Property and Evidence
Property Taken as Evidence
Law enforcement officers may seize property to be used in prosecution of a criminal case. When the property is no longer needed as evidence, it can be returned to the person with the right of possession unless possession of the property is illegal or there is a forfeiture action pending.
To have property returned once it is no longer needed as evidence (not immediate return, as outlined above), a person must file a written claim with the police department within thirty (30) days of this notice. Property and Evidence Return Request Forms can be obtained in person at the police department. After filing a claim, the claimant must notify the police department in writing of any change in contact information. Return of firearms and/or ammunition will require a seized property hearing before the court.
Property Taken for Safekeeping
Property which constitutes an imminent danger to a person's health, safety, or welfare may be seized. The law enforcement agency taking the property is required to release the property when it no longer constitutes such a danger.
If you feel property should be returned and the agency in possession of it refuses to do so, you may file a claim for the return of seized property with the Clinton County Clerk of Court within thirty (30) days of notice from the police department. If a claim is filed, the Clerk's Office will arrange for the court to conduct a hearing to determine if the property should be returned or whether the law enforcement agency can retain possession. Return of firearms and/or ammunition will require a seized property hearing before the court.
Property Subject to Forfeiture
If you have received a forfeiture notice, read it carefully and consider seeking advice from an attorney. Failure to file a claim for return of forfeited property within statutory time limits will result in loss of any right you may have to the property. If you are indigent and the value of the property to be forfeited exceeds $500.00, you have a right to court-appointed counsel. You should contact the Clerk of Court if you wish to have counsel appointed to represent you.
A claimant must take possession of property within thirty (30) days after the final disposition of a seized property hearing or notification by the police department that the claimant make take possession; failure to do so will deem the property abandoned and it will be disposed of in accordance with state code.
Property and Evidence Return Request Form
The Clinton Police Department's Property and Evidence Return Request Form can be used in accordance with state code to file a written claim of ownership interest or possessory right to property being held by the police department. The form documents the claimant's interest in taking possession of the property once it is eligible for release by the police department. The claim form must be submitted within thirty (30) days of notice from the police department. In addition to a claim form, a person wishing to take immediate possession of property must file for a seized property hearing with the Clinton County Clerk of Court.
A person wishing to claim a firearm and/or ammunition must file a Property and Evidence - Firearm Return Request Form, obtain a criminal history record check through the DCI, and file for a seized property hearing with the Clinton County Clerk of Court (see below).
Currently, the Clinton Police Department cannot accept electronic submissions of Property and Evidence Return Request Forms or Property and Evidence - Firearm Request Forms. Completed forms may be dropped off in person or mailed to:
Clinton Police Department
Attn: Property & Evidence Return Request
113 6th Avenue South
Clinton, IA 52732
Found property turned in to the Clinton Police Department is maintained in accordance with Iowa Code. The police department will attempt to contact the owner, if known. If the owner of the property is unknown, the property will be disposed of after a ninety (90) day holding period. If you find property that you would like to turn over to the police department, please contact dispatch at 563-243-1458 at any time.
If you have lost property and would like to inquire if it is in police custody, please call 563-243-1455 between 8:00 AM - 4:00 PM on Monday - Friday.