Can Seized Property Be Returned to the Owners? 4 Scenarios
Whenever you make an arrest or do an investigation, there is a chance that you will also seize some personal property. For scenarios like these, take the time to explain to the person or parties in question why their items were taken in custody.
You should provide them a receipt of items taken during an arrest or investigation. If you take something because of a search warrant at that moment, you should write down a list of the properties you took for evidence management purposes. This is called a “search warrant return” and, should criminal charges be issued, they can get a copy from the clerk’s office.
Ensure that the individuals or parties arrested or investigated are aware of why you seized their belongings. They must also know that they can retrieve those, depending on the scenario. Here are several reasons why items must be confiscated and whether or not if the persons in question can retrieve them.
Reasons for Police to Seize Property
1. Safekeeping – There are times when you need to take valuable items like cash or expensive electronics, even jewelry, to protect them from theft. An example of this happening is during a traffic stop. If the car needs to be towed from the scene, any expensive items must be seized to prevent them from being stolen while the vehicle is towed or impounded. If this is the situation, and there are no charges, they can get their items back upon discharge from the police station.
2. Forfeiture – If their items were taken because of forfeiture, their only recourse is to go to court. This is because items taken due to forfeiture are suspected of being used or obtained during the act of a crime. You should keep these items as part of evidence management. Should there be enough evidence to prove the crime in court, law enforcement can permanently keep or sell the seized property.
Examples of property that can be taken this way include:
• Money that was used for drugs or illegal gambling
• Vehicles that were used to transport weapons that were used for felonies
• Smartphones that were used to sell drugs or otherwise commit felonies
3. Contraband – Contraband is anything illegal to possess in the first place, such as illegal drugs, unlicensed guns, etc. These will not be returned as they are illegal to own. So if this is the cause of forfeiture, they can just say goodbye to these goods.
4. Evidence – Should any of the items be deemed necessary to prosecute them, they will be seized. While the occasional defense attorney may be able to get their items back while the case is pending, most of the time, the items will be held in evidence management until the end of their case.
Can Law Enforcement Return the Items in Question?
Yes, you must return the items if there were no charges filed, no crime was committed, and if they are not contrabands. The person in question has the right to consult an attorney if their belongings were not returned promptly. To properly track evidence, having a management system in place is necessary.
In need of an evidence management system? Check out PMI Evidence Tracker™ today! We provide law enforcement agencies with affordable, flexible, and easy-to-use systems for managing evidence and property.
