Policy 2405: Disposition of Property and Evidence by Utah State
University Police Department

Category: Community Expectations
Subcategory: Safety & Risk Management
Covered Individuals: Utah State University Police Department
Responsible Executive: Utah State University Board of Trustees
Policy Custodian: Utah State University Police Department, Chief of Police
Last Revised: 2023/02/08
Previous USU Policy Number: 542
Download the PDF File for Policy 2405

2405.1 PURPOSE AND SCOPE

Pursuant to Utah Code, to clarify the process and procedures by which Utah State University Police Department may dispose of (1) lost, mislaid, or unclaimed property and firearms; (2) property and firearms seized as evidence; and (3) unclaimed safe keep firearms.

2405.2 POLICY

Any property that comes into the possession of a Utah State University Police Department employee in their capacity as a peace officer or law enforcement agency shall be disposed of according to this policy.

2.1 Disposition or Release of Lost or Mislaid Property

Lost or mislaid property shall be disposed of or released in accordance with Utah Code Chapter 77-24a as amended, or its successor statute.

2.2 Disposition or Release of Property and Firearms No Longer Needed as Evidence

Property and firearms held as evidence that is no longer needed as evidence shall be disposed of or released in accordance with Utah Code Chapter 24-3, as amended, or its successor statute.

2.3 Disposition or Release of Safe Harbor Firearms

Firearms shall be disposed of or released in accordance with Utah Code Chapter 53-5c, as amended, or its successor statute.

2.4 Destruction of Firearms

Firearms that have been determined to be unfit for sale, associated with a notorious crime, or are contraband, can be destroyed pursuant to the applicable sections in Utah Code Chapter 53-5c, Chapter 77-24a, and Chapter 24-3-103.5, as amended, or their successor statutes.

2.5 Public Interest Use

Subject to Utah Code Section 10-8-2, Utah State University’s Board of Trustees may specify the procedure to be used by Utah State University’s Police Department to dispose of property for public interest use or sell the item by competitive sealed bid or at a public auction and apply the proceeds of the sale to a public interest use.

Utah State University Board of Trustees approves the Utah State University Police Department utilizing only the following public interest uses to dispose of property or apply proceeds of the aforementioned sales:

(1) bona fide charity use;
(2) Utah State University educational uses;
(3) Utah Bureau of Forensic Services, created under Utah Code Section 53-10-401, for firearm and weapon testing; and,
(4) Placing funds in an account dedicated to an educational use or another public interest use.

So long as either the disposition of the property or the proceeds from the sale is applied to the aforementioned list, Utah State University’s Chief of Police can appropriately determine which public interest use best suits the disposition of the specific property, and prior approval from Utah State University’s Board of Trustees is not needed.

2405.3 REFERENCES

  • Utah Code Section 77-24a
  • Utah Code Section 24-3
  • Utah Code Section 53-5c
  • Utah Code Section 10-8-2

2405.4 DEFINITIONS

  • “Firearm” means the same definition as utilized in Utah Code Ann. §§ 53-5c-102(3), 24-3-103.5, 243-103, whichever is applicable to the type of disposition.
  • “Proceeds” means the same definition as utilized in Utah Code Ann. § 24-3-102(19).
  • “Public Interest Use” means the same definition as utilized in Utah Code Ann. § 24-3-102(23).

Information below is not included as part of the contents of the official policy. It is provided only as a convenience for readers/users and may be changed at any time by persons authorized by the President, subject to review by the USU Policy Committee.

RESOURCES

Procedures

  • N/A

Contacts

POLICY HISTORY

Original issue date: 2023/02/08