(A) This policy is meant to exclusively apply to the process for conducting an inventory of the personal property and possessions of a person in police custody and shall not be interpreted to affect any other statutory or constitutional right(s) that law enforcement officers may employ to search persons or search and seize possessions for other purposes.
(B) Procedures. An officer will inventory the personal property in the possession of a person taken into police custody and such inventory will be conducted whenever:
(1) Such person will be either placed in a secure police holding room or transported in the secure portion of a police department vehicle; or
(2) Custody of the person will be transferred to another law enforcement agency, correctional facility, or “treatment facility” as that phrase is used in O.R.S. 430.399 or such other lawfully approved facility for the involuntary confinement of persons pursuant to state law.
(C) The purpose of the inventory of a person in police custody will be to:
(1) Promptly identify property to establish accountability and avoid spurious claims to property;
(2) Fulfill the requirements of O.R.S. 133.455 to the extent that such statute may apply to certain property held by the Police Department for safekeeping;
(3) Assist in the prevention of theft of property;
(4) Locate toxic, flammable, or explosive substances;
(5) Locate weapons and instruments that may facilitate an escape from custody or endanger law enforcement personnel; or
(6) Reduce the danger to persons and property.
(D) Inventories of the personal property in the possession of such persons will be conducted according to the following procedures:
(1) An inventory will occur prior to placing such person into a holding room or a police vehicle, whichever occurs first. However, if there is reasonable suspicion to believe that the safety of either the officer(s) or the person in custody is at risk, an inventory will be done as soon as is safely practical prior to the transfer of custody to another law enforcement agency or facility.
(2) To complete the inventory of the personal property in the possession of such person, the officer will remove all items of personal property from the clothing worn by such person. In addition, the officer will also remove all items of personal property from all open containers in the possession of such person.
(3) Inventories of the contents of a closed container in the possession of such person should only be conducted when:
(a) The closed container is to be placed in the immediate possession of such person at the time that person is placed in the secure portion of a custodial facility, police vehicle, or secure police holding room;
(b) Such person requests the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or
(c) The closed container is designed for carrying money and/or small valuables on or about the person. This includes, but is not limited to, closed purses, closed coin purses, closed wallets, and closed fanny packs.
(E) Valuables found during the inventory process will be noted by the officer in a report as directed by the Police Department.
(F) All items of personal property not left in the immediate possession of the person in custody and not left with the facility or agency accepting custody of the person will be handled in the following manner:
(1) A property receipt will be prepared listing the property to be retained in the possession of the respective law enforcement agency and a copy of that receipt will be tendered to the person in custody when such person is released to the facility or agency accepting custody of such person; and
(2) The property will be dealt with in such manner as directed by the Police Department.
(G) All items of personal property not left in the immediate possession of the person in custody and not dealt with as provided in division (C)(5) of this section, will be released to the facility or agency accepting custody of the person so that they may:
(1) Hold the property for safekeeping on behalf of the person in custody; and
(2) Prepare and deliver a receipt, as may be required by O.R.S. 133.455, for any valuables held on behalf of the person in custody.
(Prior Code, § 5.101) (Ord. 1995-12, passed 10-9-1995; Ord. 2001-01, passed 3-27-2000; Ord. 2009-09, passed 7-13-2009; Ord. 2017-09, passed 9-25-2017)