How to Get My Property Back From Police

If the police arrest you for committing a crime, they will take you to jail pending a hearing. The police will itemize all of the items with you at the time of arrest and put them in a holding area. 

For instance, if you’re carrying a purse, they will take it and review its contents. They’ll list each item, such as the money you’re carrying and other things like jewelry or makeup. The point of taking your property following an arrest is to keep officers safe from potential dangers while you’re in holding. 

If you’ve ever asked, “I wonder how to get my property back from police?” the answer is that once you’ve posted bail or the police release you from jail, they will return your property unless it’s considered evidence of a crime. 

In some states, police can retain any property on your person as evidence. If the police charge you with a severe offense like homicide or sexual assault, it’s more likely that they will keep your property.

In some cases, prosecutors may pursue a civil lawsuit against you to obtain property they believe was involved in a crime or that you’re in possession of as the result of a crime. 

If you’re the subject of a civil lawsuit to collect property, you can expect the court to request the following:

• Cash
• Weapons
• Personal phone
• Cars or other vehicles
• Desktop computers or laptops
• Houses or commercial buildings

In a civil forfeiture claim, prosecutors must show that:

• Your conduct made police believe your property may contain facts about a crime
• You acquired the property through funds you received from committing a crime
• Committing a crime is the only way you could have obtained the property

For example, someone who has no job or source of regular income is unlikely to have the financial means to purchase a multimillion-dollar mansion in Beverly Hills. 

If police arrest that homeowner for selling drugs to the community, police may file a civil forfeiture case against them and seize their mansion. The prosecutor would likely argue that the owner purchased the home with money obtained illegally through selling drugs.

“I wonder how to get my property back from the police?” you might ask. Police do not always have to return your property, even if it isn’t contraband and you didn’t obtain it through illegal means. If officers seize your belongings and you need them back, you may need to file a petition with the court.

You’ll find that getting certain types of property back from the police is nearly impossible. Contraband is likely gone for good. If your property is necessary to prove a crime, you may not get it back until the defendants go to trial and the judge decides the outcome of the case.

Victims of crimes might find getting their property back from the police difficult. If a criminal steals your car, and the perpetrator uses it as a getaway vehicle in a homicide, you may not see your car again for months or years. Prosecutors can hold on to it as evidence in the case.

If you need your property back, it’s best to work with an attorney. Your attorney will determine the appropriate legal strategy to get your property from the police.

Police will usually release property that isn’t the subject of a criminal investigation or doesn’t qualify as contraband. The property owner must prove ownership before the police will return it.

If the police consider property evidence in a case, it’s much harder to get it back. Typically, police will only release property thought to be evidence in instances like these:

• A judge decides on the outcome of the case
• There’s a court order requiring them to release the property
• Prosecutors aren’t pursuing further legal action in the case
• Prosecutors agree to give back the property via a release form

Have you heard someone say, “I wonder how to get my property back from police?” If so, know that if the police have your property in custody, they won’t return it to you without authorization from the court or the prosecutor. 

You will likely need to speak to the prosecutor and the court to understand why the police are holding it and the timeline for returning it to you.

Sometimes, prosecutors will want to hold your property indefinitely, especially if they anticipate needing it in the future. For instance, if a defendant appeals their conviction in a criminal case, the prosecutor may need your property for another trial.

It’s best to work with an attorney to determine the best way to get your property back from a prosecutor who wants to keep it for future purposes.

If police seize your property as evidence to use in a case, they’re unlikely to give it back to you quickly. Your property may remain in their custody for months or years until the outcome of a case is known. 

People are often understandably upset when police seize their property, especially if the items are of high value or used regularly by the individual. 

For example, a victim of car theft will likely need their vehicle to get to work or take care of other responsibilities. They won’t want to be stuck with loan payments while their car is in custody because prosecutors need it for evidence.

“I don’t know how to get my property back from police,” you may say to yourself. You should work with an attorney who will petition the court on your behalf to release the property. Your attorney will file your petition, and once the court and prosecutor have it, they’ll set a date for a hearing.

During the hearing, the judge will listen to your request. If they decide in your favor, they will authorize the release of your property, and you can present their authorization to the police. 

If the judge refuses to return your property, your attorney can advise you of the next steps.

If the court refuses to return your property to you, police can dispose of it in specific ways, depending on the context of your case.

If police charge you with a crime and believe you used the property to commit your offense, they may sell it at auction and give the proceeds to the victim or pay fines associated with your case. If there is no victim of your crime, police may donate the funds from an auction to a charitable cause.

The police may hold on to your property if they need it for further legal action. For instance, if law enforcement believes you are working with other individuals to commit crimes, they may hold your property as additional evidence in cases against other perpetrators.

Not always. Sometimes, police will retain your property as evidence in a case against a criminal. For instance, if someone stole your car and used it to rob a jewelry store, police can confiscate it until the outcome of criminal proceedings is known.

Getting property back from police is generally more manageable if you aren’t the subject of a criminal investigation. It’s best to work with an attorney to secure your belongings. That way, you’ll know that you’re following the appropriate legal steps, including petitioning the court and the prosecutor.

At Morgan and Morgan, all of our initial consultations are free. If you choose us as your lawyers, we’ll provide you with a contingency agreement. Under the contingency contract, you’ll agree to pay us a specific percentage of anything we win on your behalf.

During your consultation, we’ll explain how the contingency agreement works and how likely you are to recover your property. 

If police seized your property as part of an investigation, you’ll likely need the assistance of an attorney to recover it. Rules concerning property seizure vary from state to state, and a lawyer can determine which ones apply to your case. 

Contact Morgan & Morgan today to schedule a free case review.