Division 2. Property in Police Custody

This Division shall not be applicable to motor vehicles of whatever nature, to controlled dangerous substances as defined by Article 27, Section 276 through 302, Annotated Code of Maryland, or to property acquired for use by the Police Department.

The Chief of Police, or his designee, is authorized to extend the period of police custody of property:

The Chief of Police is authorized to appoint or designate either sworn or civilian employees of the Police Department to act as property custodians. The property custodians shall keep a complete record, under the direction and supervision of the Chief of Police, of all property and money coming into their possession under the provisions of this Division. The record shall include, among other pertinent information:

Every member of the Police Force, the Sheriff and all deputies, the County Medical Examiner and all other law enforcement officers shall, within forty-eight (48) hours, deliver to the property custodians for immediate registering in the property record book all property and money coming into their possession in any manner whatever by reason of their official duties. The property custodians shall give a receipt for and retain all such property except as provided in Subsection (b) of this Section.

In every instance in which a law enforcement officer or member of the State's Attorney's office informs the property custodians that such property is required to be retained by such officer for the time being for the purpose of investigating crime or for use as evidence in the trial of a criminal case, the property custodians shall, after duly registering such property, return the property to the officer for such purpose. All property thus returned to any law enforcement officer or member of the State's Attorney's office shall, after having served its purpose for investigation or as evidence, be redelivered to the property custodians who shall then give a receipt for the property.

The Chief of Police shall file with the County Executive of Prince George's County, Maryland by the 31st day of July of each year, a report, in writing, under oath, of all property sold or otherwise disposed of as of the last day in June, pursuant to this Subtitle.

The Police Department shall maintain custody of all personal property, equipment, incidental articles, and currency which may be turned over to, found, recovered or otherwise acquired or possessed by the Police Department.

Upon the receipt by the Police Department of any personal property, equipment, incidental articles, or currency which is claimed to have been found by the person turning over such property to the Police Department, the Police Department shall inform that person that he is entitled to request the return of the property if the owner of the property fails to claim it within three (3) months of the date that the property is turned over to the Police Department. An appropriate claim form will be supplied the finder.

Return to owner.

Property held in police custody for three (3) months, or for three (3) months after notification to the purported owner, whichever is later, may be disposed of as follows:

The Chief of Police shall transfer to the County Purchasing Agent all unclaimed property under this Division. The County Purchasing Agent shall have the authority to assign serviceable confiscated property to County or County supported agencies in lieu of purchasing new or additional stocks of the same or similar articles. In lieu of assignment of such commodities to County use, the County Purchasing Agent may, pursuant to the provisions of Section 10-164(a) of this Code, dispose of serviceable confiscated property through one of the following methods: competitive bid sale, competitive spot bid sale, competitive auction sale; trade-in; or exchange for goods which are of current need. He may negotiate a sale when the above methods are inappropriate or have failed to produce a fair price or value. Nonserviceable property may be disposed of through destruction. The proceeds of all items sold may be paid to the general operating fund of Prince George's County after deducting the costs of the sale, or may be paid, upon due appropriation measure, to the treasury of the Crime Solvers of Prince George's County, Inc., for the sole purpose of paying rewards to those responsible for supplying information that leads to arrests and indictments. In the event of the dissolution of Crime Solvers of Prince George's County, Inc., a similar organization in cooperation with the Prince George's County Police Department may receive such funds.

The Chief of Police may destroy any confiscated weapon or firearm which is not serviceable or which he feels is dangerously or irregularly constructed. He may either retain for the official use of public law enforcement officers any confiscated handguns or automatic firearms regardless of condition, for purposes of obviating the possibility of handguns or automatic firearms being recycled into the possession of the criminal element or he may transfer to the County Purchasing Agent any weapons or firearms. The County Purchasing Agent may utilize any of the sale, exchange, or trade-in methods stipulated under Subsection (a); provided, however, the weapons may only be sold, exchanged, or traded in only to gun dealers who are registered pursuant to Article 27, Section 443 of the Annotated Code of Maryland. The proceeds of such sale shall be paid to the General Operating Fund of Prince George's County after deducting the costs of the sale.