95.435 Custody and disposition of property taken by the police department of city
416 words·~2 min read·
/ky/95-435A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of home rule class or urban-county government.
(1)The police department in cities of the home rule class and urban-county
governments shall take charge of property, within their jurisdiction, alleged to be or
suspected of being the proceeds of crime, property taken from the person of a
prisoner, lost or abandoned property taken into the custody of any member of the
police force or criminal court, and property taken from persons supposed to be
insane, intoxicated or otherwise incapable of taking care of themselves. The officer
or court having custody of such property shall as soon as practicable deliver it into
the custody of the police department.
(2)All such property shall be particularly described and registered by the police
department in a book kept for that purpose, containing the name of the owner, if
ascertained, the place where found, the name of the person from whom taken, with
the general circumstances, the date of its receipt, the name of the officer recovering
the property, the names of all claimants thereto, and any final disposition of the
property. The police department shall advertise the property pursuant to KRS
Chapter 424 for the information of the public as to the amount and disposition of
the property.
(3)If any property in the custody of the police department is desired as evidence in any
criminal court, such property shall be delivered to any officer who presents an order
to that effect from the court. Such property shall not be retained in the court but
shall be returned to the police department.
(4)All property except firearms that remains in the custody of the police department for
three
(3)months, without any lawful claimant thereto, may be sold at public auction
in a suitable room designated for that purpose after having been advertised pursuant
to KRS Chapter 424. The proceeds of such sales shall be paid into the police and
firefighters' pension fund of said city or urban-county government if the city or
urban-county government has a pension fund with active members or beneficiaries.
If the city or urban-county government does not maintain a policemen's and
firefighters' pension fund or no longer has active members or beneficiaries, then the
proceeds shall be designated by the city or urban-county government for the
exclusive use of the police department. Firearms shall be transferred to the
Department of Kentucky State Police within ninety
(90)days of abandonment,
confiscation, release of the weapon as evidence, or forfeiture by a court, whichever
occurs later.