The police may take property for four reasons:
- SAFEKEEPING: Valuables such as money, jewelry and furs are taken from an arrestee to prevent them from being stolen. An arrestee’s car is sometimes impounded to keep it safe while he is in custody. Property taken for safekeeping only should be returned upon presentation of the receipt and proper identification. Contact your attorney if law enforcement refuses to return property seized for safekeeping.
- FORFEITURE: Property may be seized and held by the police because they believe it was used to commit or was proceeds of a crime. The police may permanently keep or sell property if they can prove in a civil court that it was unlawfully used or obtained. The police have seized for forfeiture:
- CARS driven by a drunk or reckless driver or without a valid driver’s license, or used to obtain drugs or the services of a prostitute, or that contain a loaded gun. Cars used in these crimes may be seized even if the owner of the car was not arrested for the offense.
- MONEY that was exchanged for drugs, or that was intended to be exchanged for drugs, or used in gambling.
- MERCHANDISE that was sold on the street without a vendor’s license.
- TOOLS OR EQUIPMENT that were used to break into a car or building or to sell drugs. This may include a beeper or mobile phone that was possessed for communication during a crime.
- EVIDENCE: Property may be temporarily held as evidence by law enforcement even though it is rightfully yours and was not used illegally. Although your attorney may sometimes be able to promptly reclaim this property for you, property held as evidence will usually be held until the end of the criminal case, including all appeals. For example, the district attorney may hold your coat as evidence, if they believe that it will identify you as the person who committed a crime. If you are arrested for selling drugs, any large sum of cash that you were carrying will probably be held as evidence of the charge. Evidence may also be taken from people who are not charged with any crime, such as witnesses to or victims of a crime. For instance, if your friend borrows your car and is later arrested in your car after he used it to commit a drive-by shooting, your car will be impounded and kept as evidence in that crime.
- CONTRABAND: This is property that has been taken or confiscated because it is a crime to have it. This category includes illegal drugs, unlicensed handguns, switchblade knives, forged papers, counterfeit money, or fake credit cards. If you have been charged with possession of contraband, it will be held as evidence while your case is in court, and may be destroyed afterwards.