Can police keep your stuff as evidence as long as they want if your not being charged

[BOR]

And OP, you sound alittle surprised that when you were hanging out in a house that was being raided by the law, they immedeately took you into custody before searching the house... did you think they were going to ask you questions first?

Although everyone on the compact premises in serving a home warrant is considered "seized", as in they can not leave if not permitted, he said he was arrested before any search.

As a comparative example, the US SC made it clear a few years ago that when an automobile is stopped, ALL passengers are seized for 4th AM purposes. There was conflict among the courts on this.

Now his view of arrest may be different, but unless the magic words were uttered, he was in effect not arrested.

 

[Banned_Princess]

Although everyone on the compact premises in serving a home warrant is considered "seized", as in they can not leave if not permitted, he said he was arrested before any search.

As a comparative example, the US SC made it clear a few years ago that when an automobile is stopped, ALL passengers are seized for 4th AM purposes. There was conflict among the courts on this.

Now his view of arrest may be different, but unless the magic words were uttered, he was in effect not arrested.

Well, exactly. I get the impression this is a kid, maybe just 18 or younger, and is really seeing things from the eyes of a kid. So, his impression might have been different then what happened.

He was probably officially arrested when they found the weed in his immediate possession.

 

[CdwJava]

I don't find it that odd? Lost of people take stuff to someone elses house.

Amazing coincidence ... I find it odd. I have all three of those items but I have never ever brought all three to someone else's house on a causal visit. I might bring them to Starbucks if I have work to do and I am away from home and staying somewhere where there is no good wifi (like a hotel).

NOW, in the context here, it may be considered a criminal tool, yes, but PC is still needed to take it, right. They just can't take a persons cell phone etc., just because it is on the compact premises, right?

Which is precisely why I suspect the police know more than the OP is revealing, or that the OP knows. Unless the OP's local police are dunderheaded morons or they know a wee bit more about what is going on. If they are idiots, they might assume that anything on anyone inside the residence is fair game ... if they are idiots, I doubt they would have known how to write a decent search warrant and the whole case will get quashed.

I suspect there is more to this than meets the eye, or the police have some reason to believe that to be the case.

The OP is either more deeply involved than he is letting on, or the police have reason to believe he is. I doubt the items were sitting in a backpack he had brought inside only moments earlier.

No matter, if they were seized via search arrant the police cannot release it.

He said he was charged with unlawful possession of MJ, yes.

There may be more charges.

 

[Banned_Princess]

Well Carl, thats because you are considering it from the perspective of a grown man with a higher maturity level and your own home and no sense of need to carry everything with you. But teenagers, especially ones that dont really hang out at home, definately would be carrying this kind of stuff around with him. Its a bad Idea, but you cant tell them youngins nothin'


OP is likely some kid, who was carrying all of his techs around in his bookbag, hanging out with a known dealer / friends house smoking weed, and had weed in his pocket..

 

[CdwJava]

Well Carl, thats because you are considering it from the perspective of a grown man with a higher maturity level and your own home and no sense of need to carry everything with you. But teenagers, especially ones that dont really hang out at home, definately would be carrying this kind of stuff around with him. Its a bad Idea, but you cant tell them youngins nothin'


OP is likely some kid, who was carrying all of his techs around in his bookbag, hanging out with a known dealer / friends house smoking weed, and had weed in his pocket..

I understand that. But, unless the cops were morons they KNOW that the search warrant does not generally cover the property of casual visitors. Yes, they might be morons, but more than likely they had some reason to suspect more was going on ... it could be that the items were spread around the room and being used by others, or some other information led them to believe they were part of the items they sought in the warrant.

 

[Banned_Princess]

I understand that. But, unless the cops were morons they KNOW that the search warrant does not generally cover the property of casual visitors. Yes, they might be morons, but more than likely they had some reason to suspect more was going on ... it could be that the items were spread around the room and being used by others, or some other information led them to believe they were part of the items they sought in the warrant.

Exactly. that stuff wasn't in his bookbag at the time of the raid, it was all spread out, who are the cops to differentiate the difference between the stolen property listed vaguely in the warrant (laptops Ipods cellphones even..) and the property of kid that wasn't obviously his property...


I just feel like there was nothing done by the police that was out of the norm, and it sounds like the whole thing is just obvious consequences of hanging out in places like that.

 

[xylene]

I suspect the police's suspicions have become a quasi-illegal holding of the property of a person arrested who is too foolish to get a lawyer to demand the return of property in court.

 

[George1776]

I think he finally admitted to being in NY....

I would never admit that.

 

[CdwJava]

I suspect the police's suspicions have become a quasi-illegal holding of the property of a person arrested who is too foolish to get a lawyer to demand the return of property in court.

No, I suspect it is a legal holding of the property when legitimately seized pursuant to a search warrant. The police can NOT release it on their own accord.

The police have no say in the matter if seized via a search warrant, only the court can generally order its release.

 

[xylene]

No, I suspect it is a legal holding of the property when legitimately seized pursuant to a search warrant. The police can NOT release it on their own accord.

The police have no say in the matter if seized via a search warrant, only the court can generally order its release.

Per the poster, the police have already given conflicting answers on that, hence my comment.

I do however agree that at this point only the involvement of the court will secure the return of the property. Which of course means a lawyer, as should have been done weeks ago.

"My called them..."

 

[CdwJava]

Per the poster, the police have already given conflicting answers on that, hence my comment.

I do however agree that at this point only the involvement of the court will secure the return of the property. Which of course means a lawyer, as should have been done weeks ago.

"My called them..."

He said the police said they were holding it as evidence. This is true. It is, I presume, evidence seized pursuant to the search warrant. As such, it is evidence that cannot be released absent an order from the court.

The kid certainly needs an attorney because God only knows what level of involvement they will ultimately tie to the kid. Woe be to him if they find evidence of drug activity on any of those three items, or tie them to being stolen property somehow.

 

[You Are Guilty]

Certain NY police (and, ahem, prosecutors) might have an unofficial policy never to release anything barring a court order to do so (which will likely require the assistance of a lawyer).

Occasionally, even with a court order in hand, it can be difficult to get their cooperation. In such cases, a second, conditional order of contempt (also likely to require professional legal assistance) is usually enough to do the trick.

 

[tlmkmoon]

I am in a similar situation perhaps this link will help you I hope you get your stuff back... Check out this link if you haven't got your stuff back yet...

Legal-Aid

I really think the police misuse their power when they are obtaining property like electronics....

 

[cyjeff]

I am in a similar situation perhaps this link will help you I hope you get your stuff back... Check out this link if you haven't got your stuff back yet...

Legal-Aid

I really think the police misuse their power when they are obtaining property like electronics....

Yeah, it's been over 8 months. I am sure the situation has resolved itself.

Please don't necropost.

 

[LoSo]

I hope they gave you a receipt for these items … Did they?