G15.1.8 Timely Disposition of Property
Chapter: Chapter 15 – Property and Evidence Control
Sub-Chapter: 15.1 - Property and Evidence Control
Effective Date: 11/01/2019
Revised Date: 04/12/2023
Rescinds: G15.1 – 11/1/2019; S12-01 – 11/10/2019
Purpose
To describe the procedures the Indiana University Police Department (IUPD) will follow for final disposition of found, recovered, and evidentiary property.
General Order
The IUPD will ensure the final disposition of all found, recovered and evidentiary property is completed within twelve (12) months (or sooner as required under Indiana law) after all legal requirements have been met. Final dispositions will be properly executed in accordance with Indiana law.
Procedures
To ensure owners are not deprived of their property any longer than is necessary, whenever possible the IUPD will return found, recovered, and evidentiary property to the owners, if known, after all legal requirements have been met. If owners are unknown or if the items cannot be returned to the rightful owner, the IUPD will properly dispose of the property.
No property or fund will be directly signed over to the IUPD without judicial process. As a practice, the IUPD does not initiate civil asset forfeiture.
All officers are responsible for the disposition of evidence and property in any case assigned to them. In the event the officer is no longer employed by the IUPD, an investigations supervisor will assume responsibility for the disposition. Officers will document the disposition in the case report and communicate to the property and evidence custodian the item(s) is (are) ready for final disposition.
The property and evidence custodians are responsible for ensuring the final disposition of all property is documented in the chain of custody and properly carried out after all legal requirements have been met, and within the specified time frames as required by Indiana law.
Authorized methods of disposal include:
- Returning to the owner
- Donation
- Released to IU surplus
- Destruction (shredding, cutting, burning, melting, etc.)
- Transferred to the IUPD for official use. Items, excluding controlled substances, will only be transferred to the IUPD for official use after approval from the superintendent for public safety, in consultation with the Office of the Vice President and General Counsel.
- Controlled substances utilized for training purposes will be transferred to the IUPD in accordance with G15.1.5 Security of Controlled Substances and Weapons.
Under no circumstance will property or evidence be converted to personal use by any member of the IUPD.
Found Property
Found property will be retained by the IUPD for a period of no less than ninety (90) days unless retrieved sooner by the owner or authorized agent.
After ninety (90) days have passed from the time the owner was notified or all means to identify the owner have been exhausted and the property is still in the possession of the IUPD, the IUPD will properly dispose of the property using one of the authorized methods of disposal as appropriate. US currency will be transferred to the department’s IU Foundation account.
Evidence
In accordance with IC 35-43-4-4(h), the IUPD may return to its owner before trial evidentiary property in which a person is alleged to have exerted unauthorized control or to have otherwise obtained unlawfully if:
- the IUPD photographs the property that will demonstrate the nature of the property and the photographs are retained in place of the property;
- a receipt is obtained from the owner;
- the assigned prosecutor has not requested the IUPD to decline requests for the return of the property to its owner; and
- the property may be lawfully possessed by the owner.
Other property seized as evidence will be retained and disposed of in accordance with IC 35-33-5-5.
The IUPD will follow all orders issued by the court concerning the disposition of evidence.
For purposes of preserving the record of any conviction on appeal, prior to disposing of the property, the IUPD will photograph the property demonstrating its nature and maintain records of an adequate description of the property.
Firearms that have been seized from a person who is dangerous (as defined in IC 35-47-14-1) will be retained, returned, or disposed of in accordance with IC 35-47-14.
Weapons seized during the investigation of a domestic or family violence incident will be retained in accordance with IC 35-33-1-1.5.
Final dispositions of property will be documented in the IUPD’s Records Management System. Any property that is destroyed will be witnessed by two (2) IUPD personnel. Both employees will complete documentation attesting to the destruction.
Related Information
Indiana Code
- 35-33-1-1.5 Crime involving domestic or family violence; duties of law enforcement officers; confiscation of firearm, ammunition, or deadly weapon
- 35-33-5-5 Disposition of property held as evidence; preservation of evidence of a violent offense that could be subjected to DNA testing; records
- 35-43-4-4 Evidence
- 35-47-14 Proceedings for the Seizure and Retention of a Firearm