Question regarding stolen property

[jbrown88]

I have a friend who had a Nintendo 3DS stolen out of his car. The guy who stole it was captured a short time later with the 3DS in his possession. The cops have been holding this as evidence for months, and told him today that it would be "months" before he has a chance to get his item back. Is there any type of recourse that he can use to get his item back from the police, without having to wait out the course of the trial? We are in southeast Michigan, just outside Detroit.

 

[quincy]

I have a friend who had a Nintendo 3DS stolen out of his car. The guy who stole it was captured a short time later with the 3DS in his possession. The cops have been holding this as evidence for months, and told him today that it would be "months" before he has a chance to get his item back. Is there any type of recourse that he can use to get his item back from the police, without having to wait out the course of the trial? We are in southeast Michigan, just outside Detroit.

If the police need the Nintendos as evidence, there is little chance that your friend can get these back before the trial.

 

[jbrown88]

If the police need the Nintendos as evidence, there is little chance that your friend can get these back before the trial.

My question...why wouldn't photos of the device suffice? Why do they need to hold onto the physical device? Getting the item stolen is bad enough, but when you look at the fact that the criminal had it for less than 12 hours, but the authorities have held it for 3 months and counting...c'mon. Who's the real thief?

 

[quincy]

My question...why wouldn't photos of the device suffice? Why do they need to hold onto the physical device? Getting the item stolen is bad enough, but when you look at the fact that the criminal had it for less than 12 hours, but the authorities have held it for 3 months and counting...c'mon. Who's the real thief?

If the police had not located the alleged thief and the stolen items, would your friend be any better off?

 

[justalayman]

My question...why wouldn't photos of the device suffice? Why do they need to hold onto the physical device? Getting the item stolen is bad enough, but when you look at the fact that the criminal had it for less than 12 hours, but the authorities have held it for 3 months and counting...c'mon. Who's the real thief?

So you think cops are having world of Warcraft tournaments on it? The guy that took it is the real thief. If you want it back tell the prosecutor you don't want the crime prosecuted.

While I sympathize with your predicament, there is apparently some reason the believe they need to hang on to the thing. Have you asked the prosecutor why they can't release it to you?

 

[CdwJava]

I have a friend who had a Nintendo 3DS stolen out of his car. The guy who stole it was captured a short time later with the 3DS in his possession. The cops have been holding this as evidence for months, and told him today that it would be "months" before he has a chance to get his item back. Is there any type of recourse that he can use to get his item back from the police, without having to wait out the course of the trial? We are in southeast Michigan, just outside Detroit.

When at all possible, it is best to hold on to the actual item of evidence. *IF* the stolen item had a serial number on it and your friend had reported that number, then a photo might be more likely. Otherwise, if the defense is making any rumblings about the items possibly NOT being stolen, then the prosecution may wish to hold on to the original evidence for some reason.

Your friend can always ask the prosecutor if he or she will release the evidence, but the police aren't going to do it on their own.

 

[CdwJava]

My question...why wouldn't photos of the device suffice?

Sometimes ... but, that's decision for the prosecutor.

Why do they need to hold onto the physical device?

For a number of reasons.

c'mon. Who's the real thief?

The guy who stole it.

As was pointed out, if the police hadn't recovered the system he'd NEVER get it back. At least now your friend might also be able to seek restitution in the form of a new game system if this one is ruined or has lost value (perhaps at least the value of the item at the time of the theft).