Property / Evidence

PROPERTY AND EVIDENCE

Property is released by appointment only. To make an appointment or for questions regarding property or evidence retained by the Winter Police Department please contact the Property Officer at (530) 794-6725.

Property seized by the Police Department, is under the protection of the Police Department. It is your responsibility to contact the Property Officer as soon as possible if you wish to claim your property. To ensure safety, medical and marijuana property will not be released to owners without a court order. Property will not be held longer than the indicated dates. If you need assistance, or a special circumstance/need arises, please contact the Property Officer.

ITEMS BOOKED AT THE WINTERS POLICE DEPARTMENT

ITEMS BOOKED AS EVIDENCE: Items will be kept for the duration of the court case (including sentence and appeals) and can only be released with permission of the District Attorney's Office.
When evidence items are ready to be released, we will make one attempt to notify the owner via mail. Property will be held for 20 days from the date the notification is mailed and if unclaimed, the property will be disposed of or destroyed according to the law. A friend or relative may pick up items with a written and signed note from the true owner of the property.
Items used in the commission of a crime and illegal items will not be returned. Electronic items (such as cell phones and computers) that are found to hold illegal images (such as child pornography) will be factory reset in order to ensure the removal of the illegal items. If no arrest has been made and/or no suspects identified- Items may be held up to 1 year or longer depending on the status of the case.

Items booked as evidence may be the subject of forensic investigation methods including but not limited to photographs, computer downloads, fingerprint powder, or chemical fingerprint development which might alter or damage the item.

 

Felony Arrest- Items will be held for 60 days from the date of sentencing.

Misdemeanor Arrest- Items will be held until the date of sentencing

ITEMS BOOKED AS SAFEKEEPING: Items will be held 60 days. Unclaimed items will be disposed of according to the law. A friend or relative may pick up items with a written and signed note from the true owner of the property (cell phones, computers, or other property which contains or may contain private or identifying information in addition to weapons cannot be released).

ITEMS BOOKED AS FOUND PROPERTY: Items will be held for 90 days. After 90 days, finders may contact the Property Officer for information on how to claim the property (cell phones, computers, or other property which contains or may contain private or identifying information in addition to weapons cannot be released).

ITEMS BOOKED WITH A SEARCH WARRANT: Contact the Property Officer regarding the return of items, 1536 P.C. requires a court order to release property held by a search warrant.

FIREARMS: Firearm must be registered before it can be released. If the firearm has not been registered, the report of ownership form can be obtained from the Winters Police Department or by visiting the Department of Justice web page HERE. Please note that to claim firearms you will have to obtain a mandatory criminal record check by the Department of Justice before your firearm can be released.  A Law Enforcement Gun Release (LEGR) application can be obtained from the Winters Police Department or by visiting the Department of Justice web page HERE. Firearms must be picked up from the Police Department within 30 days of receiving the Department of Justice criminal records check.

WEAPONS SEIZED DUE TO DOMESTIC VIOLENCE 18250 PC

The weapon has been held as required by law. Depending on your case, you may not be eligible to own, possess, or purchase a firearm for a period of time as firearms may only be released providing that no other restriction exist (ie: 12028.5(e), 12021, 12021(c)(1) or a restraining order).  If you are served a court order with a prohibited firearm condition you must complete the process to surrender your firearms to: another party, a licensed firearm dealer, or to law enforcement.  A receipt will need to be filed with the court regarding the disposition of the firearm, this form can be obtained in person at the court house or online on the court web site HERE

 

A firearm safekeeping storage admin fee of $55.00 will be assessed per weapon upon intake.

 

Please note that your firearm must be registered before it can be released. If the firearm has not been registered, the report of ownership form can be obtained from the Winters Police Department or by visiting the Department of Justice web page HERE.

 

Please note that to claim firearms you will have to obtain a mandatory criminal records check by the Department of Justice before your firearm can be released.  A Law Enforcement Gun Release (LEGR) application can be obtained from the Winters Police Department or by visiting the Department of Justice web page HERE. Firearms must be picked up from the Police Department within 30 days of receiving the Department of Justice criminal records check.

 

5150/ 8102 WELFARE AND INSTITUTIONS CODE

Weapons have been seized pursuant to the law to prevent endangerment to yourself or others. Depending on your mental health status you may not be eligible to have your firearms returned to you under current laws.

 

Please be advised the City may initiate a petition in the Yolo County Superior Court to determine whether the return of your weapons would result in endangering yourself or others. If the City does initiate a petition, you have 30 days to file a written response requesting a hearing date with the Court Clerk of the Yolo County Superior Court. If you do not respond to the Clerk within 30 days, your confiscated weapons will be forfeited.

 

If your status indicates you are eligible to have firearms, you will have to complete a mandatory criminal records check before your firearm can be returned. You will also have to provide a completed Department of Justice clearance letter to the Police Department before the firearm may be released; the paperwork to obtain the release is available on line through the bureau of firearms at the Department of Justice web page and at the Police Department.

MARIJUANA

 Although legal for recreational and medical use in California, marijuana is still classified as an illegal drug under federal law.

Return of marijuana sized during a criminal case or for safekeeping will require a court order.

In storage, marijuana can become contaminated and is especially subject to mold contamination. Ingestion of molds can be harmful to your health. If you insist on using previously stored marijuana, it is strongly recommended that you have it analyzed to ensure it is not contaminated.