Omaha Police Department Property Disputes Policy PDF

PROPERTY - NON-CRIMINAL PROPERTY DISPUTES POLICY: It is the policy of the Omaha Police Department (OPD) to refer citizens to the courts for resolution when non- criminal property disputes occur. DEFINITIONS: Replevin: Procedure whereby seized goods may be provisionally restored to their owner pe...

PROPERTY - NON-CRIMINAL PROPERTY DISPUTES POLICY: It is the policy of the Omaha Police Department (OPD) to refer citizens to the courts for resolution when non- criminal property disputes occur. DEFINITIONS: Replevin: Procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. PROCEDURE: I. Replevin Procedures A. Officers responding to personal property dispute-type calls will advise the disputants that they may pursue a replevin action through the courts and that disputants may contact an attorney for additional clarification. NOTE: An order of replevin is a civil, not criminal, action and does not require police intervention. The order is filed through the courts and permits rightful owners to recover possession of specific personal property that is wrongfully detained by another. 1. Officers SHALL NOT determine ownership of personal property. 2. Officers SHALL NOT take property from one person to be given to another. B. The Douglas County Sheriff’s Office (DCSO) is responsible for executing orders of replevin. C. Officers may be dispatched to assist the DCSO with executing orders of replevin when necessary. II. Repossession A. Per Nebraska UCC 9-609, a secured party (i.e., lending institution, bank, creditor, etc.) may legally repossess property if a buyer has defaulted on a loan as long as they do so without a breach of the peace. B. Officers will adhere to the following procedures when responding to a dispute regarding a repossession: 1. If the secured party has taken possession of the property in a peaceful manner, the secured party has acted legally and shall be permitted to maintain possession. 2. If the secured party becomes involved in a dispute with the buyer while attempting to repossess the property a "breach of the peace" has occurred. a. The secured party shall not be allowed to repossess the property and shall be advised to contact the courts to obtain an order of replevin to repossess the property. C. Officers who stop a vehicle that was reported stolen and determine that it has been repossessed by a secured party will adhere to the following policies: 1  1. The secured party will be permitted to maintain possession of the vehicle if they are able to show proof of ownership (i.e., title or lien to the vehicle). 2. The officer shall advise the Auto Theft Squad that the vehicle is not stolen but has been repossessed. 1. The name of the secured party and the company that they represent shall be given to the Auto Theft Squad. NOTE: OPD employees will refer to the “Towing – Repossession/Private Property” policy for policies and procedures regarding the repossession of vehicles as well as notification requirements. REFERENCES: I. Laws A. NRS §25-1093 – NRS §25-1098. B. Nebraska Uniform Commercial Code (UCC) 9-609. II. Previous OPD Orders A. Previous General Orders: #23-69, #27-78, #68-79, and #66-16. III. Other A. PPM Monthly Updates: #03-2024. 2