
system. These principals apply whether the centralized record in a bound log book or a
computerized data base.
First, the data must be permanent. It must be maintained for a considerable period, and
the individual records may have data added, but not deleted. This permanence is available in
both a log book and in an electronic data base.
Second, the centralized filing system must be secure against damage, destruction or theft.
Here, the electronic system provides more simplicity through data backup with off-site storage.
A log book would require either secure containment, such as a fireproof safe, or frequent
photocopying with off-site storage.
Third, the centralized filing system must be accessible for all authorized personnel.
Access for entering data should be limited to the designated property officer. However, other
officers must often track or locate property in the absence of the property officer, and therefore
must be able to review the centralized record. This is easier with a log book, since a
1

computerized system requires the officer to have a working knowledge of the system.
The centralized file should contain the following information for all property in police
custody:
1.

An identification number unique to the property.

2.

Description of each item of the property, including particular identifiers such as
make and model and unique identifiers such as serial number and owner applied
number.

3.

Name of person(s) to whom property is related (defendant, owner, finder).

4.

Date that each item came into police custody.

5.

Identity of officer who took custody of property (name, initials, badge or
employee number).

6.

Location where each item is stored.

7.

Date that each item was entered into storage.

8.

Identity of officer who entered property into storage.

9.

Date of each time that item was removed from storage or police custody.

10.

Identity of officer who removed item from storage or police custody each time it
was removed.

11.

Reason the item was removed (e.g. trial or lab) for each time it was removed.

12.

Date of final disposition of each item.

13.

Manner of disposition (returned to owner, destroyed, turned over to another
agency, etc.).

14.

Identity of officer responsible for authorizing final disposition.

15.

Identity of officer responsible for carrying out final disposition.

Property Reports. In addition to the centralized filing system, the law enforcement
agency must have reports to collect the detailed information for all property on a case specific
basis. Most agencies currently use some form of a property/vehicle report based on the LEIRS
2

system. Each agency should carefully review its form to determine if improvements can be
made.
Property reports should include, at a minimum, the following information:
1.

Incident report number.

2.

File number.

3.

Date property is received, confiscated, turned into headquarters, etc.

4.

Date of the loss or theft of property.

5.

Indication whether the property is stolen, lost, found, seized as evidence,
recovered or held for safekeeping.

6.

Storage location.

7.

Name, address, and phone number of the person who found the property or was in
possession of the property.

8.

Owner's name, address and phone number (if the owner of the property is different
from the person listed above).

9.

Location where property was recovered, found or confiscated.

10.

Item number and full description of each item, including:
a.

Make, model, serial number and owner applied number.

b.

Quantity (estimate if necessary).

c.

Value (estimate if necessary).

d.

Vehicle make, model, year, body type, color, registration number and
state, and vehicle identification number (VIN).

11.

Signature of person completing the report.

12.

Chain of custody record. The following entries should be made each time
property is transferred from one person to another:
a.

Item number.
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b.

Date the property is being transferred from one person to another.

c.

The printed name and signature of the person relinquishing custody of the
property.

d.

The printed name and signature of the person receiving the property.

e.

The specific purpose of the change of custody, such as "Court," "Returned
to Owner," etc.

In cases with many transfers of custody of an item, it may be necessary to attach a chain
of custody continuation page to the property report. Each item listed above should be reflected
on this chain of custody continuation page.
Many departments use multi-part forms which are separated soon after the preliminary
information is entered. It is essential that all later entries are consistently made on one part of the
form. Photocopies can be made of the new, updated property report and distributed as necessary.
The dated entry will allow the reader to identify the most recent update.
Model Property Description Report (Short Form), Property Description Report (Long
Form), Chain of Custody continuation page, and Victim Property Loss Report are found in the
model Property S.O.P in Appendix A. These forms were developed by the Division of Criminal
Justice Police Bureau's Police Data Processing Project. The purpose of these forms is to combine
the thorough collection of information and efficient entry of information into an electronic
database.
Records Retention. Records retention requirements promulgated by the New Jersey
Department of State, Division of Archives and Records Management are found in the New Jersey
Records Manual (March, 1986). A second reference for records retention is the New Jersey
Prosecutor's Manual (October, 1988 Revision) published by the New Jersey County Prosecutors
Association.

PROPERTY STORAGE FACILITY
The law enforcement agency must provide adequate space to organize and maintain a
property vault which will facilitate the storage, auditing and retrieval of property and evidence.
In addition, the storage facility must provide adequate security and control.
The design of a property vault will be unique for every law enforcement agency. The
three primary considerations are the volume and type of property held, the overall security of the
agency facility, and the total available space.

4

Volume and Type of Property. In designing a property vault, the total volume of property
to be stored should be forecasted as far as possible into the future. In addition, the various types
of property to be stored should be reviewed. This includes, but is not limited to: weapons,
ammunition, volatile or toxic substances, perishable items, valuable items, and cash.
Consideration should also be given to the different types and quantities of controlled dangerous
substances seized and held by the department. The agency may wish to establish different
policies for the storage of such diverse items.
In determining total storage area, it is important to remember that mere storage is not
enough. The vault must have ample space to be organized to facilitate the location, retrieval and
audit of the property. In other words, all property must be readily accessible.
The property vault should contain a refrigerator for the storage of perishables, such as
blood. A safe or other separately secured container should be provided for the storage of cash,
jewelry and other small, valuable items.
Security. Security is an extremely important consideration in the maintenance of a
property vault. The vault must be situated, constructed, secured and protected in such a way as to
prevent accidental or deliberate tampering, damage or loss of property.
The property vault would ideally be located within a police headquarters which is staffed
twenty-four hours a day. In this case, the property vault should have its own alarm system. In
the alternative, it should be located in an area of a police facility which is completely secure from
unauthorized access. In this case, the police facility and the property vault should have separate
alarm capabilities.
The vault should be constructed with materials which would frustrate attempts to breach
the perimeter walls, floor and ceiling. There should be only one entrance, with a steel door, steel
frame and dead bolt locks. The alarm system should contain both an entrance switch on the door
and some type of interior backup, such as motion or infrared sensors. The control panel for the
alarm system should be inside the vault, with a time delay for deactivation.
The vault should also have an automatic fire suppression system to limit damage in case
of accidental fire or arson. Special consideration should be given to the type of chemicals used in
the fire suppression system in relation to the contents of the vault.
Construction of storage within the vault will vary with the department's needs. The use of
shelves, pins, pegboards, cabinets, racks and any combination thereof will depend on the specific
needs of the agency. The key is organization.
Temporary Storage. Facilities for temporary storage of property should be available when
the property officer is unavailable. For instance, a series of airport type metal lockers could be
used by department personnel until the property officer can assume custody of the property.
5

These lockers can either stand alone outside of the vault, or be installed in one wall of the vault.
By installing them, the property officer has access to items placed in temporary storage from the
inside the vault itself. Keys to the lockers must be a type that can not be reproduced without
proper written authorization.
Procedures for temporary storage of property should require the officer to place the
property into a locker compartment, lock the locker and retain possession of the key. The
property officer, upon coming on duty, would remove the property from the sealed locker by
using a master key. The property officer would then place the property items in the vault after
following proper inventory and logging procedures. The property officer should prepare and
issue a receipt to the officer that recovered the property when the officer appears to turn in the
key to the locker used for temporary storage.

PROPERTY OFFICER
To maintain the continuity of the property function, the chief law enforcement officer
should delegate the property control function to one specific officer. The primary duties of the
property officer include the preservation and safeguarding of all property, as well as the
disposition of all property. In medium to large departments, the duties of a property officer can
be a full time assignment for one or more officers. In smaller departments, the property officer
duties along with other duties might be assigned to one officer. If this is the case, the chief law
enforcement officer must insure that the property function is receiving the time, effort and
attention that it needs.
The property officer's duties, responsibilities and authority should be clearly defined by
department rules and policies. At a minimum, the property officer shall:
1.

Maintain appropriate written records, including records which reflect the chain of
custody of property while it is in the possession of the police department.

2.

Maintain the property in a place and under conditions which eliminate as much as
possible any risks of loss or tampering.

3.

Maintain physical control of property until it is properly disposed.

Access to evidence and the property vault must be restricted to the property officer. One
other officer, preferably the property officer's supervisor, should have access in case the property
officer is unable to perform his duties.

6

AUDITS
Audit procedures are essential to maintaining the integrity of the property function. There
should be a complete audit of stored property as well as selected or random audits of completed
transactions on a routine annual basis. In addition, there should be a complete audit whenever
there is a change of property officer, unit supervisor, chief law enforcement officer or change of
any other personnel with responsibility over or access to the property. An audit should also be
conducted if there is any indication or suspicion of a breach of integrity in the property system.
These audits should be conducted by the designated property officer with assistance and
verification provided by another officer. To provide a completely independent source of
verification, a representative of the county prosecutor's office could assist the property officer
during the audit.
An audit should begin with a complete inventory of all items currently in the property
vault. The inventory of the property vault should then be used to verify the accuracy of the
central filing system. An audit of completed transactions should be conducted by examining the
case files to verify that required notifications and release authorizations have been properly
submitted. In addition, a legitimate basis for the release decision should be clearly apparent in
the file.

DISPOSITION OF PROPERTY
The police department must provide for the proper and timely disposition of property and
evidence. This is necessary to maintain the property storage facility and property records in an
orderly fashion. Failure to promptly purge property leads to overloading limited storage space,
continues the department's liability longer than necessary and makes auditing procedures more
difficult and time consuming.
Seized property may be disposed of by forfeiture or by returning it to the owner.
Forfeited property may be disposed of by destruction or by public sale or auction. Found
property may be disposed of by returning it to the owner, returning it to the finder, by destruction
or by public sale or auction. These dispositions are controlled by state statute, state retention
regulations, Attorney General and county prosecutor's guidelines, and police department policy.
Each police department must have a written policy on the disposition of property consistent with
the above sources. Police departments should contact their municipal attorney, the county
prosecutor's office or the Division of Criminal Justice Police Bureau with any questions
concerning property disposition.
Return to Owner or Finder. When stolen property comes into the custody of police,
N.J.S.A. 2C:65-1 et seq. provides that law enforcement agencies may release the property to the
owner. The law specifies that the agency enter a description of the property into its central filing
system and make a complete photographic record of the property. This photographic record may
7

be introduced as evidence in any court in lieu of the property.
A law enforcement agency may immediately return stolen property to its rightful owner
where the agency is satisfied there is no dispute as to ownership.
If the person entitled to stolen property is unknown, the law enforcement agency may
apply to the court for an order to release the property from the custody of the agency. The
application, which must specify the property for which a release is sought, can be made six
months after the final determination of the case. The property will then be disposed at public
sale, with proceeds going to the state, county or municipality, whichever was the prosecuting
authority.
When property is found by a civilian, turned over to the police department for
safekeeping, and the owner does not claim the property for six months, N.J.S.A. 40A:14-157(b)
provides that the property shall be returned to the finder.
N.J.S.A. 53:1-26.1 and N.J.S.A. 40A:14-157(a) state that property which is found by a
state or municipal law enforcement officer and remains unclaimed becomes the property of the
state or municipality, which may provide for its sale at public auction.
Abandoned motor vehicles which are found or recovered shall be disposed of pursuant to
N.J.S.A. 39:10A-1 et seq. If the vehicle is not stolen, the agency should attempt to notify the
owner of the recovery. If the vehicle is not certifiable for a junk title certificate, and the owner
does not claim it a minimum of twenty and a maximum of ninety business days after the agency
has taken possession of the it, the vehicle can be sold at public auction. If the vehicle is
certifiable for a junk title certificate and the owner does not claim it within fifteen business days
after the agency has taken possession of it, the vehicle can be sold at public auction.
The owner or any other person entitled to take possession of the vehicle may do so at any
time before sale. The owner must pay reasonable costs for the removal and storage of the vehicle
and any fine, penalty and court costs assessed against him for a violation which gave rise to the
seizure of the vehicle.
Forfeiture. Law enforcement agencies are referred to N.J.S.A. 2C:64-1 et seq. as the
primary statutory source on the forfeiture of property. The law provides that property is subject
to forfeiture if it is "prima facie contraband" (e.g., controlled dangerous substances, illegally
possessed firearms), if it was used in furtherance of an unlawful activity (e.g., vehicles used to
smuggle contraband), or if it is the proceeds of illegal activity (e.g., currency or assets earned by
drug transactions).
Any property subject to forfeiture under N.J.S.A. 2C:64-1 et seq. may be seized by a law
enforcement officer and held by a law enforcement agency as evidence pending a criminal
prosecution. If no criminal proceeding is instituted, law enforcement officers may seize and
8

hold without court process property which is "prima facie contraband" or which poses an
immediate threat to the public health, safety or welfare.
If a criminal proceeding is instituted, "prima facie contraband" shall be retained by the
state until entry of judgment or dismissal of the criminal proceeding, including any appeals, and
then shall be forfeited to the entity funding the prosecution. When property other than prima
facie contraband is subject to forfeiture, such forfeiture may be effected by a civil action. Civil
forfeiture proceedings must begin within ninety days of the seizure of the property. Police
departments should contact their county prosecutor regarding any civil forfeiture action.
Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it
presents a danger to the public health, safety or welfare. All other forfeited property shall
become the property of the entity funding the prosecuting agency.
The forfeiture law also provides that the entity prosecuting the case shall divide the
forfeited property or any proceeds resulting from the forfeiture with any other law enforcement
agency that participated in the surveillance, investigation, arrest or prosecution resulting in the
forfeiture. Distribution of forfeited property or any proceeds among participating agencies will
be in proportion to that agency's contribution to the case. Such forfeited property and proceeds
shall be used solely for law enforcement purposes.
Destruction of Property. "Prima facie contraband" may be destroyed after entry of
judgment or dismissal of the criminal proceeding, including the appeal process, if it can serve no
lawful purpose or it presents a danger to the public health, safety or welfare.
In any case involving a bulk seizure of a controlled dangerous substance, the prosecuting
authority may apply to the trial court for an order to destroy all or some portion of the seized
substance before the completion of criminal proceedings. If the law enforcement agency has
such a bulk seizure and wants to destroy it, the agency should contact the prosecutor handling the
case.
Documentary exhibits shall be destroyed only after the clerk of the court has posted a
notice in the county describing the exhibit and indicating the date after which the exhibit will be
destroyed.

PROPERTY CONTROL POLICY AND PROCEDURE
The chief law enforcement officer should develop and implement written policy
governing the property and evidence function. This policy should outline the responsibilities and
duties of officers as they apply to the handling of property. The policy also provides practical,
step-by-step procedures for the receipt, handling, packaging, storage and reporting functions
pertaining to property. Appendix A contains a model property and evidence policy which can be
9

used as a guideline for a police department in developing its own written policy.

MARKING AND PACKAGING PROPERTY AND EVIDENCE
All property and evidence must be identified and marked to insure that it can be identified
in the future. In addition, the property must be securely packaged to preserve the contents and
prevent accidental loss or deliberate tampering. Methods of marking and packaging property will
vary from department to department. It is important that the department's methods are consistent
and clearly defined by written policy.
It is essential the methods for marking and packaging property be in conformity with
accepted practice. The Evidence Manual published by the Division of State Police Special and
Technical Services Section is an excellent source of information concerning the marking and
packaging of property and evidence.

10

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APPENDIX A
Model Property & Evidence Policy

1.0

APPLICATION
1.1

2.0

The property and evidence procedures hereafter described shall be followed for all
recovered, stolen, found or confiscated property coming into the possession of any
member of this department.

PROPERTY MARKING AND PACKAGING
2.1

The New Jersey State Police Special and Technical Services Section Evidence
Manual will be used as a guide in the marking and packaging of property.

2.2

Each item will be properly marked with the date and the officer's initials, if
possible, then tagged and/or placed in appropriate size envelopes or bags which
are provided.

2.3

The tag which accompanies articles being turned in to the Property Officer will
include the following information on the tag or outermost container (bag or
envelope):
2.3.1 Incident Report number
2.3.2 Date of recovery
2.3.3 Location of recovery
2.3.4 Owner of property, if known
2.3.5 Brief description of article
2.3.6 Officer's name and identification number

2.4

Should there be numerous small items relating to the same case, after each item
has been tagged, enveloped, etc., place all the items in one or more larger bags,
marking each larger bag with the Incident Report number and the item numbers
contained in said bag.

A-1

02'(/
3.0

PROPERTY SUBMISSION
3.1

3.2

Property officer available
3.1.1

A property description report, as described in Section 6.0, shall be
completed. The officer will then present the labeled article(s) and property
description report to the officer in charge for review.

3.1.2

The officer in charge shall review the article(s) to insure that they are
properly labeled and the property description report is accurately
completed. The officer in charge will then initial the property description
report to indicate the evidence or recovered property has been processed
correctly.

3.1.3

The officer who took custody of the property will then submit the
property, along with the property description report, to the property officer
for safekeeping.

Holding locker procedure
3.2.1

In the event an officer has property to be submitted for safekeeping in the
property room, and the property officer is not available to accept same, the
property description report will be completed, up to the chain of custody
section. In the first chain of custody section, entries will be made under
ITEM NO., DATE, RELINQUISHED BY and PURPOSE FOR
CHANGE OF CUSTODY. No other entries are made.

3.2.2

The officer in charge will inspect the property for proper identification,
labeling and packaging, as well as the property description report.

3.2.3

The officer in charge will then accompany the officer who took custody of
the evidence to the property holding locker, where the officer will place
both the property and the completed property description report. The
locker must then be properly secured by the officer who took custody of
the evidence, under the supervision of the officer in charge.

3.2.4

When the property officer removes the property from the holding locker,
he will complete the first chain of custody section of the property
description report under RECEIVED BY.

3.2.5

Copy 2 of the property description report will then be returned to the
A-2

02'(/
submitting officer with the property officer's signature showing receipt of
property.
3.3

3.4

Property Submission: Refrigerated Material
3.3.1

If any material or substance (evidence) must be refrigerated, and the
property officer is available, the officer shall deliver the property to the
property officer.

3.3.2

If any material or substance (evidence) must be refrigerated, and the
property officer is unavailable, the material or substance shall be placed
into the refrigerator located in the Detective Bureau. This will be done
through one of the detectives on duty, or, if there is no detective on duty at
the time, the on-call detective is to be contacted. The property description
report will be signed in the same manner as if it were to be stored in the
holding locker. No such material or substances are to be refrigerated at
any other place unless it is absolutely necessary.

Laboratory Cases
3.4.1

3.5

In cases where the physical evidence requires laboratory analysis or other
handling by outside agencies, this department shall transport the evidence
to and from the laboratory or other agency and obtain a report of the
analysis or other handling before turning the evidence over to the County
Prosecutor's Office. In particular cases, this procedure may be changed
with the approval of the Assistant Prosecutor to whom the case is
assigned.

Request for Evidence Form
3.5.1

If it is necessary for an officer to obtain evidence for court proceedings, he
must first submit a Request for Evidence Form to the property officer as
soon as that officer becomes aware that such evidence is required.

3.5.2

Evidence required for courtroom presentation will not be released to the
officer making the request until the date of the courtroom testimony.

3.5.3

Prior to the release of secured evidence, the form will be completed by
both the property officer and the officer making the request for the
evidence.

A-3

02'(/

4.0

5.0

3.5.4

The officer receiving the evidence for courtroom presentation is required
to return that evidence intact to the officer in charge on duty at police
headquarters immediately following the termination of the court hearing.

3.5.5

The officer in charge will obtain the Request for Evidence Form which
was completed for the transaction of the evidence (filed in a predesignated
location) and review the form and the evidence being returned.

3.5.6

Once the officer in charge is satisfied that everything is in order, the form
will receive the appropriate entry from the officer in charge and the officer
returning the evidence.

3.5.7

The officer in charge will then accompany the officer returning the
evidence to the holding locker where the officer returning the evidence
will place both the evidence and the completed Request for Evidence
Form in the holding locker.

3.5.8

The officer returning the evidence will properly secure the locker under
the supervision of the officer in charge.

PROPERTY OFFICER DUTIES
4.1

The Property Officer shall maintain written records which reflect the chain of
possession of the evidence during the time the evidence is in the custody of the
police department.

4.2

The Property Officer shall maintain physical evidence in a place, and under
conditions which guarantee that the evidence cannot be tampered with.

STOLEN PROPERTY
5.1

Identifying Stolen Property
5.1.1

If an officer locates property which he suspects might be stolen, he may
have the Control Desk operator check the NCIC/SCIC terminal for any
record of it being stolen. The officer must provide the following
information for such checks:
a.

Description of article (TV, stereo, radar detector, etc.)
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5.1.2

5.2

b.

Brand name of article (RCA, Sony, GE, etc.)

c.

Model number or name

d.

Serial number of the article

e.

Any owner ID numbers (O.A.N.).

Any property which has been identified as being stolen should always be
confirmed through the law enforcement agency which has entered the item
into the terminal.

Identification of Stolen Motor Vehicles
5.2.1

5.2.2

5.2.3

5.2.4

There are two ways to determine if a motor vehicle has been reported
stolen:
a.

NCIC/SCIC terminal check of the license plate number

b.

NCIC/SCIC terminal check of the Vehicle Identification
Number (VIN).

NCIC/SCIC Terminal Check of Registration Number
a.

Supply the Control Desk operator with the registration
number of the vehicle, along with issuing state information.

b.

The Control Desk operator will run "wants" for the vehicle
on both a State and Federal level.

NCIC/SCIC Terminal Check of the Vehicle's VIN
a.

The officer must supply the Control Desk operator with
complete description of the vehicle, including the
manufacturer, model, body style, color, year and VIN.

b.

The Control Desk operator will run "wants" on both State
and Federal level.

Whenever there is a "hit" on a stolen motor vehicle, the officer shall
always check with the law enforcement agency issuing the want to confirm
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that the vehicle is stolen.
5.3

5.4

Entry of Stolen Property into NCIC/SCIC Terminal
5.3.1

When an officer is investigating a theft where property that has been stolen
has sufficient identifiers, the officer should make every effort to obtain this
information for entry into the NCIC/SCIC terminal. Once this information
has been obtained, it is to be provided to the Control Desk operator who
will make the entry. The teletype number shall be logged on the officer's
incident report.

5.3.2

If this information is not available, but there is enough of a description of
the articles taken, the officer should make sure that at least teletype
information be dispatched through the Control Desk operator as soon as
the report has been received.

Stolen/Recovered Bicycles
5.4.1 Whenever a bicycle is reported stolen or recovered, the investigating
officer shall complete a Bicycle ID Report. This report will be completed
in addition to the officer's Incident Report.

6.0

5.4.2

The Bicycle ID Report will be turned over to the Control Desk Operator
who will maintain a file of these reports for future reference.

5.4.3

Whenever an officer recovers a bicycle, he will reference the information
obtained from the recovered bicycle with the Bicycle ID Reports on file at
the Control Desk.

5.4.4

The officer will initiate the same teletype procedures which are normally
utilized with any stolen article.

REPORT PROCEDURE
6.1

Purpose of the PROPERTY DESCRIPTION REPORT
6.1.1

The Property Description Report (Short or Long Form) shall be used to
report the following:
a.
Stolen property.
b.
Lost property.
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c.
d.
e.
f.
g.
h.

Found property.
Seized property.
Recovered property.
Burned property.
Damaged/destroyed property.
Property held by a police authority for safekeeping.

6.1.2

The Property Description Report (Short or Long Form) shall be submitted
following the recovery or loss of any property. When a Property
Description Report is submitted in conjunction with an Investigation
Report, the INCIDENT NO. and the DEPT. CASE NO. must coincide
with the corresponding blocks on the Investigation Report.

6.1.3

The officer will use a Property Description Report (Short Form) and as
many Property Description Reports (Long Form) as necessary to
completely record the listed information for each item of property and
each transfer of custody.

6.2

This report shall be prepared in four copies on the forms provided.

6.3

Routing of the four copies shall be as follows:

6.4

6.3.1

Copy 1, Copy 2 and Copy 3 - Will accompany the property to the Property
Officer or placed into the Holding Locker with the property until the
Property Officer completes the chain of custody section.

6.3.2

Copy 1 - Will be forwarded to the Records Unit with the Incident Report.

6.3.3

Copy 2- Will be returned to the submitting officer with the property
officer's signature showing receipt of property.

6.3.4

Copy 3 - Will be retained by the Property Officer until the property is
released or otherwise disposed of, and the transaction completely noted on
the report; then, will be forwarded to the Records Unit.

6.3.5

Copy 4 - To be given to the person the property was taken or received
from, as their receipt.

This report shall be accurate, factual, clear, concise, complete and free of errors in
spelling and grammar. Appropriate abbreviations are acceptable. Complete all
boxes, i.e., if information is unknown, enter "UNK", if not available, enter dash
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(-), if not applicable, enter "N/A".
6.5

The report shall be typed whenever possible. If the report must be hand-written, it
must be printed clearly and with black ink.

6.6

Reviewing officers shall make certain that all personnel comply with this
procedure.

6.7

Instructions for preparation of PROPERTY DESCRIPTION REPORT (SHORT
FORM)
1.

DEPARTMENT - The name of the law enforcement agency that takes the
report will be entered here.

2.

ORI NO - Enter the department's National Crime Information Center
(NCIC) New Jersey Identifier Number.

3.

INCIDENT NO - The department may use this box to enter a local
Incident/Event number.

4.

PROS CASE NO - This box will be used for the County Prosecutor's
Office to enter their case number.

5.

DEPT CASE NO - This box may be used by the local department for
entering a case/report number.

6.

VICTIM NO. OF VICTIMS - Enter the victim number and the total
number of victims involved with this incident.
Example: If three victims were robbed as part of the same incident, and
this is the second victim of the three, enter "2/3."

7.

OWNERS NAME - Enter the full name (last, first, middle) of the owner of
the property, if known.

8.

PHONE (AREA) - Enter the full phone number of the owner, if known.

9.

OWNERS ADDRESS - Enter the full address(premise number, street
name, municipality, state and zip), if known.

10.

DATE OF LOSS - Enter the date of loss (month-day-year).
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11.

LOCATION OF LOSS - Enter the location of loss, if known(premise
number, street name, municipality, state and zip).

12.

NCIC NO. - Enter the National Crime Information Center(NCIC) or
Teletype number if a message has been sent on related property.

13.

FINDER/POSSESSORS NAME - Enter the full name (last, first, middle)
of the person who was in possession of the property, either a finder of
property or a person who is encountered in possession of the property.

14.

PHONE (AREA) - Enter the full phone number and area code of the
person who was in possession of the property.

15.

DATE NCIC CANCELLED - Enter the date that the NCIC message for
the property was cancelled or cleared.

16.

FINDER/POSSESSORS ADDRESS - Enter the full address (street
number, street name, municipality, state and zip), of the finder or person
who was in possession of the property.

17.

TELETYPE NO. - Enter the Teletype of NCIC number of the message
sent that relates to the property indicated.

18.

LOCATION OF RECOVERY/SEIZURE - Enter the full address (street
number, street name, municipality, state and zip) of the location where the
property was recovered or seized.

19.

DATE OF RECOVERY/SEIZURE - Enter the appropriate date, month,
day, year.

BLOCKS 20 THROUGH 26 ARE TO BE USED IF THE PROPERTY IS A VEHICLE
20.

YEAR - Enter the year of the vehicle.

21.

MAKE - Enter the make of the vehicle.

22.

MODEL - Enter the model of the vehicle.

23.

BODY TYPE - Enter the body type of the vehicle.

24.

COLOR - Enter the color(s) of the vehicle.
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25.

REGISTRATION NO./STATE - Enter the vehicle's plate/registration
number and the State it is registered in.

26.

V.I.N. - Enter the vehicle's full Vehicle Identification Number.

27.

ITEM NO. - Enter the item of each piece of property recovered or seized,
relating to the case.

28.

PROPERTY CODE - Enter the Property Description Code number from
the code table located in the center of the report.

29.

PROPERTY STATUS - Enter the Property Status code number from the
code table located in the center right portion of the report.

30.

ESTIMATED/QUANTITY - Enter the quantity or the estimated quantity
of items.

31.

UNIT OF MEASURE - Enter the appropriate Unit Of Measure code if
necessary, from the code table located in the center portion of the report.

32.

DESCRIPTION/O.A.N. - Enter a description of the property and any
Owner Applied Numbers that may exist.

33.

SERIAL NUMBER - Enter the full serial number of the property if it
exists.

34.

ESTIMATED VALUE - Enter the estimated value of the property.

35.

DISPOSITION OF ITEM - Enter the disposition of the property from the
Disposition Code Table, located in the center right portion of the report.

36.

PRINT RANK/OFF. NAME - PRINT the rank and name of the officer
doing the report.

37.

BADGE NO. - Enter the badge number, if used, of the officer doing the
report.

38.

REPORT DATE - Enter the date of the report, month, day, year.

39.

PAGE NO. OF PAGES - If additional page(s) are needed to describe
property relating to the case, indicate which page and the total number of
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pages that are being submitted.
40.

REVIEWED BY - For use by the person in the agency after reviewing and
approving the report(s).

BLOCKS 41 THROUGH 45 ARE TO BE USED FOR TRACKING THE CHAIN OF
CUSTODY OF THE ITEMS RELATED TO THE CASE.

6.8

41.

ITEM NO. - Enter the Item Number of the piece of property that will be
moved.

42.

DATE - Enter the date that the item was moved, month, day, year.

43.

RELINQUISHED BY - PRINT the full name of the officer/person who is
releasing property.

44.

RECEIVED BY - PRINT the full name of the officer/person who is
receiving property.

45.

PURPOSE FOR CHANGE OF CUSTODY - Enter the purpose for which
the property is changing custody. Examples of change of custody may be
for transportation to the lab, to court, for destruction, for return to owner or
for auction.

Instructions for preparation of PROPERTY DESCRIPTION REPORT (LONG
FORM)
1.

DEPARTMENT - The name of the law enforcement agency that takes the
report will be entered here.

2.

ORI NO - Enter the department's National Crime Information Center
(NCIC) New Jersey Identifier Number.

3.

INCIDENT NO - The department may use this box to enter a local
Incident/Event number.

4.

PROS CASE NO - This box will be used for the County Prosecutor's
Office to enter their case number.

5.

DEPT CASE NO - This box may be used by the local department for
entering a case/report number.
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27.

ITEM NO. - Enter the item of each piece of property, recovered or seized,
relating to the case.

28.

PROPERTY CODE - Enter the Property Description Code number from
the code table located in the center of the report.

29.

PROPERTY STATUS - Enter the Property Status code number from the
code table located in the center right portion of the report.

30.

ESTIMATED/QUANTITY - Enter the quantity or the estimated quantity
of items.

31.

UNIT OF MEASURE - Enter the appropriate Unit Of Measure code if
necessary, from the code table located in the center portion of the report.

32.

DESCRIPTION/O.A.N. - Enter a description of the property and any
Owner Applied Numbers that may exist.

33.

SERIAL NUMBER - Enter the full serial number of the property if it
exists.

34.

ESTIMATED VALUE - Enter the estimated value of the property.

35.

DISPOSITION OF ITEM - Enter the disposition of the property from the
Disposition Code Table, located in the center right portion of the report.

36.

PRINT RANK/OFF. NAME - PRINT the rank and name of the officer
doing the report.

37.

BADGE NO. - Enter the badge number, if used, of the officer doing the
report.

38.

REPORT DATE - Enter the date of the report, month, day, year.

39.

PAGE NO OF PAGES - If additional page(s) are needed to describe
property relating to the case, indicate which page and the total number of
pages that are being submitted.

40.

REVIEWED BY - For use by the person in the agency after reviewing and
approving the report(s).

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7.0

DISPOSITION
7.1

7.2

Forfeiture
7.1.1

If property subject to forfeiture in an indictable or juvenile case, other than
prima facie contraband, is seized by this department, the Detective Bureau
must notify the Evidence and Property Control Unit of the County
Prosecutor's Office, in writing, within one week of the seizure. If
forfeiture proceedings are approved, the property subject to forfeiture must
be immediately turned over to the Evidence and Property Control Unit of
the County Prosecutor's Office. If forfeiture is declined, the property
should be returned to its owner provided that the property has no
evidential value.

7.1.2

A completed file should be given to the Assistant Prosecutor as soon as
possible, but not later than 30 days after seizure.

7.1.3

Civil forfeiture proceedings must begin within 90 days of seizure of the
property to be forfeited.

7.1.4

See N.J.S.A. 2C:64-1 et seq. for the law concerning forfeitures.

Disposition of Stolen Property and Documentary Exhibits
7.2.1

When any article of stolen property comes into the custody of this
department, the property officer shall enter in the property book a
description of the article and shall attach a number to each article, and
make a corresponding entry. The assigned detective shall make and retain
a complete photographic record of the property.

7.2.2

Upon receipt of satisfactory proof of ownership of the property, and upon
presentation of proper personal identification, and with the consent of the
County Prosecutor's Office, the property officer may release the property
to the person presenting such proof.

7.2.3

The person receiving the property shall be asked to view the photograph
taken pursuant to Section 7.2.1 to verify that it accurately depicts the
property that is being released to his custody. The person receiving the
property shall sign a sworn declaration of ownership. This department
shall retain the photograph and the sworn declaration.

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7.2.3

7.3

7.4

See N.J.S.A. 2C:65-1 et seq. for the law concerning the disposition of
stolen property and documentary exhibits.

Tangible Personal Property - Recovered and Disposition
7.3.1

Where tangible personal property comes into the possession of the police
department, by finding and recovery, by a member of the police force
acting in the line of duty, and if the owner or his whereabouts is unknown
and cannot be ascertained, or if the owner shall refuse to receive the
property, then the property shall not be disposed of for 6 months, except in
cases of motor vehicles, which shall be for 3 months. The municipality,
by resolution, may then provide for the sale, in whole or in part, of any
such property, at public auction. Moneys received from the sale of any
such property shall be paid into the general municipal treasury. All
unclaimed moneys coming into the possession of the police department
shall be turned over within 48 hours to the municipal treasurer for
retention in a trust account and, after 6 months, if unclaimed by any person
entitled thereto, be paid into the general municipal treasury.

7.3.2

Whenever any money or tangible personal property other than a motor
vehicle is found or discovered by any person other than by a member of
the police department acting in the line of duty, and the finder shall have
given or shall give custody of the found money or tangible personal
property to the police department for the purpose of assisting the police to
find the owner thereof, the police department shall retain custody of said
money or tangible property for a period of 6 months. If the money or
tangible personal property is unclaimed during the 6 month period by the
person entitled thereto, the money or property shall be returned by the
police department to the finder, who shall be deemed the sole owner
thereof.

7.3.4

See N.J.S.A. 40A:14-157 for the law concerning the disposition of
tangible personal property found or recovered.

Disposition of Controlled Dangerous Substances: Disorderly Persons Offense
7.4.1

The New Jersey State Police will not examine marijuana weighing less
than 50 grams (disorderly persons offense) unless the defendant has
appeared in Municipal Court and entered a plea of not guilty. When
drafting complaints charging defendants with possession of less than 50
grams of marijuana, schedule the case to be heard on the closest court date
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following the arrest. If the defendant pleads not guilty on his first court
appearance, the court will schedule another date so that the evidence may
be examined and the results obtained.
7.4.2

In a disorderly persons case involving a controlled dangerous substance,
our department shall maintain the controlled dangerous substance until at
least 60 days following final judgement in the case. If a defendant is
convicted of the disorderly persons offense, the final judgement would be
measured from the date the defendant is sentenced. If an appeal is pending,
the final judgement would be when the appeal is decided. It is incumbent
on the law enforcement agency to track appeals.

7.4.3

The County Prosecutor's Office submits a copy of the judgement entered
on municipal appeals to the person designated to handle record keeping for
each police department. If the defendant is found guilty and the decision
appealed to a higher court, that action will be noted on the judgement. The
opinion is considered rendered when received by this office. Any
questions about status, decision, or opinions on municipal appeals or
questions about appeals on an indictable matter should be directed to the
Head Clerk, Appellate and Motion Practice Section.

7.4.4 At the expiration of 60 days following the final judgement, our department
shall destroy the controlled dangerous substance at a facility designated by
the Prosecutor's Office. The controlled dangerous substance shall be
destroyed within one year of the final judgement. All aspects of the
destruction shall be documented on the Uniform Destruction of Evidence
Form. Notice to and approval of the Chief of the Trial Section is not
necessary for the destruction of controlled dangerous substances in a
disorderly persons offense, or where the amount and type of drug would
qualify for disorderly persons offense treatment.
7.5

Disposition of Controlled Dangerous Substances: Indictable or Juvenile Offense
7.5.1

In an indictable case or for a juvenile offense involving controlled
dangerous substances where the County Prosecutor's Office seizes the
controlled dangerous substance, the controlled dangerous substance shall
be turned over to the Evidence & Property Control Unit immediately.

7.5.2

In an indictable case or for a juvenile offense involving controlled
dangerous substances where our department seizes the controlled
dangerous substance, we shall maintain custody of the evidence until the
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assistant prosecutor to whom the case is assigned directs that the evidence
be turned over to the County Prosecutor's Office. When the evidence has
been turned over to the County Prosecutor's Office, the Evidence &
Property Control Unit shall maintain the controlled dangerous substance
until at least 70 days following the final judgement in the case. If an
appeal is taken, the evidence should be held until the expiration of the
appeal. At the expiration of 70 days following final judgement, the
Evidence & Property Control Unit shall make contact with the Chief of the
Trial Section of the County Prosecutor's Office and/or the Narcotics Squad
Prosecutor and seek approval for destruction of the controlled dangerous
substance. The request and approval must be in writing. If the Chief of
the Trial Section or Narcotics Squad Prosecutor approves destruction, the
Evidence & Property Control Unit shall destroy the controlled dangerous
substance at a designated facility. All aspects of the destruction shall be
documented.
7.5.3

In an indictable case or for a juvenile offense where our department seizes
a controlled dangerous substance but is not called upon to turn the
controlled dangerous substance over to the County Prosecutor's Office, we
shall maintain the controlled dangerous substance until at least 70 days
following final judgement in the case. If an appeal is taken, the evidence
should be held until the conclusion of the appeal. At the expiration of the
70 days following judgement, we shall request approval from the Chief of
the Trial Section or Narcotics Squad Prosecutor of the Prosecutor's Office
for destruction of the evidence. The request for the destruction and the
approval must be in writing. If the Chief of the Trial Section or Narcotics
Squad Prosecutor approves destruction of the evidence, our department
shall destroy the controlled dangerous substance at a designated facility.
All aspects of the destruction shall be documented. All controlled
dangerous substances approved for destruction should be destroyed within
one year of the written approval from the Chief of the Trial Section or
Narcotics Squad Prosecutor.

7.5.4 If after the conviction of the defendant there is still an investigation
pending concerning other prospective defendants relating to the possession
or distribution of that substance, the substance may be retained if reports
are duly filed justifying non-destruction.
7.6

Disposition of Controlled Dangerous Substances with no prosecution
7.6.1

If the police department comes into possession of controlled dangerous
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substances, for example by finding, and a viable prosecution cannot be
developed in relation to the drug, then it should be retained for at least 60
days. The controlled dangerous substance shall be destroyed within one
year of its receipt. All aspects of the destruction shall be documented on
the Uniform Destruction of Evidence Form. Notice to and approval of the
Chief of the Trial Section or Narcotics Squad Prosecutor is not necessary
in this situation unless a significant quantity or quality of controlled
dangerous substance is involved. The term "significant quantity" should at
least mean enough controlled dangerous substance to support a charge of
possession with intent to distribute if the owner or possessor were known.
7.7

Controlled Dangerous Substance Destruction process
7.7.1

Documentation of the destruction of controlled dangerous substances must
be done through the utilization of the "Uniform Destruction of Evidence
Form." When a request for destruction is made, the original and two
copies shall be sent to the Chief of the Trial Section or Narcotics Squad
Prosecutor. One copy shall be retained by our department. If destruction
is approved the original and two copies will be returned to our department.
When the evidence is destroyed, a completely executed copy should be left
with the contact person for the authorized destruction facility. An original
and one copy would then be retained by our department. Controlled
dangerous substances and firearms should not be included on the same
destruction of evidence form.

7.7.2

In a juvenile case the Chief of the Trial Section or Narcotics Squad
Prosecutor will refer the requests to the Director of the Juvenile Division
for his approval.

7.7.3

It will be the responsibility of the assigned officer to destroy the evidence
and a copy of the Uniform Destruction of Evidence Form will be left with
the contact person or his representative at the facility. The role of the
contact person for the authorized facilities is limited. He will simply make
arrangements for the destruction and will be present during the destruction
of the controlled dangerous substance; it is not his responsibility to insure
the integrity of the destruction process. The authorized facilities are
simply providing a place for the evidence to be destroyed. Our assigned
officer shall call the contact person prior to bringing the controlled
dangerous substance for destruction in order to allow the contact person to
make the necessary arrangements. It is not necessary for the contact person
to sign the Uniform Destruction of Evidence Form.
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7.7.4

No fewer than two witnesses shall observe the officer destroy the
controlled dangerous substance at the authorized facility. The contact
person should not be counted as a witness. The witnesses shall also sign
the Uniform Destruction of Evidence Form in the appropriate place.

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