The purpose of this policy is to establish the requirements and processes for documenting and submitting evidence and other property, and the guidelines for item disposition and disposal or release.

Responsibility for Setting Property and Evidence Submittal Standards

1. Property and Evidence unit supervisors will set standards for receiving, documenting, securing and disposing of all items submitted. These standards will be based on Minnesota State Statutes, Forensics Division requirements and nationally recognized best practices.
2. The Property and Evidence unit Packaging Manual will be the guideline used by the department for recommendations related to packaging when submitting property or evidence.

1. The Packaging Manual outlines the required manner for packaging and labeling of evidence or property submitted to the unit for storage.
2. The Packaging Manual is available in the areas of all temporary lockers and will be made available in other designated locations as requested or approved.
3. This manual will be reviewed on an annual basis and updated as necessary.

Right of Refusal

1. All property and evidence inventoried at the MPD Property and Evidence unit is subject to verification by unit personnel prior to inventory.
2. All items of property or evidence that are not correctly submitted will be refused as inventory until correctly submitted.
3. Officers and their supervisors will be notified to correct submitted items as soon as practical by Property and Evidence unit personnel.

Property Found During Work Assignment

1. Employees who retain or discover IDs or cell phones that are Non-Evidence shall make reasonable efforts to notify the owner.

1. If the items cannot be returned to the owner, they shall be documented and inventoried according to the other requirements in this policy and the efforts made shall be indicated in the narrative text of the case report.
2. If the items are returned to the owner in the field, the employees shall describe the items and the circumstances in the case report or the field contact report. Items returned should be described in text sections, and not inventoried in the property report (PR). Employees may use a Property Release Form (MPD 9096) to document release of the property. The completed form should be scanned and attached to the case.

2. Employees shall not retain for personal use any property or evidence that has come into their possession through the course of their official duties.

Report Required for Inventory

Officers shall submit an offense report and a property report for all property that will be inventoried (including non-evidence). Property cannot be inventoried without the associated case number.

Personal Property at Booking

1. Officers shall request that the personal property in possession of arrestees at the time of booking be stored at the Jail.
2. If the Jail refuses the individual’s personal property, officers will inventory personal items with the Property and Evidence unit prior to the end of the shift.

Purchasing at Public Auction

The Professional Code of Conduct (P&P 5-105) places limits and prohibitions on purchasing or owning property from a City auction.

Authorized Admittance to the Property and Evidence Unit

1. Only individuals who have valid MPD business are allowed entry into the Property and Evidence unit.

1. All individuals entering the Property and Evidence unit shall sign in and sign out on the designated access log.
2. All individuals shall be escorted by Property and Evidence unit personnel while in the unit.

2. In the event of an unauthorized entry the following procedures shall be followed:

1. Call 911. A uniformed officer shall be dispatched to take a Police Report.
2. Notify the Property and Evidence unit Supervisor and the on-duty Watch Commander.
3. All evidence pertaining to the unauthorized entry shall be immediately identified and documented. (Locations of surveillance video, witness statements, etc.)

Responsibility to Inventory Property and Evidence

Inventory in PIMS

1. All MPD employees taking possession of property, whether evidentiary or non-evidentiary, shall properly document the items in PIMS prior to the end of their shift.
2. Each item inventoried shall have the owner listed in PIMS whenever known.
3. Officers shall update the Evidence Continuity in PIMS with the actual location secured for all property or evidence.

Physical custody and storage

1. All MPD employees taking possession of property, whether evidentiary or non-evidentiary, shall properly store and secure such items prior to the end of their shift.

1. Properly storing and securing means:

1. Delivering the property directly into the custody of Property and Evidence unit staff.
2. Evidence Continuity reflects the actual location of items.
3. Storing and securing the property in secure facilities according to directions in this policy (such as the Blood Room, secure lockers, etc.), or
4. Storing and securing the property according to directions from Property and Evidence unit staff or Forensics Division staff.

2. If circumstances require storage or handling not consistent with this policy:

1. The items shall be secured prior to the end of the shift.
2. Evidence Continuity shall reflect the actual location of items.
3. Evidentiary items shall be handled consistent with best practices.
4. Transfer of custody shall be made to the Property and Evidence unit as soon as practical.
5. A statement shall be included in the narrative text for the case explaining the circumstances, and the Evidence Continuity in PIMS shall be updated accordingly.

2. This applies to items seized regardless of whether an arrest has been made and this applies to sworn employees working off-duty employment.
3. If Forensics Division personnel retain property or evidence for immediate review or processing, they are responsible for securing the items and ensuring that the Evidence Continuity in PIMS is updated accordingly.

Evidence Created During an Investigation

Investigative personnel shall inventory all relevant evidence created during the course of an investigation as soon as practical given the nature of the case. This applies to paper or electronic work product generated through the investigation. This clause does not supersede requirements for seized evidence or property.

Packaging Evidence

1. All MPD employees will submit property or evidence in accordance with the recommended guidelines for packaging and labeling outlined in the Property and Evidence Unit Packaging Manual. All items shall meet Forensics Division requirements, established Property and Evidence unit guidelines, and nationally recognized best practices for packaging.

1. MPD employees may mark or label evidence recovered from a scene or involved persons with additional information to aid case investigators, provided the standard packaging and labeling requirements are met.
2. MPD employees may mark or label items using markers, tape, tags, containers or envelopes. Items shall not be marked in such a way as to ruin the evidentiary value or render the items useless. The employee marking the item shall retain custody until it is submitted to the Property and Evidence unit.
3. All property or evidence inventoried at the MPD Property and Evidence unit is subject to verification by unit personnel. Envelopes, bags, packages, etc. may be opened for verification as needed.

2. Upon inventory, Property and Evidence unit personnel shall determine the appropriate method for packaging and storage of all property and evidence, based on available information regarding circumstances of the case.
3. Refer to the Property and Evidence unit Packaging Manual for guidelines for packaging property or evidence.
4. Appropriate packaging containers and items will be made available in limited quantities to MPD personnel for use at the Property and Evidence unit.
5. Precincts should stock the necessary components through the standard ordering process.
6. Items that are wet shall be inventoried according to Property and Evidence Blood Room procedures.

1. For items that are suspected of having biohazard contamination, the packaging shall be marked as "Contaminated" or "Caution" or labeled with a “Bio-Hazard” sticker.
2. Items contaminated by significant amounts of liquid, bodily fluids or unknown substances shall not be placed in evidence lockers.

Special Circumstances and Temporary Storage

Blood Room Access and Use

1. Clothing or other items which are wet due to environmental conditions or bodily fluids must be completely dried before storage.
2. Access to the Blood Room shall be made through the temporary locker area at the Property Warehouse.
3. The following procedures shall be followed when placing items in the Blood Room:

1. Evidence Continuity shall list “Blood Room.”
2. Paper shall be placed under any items to be dried.
3. Items shall be hung from clean hangers or placed flat to dry. Hanging dividers are provided to separate items by case number and then by person.
4. Leave space between items that are drying so that air can circulate around them.
5. Barcode labels shall be placed with the items.
6. Urine kits, DNA kits, SAE kits or any other item needing refrigeration shall be placed in the evidence refrigerator in the Blood Room.

Inventory of Evidence or Property Obtained from a Hospital

1. Hospital staff may remove clothing and personal items from an individual being evaluated or treated. Sworn employees assigned the call shall take custody of such items when they are considered evidence, unless directed otherwise by a supervisor.
2. Employees receiving custody shall inventory all evidence at the Property and Evidence unit. If circumstances do not allow for the transfer of evidence immediately, the hospital may retain the evidentiary items for an investigator, their designee, or Property and Evidence unit personnel to pick up and inventory at a later time.
3. Items received from a hospital shall be opened, pockets shall be searched, and all items properly documented, except in cases of sexual assault or homicide.
4. If items received into custody are wet, they must be placed into the Blood Room to dry, in accordance with the section on Blood Room Access and Use. Such items must be removed from bags and placed on hangers.

Precinct Lockers and Public Service Building Lockers- Temporary Storage

1. Temporary secure lockers are provided at each Precinct location and the Public Service Building for the storage of evidence or property recovered by MPD personnel related to Misdemeanor arrests or citations, or items held for safekeeping to be returned to an owner.
2. No firearms, discharged cartridge casings (DCCs), drugs, money or jewelry are to be placed in the temporary lockers. These items must be brought to the Property Warehouse before the end of the shift.
3. Evidence Continuity shall read “P[1,2,3,4,5] Locker” or “PSB Locker” and shall include the locker number as appropriate. Use the slotted locker for smaller items as much as possible.
4. If specialty units retain property or evidence, the Evidence Continuity must reflect the actual location of the items. These units are responsible for securing items while in their custody. A narrative text shall be added to the case detailing the retention of the items.
5. MPD personnel assigned to the Public Service Building (PSB) may use temporary lockers for submission of evidence and return of evidence. Firearms, discharged cartridge casings (DCCs), drugs, money, and search warrant evidence should be brought directly to the Property Warehouse.

Procedures for Specific Items

Items used to identify a suspect

1. Clothing or personal items used to identify an arrested person or suspect shall be inventoried as Evidence.

1. If there is no legal basis to continue holding the items, the investigator shall immediately authorize release of the items using PIMS.
2. Items authorized for release will be processed by Property and Evidence unit staff.

2. Clothing or personal items that are not needed as evidence shall be returned to the individual or stored by the jail whenever possible. If not possible, the items shall be inventoried as Safekeeping.
3. Identification documents (ID, DL, Passport, Green Card, etc.) that are not needed to prove a crime shall be returned to the individual or stored by the jail whenever possible. If not possible, the documents shall be inventoried as Safekeeping.

Alcoholic Beverages and Containers

1. For alcoholic beverages and their containers, a case report shall be created in accordance with MPD policy, including a Property Report for both the original container (line 1) and the sample (line 2) taken.
2. In cases involving homicide, sexual assault, or assault where the container was used as a weapon:

1. A photo of the original container (line 1) showing the label and the sample (line 2) shall be taken by the officer.
2. The empty original container and sample of the suspected alcoholic beverage (if liquid was present) shall be submitted to the Property and Evidence unit.
3. If the empty original container is held for prints or DNA, this shall be indicated on the Property Report.

3. For all other offenses involving a suspected alcoholic beverage:

1. The officer shall list the beverage sample (line 1) and container (line 2) together in the inventory.
2. The photo of the sample and the original container including the beverage shall be taken and attached to the case.
3. After the photo is taken, the remainder of the liquid and the original container may be properly disposed.
4. The sample container will be inventoried.

Bicycles

1. Bicycles confiscated by the Minneapolis Police Department will be stored at the Property and Evidence Warehouse.
2. A bicycle can be delivered to the Property and Evidence unit, or temporarily stored in a designated space at the precinct to be picked up by the Property and Evidence Warehouse.
3. When temporarily stored at a precinct, the bicycle shall have a tag with a barcode label affixed to the handlebars.
4. Property and Evidence unit staff will be dispatched to retrieve the bicycle indicated. Bicycles without the proper labels will not be collected by the Property and Evidence unit.

Biological Specimen Collection Kits

Biological Specimen Collection Kits include: Sexual Assault Examination Kits (SAE), Urine Kits, Biological Specimen (Blood) Kits, and other appropriate containers.

1. Biological Specimen Collection Kits will be maintained in accordance with storage laws of the State of MN, guidelines from NIST, NIJ and the BCA, and national best practices.
2. Biological Specimen Collection Kits obtained by MPD employees will be kept refrigerated until tested at the BCA.
3. In accordance with P&P 7-349, all untested Sexual Assault Examination Kits (SAE Kits) should remain in storage until the kit has been submitted for testing or otherwise explicitly authorized for removal by the Lieutenant of the Sex Crimes unit.
4. No Sexual Assault Examination Kit shall be destroyed for any reason regardless of date, disposition or any previous case directive, unless directed by State law.
5. All other biological specimens (not kits) or items containing DNA evidence will be maintained in accordance with storage laws of the State of MN, guidelines from NIST, NIJ and the BCA, and national best practices.

Cash and Coin

1. All cash or coin shall be put in the custody of the Property and Evidence unit prior to the end of the shift. No cash or coin shall be stored at the precincts or at other MPD evidence locker locations.
2. All amounts of US currency shall be accounted for and submitted to the Property and Evidence unit. Employees submitting US currency shall list the denominations and document the amount of currency inventoried in the corresponding property report.
3. Foreign currency shall be placed in a separate envelope and listed as having no value. Canadian currency and coin are considered foreign currency for the purposes of inventory.
4. Cash envelopes containing more than $200.00 shall have the signature and employee number of a supervisor on the envelope. Sworn employees may issue an MPD Receipt for Currency (Form MP-3414) to the person from whom the cash was obtained.
5. For special circumstances that exist (latent prints, DNA or special handling), employees submitting currency shall indicate the circumstances in the Property Report and on the envelope or packaging.
6. For coin or currency evidence with a bio-hazard present, a “Bio-Hazard” sticker shall be applied to the outside of the packaging.

Cash- Counterfeit

1. All suspected counterfeit currency shall be put in the custody of the Property and Evidence unit prior to the end of the shift. No counterfeit currency shall be stored at the precincts or at other MPD evidence locker locations.
2. All suspected counterfeit currency shall be inventoried separate from other currency and detailed by denomination of the bill including serial numbers. Suspected counterfeit currency shall be recorded as an Article in PIMS.
3. If suspected counterfeit currency is determined to be authentic, the Property and Evidence unit shall make the proper notifications and release the currency to the rightful owner listed in the report.
4. Counterfeit currency will be transferred to the US Secret Service as soon as practical.

1. If counterfeit currency is needed as evidence for pending charges or a pending case, the investigator shall request the Property and Evidence unit hold the items.
2. If counterfeit currency has been transferred to the US Secret Service and is needed as evidence for pending charges and a pending case, the items may be returned by the US Secret Service upon request.

Cell Phones

1. Cell phones shall be put in the custody of the Property and Evidence unit as soon as practical.
2. Cell phones should be placed in “airplane” mode or powered off if possible.
3. Owner information must be included with the cell phone.
4. If a cell phone is taken by the Forensics Division or an investigator the Evidence Continuity must reflect the actual location of the item.
5. Cell phones should be released to the rightful owner immediately if not needed for evidence in a case.

Clothing

1. In accordance with the section above on items used to identify a suspect, clothing submitted to the Property and Evidence unit should be inventoried as Evidence if needed to prove identity of a suspect or hold evidence of a crime.
2. Items of clothing submitted related to a case, but which have no evidentiary value should be listed as Safekeeping so they can be returned to the owner promptly.
3. Submitting officers shall go through all pockets before inventorying clothing. If items are located in pockets, these items should be inventoried. Depending on the type of case, clothing items may be packaged in paper bags separately or together. Consult with Forensics Division personnel for specific guidance.
4. Clothing or personal items that are not needed for a case shall be returned to the individual or stored by the jail whenever possible. If not possible, the items shall be inventoried as Safekeeping.
5. See Blood Room Procedures for how to dry clothing.

DNA and Latent Print Evidence

1. Latent prints (e.g. fingerprints, palm prints, footprints) recovered at crime scenes by trained precinct officers or investigators shall be inventoried in the Property and Evidence unit and noted in the report.
2. Employees collecting items containing potential latent print or DNA evidence shall wear protective gloves during the evidence collection and inventory processes and avoid touching areas most likely to have been handled by suspects.
3. Any item reportedly handled by a suspect or arrestee during any type of assault or threatened assault shall be collected using protective gloves and held for latent print or DNA processing.
4. The reporting officer shall note in the report that the item was handled in such a manner to protect latent prints or DNA evidence, and that the item is held for latent print or DNA processing.
5. MPD personnel shall advise Property and Evidence unit personnel when items are to be held for latent print or DNA evidence processing through the Property Report and by marking the packaging appropriately.
6. Items not documented to be held for latent print or DNA processing will not be processed by the Forensics Division.

Digital Evidence and Storage Devices

1. Digital storage devices (thumb drives, CDs, DVDs, flash drives, etc.) containing evidence should be submitted in a protective sleeve, cover, or container that will offer protection for the item.
2. Electronic or digital evidence envelopes or packaging will be sealed to maintain integrity of the evidence.

Explosives, Fireworks and Hazardous Chemicals

1. Explosives, fireworks and hazardous chemicals will not be received in the Property and Evidence unit. The Bomb unit should be contacted to handle the materials.
2. When sworn employees encounter a situation involving suspected explosives, hazardous or potentially hazardous chemicals at a scene, they shall notify MECC who in turn will notify and advise Bomb unit personnel of the circumstances. Bomb unit personnel shall determine the appropriate response.
3. Commercially packaged household chemicals may be received into the Property and Evidence unit.
4. Temporary storage of hazardous chemicals, flammables, and fireworks may be done at the Property Warehouse. Absolutely no explosives will be accepted. Contact the Property Warehouse for specific instructions.

Firearms

1. All firearms and discharged cartridge casings (DCCs) shall be put in the custody of the Property and Evidence unit prior to the end of the shift. No seized or recovered firearms or discharged cartridge casings (DCCs) shall be stored at the precincts or at other MPD evidence locker locations.
2. Loaded or jammed firearms shall not be brought into the Property and Evidence unit past the locker room, with exception of sworn employees’ duty weapons.

1. If a firearm cannot be verified as unloaded, may be jammed, or is not able to be unloaded safely, it shall be secured in an evidence locker at the Property Warehouse along with an associated printed label. The condition of the firearm must be indicated on the label. A notification shall be placed with the firearm inside the locker in such a way as to notify personnel of the firearm’s condition.
2. Firearms suspected of being loaded or jammed will remain secured until cleared by MPD Range staff.

3. Firearms will be secured in such a manner as to prevent firing. The use of the safety, cable ties, trigger locks, or other devices which prevent firing are acceptable.
4. MPD employees submitting firearms shall attach a tag to the trigger guard with the barcode label applied.
5. Any required documentation of firearms in the corresponding report shall be completed by the officer.
6. When any firearm is taken into the possession of MPD, whether as evidence or safekeeping, officers shall list RECGUN as an offense code. This is in addition to any other offenses that may be included and applies in cases with no charges.
7. Entry of firearms into or clearance of firearms from NCIC will be handled by the Property and Evidence unit staff only for compliance with BCA requirements.

Food or Perishable Items

1. Items of food or other perishable items are not accepted into evidence unless there is a clearly articulated reason related to a criminal investigation.
2. Officers who encounter food or perishable items in personal property shall take photos of all items and then dispose of the items appropriately. The photos should be attached to the case, along with narrative text describing the actions.

Jewelry

1. Items of jewelry shall be put in the custody of the Property and Evidence unit prior to the end of the shift. No jewelry shall be stored at the precincts or at other MPD evidence locker locations.
2. Jewelry shall be itemized and documented in PIMS and described in a narrative text. Descriptions shall be limited to color and style versus type of metal and quality of stone. Example: gold colored ring with clear colored stones.
3. A photo of all jewelry items submitted shall be taken by officers and included in PIMS.

Narcotics or Controlled Substances

1. Narcotics or controlled substances shall be put in the custody of the Property and Evidence unit prior to the end of the shift. No narcotics or controlled substances shall be stored at the precincts or at other MPD evidence locker locations.
2. If substances are suspected to contain fentanyl or carfentanyl they shall be secured in a locker. A “Bio-Hazard” sticker shall be applied to the packaging.
3. All drugs shall be packaged separately by type (Marijuana in one package, cocaine in one package, heroin in one package, etc.). The BCA will not accept drugs of different types packaged together. Prescription medications may be put into one package.
4. Drug paraphernalia shall be submitted as an Article in PIMS and shall not be put in the same packaging as narcotics unless they cannot be separated. Glass pipes, dugouts, metal pipes, etc. should be packaged in paper envelopes.

Needles, Syringes and other Sharps

1. Needles, syringes and other sharps shall only be inventoried when containing suspected narcotics or when use is suspected in a serious crime. When kept as evidence these items shall be photographed and packaged in puncture-proof containers. Employees should not disassemble needles or syringes. The Property and Evidence unit has Syringe Safety Kits available for use when submitting syringes.
2. When needles, syringes and other sharps do not contain suspected narcotics and are not suspected as being used in a serious crime, they shall be photographed and disposed of by the officer. This shall be documented in the case report.
3. When submitting sharp items in secure lockers, a notification must be displayed that there is a sharp item. This can be done on the outside of the envelope or by a separate notice placed in the locker with the items.
4. Bio-Hazard stickers should be used if there is a suspicion of a hazard present.

Personal Containers

Personal containers may include (but are not limited to): Backpacks, duffle bags, purses, wallets, safes, suitcases, and other items that contain personal property.

Personal containers that are locked or secured

1. Due to facility and personal safety concerns, the Property and Evidence unit will not accept personal containers with unknown contents unless a search warrant to open or examine the personal container is obtained. This includes, but is not limited to, locked safes, briefcases and luggage. MPD personnel should contact the Property and Evidence unit before submitting these types of items.
2. Items held for safekeeping that are locked or secured and containing unknown contents will be opened immediately.

Personal container contents

Officers submitting personal containers are responsible for going through the bag or container to locate any items of value, money, drugs, weapons, or other notable items. Officers shall itemize all items removed from the personal container.

Viewing or Signing Out Items

Chain of custody

Recording

All persons viewing or taking custody of items from the Property and Evidence unit shall record the Evidence Continuity in PIMS.

Responsibility for items

The employee taking custody of items is responsible for those items until they are turned over to the court, returned to the owner or returned to the Property and Evidence Warehouse.

Items not returned

Items checked out of the Property and Evidence Warehouse and not returned to the unit will be documented in the following manner:

Items submitted to court

The investigator shall notify the Property and Evidence unit that the items will be submitted to court. The disposition for the items shall be updated as “To court” in Evidence Continuity.

Items returned to the rightful owner

1. Items returned to a rightful owner should be completed by Property and Evidence unit staff and will be documented in PIMS with an original signature.
2. Investigators returning items in the field to the rightful owner shall:

• Document the items in PIMS through a narrative text.
• Attach a scanned signature from the owner to the case report.
• Fill out a Property Release form (MPD-9096) with the owner, including the owner’s signature. The Property Release form shall be scanned and attached to the case report.

Items transferred to another agency or organization

The Disposition for the items shall be updated to “Transfer,” and the “Remarks” field shall be updated with the agency information. Any documentation received from the agency or organization shall be scanned and attached to the case report.

Evidence requiring testing or analysis

All persons who are not MPD employees must have authorization from the case investigator or Commander of the assigned unit to sign out items for testing or analysis.

1. The investigator or Commander giving authorization shall record that authorization in the “Remarks” field.
2. This includes evidence being transferred to outside agencies for testing (ATF, DEA, FBI, etc.).

Items for trial

1. All items checked out from the Property and Evidence unit for trial must be returned by the end of the day, unless retained by the court as an exhibit.
2. If items are retained by the court as an exhibit, the person who checked the items out must enter a narrative text in the case report prior to the end of the day.

1. Investigators shall be responsible for ensuring the narrative text is entered.
2. Property and Evidence unit staff may enter the narrative text when notified directly by the City Attorney’s Office.

3. Items left at court for trial shall remain in the custody of the court until disposition is made by order of the court.

Original video evidence

1. Original digitally recorded media of potential video evidence may be checked out from the Property and Evidence unit by Investigators, Records unit staff and paralegals. This applies to items such as CDs, DVDs, USB flash drives, memory cards, hard drives, etc. This does not include original VHS recordings.

1. When recorded media is checked out, the original recorded media shall not be altered or deleted, and data shall not be added to the original component.
2. If an investigator has removed video evidence from the Property and Evidence unit for viewing purposes and was not able to successfully view the data contained on the item, the investigator should return the item to the Property and Evidence unit. A Crime Lab Video Section Request for Services form (see Crime Lab Request for Service- Video Forensics under Forms on CityTalk) can be completed for Forensic Video Analyst (FVA) personnel to conduct an analysis of the recorded media.

2. Original VHS recordings of potential video evidence may only be removed from the Property and Evidence unit by authorized Forensics Division personnel unless a court order is presented stating that the original recording is required for court purposes.

1. A copy of an original VHS recording may be requested by completing a Crime Lab Video Section Request for Services form.
2. If there is an immediate investigative need to view an original VHS recording before a copy is made Car 21 should be contacted to initiate a callback of Forensic Video Analyst personnel.

3. Privately owned video recording systems that have been inventoried may be released after forensic video analysis has been completed and the case investigator has authorized the release in PIMS.

Checking out Narcotics or Controlled Substances

1. No narcotic drug or controlled substance shall be checked out from the Property and Evidence unit without documented authorization. Exceptions to this policy are:

• Signing out narcotics or controlled substances as evidence for court.
• Signing out narcotics or controlled substances for analysis by the BCA or other recognized scientific organization.
• Transfer of narcotics or controlled substances to another recognized law enforcement agency.

2. Any transfer of narcotics or controlled substances for training (internal or otherwise) must be authorized in writing by the Chief or Police or their designee and coordinated with the Manager of the Property and Evidence unit.

Disposition of Property or Evidence

Disposition of evidence

1. Assigned case investigators and other assigned personnel are responsible for providing the disposition of evidence and property.

1. If there is no assigned investigator for a case, Property and Evidence unit manager or supervisors may enter disposal information.
2. These dispositions will be based on the listed “Retention Guidelines” information.

2. Investigators are responsible for researching the outcome of assigned cases and entering appropriate disposal or release dates. Property and Evidence unit manager or supervisors are authorized to provide disposal orders for items of property or evidence according to the following outcomes:

Retention Guidelines

1. Acquitted: Dispositions for all items of evidence or property shall be entered in a timely manner.
2. Closed by citation: All items that will help to prove the case should be retained for at least 180 days.

1. If a warrant is issued, then items should be held until the warrant is closed and court is completed.
2. If the items need to be retained longer, the investigator or attorney should notify the Property and Evidence unit with the expected timeline.

3. Convicted: All items that will help to prove the case should be retained until the expiration of the sentence.
4. Declined or Deferred: The investigator will receive direction from the prosecuting attorney as to what is needed to move forward with prosecution. Items should be retained for the statute of limitations as an open case.
5. Dismissed: Dispositions for all items of evidence or property shall be entered in a timely manner.
6. Open: The investigator should retain all evidence for the statute of limitations for the type of case.

3. Hennepin County Model Evidence Retention Policy Guidelines may also be considered in disposal efforts. Reference the full document for specific rules.

1. Uncharged/Unsolved Cases: All felonies should be held for at least 6 years.
2. Convicted Cases: Retain all evidence until the expiration of sentence.
3. Acquitted Cases: Dispose with the consent of the prosecutor.

Auctions or sales

1. The Property and Evidence unit shall be responsible for the public auction or sale of surplus items in the custody of the MPD (except vehicles). Items may include:

• Things remaining unclaimed by owners
• Items that may not be returned to owners
• Items that are ordered by the court to be sold
• Items that cannot be associated with any criminal or civil case
• Items that otherwise would be destroyed but are in usable condition

2. Notification of public auctions or sales will be made at least 30 days in advance and be published in the official journal used by the City of Minneapolis.
3. Public auctions or sales may be published using social media or other methods to promote the event.
4. Auctions or sales shall be conducted in accordance with City Ordinances, MN Statutes and Federal Laws.

Release of Firearms

1. The firearms release process coordinator is designated by the Commander of division that oversees firearms investigations (and is generally the Lieutenant of the Firearms Release Unit). The coordinator has the authority to authorize the release of firearms inventoried in the Property and Evidence unit.

1. The release given by the coordinator is validation that the firearm is no longer needed for evidentiary purposes in connection with the criminal investigation, and has not been forfeited by court order.
2. Validation shall be documented by adding a narrative text to the associated and original reports. The disposition of all items shall be updated accordingly.

2. In accordance with MN Statutes, firearms will only be released after a background check is completed (this includes firearms held as evidence and firearms held for safekeeping). Firearms cannot be released to an ineligible person (MN Statute section 624.713).
3. After firearm release has been authorized and background checks are completed, the release of the firearm to the owner shall be arranged through the Property and Evidence unit.

1. Firearms shall be released from the Property and Evidence unit Warehouse location by appointment only.

Release of Non-Evidence or Personal Items

Items of Safekeeping

1. Property and Evidence unit personnel are able to immediately release items of safekeeping (determined by the submitting officer and assigned investigator).
2. Property and Evidence unit personnel have the authority to send a notice to the known owner or conclude that an owner cannot be determined after research.

Known owner

1. Property and Evidence unit personnel will only release property to the true owner or their designee, unless the owner waives their ownership of the property.
2. When the owner is known or discovered, a notice shall be sent to the last known address in the records management system.

1. This notice shall be sent by US Mail.
2. The proper field shall be updated in PIMS to reflect that a notice was sent including the date sent and employee number.
3. If the notice is returned, the proper field shall be updated in PIMS to reflect that the notice was returned, including the date returned and employee number. The returned notice shall be scanned and attached to the case.

3. Owners may authorize another party to retrieve property on their behalf by submitting a notarized letter establishing the authorization and authorized party.

Unknown owner or ownership waived

1. When the owner is unknown to the department, the owner has waived title, or it has been determined that the property has been abandoned, the property shall be disposed of according to unit policies or directives.
2. When property is found by a member of the general public and no known owner is determined after reasonable research, the property may be released according to the following standards:

1. Bicycles may be released to a finder with an MPD case number at their request, after thirty (30) days have elapsed (this excludes MPD sworn or civilian employees, and other City of Minneapolis employees acting within the scope of their employment at the time the property was found).
2. All property other than bicycles may be released to a finder with an MPD case number at their request after six (6) months have elapsed (this excludes MPD sworn or civilian employees, and other City of Minneapolis employees acting within the scope of their employment at the time the property was found).

3. Per Minneapolis City Ordinance 490.70 (Sale of Impounded Bicycles), any bicycle lawfully coming into the possession of the city and remaining unclaimed by the owner for a period of at least thirty (30) days may be sold to the highest bidder at public auction or sale following reasonable published notice.

Property released that was not submitted to the Property and Evidence unit

1. Any MPD employee releasing property not documented by the Property and Evidence unit shall enter a narrative text in the report or scan and attach a completed Property Release Form (MPD-9096) to the case.
2. The narrative text must include:

• An itemized list of those things being released
• The name and address of the receiving individual
• The signature of the individual above their printed name
• The ID number and type provided by the individual

Property with the serial number removed or altered

1. All property which has the serial number removed or altered, with the exception of firearms, shall be disposed of in the most appropriate manner determined by the Property and Evidence unit.
2. Firearms with the serial number removed or altered shall be destroyed during the regular disposal process.

Authority of Internal Affairs for Confiscated Property or Evidence

1. Items of property or evidence may be confiscated at any time by investigators from the Internal Affairs Unit or other law enforcement agency acting on behalf of the MPD.
2. The Internal Affairs unit Commander, or their designee, has the authority to place a hold on any property including firearms and other weapons that are seized in connection with an administrative investigation or an internal criminal investigation.
3. Property that is placed on such a hold may only be released with the authorization of the Internal Affairs unit Commander or their designee. The release given is validation that the property is no longer needed for evidentiary purposes in connection with an investigation.

Converting Property or Evidence for Department Use

1. The MPD may convert for department use evidence or found property that is not needed in a judicial proceeding when there is no known owner, or the owner no longer has a legal right to the items. Property shall only be converted for department use after a thorough, documented investigation and approval process has occurred.
2. A Precinct, Unit, or Division wishing to acquire evidence or found property for department use shall complete an MPD Property and Evidence Unit Request Form (MP-8000), available from the Property and Evidence unit manager. The form, complete with appropriate signatures, shall be forwarded to the Property and Evidence unit.
3. Requests will be fulfilled on a first-come, first-serve basis. The Property and Evidence unit, upon receiving the request will determine if the requested items are in inventory. If such items are located, Property and Evidence unit personnel shall verify the property:

• Is not needed in a judicial proceeding,
• Is not listed as a missing or stolen item,
• Does not have a known owner with a legal right to the property.

4. Upon completion of the research, Property and Evidence unit personnel will notify the requestor that the items are available.
5. If the requested items are not available, the request will be placed on file on a waitlist.
6. Once an item becomes available, the requestor will be notified to make arrangements for the transfer. The item’s disposition shall be updated as “Transfer” and the transfer shall be described in a narrative text with the case.
7. A list of items converted for use by the MPD will be maintained by the Property and Evidence unit. The list will be reviewed on an annual basis by a supervisor in the Property and Evidence unit. Items that are no longer in use by the requesting unit shall be returned for disposal as soon as practical.

Definitions