Getting property back that the police seized

evilthree

evilthree

Bluelighter
Joined
May 8, 2009
Messages
213
Location
Philly
I was arrested back in May. They gave me charges for possession of drugs and paraphernalia. During this arrest, they also took a bunch of my property. They took money I had, they took my wallet, and most importantly, they took my cell phone

Since then I have gotten a new phone, which is a complete piece of crap. I have not yet been sentenced in this case, but I know they are not bringing up any new charges. Initially they threatened to charge me with distribution or other related charges(long story, I'm not going to go too in depth in that unless it's relevant to me getting back my property)

My question is how do I go about getting back my stuff? I figure the money is a lost cause, I've already sucked up the basic fact that the cops pretty much robbed me. Now what I do want is I want my cell phone and wallet back. At the time of my arrest, they towed my car and impounded/searched it. The car's title was in my moms name, and after paying the tow fee she was able to get it back. This makes me wonder if I'll be able to get my other property back as well. If the property they took isn't necessarily evidence in the case, or related to charges, should I not be able to get my stuff back?

This whole experience has left me rather bitter, and I find it ludicrous that the people that are supposed to "protect" you from crime can rob you of your possessions if you are in possession of a substance, but that's life for you
 
I think that if distribution is one of the charges they often seize your property under the pretense that it could have been purchased with money gained from selling drugs. Usually they give you your wallet and phone and such when they release you from holding, at least they did for me. But I've definitely heard of them seizing the property of people arrested for distribution, which I wasn't. Keep your head up, the legal system is filled with bullshit.
 
I just asked the police this weustion in Cali, you cannot get your stuff back until the trial is over. You said you are waiting sentcing. That means I believe that the trial is not over. You should be able to get everything back, unless they say the money is from selling drugs, but that is kind of hard to prove. I did the same thing with my car, hehe. Fathers name. It doesnt matter if they are saying its evidence in the case or not. Shit I got condoms as evidence I found out, lol. You know how us druggies use condoms to store shit, especially when they are ribbed for her pleasure. The shitty thing is, they have up to five years (again Cali Law) to charge you with something if they havent charged you with anything yet. if you do accept a plea in one of the drug charges that stemmed from this case, they cannot charge you with anything else (again Cali law). Good luck and just go down to the police station where they brought you or the central one and ask. The cops up front are usually cool if you respect them.

Well here in San diego, its all a big game with the piggies. They dont give a shit about ruining peoples live, reports have holes all over the place, and this city of mine has been known for corruption for years, ever hear of Duke Cunningham.
 
The police could be holding it as evidence. This would be a question to ask your attorney.
 
this happened to me, sorta. in az, i was given my wallet back, only after it had been completely emptied and inventoried, and when i was released. there were several items (ipod, foreign money, etc.) that they would not keep at the jail, and i was mailed a receipt to pick up these items from a holding facility run by the county. i was simply arrested for possession/paraphernalia so i'm not sure how my situation applies to yours. but maybe you could ask your attorney. while i don't know the particular laws in your case, it sounds like bs. your phone and wallet? come on. though there was recently a CA case where the police looked at a guy's phone after being picked up for questioning, then pressed charges due to information found on the phone. may have set a precedent, so maybe the phone is, in fact, being held as evidence. good luck :)
 
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