Q: Is it legal for a law enforcement agency to keep your property if it wasn’t used in the court proceeding
A: It depends what the property is.
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- California
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- Answered
A:
In California, law enforcement agencies are required to return property that was seized but not used as evidence in court proceedings, with some exceptions. This is outlined in California Penal Code Section 1536:
1. If the property was stolen or embezzled, it should be returned to the rightful owner.
2. If the property was not stolen or embezzled but is not claimed by the owner, it may be disposed of in accordance with the unclaimed property laws.
3. If the property is subject to forfeiture, the law enforcement agency may initiate forfeiture proceedings. In California, this is governed by the Health and Safety Code Sections 11469-11495. The property owner must be notified and given an opportunity to contest the forfeiture in court.
4. In some cases, the property may be considered contraband (items that are illegal to possess, such as illegal drugs or weapons), and the law enforcement agency is not required to return it.
If your property was seized by law enforcement and not returned after the conclusion of the case, you should contact the agency and request its return. If the agency refuses to return your property and you believe they are not following the law, you may want to consult with an attorney who specializes in civil asset forfeiture cases.
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