The OPNAV 5580/22, the Department of the Navy Evidence/Property Custody Document, is completed by the person seizing or recovering property on a Navy installation and then submitted with the property to the base Evidence Custodian. Blank forms are available through the Naval Forms Online portal hosted by the Defense Logistics Agency, and Masters-at-Arms offices keep hard copies on hand.1MyNavy HR. BUPERSINST 1306.77D – Manual for the Administration of Transient Personnel Units The form and the procedures around it are governed by OPNAVINST 5580.1A, the Navy Law Enforcement Manual.
What Goes in the Descriptive Blocks
The top of the form identifies the seizure: who was involved, what was taken, and where it happened. Enter the full name and identification details of the person from whom the property was taken. Then inventory each item. Vague descriptions cause real problems later, so record serial numbers, brand names, model numbers, unique markings, and the physical condition of each item at the time of seizure. That baseline is what protects you when property is returned months later and someone claims it was damaged in storage.
Write down the exact location where items were recovered and the specific circumstances of the seizure. Under Military Rule of Evidence 316, Navy law enforcement personnel can seize property based on probable cause, consent, plain-view observation, or command search authorization, among other grounds.2Joint Service Committee on Military Justice. Military Rules of Evidence Documenting which basis applied helps legal officers evaluate the seizure if it is later challenged.
Classify every item as either evidence or found property. Evidence means items linked to a suspected violation and potentially needed for judicial or administrative proceedings. Found property is anything recovered without a known owner that needs safekeeping until the owner is identified. The classification drives retention and who authorizes release.
The Receipt Page
The last page of the form contains only blocks 1 through 16 and functions as a receipt for the person whose property was seized.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual Detach it and hand it to the individual at the time of seizure. They will need it later when reclaiming their belongings.
Tagging and Packaging Before Submission
Before delivering property to the Evidence Custodian, tag each item and, when appropriate, place it in a suitable container. Navy installations use two evidence tags that pair with the form: the OPNAV 5580/17A index tag and the OPNAV 5580/17B adhesive tag. The tag number should match the information on the custody document so every item traces back to its paperwork without ambiguity.
The original and two copies of the custody document get securely attached to the evidence or its container. Only the custodian accepting the evidence separates the original from the copies and the interleaved carbon paper.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual
Submitting to the Evidence Custodian
Hand the tagged, packaged property with all three attached copies to the Evidence Custodian. The custodian signs to receive it, which begins the formal custody record.
If the Evidence Custodian is not available, place the evidence in a temporary depository (a drop box). Sign the “Released by” column on the form yourself and enter the name or number of the depository in the “Received by” column.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual When the seizing person is also the Evidence Custodian, they complete both the “Released by” and “Received by” columns to document the move from investigator into the custody system.
How the Three Copies Are Distributed
Once the custodian separates the packet, each copy has a different destination:
- The original stays physically attached to the evidence and travels with it throughout the investigative process. If the evidence is transferred to another agency, the original goes with it.
- The first copy goes into the Active Evidence Custody File maintained by the Evidence Custodian and remains there until the evidence is officially disposed of.
- The second copy is returned to the person who submitted the evidence as their record of what they turned in and when.
If the original is lost or destroyed, a copy can be used in its place.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual Losing the original creates real problems during legal proceedings, so treat it as irreplaceable.
Chain of Custody Entries
The chain of custody section creates a chronological record of everyone who handles the property. Each transfer requires the printed name and signature of the person releasing the item and the person receiving it, along with the date, time, and reason for the handoff. Typical reasons include moving the item for laboratory analysis, shipping it to another command’s evidence custodian, or checking it out for a court proceeding.
One point worth clearing up: a gap in the chain of custody does not automatically make evidence inadmissible at court-martial. Military courts have held that the prosecution needs to show a reasonable probability the evidence is authentic, and gaps go to the weight a fact-finder gives the evidence rather than to admissibility.4United States Court of Appeals for the Armed Forces. Core Criminal Law Subjects – Evidence – Authentication A complete chain still makes the prosecution’s job easier and the defense’s challenges harder, so there is no reason to leave blocks blank.
Temporary Transfers to Another Agency
When evidence needs to go to another agency temporarily, such as for forensic testing, the original form travels with the evidence. Before releasing it, the Evidence Custodian signs both the original and a duplicate. The duplicate stays in the Active Evidence Custody File. Everyone who handles the evidence while it is out completes the appropriate blocks on the original, and the receiving agency provides a receipt.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual
Permanent Transfers
For a permanent transfer to another agency, the original form again accompanies the evidence. The receiving agency signs for it in the chain of custody section, and the custodian records the permanent transfer in the final disposition section.
Mailing Evidence
Evidence sent by mail must be double-wrapped, with the inner wrapping marked to indicate the presence of evidence inside. The package has to be addressed specifically to the receiving evidence custodian, not to a general office or mailroom.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual
Final Disposition
The last blocks on the form are completed when the property leaves the custody system. Personal property should be returned to its owner whenever possible, except for contraband or other unlawful items. The owner or their authorized representative signs the final disposition section of the original form to acknowledge they received the property back. If the person presents their receipt (the detached last page), the custodian collects and destroys it.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual
If the owner refuses to accept some seized items, that refusal is noted on the form and the custodian arranges other appropriate disposal. For items that are not generally illegal but are prohibited by local command orders, the property is returned to the command with control over the individual, and that command decides what to do with it.
How long evidence stays in the system before disposition depends on how it was used:
- Courts-martial evidence is retained until the trial and all appeals are complete. Disposal authorization comes from the trial counsel or, if on appeal, the judge advocate of the next senior command.
- Administrative action evidence is held until all appeals or reviews of the initial action are finished. Authorization to dispose comes from the judge advocate or command legal officer of the command with cognizance over the person involved.
- Items entered into the system but never used in judicial or administrative proceedings can be disposed of after six months, or sooner if the commanding officer or staff judge advocate directs early disposal because the items have no evidentiary value.
- Evidence tied to significant unresolved cases should be retained until the statute of limitations expires. Disposal requires the security officer’s authorization after consulting with the requesting authority and the staff judge advocate.
The evidence custodian completes the final disposition section for every disposal, recording the name and title of the person who authorized it.3Navy Tribe. OPNAVINST 5580.1A CH-2 – Navy Law Enforcement Manual When evidence is physically destroyed, the destruction is carried out by or in the presence of both the evidence custodian (or alternate) and a disinterested party, and both sign the disposition section.
If Your Property Is Damaged or Lost in Custody
If property is damaged, lost, or destroyed while in Navy custody, the owner can file a claim under the Federal Tort Claims Act using Standard Form 95, Claim for Damage, Injury, or Death. The claim goes to the Navy Judge Advocate General’s office. The deadline is two years from the date the damage or loss occurred; miss it and the right to file is lost.5General Services Administration. Claim for Damage, Injury, or Death
The claim must state a specific dollar amount, called a sum certain. For repairable property, include at least two itemized signed repair estimates from disinterested parties, or receipts if repairs are already paid for. For property that cannot be repaired or was lost entirely, include statements from knowledgeable, disinterested persons documenting the original purchase price, date of purchase, and value before and after the incident. Omitting the dollar figure or the supporting documentation can invalidate the claim.