Property and Evidence Unit

How can I get my property back?

Property falls into several categories:

• Recovered Stolen

• Evidence

• Contraband

• Safekeeping

• Found

Before the Sheriff’s Office can release any property, it is first entered into a database, then processed according to the specific requirements for each category of property.

Recovered Stolen Property

Once the property is no longer needed as evidence for court, we attempt to notify the rightful owner that the property is available for release. The lead investigator, or Deputy District Attorney assigned to the case, may also request that the item be photographed and returned to the rightful owner. Property that was reported stolen to another law enforcement agency will be returned to the original agency where it will be cleared for released.

Evidence

If your property was booked as evidence, it cannot be released until the Sheriff’s Office receives a formal release from the District Attorney’s Office or the primary investigator on the case.

When a case involves asset forfeiture, both the civil and criminal cases must be complete. Before release of the property, the Sheriff’s Office must receive both an Asset Forfeiture Property Release Form from the Asset Forfeiture Deputy District Attorney, and a standard property release form from the Deputy District Attorney who handled the case in court.

Contraband

Property booked as contraband, has no evidentiary value. It is a possible hazard, or an item prohibited for the individual to possess. Contraband property will be entered into the property database and disposed of immediately.

Safekeeping

Property booked as safekeeping has no evidentiary value to the case and may be released once it is entered into the property database. However, this does not apply to firearms, drugs, or money. You must retrieve safekeeping items within the specified time or request an extension. General property (including bicycles) booked as safekeeping will be held for ninety (90) days before it is disposed of. To request an extension contact us by phone (831-755-3789) or in writing (1414 Natividad Road, Salinas CA 93906). The Sheriff’s Office will not extend the date more than one year from the date upon which we took possession of the item.

Found

Property booked as Found, generally has no identifiable owner, and is held for ninety (90) days prior to disposal. If the Sheriff’s Office can determine an owner for the property, we will mail a notification to the owner at their last known address.

If you receive notification that your property was turned in to the Monterey County Sheriff’s Office, please try to identify the following information:

• Report number under which the item was booked

• Name and address of the person who turned in the property, and

• Date the item was turned in

You can contact the Sheriff’s Records Bureau by phone at 831-755-3722. By giving them the date and the party’s name, the Records Division can research the information and provide the report number you will need to present at the Property and Evidence Unit to recover the property.

How do I file a Finder’s Claim for property I found?

If you wish to file a Finder’s Claim for property you found, tell the responding Monterey County Sheriff’s Office personnel that you want to file a Finder’s Claim. If you turn the property into a Sheriff Station you can tell the person taking custody of the property that you wish to file a Finder’s Claim. At the completion of the required ninety (90) day holding period, the Sheriff’s Office will send a notification to the address you provide. The letter will contain additional instructions about how to claim the property.

Where do I go to receive my property?

Call 831-755-3789 to find out if we have your property or to request the status on the release of your property. If your property is available for return, you can pick it up at:

Monterey County Sheriff’s Office, Property and Evidence Unit
(831) 755-3789
Monday - Friday, 8:00 am - 4:00 pm
1414 Natividad Road, Salinas, CA 93906

What type of Identification do I need to pick up my property?

You will need a government-issued picture identification card (i.e., Driver License, Military ID card, or Passport, to pick up your property). This does not include wristband ID’s issued by Correctional Facilities or Hospitals.

Why can’t I have my property immediately?

The law requires us to log and retain property until we receive property releases (See Recovered Stolen and Evidence sections).

Where is my property if it is not at the Sheriff’s Office?

The Monterey County Sheriff’s Property & Evidence Unit only receives property booked by the following agencies:

• Monterey County Sheriff’s Office

If an agency took your property that is not included in the list above, your property would be located at that agency’s property storage.

The location of your property depends on which law enforcement agency took custody of the property. If you have been incarcerated in the Monterey County Sheriff’s Jail that does not mean we received your property.

When the property is taken in the field, we have two locations where law enforcement can secure the property. Sheriff’s Office personnel retrieve property once a week from South County Station and Coastal Station and transport it to the Property and Evidence Unit in Salinas, California.

Can I let someone else pick up my property? My relative is in custody. How can I pick up his/her property?

The owner of the property can designate another person as his/her representative to collect the property, once it is available for release. To be appointed as an owner’s representative, the person will need one of three documents.

Option 1

An authorizing statement signed by the owner and notarized by a Public Notary. In the event the property owner is in custody, a social worker can arrange for a notary at the correctional facility.

Option 2

An authorizing statement signed by the owner and witnessed by an employee of the Sheriff’s Office. The witness shall print and sign their name, print badge number, title, time and date witnessed, and include a contact number so that the supplied information can be verified.

Option 3

A Property Release form available to those incarcerated at the Jail. The owner of the property shall fill out the information requested on the form, and a Monterey Sheriff’s employee will witness the signature. The property owner’s representative shall ensure that the owner’s inmate identification number (x-reference) and report number are noted. Please call the (831) 755-3789 to check that the property is available for release.

Can you mail my property to me?

To have your property mailed, you must do the following:

1. Make the request in writing AND provide a copy of your California ID
   or
   Make the request in writing AND have the letter notarized.

2. Provide a pre-paid shipping label (FedEx, UPS, or USPS) AND a container that is the appropriate size for the property.

3. When you receive your property, sign the document enclosed with the package, and mail it back to us in the envelope provided.

How long will you store my property?

The Property and Evidence Unit will store Found and Safekeeping Property for ninety (90) days before disposing of it. If you make a request in writing, we will extend the disposal date of your Safekeeping property. However, by law, we will not hold the Safekeeping General property longer than one (1) year from the date it came into the custody of the Sheriff’s Office.

Evidence will be held until it is no longer needed for the prosecution of the case. Some instances require us to maintain control of the evidence for as long as the person is incarcerated or until the person is deceased. We have no desire to keep property any longer than we legally are obligated to. We try to have victim’s and defendant’s property ready for release as quickly as the case allows.

Can be turned in only by individuals who reside in the unincorporated areas of Monterey County.  We will not accept powder, primers, or other reloading components.  Military ordnance such as mortar or artillery shells, grenades or another type of explosives are not to be brought to the Sheriff’s Office.  In cases of explosive materials, please contact the Sheriff’s Office Bomb Squad. 

How do I get my firearm back?

Before the Sheriff’s Office returns your firearm to you, we are required by law to do a background check on the owner to make sure the owner is still able to own or possess a firearm.

You must also bring a firearm lock or locking case for transportation of the firearm(s). 

Ammunition is not released at the same time as firearms. 

In addition, the Department of Justice requires:

Penal Code § 28000

Since January 1, 2014, all firearms (including long guns) release from law enforcement control must be registered to the owner (recipient). You can voluntarily register any unregistered firearm by submitting a Firearm Ownership Report to the Department of Justice, along with a $19.00 USD processing fee (check or money order made payable to the Department of Justice).

Penal Code § 33850

Since 2005, the owner of any firearm that comes into the custody of law enforcement, must submit to an extensive Department of Justice background check to determine eligibility to possess a firearm, before law enforcement can release the firearm. To submit a Law Enforcement Gun Release Application (LEGR), fill out the form with the required fee.

The DOJ will send you a document for each firearm you registered. They will also send a two (2) page letter stating that you are either eligible or ineligible to own or possess a firearm. The first page of this letter has three boxes, and the top one should be checked. If the second or third box is checked, the Property & Evidence Unit CANNOT release your firearm. Immediately contact the Property & Evidence Unit to determine the error so that it might be corrected before the letter expires. The second page of this letter will have a gold foil seal of the state of California affixed to it. The first page will have a date at the top of the page. You will have thirty (30) calendar days (not business days) to retrieve your firearm. You shall bring your picture ID, the letter for each firearm, and the report number for the case in which the firearm was taken, to the Property & Evidence Unit to claim your firearms. If you do not claim your firearms within thirty (30) days, you will have to re-apply to DOJ and pay the LEGR fees again.

You may file your DOJ applications and pay the fees electronically through California Firearms Application Reporting System (CFARS). The website uses the California Reporting Information System (CRIS), allowing you to report your firearms to the DOJ.

Why does the Sheriff’s Office have to do a background check on me when I own the firearm?

We do this as a courtesy, to save those who will get denial letters the cost of their application to DOJ. In 2005, the law changed and now requires the owners of all firearms that come into the possession of law enforcement, to file a Law Enforcement Gun Release Application. The fee is $20.00 (USD) for the first firearm and $3.00 for each additional firearm. The charges are to pay for DOJ’s cost of researching the owner’s and the firearms’ backgrounds. DOJ sends denial letters to those owners who are no longer eligible to own or possess guns.

How long does the DOJ application process take?

DOJ has thirty (30) days to process your applications. However, it may take up to as much as ninety (90) days. Using the California Firearms Application Reporting System (CFARS) website may expedite the process.

My firearm was reported stolen to another law enforcement agency and recovered by the Monterey County Sheriff’s Office. How do I get it back?

When the Sheriff’s Office recovers a firearm that was reported stolen from another jurisdiction, we notify the law enforcement agency that we have the firearm in our possession, and it is being held for evidence. Once we are notified that the firearm is no longer needed as evidence, we process the firearm for return to the agency where the stolen report was made. The reason the firearm is returned to the reporting agency, and not to the owner, is that the agency will know if there has been an insurance payout (making the insurance company the owner of the weapon), or if it is needed for further prosecutions. Additionally, the agency who received the stolen firearm report will need to process the firearm and remove it from the automated firearms system.

My firearm was reported stolen to the Monterey County Sheriff’s Office and was recovered by the MCSO or another agency and sent to the MCSO. How do I get it back?

When the Sheriff’s Office recovers a firearm that was reported stolen, the owner will be notified of the recovery, and when it becomes available for release, we will send the owner a notification letter. The letter will inform the owner that the firearm has been recovered and will include any applications that need to be submitted to DOJ. This letter will include a Fee Waiver for the Law Enforcement Gun Release application for the recovered weapon. Once the owner receives the eligibility letter (LEGR) from DOJ, the owner should call the Property & Evidence Unit (831-755-3789). The owner has 30-days from the date of the letter to arrange an appointment to recover the firearm.

How long do you hold the firearms before destroying them?

For firearms that are booked for Safekeeping, we will hold them for six (6) months. If no inquiries into their release are made during that period, they will be scheduled for destruction. If a firearm is booked as Safekeeping due to a Domestic Violence case or a Restraining Order, we review the case one (1) year from the confiscation date. If there have been no inquiries as to their release within the year, they will be scheduled for destruction. Once a firearm has been cleared to go back to an owner, we hold it for six (6) months, after which the firearm will be scheduled for destruction. If the owner is having problems with DOJ, the owner needs to contact us and inform us of the situation; we will work with the owner to provide more resolution time.

If a firearm owner receives a denial letter from the Department of Justice (DOJ) or is told by the court that they can no longer own or possess a firearm, the owner should inform us of this fact. In some cases, we can allow the owner to sell or transfer the firearm. In the event, we allow the owner to sell or transfer the firearm; the owner shall obtain a DOJ sell or transfer form from the Property & Evidence Unit. Sheriff’s Office personnel will witness the owner’s signature (saving them a notary fee), and then the owner may take the form to a federally licensed firearms dealer (FFL) of their choice. The FFL may retrieve the firearms from us and sell or transfer the ownership of said firearms, as instructed by the owner. The FFL may charge a fee for this process. The Property & Evidence Unit does not receive any compensation from the FFL and will not recommend any particular FFL to the owner.

*Mental Health Incidents-Notice of Rights: If you were detained under Welfare and Institutions Code 5150and subsequently admitted to a mental health facility, you are prohibited from owning, possessing, and controlling firearms for a period of five (5) years in California.  If you currently own any firearms, you must contact the nearest law enforcement agency to surrender those firearms. 

If the firearms and/or other deadly weapons were confiscated from you pursuant to Welfare and Institutions Code 8102, a report of the details surrounding the confiscation of those items may be given to the Monterey County District Attorney’s Office.  The Monterey County District Attorney’s Office must file a petition with the Monterey County Superior Court within 30 days, alleging that the return of the items would likely result in endangering your or others, otherwise the items must be returned to you if you are not prohibited from possessing firearms.  If the Monterey County District Attorney’s Office does file such a petition, you have a right to a hearing on the question of whether returning these items, would, in fact, likely result in endangering you or others.  A copy of the Monterey County District Attorney’s petition will be mailed to you at the address you provided to the Monterey County Sheriff’s Office.  If you wish to have a hearing, you must notify the clerk of Monterey County Superior Court within 30 days of the filing date of the Monterey County District Attorney’s Office.  The clerk will then set a date and time for such hearing and a notification will be mailed to you. 

Why can’t I have my medication back?

We do not return prescription medication or over-the-counter medication. For prescription medication, we will release the empty container with the prescription label on it. You may have your doctor call us, and we will explain what happened to your medication. We cannot identify the integrity of the medication; therefore, we destroy all such substances.

Can I get my marijuana back?

Even though marijuana is legal in California, it is still illegal under Federal Law. As a Law Enforcement Agency, we are held to both State and Federal standards.

A waiver form will need to be signed prior to release.

The Monterey County Sheriff’s Office took my money when I was arrested. How can I retrieve it?

If the Monterey County Sheriff’s Office seized your property, then you should call 831-755-3789 (Sheriff’s Property) and request the status on the release of your property.

To find out more information please contact us.

If your case is adjudicated, then you will need to sign a money release and a check will be mailed to you in 6-8 weeks. However, if the amount was over $500.00 and you were charged with a narcotics crime, it may be asset seized.

Why do I have to wait so long before I can get my money back? If my case was dropped/no charges filed, why can’t I have my money back now?

We have to verify that it is your money and process the paperwork through the Sheriff’s Office Fiscal Division and Monterey County Auditor’s Office, and they will mail the check to you.

The officer/DA told me to call/come by the Property & Evidence Unit, and I could pick up my money?

The DA’s office and the officers are not always aware of all our policies and procedures for releasing property. If your case is adjudicated, then you can sign a money release, and the process of returning your money to you will begin.

Why does my money have to go through the Sheriff’s Fiscal Division and the County Auditor’s office?

The Sheriff’s Office does not keep any cash within the Property & Evidence Unit. Cash is deposited into an account administered by the County Auditor’s office. The County Auditor is the office that processes and mails the checks.

What if I do not live in Monterey County, how can I get my money back?

If you do not live within in the Monterey County area, you can send us a notarized letter with the report number, your name and address, and a copy of your ID (Driver License, Military ID card, or Passport), and we will process the paperwork. The check will be mailed to the address you provide in 6-8 weeks after processing.

Why is my money in evidence? Also, how long will that take?

If your money was booked as evidence, the Sheriff’s Office will not release money until the case is adjudicated, or the District Attorney’s Office or Detective/Officer tells us to release the money.

My friend/relative is in jail/prison, and they want me to pick up the money on their behalf. What do I need to do?

The owner of the property can designate another person to be his/her representative to collect the property, once it is available for release. To be appointed as an owner representative, the person will need one of three documents.

Option 1

An authorizing statement signed by the owner and notarized by a Public Notary. In the event the property owner is in custody, a social worker can arrange for a notary at the local correctional facility.

Option 2

An authorizing statement signed by the owner and witnessed by a deputy or non-sworn employee of the sheriff’s office. The witness shall print and sign their name, print badge number, title, time and date witnessed, and include a contact number so that the supplied information can be verified.

Option 3

A Counter Release form available to those incarcerated at the Jail. The owner shall fill out the information requested on the form, and a Monterey County Sheriff’s employee will witness the signature. The property owner’s representative shall ensure that the owner’s inmate identification number (x-reference) and report number under which the property is noted. Please call the Property & Evidence Unit to check that the property is available for release.

What do I do if I owe money to the Department of Revenue & Recovery?

If you owe any money to the Department of Revenue & Recovery, we are obligated to send them what you owe, including money that is owed as a result of court fines, fees, restitution, or any other judgment made by the court.

The Property & Evidence Unit does not authorize the release of vehicles.  Please contact the Sheriff’s Record’s Division at 831-755-3722.

Once authorized by the Records department, Vehicle releases are conducted by appointment only.  Please contact the Property & Evidence Unit.