In many instances of an arrest, law enforcement officers seize property, money and possessions. It is often difficult and time-consuming to regain these items even after the arrest has been completed.
Various factors of the arrest, charges and case may cause difficulty in retrieving possessions and money. There are steps a person may take in order to re-obtain money that has been earned in one fashion or another. A receipt should have been issued to the arrested individual as required by procedure. This piece of paper explains all items taken and placed in police custody when removed through a warrant.
The law enforcement officers are required to fill a list of all items taken during the seizure through a search warrant. This search warrant should be filed and completed with a court’s office clerk in no later than five days after the warrant has been fulfilled with the target person. After being filed, a copy is accessible after everything is completed with the clerk’s office or through provided information of the criminal charges issued. In most instances, the receipt provided to the person searched has instructions on the back of how to retrieve items that were removed.
When No Receipt Is Provided
In some instances of arrest, a receipt is not provided to the person being taken in for booking. This means he or she must return to the place of arrest after being released in order to obtain this paperwork. There is a police officer that has information about the arrest date and number, the person that performed the arrest as well as other details. If a criminal defense lawyer has been provided or hired, he or she may have all this data as well if the accused person cannot remember it. In some situations, the receipt has not been completed for retrieval.
As protected by rights under the law, the receipt should be provided with correct and complete data. This is entitled to the arrested individual. When the information is inaccurate or has not been completely filled, the person should not sign it. The paper should be presented for correction in a timely manner.
Why Cash May Be Taken
In some circumstances, an officer of the law may seize money the person targeted has in his or her possession. This could be cash or other items that may be cashed through a financial institution. Many instances of seizure are due to suspected drug trafficking, possession or distribution. If the accused person is believed to have involvement in drugs, anything could be taken through a search or with a search warrant. With proper procedure and the right circumstances, law enforcement officers are capable and permitted to retain items to include cash. If for any reason there is no receipt provided through these actions in order to retrieve the money taken, a lawyer should be consulted immediately.
There are other reasons police officers may take property or money from a person. This could be for reasons of keeping the items safe. This is to prevent others from stealing these possessions. Usually, this is an action taken when money are in danger of being taken by thieves. This could be if the person is arrested, in danger or possibly if taken to a safe house. Instances may include impounding vehicles to prevent damage or theft of the car while the person is in custody for a crime. Another seizure of money may be completed due to the suspicion that it was earned through criminal activity. In these situations, the money may be kept by the law enforcement agency due to the unlawful nature in which it was obtained initially. Cash could also be removed through the knowledge that it was intended for use to purchase drugs, for exchanges involving drugs or for illicit gambling activity.
Retrieving Money Taken
Obtaining money taken through police actions depends on why it was taken. Contraband is not returned through normal procedure. If cash seized is for evidence, a release is required from the prosecutor. For other issues, police should be contacted directly. Any items including money held for safekeeping purposes may be retrieved through the receipt provided by law enforcement when the property was searched with a warrant. This could be at the police department where the person was initially taken after being arrested and charged, or the individual may need to travel to the clerk’s office. Verification of the identification of the previously accused and the paperwork are often all that are needed to release the money.