Property Release

Property is released BY APPOINTMENT ONLY, Monday through Thursday, between the hours of 8:00 a.m. and 3:30 p.m. Click HERE to submit a property return request.

You may also email policeproperty@newark.org or call (510) 578-4857 to inquire about property release.  In your message, please include a detailed message including your name, date of birth, phone number or email address, and case number.

Found Property

The California Civil Code requires found property with a value of $100.00 or more be turned over to the police department. The police department will provide you with a property receipt.  If the item is not claimed by the owner(s), you can claim the found property 90 days after it was surrendered to the police department.  Items will be held for 90 days to allow rightful owners time to claim their property. It is the finder’s responsibility to contact the Property Clerk regarding the procedure to obtain property.  If you are the finder of property, contact the Property Clerk regarding found items prior to the conclusion of the 90 day waiting period.  Weapons and some items containing personal information will NOT be released.

If you locate an item of value, please contact the police department as soon as possible.  The item(s) you found may not be lost, but actually stolen.  These items may become an important part of a police investigation.  Found property may be surrendered at the police department or you can contact police dispatch and an officer will meet you at your home to collect the property.

Safekeeping Property

The property MUST be claimed within sixty (60) days or it will be disposed of in accordance with section 2080.10 of the California Civil Code.  Any property NOT claimed within sixty days of the date it was received by the Newark Police Department will no longer be available for release.  If you are unable to claim the property within the sixty day time period, you may give written authorization to another person on your behalf.  In the event that you are incarcerated or otherwise unable to retrieve the property yourself or with assistance, you may make a WRITTEN REQUEST for the department to hold your property for an additional ten (10) months.

All written requests can be mailed with attention to:

Property & Evidence Division
Newark Police Department
37077 Newark Boulevard
Newark, CA 94560

Evidence

Questions related to the release of evidence should be directed to the Property Clerk at least 30 days after the seizure date. Items held for evidence may only be released after any prosecution of the criminal case is completed and 90 days after court adjudication of the case. The District Attorney’s Office must approve the release or return of all evidence used in a criminal case. You may contact the DA’s Office at (510) 795-2500 to inquire about the status of your case.

Search Warrant, Item(s) Seized as a Result

If your property was seized as a result of a search warrant, you must obtain a valid court order in order to retrieve your property.

Stolen or Embezzled Property

Pursuant to Section 1413 of the Penal Code, upon the filing of 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 claiming to be the true owner.  If criminal charges are filed, you may ask the court that hears the case to review the decision of this department concerning the return of property.  You have 15 days from the date of notice to assert any rights you may have concerning 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 Clerk in writing within 15 days of notice if you wish to make a claim.

Firearms

Contact the Property and Evidence Unit to inquire about the release of your firearm.  Once we have been contacted, we will evaluate the request and notify you if your firearm is available for release, as well as the steps that need to be taken prior to the release of your firearm.

Domestic Violence Related - Notice of Rights

Unless the items confiscated from you are to be used as evidence in any criminal procedure, the firearm(s) shall be made available to you from the law enforcement agency within five (5) business days after the seizure or as soon thereafter as possible. You will then be required to obtain a DOJ gun clearance as described in the “Mental Health Incidents – Notice of Rights” section of this document.  If, within this time, the law enforcement agency believes the return of these items will likely result in endangering the victim or person reporting a domestic violence assault, you will be advised, and within 60 – 90 days of the seizure, a petition will be initiated in Superior Court to determine if these items should be returned.

Mental Health Incidents – Notice of Rights

If you were detained under section 5150 of the Welfare and Institutions Code and are subsequently involuntarily 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 firearms and/or other deadly weapons were confiscated from you pursuant to section 8102 of the Welfare and Institutions Code, a report of the details surrounding the confiscation of these items may be given to the county prosecuting agency or City Attorney’s Office. The prosecuting agency must file a petition in the County Superior Court within 30 days of the incident, alleging that the return of these items would be likely to result in endangering you or others, or the items must be returned to you by the law enforcement agency if you are not otherwise prohibited from possessing firearms. If the prosecuting agency does file such a petition, you have a right to a hearing on the question of whether returning these firearms would, in fact, be likely to result in endangering you or others.  A copy of the prosecuting agency’s petition will be mailed to you at the address you provided to the law enforcement agency. If you wish to request a hearing, you must notify the clerk of the County Superior Court within 30 days of the filing date of the prosecuting agency’s petition.  The clerk will then set a date and time for the hearing and a notification will be mailed to you.

Destruction of Weapons

Please do not bring loaded weapons to the police department. If you have handguns, rifles, shotguns, or any other type of weapon that you own and want to discard, you can bring it to the police department to be turned in for destruction. You can also call the police department and an officer will respond to your home to collect the weapon.  If you are not sure how to operate the weapon, one of our officers will handle that for you. Weapons turned in to the police department for destruction will not be released.

Explosives

Please do not bring explosives, chemicals, or hazardous materials to the police department…CALL (510) 578-4237.

If you encounter such an item, DO NOT TOUCH, HANDLE, OR ATTEMPT TO MOVE IT YOURSELF. The police department will determine the proper way to remove the item in a safe manner. Old explosives, fireworks, ammunition, and chemicals can become very unstable and sensitive to movement.  When handled incorrectly, these items can explode. Specially trained experts must handle these items.  An officer will respond to your home and inspect the item before contacting trained experts to remove it.