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After an Arrest, Do You Get Your Property Back?
Sometimes, after a person is arrested or after the police search a car or house, the police will take a person’s cell phone, money, wallet, car, or other important items. The question then becomes, do the police have to return the property they took? Or can the police keep it for as long as they want, maybe forever?
A federal court of appeals in Washington, D.C., recently held that the Fourth Amendment’s protection against unreasonable seizures includes the length of a seizure, thereby significantly restricting how long the police can retain private property after an arrest. However, other federal courts of appeal have ruled the other way, explaining that once the police seize a piece of property, they can retain the item for as long as they want, including indefinitely.
Read the Washington, D.C., court of appeals’ decision here: https://www.cadc.uscourts.gov/internet/opinions.nsf/543BA8AD10156CE685258B7400533CE0/$file/22-7129-2069152.pdf
Nevada law (NRS 179.535) requires that once the police decide to seize a person’s property, they must provide the person with a receipt “specifying particularly the amount of money and the kind of property taken.” Usually, after an arrest, a person’s property will be returned if it has no evidentiary value to the charges the person was arrested for. After a court case is over, either due to a trial or a plea negotiation, even property that had evidentiary value will typically be returned to its owner. Of course, property that is in itself illegal, like prohibited drugs, will never be returned by the police. Additionally, some plea agreements include a requirement that certain property that was seized by the police be forfeited by its owner.
If for any reason the police or district attorney refuses to return the seized property without a valid reason, a person can file a motion for return of property and a judge will make the final decision on whether the property should be returned. We have filed these types of motions in many cases.
If the police have seized your property–whether or not criminal charges are filed–and they refuse to give the property back to you, please call us immediately to discuss your options. Whether it’s a criminal case or a personal injury matter, at Nobles & Yanez we are always here ready to fight for your rights.