Q: how can i retain my property (cellphone) from the police after i get arrested if they didnt take an inventory list?
*warrantless arrest
*domestic violence
*charges not filed
*also confiscated my belongings in my room
* inncident happened in the apartment parking lot
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- California
- (916) 704-3009
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- Answered
A:
If you were arrested without a warrant and the police did not take an inventory list of your belongings, you have the right to request the return of your property. Start by contacting the police department that made the arrest and ask for the procedure to retrieve your items. Make sure to document all your interactions and keep records of any communications.
Since charges were not filed, it strengthens your case for getting your property back. You can write a formal letter to the police department detailing the items taken and request their return. Include any evidence you have that supports your claim, such as receipts or photographs of the items.
If the police do not respond or refuse to return your property, consider filing a motion in court for the return of your belongings. You might need to show proof of ownership and argue that the items are not related to any ongoing investigation. Consulting with a legal aid service can provide further guidance on how to proceed.
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