Give Me My Property Back Please

By Adrian Altshuler | March 26, 2013

You may be aware of the existence of police evidence rooms only from television shows. Who can forget the magnet scene in Breaking Bad that wiped all of the computers in the evidence room clean? While many items are stored in evidence rooms, it’s unfortunate that police departments don’t follow the same policies as libraries. There is no set return by date.

The length of time that police can retain custody of property taken after an arrest and for use in an investigation is variable. If the property contains evidence that can’t be duplicated or identified by photos, the police may keep the property for many years. If the police need to conduct laboratory tests on the item, such as to test for fingerprints, the police probably won’t return the property until the case is concluded.

If the property is valuable to you, either monetarily or sentimentally, there are a few steps you can take to try to get it back. It’s easier for you to get your property back when a photo properly documents it. As the police are taking the property, ask them if you can take a picture of it.

After the arrest, document information about the property the police took from you, including:

  • The type and quantity of the items
  • Serial numbers and other identifying marks
  • Detailed descriptions of the items
  • Photos of the items
  • The estimated value

Unfortunately, there is no guarantee that your property will be returned to you intact. If you feel the police are hanging onto your property long after their actual need for it, you can hire a criminal defense attorney to bring a formal written request for the return of the property before the judge. However, if the prosecutors can show that they have a need for the property in their investigation or that the case might be compromised if the property is released, your request is likely to be denied.

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