When you are arrested and your personal property is impounded by the police, you can't just show up at the police station and demand your property back.
Property such as currency, firearms, and other valuables are commonly seized by police during an arrest, even if the currency or firearm is not related to the case.
If the property is evidence of a crime and the case is still pending, you cannot legally retrieve your property. If the case is dismissed, or if the property is not evidence of the alleged crime, you may ask the court to sign an order that will direct the police agency to give you back your belongings.
If you have been arrested in Miami-Dade or Broward and need to reclaim your seized property, contact me to discuss your legal options.
You cannot retrieve illegal property, such as stolen items, child pornography, and illicit drugs.
Remember - the return of property is not the same thing a a forfeiture. A forfeiture is a civil proceeding where the police department is actively trying to keep your property (usually money).
Eric Matheny is a criminal defense attorney serving Miami-Dade, Broward, and Palm Beach Counties.