Reclaiming evidence

[joshuasmom]

What is the name of your state? Co

My roommate was accused of theft from the place he worked. He stored the alleged stolen items in his room, in my house. When the police came they took anything and everything from my house they thought could have been stolen, most of which belonged to me. Now the case against him has been dismissed but the items taken from my house remain either in evidence or with the alleged victim – (the D.A. released most items recovered from my house to the alleged victim without determining what belonged to the victim vs. what belonged to me). Now that everything’s been dismissed against my roommate, I have no way to recover the items taken from my house which belonged to me without proving they were mine to begin with. Some items were gifts, some were bought years ago, etc. My question is, why should I have to prove that what was taken from my house was mine – shouldn’t the officials, witnesses, etc. have to prove that these items were not mine? And how can I recover the items that were given to the alleged victim? Thanks.

 

[Kane]

I've never personally dealt with this, but I'll hazard a guess. I'd suggest the first step would be to call the police station, and ask them what you need to do to reclaim property that was seized as evidence. If you're not satisfied with what they tell you, I suspect you'll need to contact a civil attorney.

The second step would be to call or write the victim, and see what he says about it. My best guess is he'll say what the police gave him, were things that were stolen from him. And that therefore, they do not belong to you.

If that's what he says, again, I suspect you'll need to contact a civil attorney. Or file a claim in small claims court.

I doubt it'll be worth it, unless you're talking about some pretty high-dollar items.

 

[TYRIS]

What is the name of your state? Co

My roommate was accused of theft from the place he worked. He stored the alleged stolen items in his room, in my house. When the police came they took anything and everything from my house they thought could have been stolen, most of which belonged to me. Now the case against him has been dismissed but the items taken from my house remain either in evidence or with the alleged victim – (the D.A. released most items recovered from my house to the alleged victim without determining what belonged to the victim vs. what belonged to me). Now that everything’s been dismissed against my roommate, I have no way to recover the items taken from my house which belonged to me without proving they were mine to begin with. Some items were gifts, some were bought years ago, etc. My question is, why should I have to prove that what was taken from my house was mine – shouldn’t the officials, witnesses, etc. have to prove that these items were not mine? And how can I recover the items that were given to the alleged victim? Thanks.

-If the charges have been dismissed, go down to the District Attorney's Office with your friend and have the DA release the items. You should then be able to go to the Police Department and get them.

Tyris

 

[joshuasmom]

Providing Proof

I've already gone to the DA's office to request items back but they are making me "prove" the items they took were mine - this doesn't seem right since they took them from MY house - some of the items were hand me downs from deceased relatives, etc. Isn't there some sort of "possession law".. they took My stuff from My house - now I have to prove it was mine in the first place? Doesn't seem right - and if I cant prove that these items belonged to me by method of receipt - what happens to my belongings? Thanks.

 

[gawm]

and if I cant prove that these items belonged to me by method of receipt - what happens to my belongings? Thanks.

The DA's and police officer's children get them as birthday and Christmas gifts

 

[joshuasmom]

The DA's and police officer's children get them as birthday and Christmas gifts

nice. thanks.

 

[garrula lingua]

The Judge (in the case) can order that the cops release the evidence.

As to WHOM to release to, the cops gave/left a signed receipt for all items they took.

If the perp has stolen your items by claiming them from cops, go to cops and file a report of theft on the guy

If you don't have receipts, file in small claims. Go thru your old pictures and see if you have any showing these items in your possession.
Ask your friends/relatives remember seeing those items in your possession. If they do (honestly), then ask them to attend your small claims hearing and testify that they saw those poss'ns in your house.

PS: Small claims is a free-for-all. As the plaintiff, you have the burden of truth. However, the 'Judge' is usu an atty with approx five yrs of experience & it can often be 'rough justice'. If you have no receipts, think of other ways you can prove you owned these items (ever have them repaired, borrowed, etc)

 

[joshuasmom]

reclaiming evidence

question... can one really file a claim on an 'alleged' victim who received property from the police knowing it wasn't theirs? Another question, when the police originally took the items, shouldn't they have verified that it belonged to the victim before charging the defendant with a class 3 felany?