What should I do if police improperly seize my property?

What To Do If Police Improperly Seize Your Property

Having your property taken by the police can be a scary and frustrating experience. Even if you haven’t done anything wrong, the police may sometimes seize your stuff improperly or without good reason. So what can you do to get your property back? Here’s a quick guide on your rights and options if the police wrongly take your property.

First Steps

If the police seize your property, the first thing to do is stay calm. Arguing or getting angry with the officers will only make things worse. Be polite and cooperate, but make it clear you do not consent to the seizure. Ask the officers questions like what law allows them to take your property and why they are seizing it specifically. Get their names and badge numbers too for future reference. And very importantly, do not physically resist the seizure in any way—that could get you arrested!

Next, document everything you can. Take photos and videos of the officers taking your property. Get a receipt from them listing what exactly was seized. Make note of the exact date, time, location, and officers involved. These details will help if you need to dispute the seizure later.

If the seizure happens at your home or business, you may want to consult a lawyer right away. An attorney can advise you on the legality of the search and seizure, and possibly take quick legal action to get your stuff returned. Call local criminal defense attorneys and explain the situation—many offer free consultations.

Understand Your Rights

To get your property back after a questionable seizure, it helps to know your constitutional rights. The 4th Amendment protects against “unreasonable searches and seizures” and requires police to have probable cause to take your property. If they lack probable cause, or exceed the scope of a warrant, the seizure may be illegal.

Police are allowed to temporarily seize evidence without a warrant in some cases, like if they see contraband in plain view during a lawful search. But they need a warrant to seize most private property. And even with a warrant, police must return items not named in the warrant. They can’t just take anything they want.

Also, certain types of property are generally exempt from seizure. Police typically can’t take the following:

• Necessities like clothes, food, and medicine
• Materials protected by attorney-client privilege
• Property needed for your livelihood or profession

If the seizure violates your rights or these limits, it may be invalid and challengeable. An experienced lawyer can analyze the specifics and fight an improper seizure.

Get Legal Help

If police wrongly took your property, a civil rights or criminal defense lawyer can help get it back through legal demands or a lawsuit. Here are some ways a lawyer can fight for you:

• Send a demand letter requesting return of the property.
• File a motion in court to suppress illegally seized evidence.
• Sue the police department for a 4th Amendment violation.
• Request an injunction to stop the police from keeping or destroying your property.

Lawyers have experience negotiating with police and navigating the system to recover improperly seized items. In many cases, a stern letter from a lawyer is enough to get the police to give back your stuff and avoid a lawsuit. So don’t wait too long to contact a lawyer after a questionable seizure.

File an Official Complaint

In addition to legal action, you can file an official complaint against the officers who wrongly took your property. Every police department has an internal affairs division or civilian complaint board that investigates misconduct reports against officers.

To file a complaint, contact the police department and ask how to report officer misconduct. You’ll need to provide details like the date, location, officers involved, witnesses, and exactly what happened. Include copies of any evidence like photos, videos, receipts, etc. Police departments are required to accept and investigate all complaints against officers.

If the complaint concludes the seizure violated policy, the officers could face discipline. And it creates a record of their misconduct that could help in a future lawsuit against the police department.

Ask For a Receipt and Inventory

After police seize your property, request a detailed receipt listing everything taken. Also ask them to provide a complete inventory of seized items once they log it into evidence. Compare this to your own documentation and records to ensure nothing is missing or damaged.

Having an itemized receipt and inventory helps keep the police accountable. It also proves your ownership in case items get lost or destroyed later. And if anything does go missing, you can file a claim for compensation.

Request the Warrant and Affidavit

If police had a warrant to search your home or business, get a copy of it along with the affidavit detailing their probable cause. Review these documents closely to ensure the warrant was valid and the seizure was legal.

Look for technical errors like the wrong address listed or a vague description of the place to be searched. Also check if the warrant authorized seizing the specific items taken. If anything seems improper, point it out to your lawyer as grounds to contest the seizure. Police must precisely follow warrant requirements.

Ask for Your Stuff Back

Before taking formal legal action, you can try simply asking the police department to return your property. Explain politely that you believe the seizure was improper and request the immediate return of your items.

To improve your chances, cite the legal reasons the seizure was invalid. Also bring evidence showing the property belongs to you. Remain calm and professional in your communications. If the initial officer refuses, escalate your request up the chain of command.

With minor seizures, the police may cooperate and give back your stuff rather than risk a lawsuit. So it doesn’t hurt to ask. Just don’t expect the police to admit fault. Get any agreements to return property in writing.

Follow Up Regularly

Keep following up with the police department until your property is returned. Call every few days for an update on the status. Send written requests for return of your property via certified mail. Ask if they need any additional documentation from you.

Persistent, polite pressure can convince the police to give back improperly seized items in many cases. So keep contacting them and insist on the return of your property. Just stay calm and professional—no threats or harassment.

Consider Filing a Lawsuit

If less formal methods fail, you may need to sue to get your property back. Federal civil rights laws allow you to sue police and governments for constitutional violations like illegal search and seizure. With help from a lawyer, you can file a federal lawsuit against:

• The individual officers who seized your property
• The police department
• The city or county

If you win, the court can order the police to return your property immediately. You may also recover monetary damages for your losses. And the lawsuit can deter future misconduct by the police department.

But lawsuits can be expensive and time-consuming. So first explore your other options, and consult an attorney to discuss the merits of your case.

Contact Elected Officials

As another pressure tactic, contact your elected representatives about the improper police seizure. File complaints with officials like your city councilmember, mayor, and state legislators. They can put political pressure on the police department to fix the situation.

Describe what happened and ask your elected officials to intervene and get your property returned. Politicians often help constituents with issues like this to provide good customer service. So it’s worth reaching out to them for assistance and accountability.

Don’t Give Up!

The most important thing is staying persistent if police wrongly take your stuff. File complaints, make legal demands, contact officials, and follow up regularly. With concerted effort, you have a good chance of getting your property back.

Police count on people getting frustrated and giving up. Prove them wrong. Calm, sustained pressure can make police reconsider improper seizures. Don’t let them violate your rights. Keep insisting the police return your wrongfully seized property.

Standing up to improper police seizures protects everyone’s rights. So fight back if the police wrongly take your stuff. With knowledge of the law on your side, you can regain your property and make the police think twice next time. Don’t let them get away with it!

References

ACLU – Fighting Police Abuse: Your Rights When Dealing with the Police

EFF – A Guide to Getting Back Seized Property from Police

FindLaw – Improper Police Seizures and Searches: FAQs