Omaha Police Department Property Holds Policy PDF

PROPERTY – HOLDS ON PAWNED PROPERTY POLICY: It is the policy of the Omaha Police Department (OPD) to work interactively with local pawn shops, secondhand stores, and salvage yards. OPD Pawn/Salvage officers may place a “hold” on items at these establishments, within the City of Omaha, that have be...

PROPERTY – HOLDS ON PAWNED PROPERTY POLICY: It is the policy of the Omaha Police Department (OPD) to work interactively with local pawn shops, secondhand stores, and salvage yards. OPD Pawn/Salvage officers may place a “hold” on items at these establishments, within the City of Omaha, that have been identified as stolen or are reasonably believed to be stolen. Outside agencies are responsible for following up on items stolen within their jurisdictions that are located in Omaha pawn shops. DEFINITIONS: Pawnbrokers: Any person engaged in the business of loaning money on deposit or pledge or personal property or other valuable thing, or any person engaged in the business of loaning money upon chattel property for security and requiring possession of the property so mortgaged, on condition of returning same upon payment of a stipulated amount of money, is hereby declared to be a pawnbroker, or chattel loan broker. (Full definition in Omaha Municipal Code §30-111). Salvage Dealers: Any person who deals or engages in the business of any of the following activities: (1) The dismantling, demolition, or salvage of any automotive vehicle or over-the-road trailer device or parts thereof; (2) The storage, recycling, purchase, or sale of used vehicular parts, including Regulated Metals Property; (3) The storage, recycling, purchase or sale of any of the following used items: ferrous or nonferrous metal items, plastic items, paper products, building materials, junk, rope, bottles, containers, or lumber. (Full definition in Omaha Municipal Code §30-81.) Regulated Metals Property: A catalytic converter in any form that has been disassembled, separated, detached, or uninstalled from a motor vehicle (Omaha Municipal Code §30-21). Regulated Property: Includes any of the following property that is used secondhand: (1) Any precious metal or gem that is valued for its character, rarity, beauty, or quality, including, but not limited to, gold, silver, platinum, diamonds, rubies, emeralds, sapphires, pearls and any other such metals or gems, stones, or imitation thereof whether as a separate item or in combination as a piece of jewelry; (2) Jewelry; (3) Watches; (4) Items made of or containing sterling silver; (5) Firearms; (6) Golf clubs; (7) Bicycles; (8) Electronics; (9) Video game systems, video game equipment and video games; (10) Musical instruments; and (11) Coins. Regulated Property does not include items purchased or handled by charitable organizations that accept donations from individuals that are later sold to benefit the charitable organization; antique dealers or auction houses (including online vendors); places of residence; used furniture stores; used clothing stores; used book stores; flea markets; traveling venues; or vehicle service centers (Omaha Municipal Code §30-21). Secondhand Dealers: Any person who regularly operates, keeps or manages any secondhand goods store and either: Purchases regulated/used property within the City of Omaha; or Offers for sale regulated/used property within the City of Omaha. Electronic repair shops are also included. PROCEDURE: I. General Procedures A. Property shall not be removed from a pawn, secondhand, or salvage shop. Ownership can only be determined by a judge. EXCEPTION: An officer may write a search warrant and have it signed by a judge to remove an item for forensic testing. If granted, written “Permission for Search” is also acceptable for forensic testing. Upon completion, the item must be returned to the shop. 1  B. On occasion, property is obtained by an Omaha pawn shop, secondhand store, or salvage yard that is stolen or reasonably believed to be stolen. 1. In these circumstances, officers shall contact the OPD Pawn/Salvage Squad with any relevant information. 2. OPD Pawn/Salvage Squad employees will be responsible for making an official police request to hold items and for documenting all holds. C. Officers who are not assigned to the OPD Pawn/Salvage Squad may place a hold on an item if they are unable to contact an on-duty Pawn/Salvage Squad employee. When placing a hold on an item, officers will adhere to the following procedures: 1. If an Incident Report was completed, the officer shall: a. Complete a Supplementary Report with the following information: (1) The reason for the hold. (2) The RB number. (3) The name and address of the pawn shop/store/yard. (4) The information from the electronic submission uploaded into the LeadsOnline website. NOTE: Officers shall be certain to include the “Ticket No.” listed on the electronic transmission from the LeadsOnline website. This information can be obtained from the pawn shop if necessary. Pawn/Salvage Squad employees will utilize this number to obtain information needed for police holds. NOTE: OPD Form 36 (Omaha Police Department Report of Pledge, Purchase or Trade) shall only be used as a backup if LeadsOnline is not functional. b. Send an email with the Supplementary Report attached to the OPD Pawn/ Salvage Squad email group ([email protected]) or place a copy of the Supplementary Report in the Pawn/Salvage Squad mailbox located on the third floor, in the CORE Squad / DUI area. 2. If an Incident Report was not completed and the item was stolen from Omaha’s jurisdiction, officers shall complete an Incident Report with all applicable information and send an email with the report attached to the OPD Pawn/Salvage Squad email group ([email protected]). Officers may also place a copy of the report in the Pawn/Salvage Squad mailbox located on the third floor, in the CORE Squad / DUI area. 3. If a hold is placed on property stolen from another jurisdiction and no original report has been made, officers shall complete an Information Report with as much information as possible and send an email with the report attached to the OPD Pawn/Salvage Squad email group ([email protected]). Officers may also place a copy of the report in the Pawn/Salvage Squad mailbox. D. Outside agencies inquiring about property stolen from their jurisdiction shall be referred to the Pawn/Salvage Squad during “B” shift hours (See Appendix A for the phone number). II. EcoATMs 2  A. EcoATMs are unmanned kiosks located inside retail/public spaces which are considered secondhand shops. 1. Property shall not be removed from these kiosks even if an ecoATM employee offers access. B. If called to an ecoATM, the officer should: 1. Determine ownership before making any reports. a. If the victim claims the electronic device is theirs, make sure they did not receive it on loan from a school or employer. If that is the case, the owner’s representative (e.g., school or employer) shall make the report. 2. Determine the location from which the device was stolen or went missing. a. If an item is in an Omaha ecoATM kiosk, verify that this item went missing or was stolen from OPD’s jurisdiction. b. The jurisdiction where the item went missing or was stolen will need to recover the item. NOTE: The victim will need to make a report with the correct jurisdiction. 3. If the victim is the owner, and the item was stolen or lost in OPD’s jurisdiction: a. Complete an Incident Report (if a report has not been previously completed). (1) Include all of the vital information on the electronic device, location of the ecoATM kiosk, and an alternate contact number for the victim if the stolen/missing device was a cellular phone. b. Provide the RB number to the victim. c. Contact the OPD Pawn/Salvage Squad by phone or email (See Appendix A), so prompt follow-up can be conducted to ensure the electronic device is placed on hold. C. A victim may be notified by the ecoATM indicating that they recovered their locked device and will be provided with a "Written Authorization Form" for an officer’s signature. 1. Do not sign this form. a. Forward this report to the Pawn/Salvage Squad and steps will be taken for recovery. - OR – b. Tell the victim to contact the Pawn/Salvage Squad (See Appendix A for phone number). The Pawn/Salvage Squad will make arrangements for the victim to send the report electronically for processing. III. Regulated Metals Property Permits 3  A. The City of Omaha requires a Regulated Metals Property Permit issued by OPD in order for a person to possess, accept, process, store, hold, keep, receive, reuse, collect, deal in, buy or sell Regulated Metals Property. 1. Exceptions to the Regulated Metals Property Permit include the following: a. An individual is able to provide a letter of permission from the Chief of Police to temporarily possess Regulated Metals Property that includes a case/RB number or property identification number. b. The individual is able to provide a bill of sale, purchase receipt, work order, or vehicle title that includes the Vehicle Identification Number (V.I.N.) of the source vehicle. c. The individual is a city official or law enforcement employee who is disposing of lost, found, or stolen Regulated Metals Property. 2. Violations of the permit requirement are misdemeanors. Individuals found in violation shall be cited/booked per OPD policies and procedures. B. The Pawn/Salvage Squad’s list of Regulated Metals Property Permittees is shared with the OPD Data Unit so verification can be made when needed. 1. When officers come into contact with a person who is in possession of Regulated Metals Property, they shall contact the OPD Information Channel Operators (Channel 6) to verify that the person’s permit is current and valid. 2. If a person is unable to produce a Regulated Metals Property Permit, but claims to have one, officers shall verify the permit with the OPD Information Channel Operators (Channel 6). C. OPD Front Desk Customer Services Unit (CSU) employees shall process OPD Regulated Metals Property Permit Applications (OPD Form 118C). 1. CSU employees shall complete the OPD Form 118C, and collect the $10.00 application fee, regardless of whether the permit is issued/approved. Completed permit applications shall be forwarded to the OPD Pawn/Salvage Squad for filing. 2. CSU employees shall complete a criminal history check on each applicant to verify they have not been convicted of a theft-related offense within the last five (5) years. 3. Approved OPD Regulated Metals Property Permits and Receipts (OPD Form 118D) shall be provided to applicants by CSU personnel. 4. CSU employees shall enter approved applicant information into the Pawn/Salvage Squad’s designated list of permittees. This list will be shared with Information Channel Operators. REFERENCES: I. Laws A. Relevant Omaha Municipal Codes: §30-21), §30-81), and §30-111). II. Previous OPD Orders 4 A. Previous General Orders: #102-95, 67-16, 62-21, and 45-23. 5