7.060 - Releasing Evidence

Effective Date: 05/07/2019

7.060-POL

This policy applies to all employees releasing property and evidence.

1. Employees Respond to Requests to Release Property and Evidence

Employees will reply to requests to release property and evidence from the Evidence Unit or the Records.

Employees receiving a Law Department email decline will complete a  Property Release Supplement and send it to the Evidence Unit.

Sergeants receiving a request to review a case and dispose of related evidence or property will release the evidence or assign the responsibility to a detective or officer.

2. Employees Release Evidence No Longer Needed for Law Enforcement Purposes

Employees will release property using the Property Release Supplement.

Employees will release property to the “owner or their agent” or to the “Director for disposal”.

If the employee cannot respond to the request due to extended leave or other reason (e.g., separation), the employee’s sergeant or supervisor will respond to the request.

7.060-TSK-1 Employee Releasing Evidence

1.Investigates and determines if the evidence or property is needed by the Department.

2a. If the evidence is from a felony:

• Reviews the Report
• Checks the statute of limitations-See: How to check on the statute of limitations
• Checks the King County Prosecutor’s web page to learn the status of the case
• Checks the suspect for warrants associated with the case
• Directs questions about the case to the appropriate follow-up unit supervisor

2b. If the evidence is from a misdemeanor:

• Reviews the Report
• Checks the statute of limitations-See: How to check on the statute of limitations
• Checks Seattle Municipal Court web page to learn the status of the case.  See: How to access the SMC
• Checks  the suspect for warrants associated with the case
• Directs questions about the case to the appropriate follow-up unit supervisor

3. Determines if the evidence is: released to the owner of the property, released to the Director for disposal or retained by the Evidence Unit.

4a. If the property is released to the owner:

• Determines if the owner can show reasonable proof of ownership and may legally possess the property.
• If the owner cannot possess the property, the employee will release the property to the “Director for disposal”.(No letter is necessary if the property is disposed of)
• Completes and Mails the owner a hard copy of the Evidence_and_Property_Release_Notice (form_13.9)
  • Note: A phone call does not meet the legal requirement for proper notification

Note: The Evidence Unit does not make owner notifications.  

• Sends a copy of the completed Evidence_and_Property_Release_Notice (form_13.9) to Data.
• Sends the Evidence Unit a completed Property Release Supplement.
• Checks “Release to owner” on the V-Mail template, and fills in the owner’s name, address, how notified and date notified.

Note: The Property Release Card (form 7.10) is no longer Authorized

4b. If the property is released to the Director for disposal:

• Checks the appropriate box on the Property Release Supplement

4c. If the property is retained:

• Checks the appropriate box on the Property Release Supplement
• Completes the explanation why the property is retained in the comments section.

5.Sends the Evidence Unit a completed Property Release Supplement. 

• The Evidence Unit will not accept a hard copy  Property Release Supplement