# Police Siezed Personal Items How to Get it Back?



## Allen W (Aug 2, 2008)

I need to know what the procedure is when personal property is seized from an under age individual. How should the confiscation be handled, receipt for the property, notation on the ticket or what if any thing? 

How is it handled when it is logged in at the police station and are these logs available to the public.

How does one go about getting said property back.


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## Danaus29 (Sep 12, 2005)

It varies by state. In Ohio you are supposed to get a receipt for said item. The person who has custody of said minor would need to contact the department that confiscated said item. If the item is illegal anyway it won't be coming back. If said item is needed until a trial or hearing it should be coming back after the legalities are worked through. Laws vary by item also. Firearms are handled differently than drug paraphenalia. (spelled wrong)


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## whodunit (Mar 29, 2004)

If it was contraband you probably don't get it back. Just because an underage person can't posses something doesn't mean it automatically belongs to the parents.

Otherwise, it sometimes takes a court order since if it was evidence in a proceeding, it sometimes needs to be kept for appeals and such.


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## Allen W (Aug 2, 2008)

It was legal where it was confiscated. The cops excuse was he wasn't supposed to have it at school.


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## DEKE01 (Jul 17, 2013)

Allen W said:


> It was legal where it was confiscated. The cops excuse was he wasn't supposed to have it at school.


I would not have thought that school cops can apply school rules with force of law. Something like a confiscated cell phone should be taken to the office, not the police station.


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## backwoods (Sep 12, 2004)

DEKE01 said:


> I would not have thought that school cops can apply school rules with force of law. Something like a confiscated cell phone should be taken to the office, not the police station.


In many cities, school cops ARE cops, but school "rules" aren't enforceable by law, unless they coincide. Was the kid arrested and charged with something? That would make a difference.


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## DEKE01 (Jul 17, 2013)

backwoods said:


> In many cities, school cops ARE cops, but school "rules" aren't enforceable by law, unless they coincide. Was the kid arrested and charged with something? That would make a difference.


Yes, that was my point. Something that should be a broken school rule could have been turned into a broken law, like jabber jawing or a scuffle could become disturbing the peace. I am NOT saying it should, it's just that I can imagine a cop stuck in a school may try to justify his presence by making something bigger than it should be.


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## farmerj (Aug 20, 2011)

What was confiscated....


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## hercsmama (Jan 15, 2004)

My now 23 yo was caught at school his Jr. year with a pocket knife and a can of chew. The School cop, who was a county Sheriff, confiscated said items, and I was called.
All I had to do was show up for a conference with the principal. Now mind you, this was a fairly rural High School in south Texas. After the principal and I chatted for a bit, my sons knife was given back to me, and they actually asked if I wanted the can of dip back as well.
I guess it all depends on what it was that was taken, and how "enthusiastic" the administration wants to be about it.


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## Ernie (Jul 22, 2007)

When we lived in Illinois, my truck was broken into and some small items were stolen. The police arrested them and used my fingerprints on the batteries inside a maglight to successfully prove ownership in court and prosecute the thief.

When I went to get my property back, the police wouldn't give it to me. They said that their policy was not to give items back unless I had the serial numbers on file with them, otherwise they couldn't really prove it was mine .... a flimsy excuse since they'd just proved it was mine in a court.

They sold it all at police auction. I told the detective, "I was robbed TWICE."


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## Grumpy old man (Aug 6, 2013)

it would make a BIG difference if we knew what was confiscated .


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## Twobottom (Sep 29, 2013)

You could walk into the police station and ask. I think they might just give it to you.


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## partndn (Jun 18, 2009)

Ernie said:


> When we lived in Illinois, my truck was broken into and some small items were stolen. The police arrested them and used my fingerprints on the batteries inside a maglight to successfully prove ownership in court and prosecute the thief.
> 
> When I went to get my property back, the police wouldn't give it to me. They said that their policy was not to give items back unless I had the serial numbers on file with them, otherwise they couldn't really prove it was mine .... a flimsy excuse since they'd just proved it was mine in a court.
> 
> They sold it all at police auction. I told the detective, "I was robbed TWICE."


:shocked:


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## DEKE01 (Jul 17, 2013)

Twobottom said:


> You could walk into the police station and ask. I think they might just give it to you.


Not if it is an atomic bomb. 

Maybe it isn't an atomic bomb, maybe it is a potato chip that looks like Obama? We just don't know. The OP hasn't been exactly helpful with further info.


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## Ernie (Jul 22, 2007)

DEKE01 said:


> Not if it is an atomic bomb.
> 
> Maybe it isn't an atomic bomb, maybe it is a potato chip that looks like Obama? We just don't know. The OP hasn't been exactly helpful with further info.


And why should be be? It's a private matter which clearly he wants to keep concealed. His question just specifically asks about the procedure.


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## Allen W (Aug 2, 2008)

DEKE01 said:


> I would not have thought that school cops can apply school rules with force of law. Something like a confiscated cell phone should be taken to the office, not the police station.


Small town cop, has nothing to do with the school, school isn't evan inside city limits unless recently changed. It happened up town during lunch hour.

I don't care if we get it back, I just want to know if it was logged in or went into the cops pocket and I'llonly get one chance to make sure it was done right.

I've done had a phone conversation with the officer, he could have just told me straight up what happened.


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## Grumpy old man (Aug 6, 2013)

what did they take ???????


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## DEKE01 (Jul 17, 2013)

Ernie said:


> And why should be be? It's a private matter which clearly he wants to keep concealed. His question just specifically asks about the procedure.


well, it's sort of like me asking you what is the right way to plant a fruit tree. You just don't have enough info to give a good useful response, Zone, type of tree, soil, water availability, all sorts of variables are at play. 

It might be time to get a lawyer, or call the police chief, or do your farm chores knowing that your kid learned a good lesson.


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## edcopp (Oct 9, 2004)

DEKE01 said:


> Not if it is an atomic bomb.
> 
> Maybe it isn't an atomic bomb, maybe it is a potato chip that looks like Obama? We just don't know. The OP hasn't been exactly helpful with further info.


I did not have any trouble figuring out that it was a cell phone. I read the posts.


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## simi-steading (Sep 27, 2012)

Squeaky wheels seem to eventually get attention.. keep on hammering..


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## DEKE01 (Jul 17, 2013)

edcopp said:


> I did not have any trouble figuring out that it was a cell phone. I read the posts.


:umno: I miss stuff all the time, but I don't think I did this time. I was the one that introduced the idea it might be a cell phone. From what I see, the OP has neither confirmed or denied. If I'm wrong, pls point me to the message.


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## Allen W (Aug 2, 2008)

Looks like I've got the old bittie brigade interested any way.


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## Ernie (Jul 22, 2007)

Allen W said:


> Looks like I've got the old bittie brigade interested any way.


Drama sells.

When I was 16, I was sitting with a bag of weed at the local park, waiting on some friends to show up. (My criminal youth.)

A cop pulled up and caught me red-handed rolling a big fat joint right out in the open. He took my name, searched my vehicle, confiscated all of the pot, and told me I would be mailed a summons for court where I would then be charged with the crime of possession. 

I sweat it out for 2 months waiting for that summons to show up before I realized all he'd really done was stole my pot. 

I guess that's superior to me actually being charged with possession as a juvenile, but still not proper. I'm sure he and his buddies enjoyed it.


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## backwoods (Sep 12, 2004)

Allen W said:


> Small town cop, has nothing to do with the school, school isn't evan inside city limits unless recently changed. It happened up town during lunch hour.
> 
> I don't care if we get it back, I just want to know if it was logged in or went into the cops pocket and I'llonly get one chance to make sure it was done right.
> 
> I've done had a phone conversation with the officer, he could have just told me straight up what happened.


When anything is "confiscated" it is supposed to be turned into the Confiscations Dept. where it is "logged." 
I would go to the police dept and tell them that Officer so & so confiscated such and such, and I want it back. If however, your son had something seriously illegal confiscated, you might be stirring the pot and would be better off forgetting it, IF he wasn't charged. I don't believe those confiscations logs are "public info." Bear in mind, confiscated items are also used in serious crime investigations (murders & rapes), therefore privacy for the victim and families is also a consideration, as is prevention of specific info being leaked. 
Sometimes an officer uses his discretion to NOT charge someone with a crime, and instead disposes of the contraband. If he turned it in, his supervisor would want to know where the "perpetrator" is. You shouldn't always assume that because the weed/or whatever... wasn't turned in, that the officer smoked it. Many times it just gets flushed, or disposed of. By disposing of it, and not charging the perpetrator, the officer may actually be doing them a favor.


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## Danaus29 (Sep 12, 2005)

DEKE01 said:


> I would not have thought that school cops can apply school rules with force of law. Something like a confiscated cell phone should be taken to the office, not the police station.



But if it was a knife it's a whole different story. Those fall under the "no weapons" policies held by many schools.


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## DEKE01 (Jul 17, 2013)

Danaus29 said:


> But if it was a knife it's a whole different story. Those fall under the "no weapons" policies held by many schools.


depending on the state and the knife, that may well be a crime as well as a violation of a school rule.


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## Danaus29 (Sep 12, 2005)

OP said item was legal but not supposed to be on school grounds.


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## Allen W (Aug 2, 2008)

Danaus29 said:


> OP said item was legal but not supposed to be on school grounds.


And he wasn't at school when it was took.

Keep talking please, I'm just letting things simmer right now.


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## Grumpy old man (Aug 6, 2013)

Allen W said:


> And he wasn't at school when it was took.
> 
> Keep talking please, I'm just letting things simmer right now.


Well... Without having any idea of what was confiscated how would any advice be tangible ?:shrug:


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## farmerj (Aug 20, 2011)

Porno mag?


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## backwoods (Sep 12, 2004)

Another possibility is to call the officer, be polite, tell him who you are & remind in brief detail what the situation was, and ASK him if/how YOU can get "it" back.


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## Danaus29 (Sep 12, 2005)

If it was what farmerj suggested it is long gone. Just buy another.


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## Conhntr (Aug 7, 2010)

I had to get a court order to return a siezed firearm (charged with a local law that had been prempted by the state). Make sure anytime you are in front of a judge if vharges or dropped or not guilty (or even if guilty) have your lawyer ask the judge to write an order to return your property from evidence. In my case the judge asked if there was any reason the firearm needed to be held as evidence leo said no and judge signed the order. My lawyer said without the order guns are never returned even with a not guilty/dismissal. Even with the court order it took 4 hours for them to give me a 200$ gun back...


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## Allen W (Aug 2, 2008)

Conhntr

I had come to the conclusion court would be the place to see about getting it back, need to try and get a couple of other things on record also.


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## Grumpy old man (Aug 6, 2013)

so since we have to ASSUME it's a gun , 

let's see your under age son 

had a firearm

during school hours 

at lunchtime off school grounds 

so the officer assuming your son would be going back to class 

confiscated a firearm from your underage son 

and didn't write a report ???

You posted you talked to the cop ? 

you can simmer all you like but that doesn't help get your "gun" back now does it ???


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## Allen W (Aug 2, 2008)

You crack me up old man.:hysterical::hysterical::hysterical:


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## Grumpy old man (Aug 6, 2013)

Allen W said:


> You crack me up old man.:hysterical::hysterical::hysterical:


I'm wondering why your so secretive with what was confiscated ?


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