Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?
My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my attorneys receptionist that my belongings were in their office (police sent them via mail I guess) and if I wanted them, I need to pay the $1,000 invoice that’s currently due this upcoming month. So, essentially, they took possession of my belongings (without my consent) when they were released and are holding everything hostage until they receive money. Is this legal? Or is it considered misconduct/coercion? I had planned on paying the invoice when it’s due…I’m considering filing a complaint with the board. Is this a legit complaint that they would address? Also, how do the police just release my belongings without my consent? Please advise…
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A:
You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal items and demand payment before releasing them.
Holding your property until you pay an invoice may violate ethical standards and could be considered coercion. Your attorney has a duty to act in your best interest, and leveraging your belongings for payment is not appropriate. You should document all communications and actions taken by your attorney regarding your items.
Filing a complaint with the state bar or relevant legal board is a valid step if you believe misconduct has occurred. Additionally, consider seeking advice from another legal professional to explore your options for recovering your belongings and addressing the issue. Taking these actions can help protect your rights and ensure that your property is handled properly.
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