Evidence and Property Return Policy

Evidence and Property Release

For appointments please call 910-642-6551

Property Release

This office strives to maintain property in the same condition as received and to preserve the evidentiary value and integrity of property, which has been received for possible court presentation.

Unless property is contraband, hazardous, illegal to possess, or is to be presented into court, every reasonable effort will be made to ensure the return to the rightful owner. Property that cannot be returned to the rightful owner will be disposed in a manner consistent with the Department Policy. A valid state issued identification card is required for ALL evidence pickup.

Stolen or Embezzled Property

Property has been taken from you, which is allegedly stolen or embezzled. Upon filing a Declaration of Ownership with the court, and after you have been given an opportunity to be heard on the matter, the property may be turned over to the person claiming to be the true owner, after all criminal investigation is complete. If a claim has been filed and paid by an insurance company, you no longer have claim and the property will be returned to the insurance company. If criminal charges are filed, refer to the Evidence below. A valid state issued identification card is required for ALL evidence pickup.

Domestic Violence/ Ex-parte Protective Order

If we are in possession of your firearm(s) as a result of an ex-parte order or any other injunction being served upon you, we will hold your firearm(s) for a period of one year from the date of seizure. In order to secure the return of your firearm(s) the following conditions must exist:

  • The injunction has been dismissed; and

  • No additional injunctions are in effect that have been served upon you; and

  • You are not a convicted felon; and

  • You must pay all storage fees pursuant to N.C.G.S. 50B-3.1 (d) (2)

When your case has been disposed of, you must seek an order from the court for the return of items seized within 90 days of the disposition of your case.  Firearms will ONLY be returned upon a Judge’s order providing you do not have a felony conviction, a domestic violence conviction, or any other pending domestic violence protective orders.

If a third-party has a valid claim of ownership to any seized firearm(s), then they must seek an order from the courts within (30) days of the weapon being seized pursuant to N.C.G.S. 50B-3.1 (g).  The release of firearm(s) will only be by appointment only. A valid state issued identification card is required for ALL evidence pickup.

Safekeeping Property (excluding Firearms)

Safekeeping property requires a written authorization from either the arresting deputy, case detective or a court order for release. Please contact one of the above before contacting the Evidence Custodian. Prior authorization is your responsible. Once you have spoken with the arresting deputy, case detective or have acquired a court order, they will make notification to the Evidence Custodian. A valid state issued identification card is required for ALL evidence pickup.  Items will be held for 90 days for pick-up by the owner, by appointment only. After 90 days, the items will be destroyed.

Vehicles / Boats / Lawn Mowers

If these items were seized and a tow bill inquired, the registered owner will be responsible for paying all tow costs before the item(s) are released. A copy of the tow bill receipt and a valid state identification card will be required before these items are released. In some instances, storage fees may result from property left in the impound yard.