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Need advice how to get my property

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jplaw

Junior Member
What is the name of your state (only U.S. law)? CA
I live in Los Angeles. I was arrested for DUI by CHP in Fresno County in July 08. They towed my car. I had some Gold jewellery, which I was wearing. The CHP officer had me take off my jewellery on the side of the freeway.
I contacted the CHP office of that area, after some time, in writing demanding that my property be given back to me, but they said they did not have any of my property on record.
He never booked any of that in evidence. In my DMV hearing, when questioned, the officer admitted that he had me take off my jewellery, and also accepted that he did not book it, which was against the CHP arrest procedures.
Now I don't know how to get my Jewellery back, I have tried various lawyers but as soon as they hear about CHP, they simply say, they do not handle these kind of cases.
Finally I wrote to the judge, asking to issue an order for the CHP to return my property, yesterday I got a reply asking me to file a Notice of Hearing in his court and put self on Calender.
My another question is what is the procedure to file a Notice of Hearing, bcoz I cannot any kind of form online.
Any Help will be appreciated.
 


CdwJava

Senior Member
He never booked any of that in evidence. In my DMV hearing, when questioned, the officer admitted that he had me take off my jewellery, and also accepted that he did not book it, which was against the CHP arrest procedures.
Where did he put it? If it did not go with you to the jail, and it was not placed into evidence or safekeeping with the CHP, then was it placed back in to the car when the car was impounded? If in the car, and you are the registered owner, you should be able to go to the tow yard to retrieve the items.

So, the first step is to find out WHERE the jewelry is. if they do not have the jewelry, your next step is to file a claim against the CHP where you itemize the items requested and their value. If they deny the claim or proper compensation, you can then try to sue them (likely in small claims court).

A court order will do you no good if the CHP does not possess the items.

- Carl
 

jplaw

Junior Member
Thank you so much for your reply

Where did he put it? If it did not go with you to the jail, and it was not placed into evidence or safekeeping with the CHP, then was it placed back in to the car when the car was impounded? If in the car, and you are the registered owner, you should be able to go to the tow yard to retrieve the items. - Carl
I have no idea where he put the property, in fact I was taken to a hospital because of medical emergency, so I never went to the jail. He left me in the hospital, with the DUI ticket next to my bed and instructed the nurse that I could leave next day.

Next day I did go to the CHP office and got my car keys, and retrieved my car, but as I was so traumatized and under medication that I did not even bother looking or asking about my Jewelery.


So, the first step is to find out WHERE the jewelry is. if they do not have the jewelry, your next step is to file a claim against the CHP where you itemize the items requested and their value. If they deny the claim or proper compensation, you can then try to sue them (likely in small claims court). - Carl
How and where do you file the claim against CHP? I had sent them a certified letter requesting them to return my property and I did a call from their office that they did not have any property on record because it was not booked.

After they deny, that is when I move to the small claims court, as I understand what you suggested.

A court order will do you no good if the CHP does not possess the items. - Carl
Ok I understand
 
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CdwJava

Senior Member
I have no idea where he put the property, in fact I was taken to a hospital because of medical emergency, so I never went to the jail. He left me in the hospital, with the DUI ticket next to my bed and instructed the nurse that I could leave next day.
Have you checked with the hospital to see if they or any ambulance staff have the items?

Next day I did go to the CHP office and got my car keys, and retrieved my car, but as I was so traumatized and under medication that I did not even bother looking or asking about my Jewelery.
You need to ask about it before you start making claims and threatening lawsuits.

How and where do you file the claim against CHP? I had sent them a certified letter requesting them to return my property and I did a call from their office that they did not have any property on record because it was not booked.
If they do not have your property, of course they are not going to respond to your letter. You say the officer admitted to retrieving your jewelry .. .the next step is to ask him what he did with it?

I do not know what the proper process for making a claim might be, but it generally involves a certified letter outlining the nature and value of the items, asking for their return or financial compensation. You might be able to find a sample letter through searches on the internet.

After they deny, that is when I move to the small claims court, as I understand what you suggested.
Correct.

But, until you have done your homework, you have no valid claim. The hospital might have been the last to possess the items ... could have been an ambulance driver ... could have been someone you were with ... who knows?

Inquire a little more.

- Carl
 

jplaw

Junior Member
Have you checked with the hospital to see if they or any ambulance staff have the items?


You need to ask about it before you start making claims and threatening lawsuits.


If they do not have your property, of course they are not going to respond to your letter. You say the officer admitted to retrieving your jewelry .. .the next step is to ask him what he did with it?

I do not know what the proper process for making a claim might be, but it generally involves a certified letter outlining the nature and value of the items, asking for their return or financial compensation. You might be able to find a sample letter through searches on the internet.


Correct.

But, until you have done your homework, you have no valid claim. The hospital might have been the last to possess the items ... could have been an ambulance driver ... could have been someone you were with ... who knows?

Inquire a little more.

- Carl
Thank you so much, you are absolutely right, that I need to do my homework.
I called that CHP office concerned and talked to the Officer-in-charge today and told him about my situation, he told me that he will get back to me by tomorrow after inquiring from that officer.
Secondly, to back up my claim, regarding hie admission to taking my Jewelery, I contacted DMV in Sacremento (Litigation Dept) for the copy of the transcript of the DMV administrative hearing).
Please I do understand that I cannot blame anyone right now, till it has been inquired fully, but the last known person, who has admitted is that arresting officer.
I should wait what that Officer-in-charge tells me tomorrow. And I think I should contact the Ambulance and the Hospital to find out if they by any chance have it.

I have one question, is it possible that the officer may say that he left the jewelery in the car, which seems to be very odd because of it being pretty expensive jewelery worth more than the car itself. In the same context if he had recovered substantial amount from me, can he just claim that he just left it in the car, doesn't he become somewhat responsible once he has physically taken it from me, which I was wearing. I sorry I did not specify earlier, that the Jewelery involved (two) 22 carat gold necklaces, (one) ring a hand bracelet. If it was a just fake Jewelery, I would not even bother trying to claim it.
 

outonbail

Senior Member
Was your vehicle impounded? If so, did you get a release from the CHP, pay all the towing/storage fees and get your vehicle back from the towing company?
Was there a 180 filed with the towing company?

The "180" is the number of the form used by law enforcement in California to do an inventory of your vehicle. It should list the contents of your vehicle when the tow company took possession of it.
 

jplaw

Junior Member
Was your vehicle impounded? If so, did you get a release from the CHP, pay all the towing/storage fees and get your vehicle back from the towing company?
Yes sir, my vehicle was impounded, and yes I did get it released from CHP. CHP office did give me my keys. I paid all the towing/storage charges and got my vehicle released.

Was there a 180 filed with the towing company?

The "180" is the number of the form used by law enforcement in California to do an inventory of your vehicle. It should list the contents of your vehicle when the tow company took possession of it.
HATS OFF TO YOU, OH MY GOD, yes yes yes, 180 was filed, which has the inventory of the car and there is no mention of any jewelery in it.

Thank you, Thank you .. it didn't even crossed my mind to check (180) the inventory of the car, I just checked and went thru it and there is no mention of the property, IT is not listed.
 

CdwJava

Senior Member
I have one question, is it possible that the officer may say that he left the jewelery in the car, which seems to be very odd because of it being pretty expensive jewelery worth more than the car itself.
It is possible, yes. It wouldn't be the BEST idea, but if he's busy dealing with a medical problem or an arrest, he may have just decided that putting it in the glove box or some personal belonging of yours was the better way to address the issue. If not in the car or retained by the officer, chances are it was given to the medics or turned over to hospital staff.

In the same context if he had recovered substantial amount from me, can he just claim that he just left it in the car, doesn't he become somewhat responsible once he has physically taken it from me, which I was wearing.
Yes, he can make such a claim. And an argument can likewise be made that he is liable for its loss. The issue then becomes one of identification and valuation of the items. Because you claim to have had a necklace worth a certain amount of money doesn't mean they will settle a claim based on that. They might, but they might also argue the valuation or even the existence of the items in question.

But, it appears the CHP supervisor is now looking into it. I would assume the officer will know what he did with the stuff and that will give another lead.

- carl
 

CdwJava

Senior Member
HATS OFF TO YOU, OH MY GOD, yes yes yes, 180 was filed, which has the inventory of the car and there is no mention of any jewelery in it.

Thank you, Thank you .. it didn't even crossed my mind to check (180) the inventory of the car, I just checked and went thru it and there is no mention of the property, IT is not listed.
If the officer claims to have put it back in the car, then that plays against them in the civil claim.

What is your estimated value of the jewelry?

- Carl
 

jplaw

Junior Member
If the officer claims to have put it back in the car, then that plays against them in the civil claim.

What is your estimated value of the jewelry?

- Carl
All the Jewelery is work close to $20k -25k ..as they are ancestry jewelery handed down from generation to generation, one of the necklace I was wearing was my mom, who passed away and she used to wear it and I used to wear it in her memory
 

jplaw

Junior Member
It is possible, yes. It wouldn't be the BEST idea, but if he's busy dealing with a medical problem or an arrest, he may have just decided that putting it in the glove box or some personal belonging of yours was the better way to address the issue. If not in the car or retained by the officer, chances are it was given to the medics or turned over to hospital staff. - carl
He had already arrested me and called the Tow Truck people to come to tow the car, he then took me in his car to the CHP office which was nearly 13 miles away ..by the time we got there, I had a mild heart attack...so there was no medical emergency at that time when my car was being towed off.


Yes, he can make such a claim. And an argument can likewise be made that he is liable for its loss. The issue then becomes one of identification and valuation of the items. Because you claim to have had a necklace worth a certain amount of money doesn't mean they will settle a claim based on that. They might, but they might also argue the valuation or even the existence of the items in question.- carl
I can get the pictures and the estimated value of it thru the insurance company thru which it was insured.

But, it appears the CHP supervisor is now looking into it. I would assume the officer will know what he did with the stuff and that will give another lead.

- carl
I Hope so
 

outonbail

Senior Member
Thank you, Thank you .. it didn't even crossed my mind to check (180) the inventory of the car, I just checked and went thru it and there is no mention of the property, IT is not listed.
Well if you have an arrest report in which the CHP officer mentions the jewelry and him having you remove it,,,,

and you have the 180 which doesn't list this same jewelry, then I'd say your chances of recovering something (not necessarily the full value) have gone above 50/50. These documents should also help gain some cooperation from the officer in trying to locate the items and if nothing else, get his attention.

You should try to find the original receipts in order to help in estimating the actual value and maybe even have the jewelry store write up a quote or appraisal of the current value of these items. Since the US Dollar is enjoying a downhill journey these days, the replacement cost could be significant.

When you're dealing with the CHP, be respectful and don't accuse them of any intentional wrongdoing or get angry/upset with them. They will be more willing to help you locate your property if you don't start threatening them with lawsuits and using the term, "my attorney"**************
 

jplaw

Junior Member
Well if you have an arrest report in which the CHP officer mentions the jewelry and him having you remove it,,,,

and you have the 180 which doesn't list this same jewelry, then I'd say your chances of recovering something (not necessarily the full value) have gone above 50/50. These documents should also help gain some cooperation from the officer in trying to locate the items and if nothing else, get his attention.

You should try to find the original receipts in order to help in estimating the actual value and maybe even have the jewelry store write up a quote or appraisal of the current value of these items. Since the US Dollar is enjoying a downhill journey these days, the replacement cost could be significant.

When you're dealing with the CHP, be respectful and don't accuse them of any intentional wrongdoing or get angry/upset with them. They will be more willing to help you locate your property if you don't start threatening them with lawsuits and using the term, "my attorney"**************
Thank you outonbail ..it is a good advise and I will be very very respectful to them, secondly ..no it is not mentioned in the arrest report even..regarding him having me take the jewelery off on the side of the freeway in the night (abt 10 PM), but he admitted it in the DMV administrative hearing under oath that he did have me take off my jewelery.
I will try to get the receipts as you mentioned ..thank you once again to you and to carl for pointing me to the right direction ..

My only other problem is that no one wants to touch this case ..and I don't know how to file a notice of motion as the judge instructed me. If you have any ideas please please let me know.....THANK YOU ONCE AGAIN
 

CdwJava

Senior Member
He had already arrested me and called the Tow Truck people to come to tow the car, he then took me in his car to the CHP office which was nearly 13 miles away ..by the time we got there, I had a mild heart attack...so there was no medical emergency at that time when my car was being towed off.
Okay. Though it is still possib le he placed the jewelry in the car. Though without it being on the 180, and unless the tow company found and secured it, that plays against the officer if he doe snot recall what happened to the jewelry.

I can get the pictures and the estimated value of it thru the insurance company thru which it was insured.
Impressive. $20-$25k? Okay, that's beyond Small Claims. You'll need to hire an attorney and file in superior court if they cannot find the jewelry.

Of course, if the officer does not recall removing any jewelry, and there is no independent proof you were wearing it that night, there might be a problem making a claim.

As for his claim in the Admin Hearing, if that is your only recollection of the jewelry, that might be a problem. Did he describe the jewelry? If not, he may have referred to a watch or something.

I would be pretty sure that he was not trying to steal it. if he took it and did not place it into evidence, he likely did something else with it. Hopefully for him he didn't bag it and leave it on the hood of his patrol car ... oops! Maybe it's bagged in his gear bag, or in the glove box of his assigned vehicle? Or, maybe it was handed off to the ambulance crew or hospital staff? There are a number of possible options. Hopefully it will all be cleared up when the supervisor speaks to the officer.

- Carl
 

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