4.13 PERSONAL PROPERTY INVENTORY
4.13.1 PURPOSE
A. The purpose of this procedure is to define the process of conducting an inventory of the personal property in an impounded vehicle and the personal possessions of a person in police custody. It should be noted that an inventory is NOT a search for evidence. Other statutory or constitutional rights that officers may employ to search persons or search or seize possessions for other purposes are discussed in other general orders.
4.13.2 REFERENCES
A. Gresham Revised Code 2.82 http://cityweb/departments/cao/gresham_municipal_code/Chapter_2/82/index.html
B. ORS 133.005(1) http://www.leg.state.or.us/ors/133.html
C. ORS 426 http://www.leg.state.or.us/ors/426.html
4.13.3 DEFINITIONS
A. Closed Container means a container whose contents are not exposed
to view.
B. Contraband means any controlled substance or other property
which one may not legally possess, in custody of the police that is not needed
as evidence and is not subject to order of the court.
C. Open Container means a container that is unsecured or incompletely secured in such a fashion that the container’s contents are exposed to view.
D. Police Custody means:
1. The imposition of restraint as a result of an “arrest” as that term is defined at ORS 133.005(1).
2. The imposition of actual or constructive restraint by a police officer pursuant to a court order.
3. The imposition of actual or constructive restraint by a police officer pursuant to ORS 426.
4. The imposition of actual or constructive restraint by a police officer for purposes of taking the restrained person to an approved facility for the involuntary confinement of subject pursuant to Oregon law.
E. Valuable means cash money of an aggregate amount of $50 or more; or
individual items of personal property with a value of over $500.
4.13.4 PERSONAL PROPERTY INVENTORY CRITERIA
A. The Oregon Constitution permits an inventory of a person or property if these
three factors are met:
1. The subject of the inventory (either a person or a vehicle) MUST be in lawful custody;
2. The inventory MUST be conducted pursuant to a lawful inventory ordinance;
3. The officer conducting the inventory MUST NOT deviate from the provisions of the City’s inventory ordinance or the inventory will be held unlawful even though there was a lawful basis to conduct the inventory.
B. Consistent compliance with the City’s inventory ordinance is essential. If an officer’s inventory does not comply with the ordinance, evidence discovered during the inventory will be suppressed. Even if an inventory is conducted properly in an individual case, evidence could be suppressed if the court determines that the Department does not follow the inventory policy consistently in all cases.
4.13.5 VEHICLE PERSONAL PROPERTY INVENTORY PROCEDURE
A. The purposes for the inventory of an impounded vehicle are to:
1. Promptly identify property to establish accountability and avoid false claims to property;
2. To assist in the prevention of theft of property;
3. To locate toxic, flammable or explosive substances; or
4. To reduce the danger to persons and property.
B. Inventories of impounded vehicles shall be conducted according to the following procedure.
1. The contents of all vehicles impounded by a police officer shall be inventoried. The inventory shall be conducted before constructive custody of the vehicle is released to a third-party towing company except under the following circumstances:
a. If there is reasonable suspicion to believe that the safety of either the police officer or any other person is at risk, a required inventory will be done as soon as safely practical; or
b. If the vehicle is impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory will be done after such investigation is completed.
2. An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, unlocked glove box(es), any pockets in the doors or in the back of the front seat, any console between the seats, under any floor mats and under the seats.
3. In addition to the passenger and engine compartments as previously described, an inventory of personal property and the contents of open containers shall also be conducted in the following locations:
a. Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked vehicle trunks and unlocked car-top containers; and
b. Any locked compartments including, but not limited to, locked vehicle trunks, locked glove box(es), locked hatchback and locked car-top containers, if either the keys are available to be released with the vehicle to the towing company or an unlocking mechanism for such compartment is available within the vehicle.
4. A closed container left in the vehicle or in any of the vehicle’s compartments will have its contents inventoried only when:
a. The closed container will be placed in the immediate possession of a subject while he is placed in the secure portions of a custodial facility, police vehicle, or law enforcement holding room;
b. A subject requests the closed container be with him in the secure portions of a police vehicle or law enforcement holding room; or
c. The closed container is designed for carrying money and/or valuables, including but not limited to closed briefcases, purses, coin purses, wallets and fanny packs.
C. The inventory is not a search for evidence. Items should be scrutinized to the extent necessary to complete the inventory. While officers may seize evidence or contraband located during the inventory, they will NOT force open closed containers to inventory the contents without first obtaining the owner’s consent, or a search warrant.
D. Upon completion of the inventory, the police officer will complete a report as directed by the Chief of Police.
E. Any valuables located during the inventory process MUST be listed on a property page. A copy of the property receipt shall either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. Loose items of value shall be held on behalf of the owner of the items. Valuables not easily moved by the officer (i.e. locked tool chest, suitcase, etc.) or valuables affixed to the vehicle (i.e. car stereo, CD player, etc.) may be left within the vehicle for safekeeping; however, they must be listed on the property page. If the vehicle’s owner or custodian is not available, a copy of the property page will be left in the vehicle or given to the person in control of the vehicle if that person is present.
F. Whenever a subject, arrested from a vehicle, is transported from the scene in police custody, the subject’s containers located in the vehicle and designed to contain money or valuables (i.e. purses, coin purses, wallets, fanny packs, etc.) shall be taken as prisoner’s personal property.
4.13.6 PERSONAL PROPERTY INVENTORIES OF PERSONS IN POLICE CUSTODY
A. The purpose of a personal property inventory shall be to fulfill any of these requirements:
1. To promptly identify property to establish accountability and avoid false claims to property.
2. To fulfill the requirements of ORS 133.455, to the extent that such statute may apply to certain property held by the police officer for safekeeping.
3. To assist in the prevention of theft of property.
4. To locate toxic, flammable or explosive substances.
5. To locate weapons and instruments that may facilitate an escape from custody or endanger law enforcement personnel.
6. To reduce the danger to persons and property.
B. Officers MUST inventory all personal property in the possession of a subject taken into custody, and an itemized list of the inventory shall be
documented on a property page whenever:
1. The subject will be either placed in a secure police holding room or transported in the secure portion of a police vehicle; or
2. Custody of the subject will be transferred to another law enforcement agency, correctional facility, or treatment facility.
C. Inventories of personal property in the possession of the subject shall be conducted according to the following procedures:
1. An inventory MUST be completed prior to placing the subject into a holding room or a police vehicle, whichever occurs first. However, an officer may delay an inventory if he has reasonable suspicion to believe that an immediate inventory will endanger the safety of any person. The officer MUST then complete the inventory as soon as safely practical. If the inventory is delayed because of safety concerns, the officer’s report MUST articulate reasonable suspicion for the concern.
2. To complete the inventory of the subject’s personal property, the officer will remove all items of personal property from the clothing worn by the subject. In addition, the officer will remove all items of personal property from all open containers in the possession of the subject.
D. A closed container in the possession of a subject will have its contents inventoried only when:
1. The subject is allowed to retain the closed container while in the secure portion of a custodial facility, police vehicle or secure police holding room.
2. The subject requests that the closed container remain with him in the secure portion of a police vehicle or a secure police holding room.
3. The closed container is designed for carrying money and/or small valuables on or about the subject and which the subject claims is his own, (i.e. closed purses, closed coin purses, closed wallets, closed fanny packs, etc.).
E. All items of personal property not left with the subject or with the facility or
agency accepting custody of the subject, shall be handled in the following manner:
1. A property page shall be prepared listing the items of property to be retained by the Department. A copy of the property page shall be given to the subject in custody when he is released to the accepting agency or facility.
F. All items of personal property released to the subject or to the facility or agency accepting custody shall be handled in the following manner:
1. The detainee will sign a receipt for the return of the specific items of property.
2. If the detainee is released to a transporting officer for transfer to another facility, the property should be given to the transporting officer, who will sign the receipt for the specific items of property.
G. The officer must include a copy of all receipts on Property in Custody Forms for Records.
Carla C. Piluso
Chief of Police
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