I know a department that has a policy in place where they keep the gun used in any death for 1 year.
How do they justify it?
Policy should not trump the law. Although it seems the bureaucrats are running the country nowadays.
My son got pulled over DUI several years ago. He had one of my 1911's on him. Legally. Him, my truck and my gun went to jail.
I had the truck out in less than an hour. Left his ass in jail and the gun took near 2 months to get back. I got the gun and 1 mag. It went in with 2 fully loaded mags. Butt heads took my ammo.
That's cause they know no one is going to fight them for it.
If everyone they did that to sued them....
Washington DC has been known to return firearms rusted solid, after ignoring repeated court orders.