Criminal Investigations Division
Property & Evidence
The Property and Evidence Unit is
a division of the Criminal Investigations Division. The Property
and Evidence Unit is responsible for the safe and secure storage
of thousands of articles of property which are submitted to
the unit as evidence for criminal cases or for safe keeping
by officers of the Henry County Police Department. Located
in the of the Police Headquarters at 108 South Zack Hinton
Parkway McDonough, GA 30253, the Property and Evidence Unit
is open Monday – Friday from 8:00 AM until 5:00 PM.
Property submitted to the Property and Evidence Unit is classified
into two categories: Evidence and Found Property.
Evidence
Property with evidentiary value for criminal prosecution
which is submitted to the Property and Evidence Unit will
be held until after disposition by the courts for the criminal
case for which it was collected. With some exceptions, after
the case been disposed of and after all appeals, property
which was collected for evidentiary purposes may be released
to the rightful owner with permission of the prosecutor’s
office in writing.
Found Property
Periodically, officers with the Henry County Police Department
will respond to and collect “found property” for
which the owner cannot be located or for which the owner wished
to relinquish temporary control. Found property will be retained
by the Property and Evidence Unit for “safe keeping”
for a period of 90 days. During the 90 day period, found property
may be released to the rightful owner. All found property
not collected after the 90 day hold is subject to court ordered
disposal pursuant to the Official Code of Georgia.
Retrieval of Evidence/ Found Property
Persons who wish to retrieve evidence or found property which
is in the custody of the Henry County Police Department Property
and Evidence Unit must present themselves in person to the
Property and Evidence Unit and must furnish a valid government
issued identification card along with proof of ownership in
the form of a bill of sale prior to any property being returned.
Exceptions
Persons who have been convicted in any court of a qualifying
misdemeanor crime of domestic violence (MCDV) generally are
prohibited under federal law from possessing any firearm or
ammunition in or affecting commerce (or shipping or transporting
any firearm of ammunition in interstate or foreign commerce,
or receiving any such firearm or ammunition).
This prohibition also applies to federal, state, and local
governmental employees in both their official and private
capacities. Violation of this prohibition is a federal offense
punishable by up to ten years imprisonment.
Additionally pursuant to the Official Code of Georgia (O.C.G.A.)
17-5-51, any device which is used as a weapon in the commission
of any crime against any person or any attempt to commit any
crime against any person, any weapon the possession or carrying
of which constitutes a crime or delinquent act, and any weapon
for which a person has been convicted of the crime of carrying
a concealed weapon, as provided for by Code Section 16-11-126,
are declared to be contraband and are forfeited.
Firearms and weapons cannot be returned to persons who fall
within these categories. A criminal background check is mandatory
for all persons who wish to retrieve a firearm from the Property
and Evidence Unit.
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