If you have been detained, it’s likely that the police have taken things from you and kept them. Personal papers, cell phones, and even your car can fall under this category. All of them may be considered “exhibits.” Even if you have been “Released Under Investigation,” in some cases, you might be able to receive some or all of that stuff back. It’s essential that you take action quickly since some property may be destroyed while you have a chance to recover it. Contact Fassio Law for more information.
How to get your property back from the police in a criminal case
There are two primary methods through which the police may seize your belongings.
- If you are detained and/or the subject of an inquiry, the police may confiscate whatever property you have on you.
- Police have broad authority to remove things from your home or business that they feel are related to an investigation or might serve as evidence, whether or not you have been arrested.
Your stuff will often be kept in the police station while the situation is resolved if it is confiscated. The Police will determine whether or not to allow the Prosecution to use any seized property as evidence if you are charged with a crime.
Getting your property back
The Police will probably like to keep some of the things that they seized (structures, etc.) until the Rebellion is at least ended.
It can be challenging and time-consuming to acquire things back; for example, it took attorneys months to obtain from the Police the vehicles used in the April Rebellion. Property destruction by the Police is also frequent during these delays, however, it often involves things like banners or posters.
If the police determine that the property is yours
If the police find out the item is yours, they must inform you (particularly in writing) and take you to where you may pick it up.
The police will keep your belongings till any relevant problems are resolved. This might not happen until a matter has been settled in some cases, and it might not happen until any potential appeals have been completed in others.
If the police determine that the property is not yours
You must contact the police to recover the goods if they are unaware of the owner. You might need proof of your ownership of the property and personal information. If you come forward to retrieve property that the Police suspect was used in a crime, you run the danger of being arrested.