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The Property and Evidence Unit is a division of the Criminal
Investigation Division. The Property and Evidence Unit is responsible
for the safe and secure storage of thousands of articles of property
which are submitted to the unit as evidence for criminal cases or
for safe keeping by officers of the Clayton County Police Department.
Located on the ground floor of the Police Headquarters facility
at 7911 N. McDonough Street, Jonesboro, Georgia, the Property and
Evidence Unit is open Monday - Friday from 8:00 AM until 5:00 PM.
Property submitted to the Property and Evidence Unit is classified
into two categories: Evidence and Found Property.
Property with evidentiary value for criminal prosecution which is
submitted to the Property and Evidence Unit will be held until after
disposition by the courts for the criminal case for which it was
collected. With some exceptions, after the case has been disposed
of and after all appeals, property which was collected for evidentiary
purposes may be released to the rightful owner with permission of
the prosecutor's office in writing.
Periodically, officers with the Clayton County Police Department
will respond to and collect "found property" for which
the owner cannot be located or for which the owner wishes to relinquish
temporary control (ie. firearms turned over to police due to safety
concerns during an altercation). Found property will be retained
by the Property and Evidence Unit for "safe keeping" for
a period of 90 days. During the 90 day period, found property may
be released to the rightful owner. All found property not collected
after the 90 day hold is subject to court ordered disposal pursuant
to the Official Code of Georgia.
| Retrieval
of Evidence / Found Property |
Persons who wish to retrieve evidence or found property which is
in the custody of the Clayton County Police Department Property
and Evidence Unit must present themselves in person to the Property
and Evidence Unit and must furnish a valid government issued identification
card along with proof of ownership in the form of a bill of sale
prior to any property being returned.
Persons who have been convicted in any court of a qualifying misdemeanor
crime of domestic violence (MCDV) generally are prohibited under
federal law from possessing any firearm or ammunition in or affecting
commerce (or shipping or transporting any firearm of ammunition
in interstate or foreign commerce, or receiving any such firearm
or ammunition). This prohibition also applies to federal, state,
and local governmental employees in both their official and private
capacities. Violation of this prohibition is a federal offense punishable
by up to ten years imprisonment. See 18 U.S.C. § 922(g)(9);
see also 18 U.S.C. §§ 921(a)(33), 924(a)(2), 925(a)(1);
27 C.F.R. §§ 178.11, 178.32.
Additionally, pursuant to the Official Code of Georgia (O.C.G.A.)
17-5-51, any device which is used as a weapon in the commission
of any crime against any person or any attempt to commit any crime
against any person, any weapon the possession or carrying of which
constitutes a crime or delinquent act, and any weapon for which
a person has been convicted of the crime of carrying a concealed
weapon, as provided for by Code Section 16-11-126, are declared
to be contraband and are forfeited.
Firearms and weapons cannot be returned to persons who fall
within these categories. A criminal background check is mandatory
for all persons who wish to retrieve a firearm from the Property
and Evidence Unit.
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