(You or your authorized representative must call and make an appointment. If items are to be released to a representative, they will need written authorization from the owner and valid photo identification).
It is your responsibility to contact the Property Section promptly if you wish to claim your property. Property will not be held longer than charges allow. Please review the charge related directions to recover your property. If there is a special circumstance or need for an item, contact the seizing officer for direction. If you know the charges are filed with the District Attorney's office, contact them for a Release Request. Please provide your case number when calling.
Felony / Misdemeanor Arrest: Evidence will be held for 60 days from the date of sentencing. If not claimed by the owner 15-days following the 60 day period, items will be considered unclaimed and disposed of per Napa Sheriff's Dept. Policy.
If no arrest has been made or no suspect identified: Evidence may be held up to 1 year or longer, depending on the status of the case.
Items submitted as evidence, will only be released if the District Attorney or Case Officer authorizes the release to you or you present a Napa Court Order.
Property taken from you is allegedly stolen or embezzled. Pursuant to Penal Code Section 1413, you must file a Declaration of Ownership, and after you have been given an opportunity to be heard on the matter, the property may be turned over to the person who claims legal ownership. If criminal charges are filed, you may ask the Court who hears the case to review the decision of the Napa Sheriff's Dept., concerning the return of the property taken from you. If you choose to waive your rights, such action may not be held against you in any criminal proceeding. You must notify the Property Section in writing within 15 days of this notice to assert your rights and make a claim.
Property taken for safekeeping will be held for a period of 60 days for pick up by the owner. Items not claimed will be disposed of according to the law. (Weapons seized for safekeeping are subject to further requirements before release and will be discussed with you on specific issues).
Found property will be held for 90-days. If you signed to claim the property, at the end of 90 days you will be contacted by mail to make an appointment for pick up. If the items are not claimed within 15 days of mailing date, the items will be disposed of according to Napa Sheriff's Dept. Policy. (Weapons, ammunition, alcohol and drugs cannot be released).
The weapon will be held a minimum of 48 hours. If no charges have been filed, you may request the return of the weapon following Napa Sheriff's Dept. Protocol. A criminal record check will be required. If charges have been filed, written authorization from the assigned Investigator, District Attorney, or a Napa Court Order will be required. Weapons unclaimed after 12 months will be disposed per statute.
The County may initiate a petition in Napa Court to determine whether the return of your weapon would result in endangering either yourself or others. If the County initiates the petition, you have 30 days to file a written response requesting a hearing date with the Napa Court Clerk. If you do not respond to the clerk within 30 days your confiscated weapon/s will be forfeited. All other property will be disposed of after 60 days.
SEARCH WARRANT 1536 P.C.
1536 P.C. requires a Napa Court Order for release. Contact the Napa County Court for a Court Order for release of the property.
Prior to release of firearms, entry is to be made into DOJ Restraining Order System and Denial Review Program to confirm the expiration of Relinquishment Order, and confirm not otherwise prohibited. Firearms unclaimed after 12 months from expiration of order will be disposed of.
Firearms must be transported safely and in accordance with state/federal laws: http://oag.ca.gov/firearms/travel.