Storage fees for evidence

[ejv]

Wondering if any of you have much experience with the property procedures at local departments. Long story short, some property of mine was recovered by a local agency and is being held in property. The subject was arrested and later took a plea on 8/1/19. The property was recovered early June 2019. I am told by the DA's office that the local agency can release it after 60 days from adjudication assuming the subject does not file an appeal. So I am working with this agency on the release back to me which is as early as about 9/29/19. I have to jump through some hoops. OK, whatever.

But today they tell me there is a storage fee of $204. Mind you I can't get back my property till roughly the end of this month. I've had 0 opportunity to get it back so far and even if I pick it up the first day it is available I am being charged $204 to do so. They tell me it is a yearly charge so if I leave it till the end of the year the charge is the same. I was the victim of a crime (burglary) and this is how I am treated? Is this SOP in your experience? The property is about the size of a baseball mind you, we aren't talking a truck or table saw.

 

[orbframe]

My agency does not charge for items held in our property/evidence...

 

[TheRiddler]

I don't believe we charge storage fees.

This is, however, how stolen vehicle recoveries are handled. Tow yard stores the car at their tow yard and charges storage fees accordingly.

 

[orbframe]

definitely charges on stolen or otherwise impounded vehicles... but I thought this was about some other property (baseball sized).

For something we held in our own property/evidence we don’t charge fees.

We’ll even hold your marijuana for you!

 

[orbframe]

For the OP, what’s the item you are trying to retrieve? Might help understand why there is a charge

 

[bojangle]

If I understand the post correctly, this is recovered stolen property of yours that an agency was holding for the prosecution of a suspect?

We would not charge anything for property storage. Being that you're the victim of a crime, and this is all out of your control, it does not seem right to impose any charge on you. I could understand a charge, possibly, after a certain time period, if the owner failed to pick up their property. But in this case, they won't even let you have it back yet. I really can't see how they justify a charge like that.

 

[Shaggy]

My agency would also not charge the owner of recovered stolen property.

 

[ejv]

J frame S&W (1 7/8 inch barrel, hammerless), hence the hoops to jump through. I have to get re-cleared by state DOJ Bureau of Firearms to take possession. I get that, but yes it was stolen from my house in January along with the safe it was in and a few other items. This S&W is no longer made and is worth over $1100. Has personal value to me beside that. I suspect if it was a watch or jewelry of similar size I wouldn't be charged anything. Even the state waives the background fee if the reason for filing the LEGR application is due to being a victim of a crime.
The property person asked if I had been told about the fee and then said she could calculate it for me and came up with $204 on the phone. Had no reasoning behind it. Seems steep considering they aren't holding it for me but rather the court at this point. If I let them keep and destroy it I doubt they charge me for storage.

 

[scootergmc]

This makes no sense. What agency is this?

 

[KrustyKruser]

Oh yeah the release from DOJ. That's not the agency thing but CA. Deptartment of justice. That app needs to be done to release the firearm back to you. Shitty being the victim of a crime having to go through that.

 

[ejv]

I'm fine with that part. I get it. The storage fee has got me hot though.

As far as which agency this is, I'd rather not say at this point lest they somehow find out and create more hoops to jump through or otherwise make this more difficult than necessary. Once I have it back there will be contact with the city. Probably going to talk to the prosecutor in the mean time and maybe DOJ to see if this is legit.

 

[scootergmc]

You definitely need to talk to the Deputy DA or victim witness coordinator assigned to your case. The LEGR is definitely required but .gov "storage" fees for a victim are way out of line.

Private tow yards- now everyone gets screwed...

 

[JHicks]

Oh yeah the release from DOJ. That's not the agency thing but CA. Deptartment of justice. That app needs to be done to release the firearm back to you. Shitty being the victim of a crime having to go through that.

Incorrect. That’s not the same as a storage fee, you can do that release form online and it’s like $38 or around there. OP you do need that paper to have a handgun released back to you and it’s only valid for 30 days.

 

[ejv]

Thanks for the replies everyone. I'll try to update this later after I see how it all plays out. I sent out the LEGR application today. No idea how long that part will take.

 

[JHicks]

Thanks for the replies everyone. I'll try to update this later after I see how it all plays out. I sent out the LEGR application today. No idea how long that part will take.

Should be less than a month

 

[gixxerjeff]

This is, however, how stolen vehicle recoveries are handled. Tow yard stores the car at their tow yard and charges storage fees accordingly.

Tow companies/yards are the bottom feeders of our (automotive) industry.

 

[KooLaid]

When I was hit by a car on my scooter, I notified on scene CHP officer before being ambulanced out that I had a pistol under my seat so that it wouldn't "mysteriously" disappear at the tow yard. CHP held on to my pistol for me from that day until I received LEGR paperwork from the state over a month later. No charges.

 

[ejv]

So I got the LEGR back on 10/28/19. I called the property people to set up an appointment to pick up the gun. They told me I had to provide the original LEGR then allow them time to do more background before they set an appointment to release it to me. So more wasted trips to their office. They tell me that the LEGR is dated 10/21/19 like I had any control over DOJ taking 7 of the 30 days to get it to me by mail. Then they act as though they will do their best to finish their part before 30 days is up.

So last week I hadn't heard anything so I ping the DA and victim witness advocate again. They finally greased wheels and I get a call about 15 minutes later from the PD setting up a pickup time.

I go to pick it up this Tuesday. I get the gun back finally. They charge me $240 and change. It is not a storage fee per se. It is actually the supposed cost of their manpower dealing with the seizure and release. 1.5 hours total for a public safety officer II and .75 hours for a property clerk. The receipt references CA PC 33880. I read it. It notes if the weapon is reported stolen at the time of the seizure, the agency MAY waive any fees. However the law outlines how they are allowed to charge fees for this sort of thing. I called the DA and left a message explaining this reference which seems to put this department in the clear. Shitty way to do business but it seems legal. The DA was supposedly looking into this for me but hadn't yet given me an answer as to the legality of such fees.

Anyway the gun has a few tiny blemishes on the frame that weren't there before it was stolen. Other than that it appears to be in perfect working order.

Agency was Sunnyvale DPS. Good job recovering my gun. Bad community relations treating the victim of a crime like a second class citizen as though I had the gun taken from me during a domestic incident then charging me stupid money for doing the job they are already paid to do. It felt like every step of the way they were fighting me hoping I would go away.

 

[scootergmc]

Isn't there a pending case against this practice? I thought someone was suing some agency because of victim rights, Marsy's law, etc.

Regardless, if I'm you, I'm submitting a request to have the funds returned, because yes, they are fighting you. I'm also (assuming someone was convicted) requesting restitution for the costs incurred by the DPS. If the defendant requests a restitution hearing, I imagine any judge would blow a gasket over a victim getting charged fees by a public agency for return of property especially a constitutionally protected right.

Meanwhile, and if you want to take it further, you could call these guys for a free consultation: https://michellawyers.com/practice-areas/firearms-law-group/ They're well established in fighting for firearms rights in California.

 

[ejv]

I don't know about any pending cases with victims rights. The case for the stolen gun was plead out over the summer. I don't recall getting any notice about any restitution hearings.

I might call that law firm you mentioned to see what they say. Maybe they have better info. Thanks for the info.