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Unclaimed property in Arizona can change hands after 30 days

Posted 1/25/20

When evidence comes through law enforcement, what happens when it clears an investigation? And what happens to lost and found items?

In Arizona, state and local laws determine the next steps for …

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Unclaimed property in Arizona can change hands after 30 days

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When evidence comes through law enforcement, what happens when it clears an investigation? And what happens to lost and found items?

In Arizona, state and local laws determine the next steps for agencies in getting rid of evidence and unclaimed items.

According to Arizona Revised Statutes 12-945, if the owner or person entitled to property in an agency’s possession has not taken it away after 30 days’ notice, the property may be sold. The proceeds are paid to the general fund of the jurisdiction from which the unclaimed property was received.

Also, ARS 12-944b says items with a value of $150 or more shall be published, or a notice to be posted, for any “found” property prior to final disposition, which is 30 days.

After those 30 days, any unclaimed property is free for the agencies to do one of several things. According to state and local laws, that can be selling the items, donating them or destroying them.

At the El Mirage Police Department, Jason Michael is in charge of any “found” property, which includes safekeeping items that are being held for any individuals who were temporarily incarcerated, as well as those items that were taken as “evidence” — which may belong to the suspect or victim of that case — after adjudication if standard efforts fail.

El Mirage police said Mr. Michael sends out a 3x5 card to the last known address, which expires after 30 days. The city also uses social media channels to publish an “Unclaimed Property Listing,” with the property type, the owner’s name, and contact information.

"Majority of the evidence that makes its way into the warehouse is drug paraphernalia and drugs followed by documentation used for a case during its investigation," said El Mirage police Sgt. Robert Peoples. "Drugs are incinerated once the case has been adjudicated/containers with alcohol are dumped and thrown away."

Scottsdale police Sgt. Ben Hoster said his agency’s procedures for lost or abandoned property are closely prescribed by Arizona law and/or city code. 

As far as evidence goes, Mr. Hoster said the department has a large quantity of clothing and household items.

After an investigation is complete, evidence is disposed of depending on what it is. Mr. Hoster said drug evidence is destroyed, while personal property is returned to the owner. There is no cost to public, he said.

Scottsdale police — like most agencies — encounter drugs and alcohol during investigations. Mr. Hoster said a hazardous waste disposal vendor that the agency maintains a contract with will dispose those items.

The agency also sees lost and found items coming through its doors. Mr. Hoster said the number of citizens and officer bringing in lost/found items are about even.

“Citizens, visitors, and City personnel can submit found items to any Police Station,” Mr. Hoster said. “Every effort is made to identify and notify the owner.”

All a citizen needs to reclaim their property is a picture ID.

The agency tries to inform property owners that their items are either found or cleared from an investigation and can be collected.

According to ARS 12-941, agencies can retain and use certain unclaimed items that have a useful value to the agency. That can include firearms, equipment, etc.

“Very few items are retained for department use,” Mr. Hoster said about Scottsdale Police. “This year some unusual weapons and other items were retained for the training unit.”

Among those were a Harrington and Richardson .22 rim fire 7-shot revolver, a Bayard semiautomatic handgun, and a single-action 22LR magnum revolver.

In addition, ARS 12-945 lets an agency sell property if its owner doesn’t claim it in 30 days. Scottsdale’s municipal code calls for the agency to dispose, donate or sell the items.

Any proceeds from selling items, or if the property is money, goes towards the city’s General Fund.

Kelly Corsette, director of Communications & Public Affairs for Scottsdale, said the collection of unclaimed property sales is recorded in the General Fund under “Charges for Service Other.”

“When Police deems an item as unclaimed property, it is sent to the warehouse and becomes part of the city surplus inventory, which is sold at auctions,” she said. “This revenue is then recorded in Purchasing Department as a whole — so we can’t break out the auction revenue for PD unclaimed property separately from the city’s overall surplus auction sales.”

In an email, Scottsdale’s total surplus auction sales from Fiscal Year 2018 to Fiscal Year 2020 (YTD) are $152,442; $178,447; and $71,086. Fiscal years usually end June 30.

However, there is one caveat, Ms. Corsette said. The sale of unclaimed vehicles and firearms is recorded with the police department since they are sold separately — and are not part of the overall surplus auction sales for the city.

In the current fiscal year, $16,503 worth of unclaimed vehicles and firearms have been sold, while $44,428 and $10,505 of those items were sold in FY18 and FY19, respectively.

At the state level, the Arizona Department of Public Safety handles unclaimed property in a similar fashion, either by retaining items or sending them to state auction if not claimed within 30 days.

On its website, DPS lists two notice documents, one which appears to be from 2018 and the other from May 2019 — way over 30 days ago. The agency’s section on unclaimed property says any claimant who can display proof of ownership to any item of property listed should contact DPS’ Property & Evidence unit between 8 a.m. and 4 p.m. Monday-Friday, except state holidays.

DPS spokesman Bart Graves said the May 2019 posting on the website is the most recent, with postings only required for items that qualify under ARS 12-944 — there is an unknown owner, and the item is valued above $150.

“There are not many items that meet these requirements since the owner is usually known,” Mr. Graves said.

DPS says when a trooper notifies the agency’s Property and Evidence Unit that an evidence item can be returned to the owner, the item is designated as “property for safekeeping” pending the return of the item to the owner or their designee. A letter is sent via mail to the most current address for the individual authorized to receive the item.

DPS says letters are sent to owners for all items where an owner has been identified. If the owner does not respond, the items are disposed of and are not required to be posted to the public. If the item has no known owner and is valued at more than $150, then a notice is posted listing the items on the DPS website under “Claiming Personal Property.”

Per Arizona law, if property remains unclaimed after 30 days, DPS can either trash or donate the items, sell it at auction or retain it for use.

However, Mr. Graves said DPS has not retained any unclaimed property for department use since November 2018.

“Typical items that have been retained in the past have been items such as cameras, computer equipment, phones, tools, and firearms,” Mr. Graves said. “All requests for retained items have to state the purpose for which the retained item will be used.”

Like with Scottsdale, any items that garner monetary gains — proceeds from auction, sale of scrap metal, and currency deposits — from the disposal process are deposited in the State General Fund.

“The amount can fluctuate significantly from year to year,” Mr. Graves said, providing the totals for each of the past four fiscal years:

2016: $93,626.25

2017: $31,404.60

2018: $55,558.18

2019: $131,821.42

Keep in mind, the General Fund for the state is in the billions of dollars, so those items likely aren’t contributing much to Arizona’s coffers.