evidence-time that police can hold any property

[cdkelley]

What is the name of your state? California
I live in Santa Clara Co,Ca
.How long are the police suppose to hold property if it is found in confiscated property, but isn't pertaining to the original charges?
How long are the police suppose to hold property that is considered evidence in a crime?
Thanks for help.

 

[CdwJava]

What is the name of your state? California
I live in Santa Clara Co,Ca
.How long are the police suppose to hold property if it is found in confiscated property, but isn't pertaining to the original charges?
How long are the police suppose to hold property that is considered evidence in a crime?
Thanks for help.

The short (and flippant) answer: They can hold it as long as their department policy and state law permit them to.

The time actually varies. It depends on what the property is, and whether ownership has been established. Usually the police are not going to release someone's property until or unless the DA or a judge gives them signed authorization to do so. If it is potential evidence they are not likely to release it.

Specifically, what is the property that is being held, how did the police get a hold of it, and what are they telling you is the reason they will not release it to you?

- Carl

 

[cdkelley]

Goodmorning Carl,
I was hoping that you would answer.
It's not my property .Ok this guy that is in custody for burglary use to stay off & on with a friend of mine(one of those love triangle situations).Well after he went into custody my friend was cleaning out her dresser drawers & noticed that some of her stuff(i.e. jewelry,& misc. items) were missing.I advised her to report the missing items immediately.Which she did.
In the meantime his "other" girlfriend came by & started discussing how the police took "her" jewelery by" accident" when they confiscated the stolen property.She then perceeded to discribe the same things the 1st girl had discribed & reported stolen! I didn't say anything but did tell the 1st girl what i'd learned.Advising her to let the detective that she'd talked to know these things.
So now the guy & girl #2 have both said that this jewelry isn't stolen,that it's always been girl # 2's.So girl #1 is really upset.becuz she was told that since it's 2 peoples word against 1 it looks funny.
Well I thought that strange since girl #1 has no record is a very reliable,trustworthy person,who has a house,etc. where as the guy obviously is dishonest,& girl #2 is a recent ex-parolee.
I got on my friend,girl#1 & made her track down the jeweler & get proof because one iof the pieces in question was special made for her.So now everything is going to hopefully be resolved & she'll be given back anything that is hers.
But i always thought if the property was in the evidence that it would be held for 1 year before being released. Am I right about this? Or does it depend on the situation & also maybe the police department?
My friend & I were just curious.That's IF the PD decides to give her jewelry back.I think with her finding proof of ownership it will be.
Thanks for taking the time to answer.Have a nice day.
Cathy

 

[CdwJava]

The police aren't going to release disputed property or potential evidence without a court or the DA making that decision. They are not in the habit of deciding ownership of disputed property.

Typically agencies will hold property for an indefinite period if there is a dispute or it is potential evidence. Every agency operates under different policies, but in the case of evidence, the general rule is that the evidence remains until it is ordered released by the DA or the court, or until the time for an appeal on a conviction has expired.

Very often the owners of such property have to retain legal counsel to force the issue.

- Carl