Abandoned Property Held by the Mobile County Sheriff's Officein Alabama can be Used in Pawnshop operations only with a Authorizing Court Order

Alabama Attorney General Opinions
1997.
AGO 1997-175.

1997-175

May 7, 1997

Honorable Jack S. Tillman
Sheriff, Mobile County 
P. O. Box 113 
Mobile, AL 36601-0113

Stolen Property - Sheriffs - Pawnbrokers - Sales

Unidentified recovered or abandoned property held by the Mobile County Sheriff's Office can be used in an operation targeting the buying and selling of stolen property by a pawn shop only if there is a court order authorizing such use.

Dear Sheriff Tillman:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION

Can unidentified recovered or abandoned property held by the Mobile County Sheriff's Office be used in an operation targeting the buying and selling of stolen property by a pawn shop?
FACTS, LAW AND ANALYSIS

The following facts are set out in your request:

Information has been developed through informants that a local pawn dealer is buying and selling stolen property at his business location. The information alleges the purchase of stolen guns, VCRs, TVs, riding lawn mowers, etc. An informant has identified several known convicted felons who are working at the pawn shop and are conducting these transactions.
The Mobile County Sheriff's Office and the ATF are conducting a joint operation to target this pawn shop. The Sheriff's Office needs to know if it is legal to use property that has been recovered and whose owner cannot be identified. This property would consist of TVs, VCRs, and other items that have been held by the Sheriff's Office for the required amount of time, allowing it to be sold at public auction. The Sheriff's Office and ATF would like to sell this property to the pawn shop in order to gain trust and get on the inside of the operation through an undercover agent. The proceeds gained from the sales would be turned over to the Sheriff of Mobile County to be placed in the appropriate account as prescribed by law when normally sold at auction. All transactions of these items would be documented through the Sheriff's Office Property Division.

This office ruled in an opinion to Honorable Len D. Brooks, District Attorney, Cullman County, dated January 22, 1992, A.G. No. 92-00137 that in the absence of a local law authorizing the sheriff to dispose of confiscated property which has been held as potential evidence in a criminal prosecution, a court order is required for the disposition of such property. My research reveals that Mobile County has a local law, Act No. 87-395, relating to seized assets and funds in controlled substance proceedings in Mobile County and authorizing the sheriff and municipal police chiefs to distribute assets or funds for private and nonprofit drug prevention programs. There is no other local law concerning the disposition of abandoned property by the sheriff.

Abandoned weapons and parts of abandoned weapons cannot be sold or disposed of without a court order. Section 13A-11-84, Alabama Code 1975; opinion to Honorable Len D. Brooks, supra.

Certain property seized in violation of Alabama's controlled substances laws may be subject to disposition under the procedures outlined at Section 20-2-93, Alabama Code 1975.

CONCLUSION

Unidentified recovered or abandoned property held by the Mobile County Sheriff's Office can be used in an operation targeting the buying and selling of stolen property by a pawn shop only if there is a court order authorizing such use.

I hope this sufficiently answers your question. If our office can be of further assistance, please contact James R. Solomon, Jr., of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

BP/LKO/jho

T4.97/OW