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  1. #1
    T3K
    T3K is offline Junior Member
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    Exclamation Can police keep your stuff as evidence as long as they want if your not being charged

    Basically i was at my friends house and it was raided for pot selling, nothing to do with me i was just at the wrong place at the wrong time, yet i was instantly arrested before the search began. My friend was also somehow in possetion of a stolen laptop, again nothing to do with me. I also had on me at my friends house my ipad and iphone, which i bought at the store so i had receipts, and one macbook laptop that i had bought in a craigslist sale, so there was no receipt to obtain. so now its been over a month and everytime me or my mom say we want our stuff back, with the recipts they say they are holding it as evidence, yet i was never charged with position of stolen property. i also recieved an email from an officer saying:"regarding your stolen ipad" when i know for a fact i paid in the store and have a receipt. it just seems like they can keep my stuff for no reason without giving me a time i can get it back. and im leaving for school this week so i wont have a laptop, phone, or ipad to take with me
  2. #2
    TheGeekess is offline Senior Member
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    What US State?
  3. #3
    T3K
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    well i would understand if i actually stole something... but could you please explain what i did wrong? if im not being charged with anything how can they just keep my stuff
  4. #4
    BOR
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    You say you were arrested, right?

    Are you now saying the charge was dropped?
  5. #5
    T3K
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    i was arrested instantly and put into handcuffs before they even found anything. the police at the station thretend that i would be charged with everything in the house to try and get me to talk, but i couldnt answer their questions. they ended up releasing me at 630 am the next morning, charging me with only Unlawful posetion of marijuana
  6. #6
    BOR
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    Facially, it is even questionable they had a right to seize what you had. Simly because you were arrested is not a 4th AM license to take them, even if they were "on your lap" or person if you will.

    This is kind of like to me having a laptop on a table next to you, being arrested and the police seizing it as evidence.

    If there was not probable cause to believe the items had evidence of a crime on them, the seizure most probably UNconstituional.

    As it stands, unless you ask the court when arraigned, they will hold on to them until adjudication, meaning a final entry of your charge, conviction or aquittal.
  7. #7
    T3K
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    Well that sounds alot like what i thought. theyr making it seem like wherever some1 gets arrested they have a right to just take everything in the house and say its "evidence" but the problem is theyr just not giving it back. your saying that they will give it back once my UPM is done with in court? they are not making it seem that way at all. what actions can i take if they dont give it back by the time my courtdate is over and i pay the fine?
  8. #8
    BOR
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    Quote Originally Posted by T3K View Post
    what actions can i take if they dont give it back by the time my courtdate is over and i pay the fine?
    You then demand it from the Police, if that does not work, then the City or County Prosecutor's office, whoever handled the case, is next. If that fails than a lawsuit is necessary.

    What state is this, I may check around if I have spare time.
  9. #9
    T3K
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    Thank you so much you have been an amazing help!! more then i could ever expect from a free law forum. you the man. and im in new york right now. it kinda sucks bc im going away to school this week and i wouldve liked to take my stuff with me but im jus gonna tell my mom what you said and hopefully that will work. thanks again. and if you have any more info regarding my state that would be awsome too.
  10. #10
    BOR
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    Quote Originally Posted by T3K View Post
    Thank you so much you have been an amazing help!! more then i could ever expect from a free law forum. you the man.
    Right on!!
  11. #11
    CdwJava is online now Senior Member
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    You brought your iphone, ipad and laptop to your friend's house? On a casual visit? How ... peculiar.

    I strongly suspect the police had some more information that they have not chosen to share with you.

    Now, if these items were seized pursuant to a search warrant, then it will be up to the COURT to release the items, not the police or the prosecutor.

    Are you being charged with a crime? It sounds as if they suspect you of being part of the operation somehow.

    If you have not already done so, you had best engage legal counsel for assistance.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  12. #12
    BOR
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    Quote Originally Posted by CdwJava View Post
    You brought your iphone, ipad and laptop to your friend's house? On a casual visit? How ... peculiar.
    I don't find it that odd? Lost of people take stuff to someone elses house.

    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?

    Are you being charged with a crime?
    He said he was charged with unlawful possession of MJ, yes.
  13. #13
    TheGeekess is offline Senior Member
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    Quote Originally Posted by Banned_Princess View Post
    Did this kid ever say what state he was in?
    I think he finally admitted to being in NY....
  14. #14
    BOR
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    T3, this provides some guidance, but is not specific in the fact that it be released upon adjudication.

    http://law.justia.com/newyork/codes/...55_690.55.html

    Yes, if it was seized under execution of a warrant, you being named on it or not, the Court may have to release the items when the time is appropriate.

    You say it was "raided", so I imagine it was on a warrant. 690.50 mandates receipts be issued for items taken, was there?
  15. #15
    Banned_Princess is offline Senior Member
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    Darn it I was trying to be smooth and moved this comment accidentally. . . Sorry.





    Did this kid ever say what state he was in?

    Oh ok. NY.

    The stuff must have been listed on the warrant, and like, was not in his backpack because he was using them or whatever..(If I had that kind of stuff as a kid, I would have carried it and used it everywhere. ) So it probably is up to the court to release it. I mean the kid DID say the actual owner of the house being raided had stolen electronics, the court is probably just trying to identify all of the evidense.

    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?

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