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5.5.1 - Search & Seizure Authority

All searches and seizures must rest on an applicable lawful basis, such as valid consent, warrant, probable cause with a recognized exception, or another authority under the controlling DPS and DOJ rules. Appearance on an item list does not itself authorize a search or confiscation. Officers shall distinguish illegal possession from lawful ownership of an item that may also be used in criminal activity.

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5.5.2 - Mandatory Seizure When Lawfully Encountered

The former 6.1.1 listed the following for seizure when unlawful possession, contraband status, or other lawful seizure grounds are established:
  • Illegal firearms.
  • Explosives, including thermite.
  • Weapon attachments or weapon blueprints when illegal or connected to an offense.
  • Dirty money / proceeds of crime when legally established.
  • Narcotics in illegal quantities or under otherwise unlawful possession.
  • Stolen identification cards, with ownership verified and documented.
  • Advanced or basic lockpicks when unlawful or used in a crime.
The old heading said “always confiscated,” but several listed items may be lawful absent a qualifying offense. This merged rule preserves their enforcement categories while requiring lawful seizure grounds. Command and DOJ should confirm item-specific contraband classifications.

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5.5.3 - Conditional Seizure

Items may be seized when there is an articulable legal connection to criminal conduct, including:
  • Jewelry identified as stolen or robbery proceeds (for example, Vangelico).
  • Prescribed drugs or otherwise lawful quantities of substances, only where legal seizure grounds exist.
  • Boosting laptops, USB devices, and related equipment used in vehicle theft/boosting.
  • Hacking tools or blue lockpicks linked to burglary or other criminal offenses.
  • Melee weapons used in violent offenses or threats.
Document the facts connecting each conditionally seized item to the investigated offense; generic suspicion or mere possession is insufficient.

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5.5.4 - MRPD Evidence Lockers

  • Evidence is stored in the MRPD Evidence Room — Lower Level, Right Side, subject to later authorized facility assignments.
  • Personnel must be on duty/clocked in to access evidence lockers.
  • Store case evidence under the corresponding incident/report number, including evidence connected to an arrest.
  • Log collection, transfer, and storage promptly to maintain chain-of-custody integrity.
  • Locker 999: Miscellaneous turn-ins and designated destructive/hazardous items, following authorized handling procedures.
  • Locker 300: Community food/items; not ordinary evidentiary property.
  • Non-case items do not belong in a case evidence locker unless the designated turn-in process applies.

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5.5.5 - Chain of Custody & Reporting

Record the item description, officer, collection location/time, legal basis for seizure, related report number, locker/location, and every transfer. Use specialized hazardous-material procedures where required. Do not destroy, return, or transfer evidence without proper authorization. Retain or release property according to controlling property disposition rules. This page governs evidence handling. Routine custody searches and prisoner transport are covered by Section 3.7; K9 indications by the K9 specialized policy; force-related evidence and OIS documentation by the Full Use of Force Policy.