How Long Can Police Keep Property Seized During a Criminal Investigation in Florida?
When law enforcement seizes an individual’s property as part of a criminal investigation, most people believe that the items will be returned quickly, especially if no charges are filed against that person. However, it is not uncommon for law enforcement departments to retain seized items for weeks, months, or longer, depending on various factors.
If your money, car, electronic devices, or other possessions have been seized, knowing your legal rights is crucial when you want them back.
Why do police seize property?
Law enforcement personnel have grounds to seize property for many reasons during a criminal investigation. These include:
- Seizure of evidence concerning the criminal offense
- Retrieval of any stolen property
- Confiscation of any contraband, like some types of weapons and/or drugs
- Seizure of any property that is connected to the crime
The reason for the seizure may affect how long the property will be in law enforcement’s possession.
Property held as evidence
In a criminal case where property is considered evidence, law enforcement will retain it until the investigation or prosecution is complete. This enables them to retain the evidence until it can be used in hearings or trials.
Some examples of evidence include:
- Cellphones
- Computers
- Weapons
- Clothes
- Financial documents
- Surveillance devices
The evidence could even be held despite the absence of any criminal charges against the accused. The investigators could continue holding it until the court determined it could be released.
What about civil asset forfeiture?
Some property may be confiscated under Florida’s civil forfeiture law if law enforcement officers believe it is related to criminal activity. Cars, money, and other assets can also be confiscated. This process differs from holding evidence during the investigation, as it involves a separate procedure. People who are interested in their property have the opportunity to challenge the confiscation and explain why the government has no reason to keep their property.
Fighting confiscation can be successful only if you act in a timely manner.
Can you get your property back?
In most cases, you can. If your property is no longer considered evidence and is not subject to confiscation or any other illegality, you can try to recover your property.
It might involve such things as:
- Requesting the return of the property from the investigative agency
- Filing a motion in the court
- Challenging the illegal seizure of the property
- Opposing the civil forfeiture process
Since each case is unique, what needs to be done depends on the grounds for the seizure and the stage of the investigation.
Legal representation can help
The loss of property can cause considerable financial and personal harm, especially when the property is a car, documents, computers, or substantial amounts of cash. While the police have the right to confiscate property when justified, this right is not absolute.
A competent criminal lawyer in Florida will be able to determine why your property has been confiscated and check whether the authorities actually have the right to keep it in their possession. Protecting one’s property interests may become an essential part of defending the accused.
Talk to a Tallahassee, FL, Criminal Defense Attorney Today
Luke Newman, P.A., represents the interests of those who have been charged with serious crimes in Tallahassee. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
