A. A police officer will inventory the personal property in the
possession of a person taken into police custody and such inventory will be
conducted whenever:
1. Such person 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 person will be transferred to another law enforcement
agency, correctional facility, or "treatment facility" as that phrase is used
in ORS 426.460 or such other lawfully approved facility for the involuntary
confinement of persons pursuant to Oregon Revised Statute.
B. The purpose of the inventory of a person in police custody will be
to:
1. Promptly identify property to establish accountability and avoid
spurious claims to property; or
2. 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; or
3. Assist in the prevention of theft of property; or
4. Locate toxic, flammable or explosive substances; or
5. Locate weapons and instruments that may facilitate an escape from
custody or endanger law enforcement personnel; or
6. Reduce the danger to persons and property.
C. Inventories of the personal property in the possession of such persons
will be conducted according to the following procedures:
1. An inventory will occur prior to placing such person into a holding
room or a police vehicle, whichever occurs first. However, if reasonable
suspicion to believe that the safety of either the police officer(s) or the
person in custody or both are at risk, an inventory will be done as soon as
safely practical prior to the transfer of custody to another law enforcement
agency or facility.
2. To complete the inventory of the personal property in the possession
of such person, the police officer will remove all items of personal property
from the clothing worn by such person. In addition, the officer will also
remove all items of personal property from all open containers in the
possession of such person.
3. A closed container in the possession of such person will have its
contents inventoried only when:
a. The closed container is to be placed in the immediate possession
of such person at the time that person is placed in the secure portion of a
custodial facility, police vehicle or secure police holding room;
b. Such person requests that the closed container be with them in
the secure portion of a police vehicle or a secure police holding room; or
c. The closed container is designed for carrying money and/or
small valuables on or about the person including, but not limited to, closed
purses, closed coin purses, closed wallets and closed fanny packs.
D. Valuables found during the inventory process will be noted by the
police officer in a report as directed by the Chief of such officer’s
department.
E. All items of personal property neither left in the immediate
possession of the person in custody nor left with the facility or agency
accepting custody of the person, will be handled in the following manner:
1. A property receipt will be prepared listing the property to be
retained in the possession of the respective police department and a copy of
that receipt will be tendered to the person in custody when such person is
released to the facility or agency accepting custody of such person;
2. The property will be dealt with in such manner as directed by the
Chief of such officer’s department.
F. All items of personal property neither left in the immediate
possession of the person in custody nor dealt with as provided in Subsection
14.10.040 E. above, will be released to the facility or agency accepting custody
of the person so that they may:
1. Hold the property for safekeeping on behalf of the person in
custody, and
2. Prepare and deliver a receipt, as may be required by ORS 133.455,
for any valuables held on behalf of the person in
custody.
|