Item taken from search without consent...

[philippino6789]

I stay in california and we were pulled over for a white turn signal blinker. The driver I was with is on probation and the car was searched. They found some illegal items on me and the driver and the third passenger did not break any laws and was let go the after the car was searched and towed. But the problem is he had left his digital camera in the glove compartment and when my buddie's brother picked up his car from the tow yard the camera was missing. The camera didn't contain any pictures pertaining our case. What would my friend need to do to get his camera back?

[outonbail]

Originally Posted by philippino6789

I stay in california and we were pulled over for a white turn signal blinker. The driver I was with is on probation and the car was searched. They found some illegal items on me and the driver and the third passenger did not break any laws and was let go the after the car was searched and towed. But the problem is he had left his digital camera in the glove compartment and when my buddie's brother picked up his car from the tow yard the camera was missing. The camera didn't contain any pictures pertaining our case. What would my friend need to do to get his camera back?

First he needs to determine if the camera was taken into evidence or if it was left inside the vehicle. So, he would have to go to the police department and ask them. If it was taken in as evidence, then he would have to speak to the detective handling the case and ask when he could expect it back or if he would need the court to order it's return. He should bring any paperwork/receipts he has that would show he is the legal owner and received it through a legal purchase.
If it was left in the vehicle, then ask them for a copy of the 180. I believe that is the form number. Carl can correct me if I'm wrong.
Anyway, this is an inventory sheet, which is filled out by an officer who was on scene when the towing company arrived to impound the vehicle. The tow truck driver would sign this form and receive a copy. Whatever is listed on this 180, the towing company is responsible for. But they should be informed of the missing item when you are at their yard picking up the vehicle, or as soon as possible after you've had it released.

So the question becomes, was the camera listed on the 180?

If not, it doesn't necessarily mean it was not there, it just becomes much harder to prove that it was and you will most likely have to take the towing company to small claims court with whatever proof you can produce, that would show that it was left in the vehicle and recover the value by winning a judgment against them in court.

Even if it was not listed on the 180, you can always ask to speak to the officer who did the search and see if he remembers it being there. If so, his word would carry a lot of weight. But I wouldn't count on an officer taking the side of the people he arrested in order to help them get a camera back.

When did you notice it was gone? Was it brought to the attention of the towing company right away? The longer you wait, the harder it will be to convince anyone it was there, or that it wasn't when you picked up the vehicle.

[philippino6789]

We realized the camera was gone just last night a couple hours after the car was picked up.

[CdwJava]

Originally Posted by philippino6789

But the problem is he had left his digital camera in the glove compartment and when my buddie's brother picked up his car from the tow yard the camera was missing. The camera didn't contain any pictures pertaining our case. What would my friend need to do to get his camera back?

Does your friend know what happened to the camera? Does he KNOW the police have it? If the police do not have it, then your friend may want to file a theft report with the police department ... hopefully someone documented the presence of the camera during the impound inventory ... which, as outonbail mentioned, woul dbe the CHP 180 form (the tow company will have a copy along with the impounding agency).

If the police DO have it, he needs to ask what he can do to get it back. If they refuse, he may need to speak to an attorney about seeking its return ... though he might just want to wait as the cost of the attorney will likely be many times the cost of the camera.

- Carl