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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4497
Experience:  Almost 12 years of legal experience
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I was charged last night with DUI less safe. My purse was taken from me and searched witho

Customer Question

I was charged last night with DUI less safe. My purse was taken from me and searched without my consent. Items are missing that I did not realize until I got home. Is there any recourse?
Submitted: 4 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 4 years ago.

If you are lawfully arrested, officers can search you and your personal effects incident to arrest without your permission. If any of the items seized were seized because the items are evidence in the case against you, you most likely will be unable to get those items back until after your case is concluded. If the items were not evidence, then generally you just have to request it back at the police department. Most police departments have a form that you fill out to have your property returned to you. If the property has gone missing, then you may want to contact internal affairs because it is possible that the officers mishandled your property or kept it.
Customer: replied 4 years ago.
My purse was not evidence. I just did not want to leave it in my car all night. They locked it with a black zip type tie and told me it would be given back to me. I never knew my charges or that I had been arrested until I left the jail. I was told I was being taken there because I would not blow.
Expert:  Hammer O'Justice replied 4 years ago.
If nothing in your purse qualified as evidence then you should be able to get it back without delay. I would contact the police department and fill out the paperwork, and if they are unable to produce it, escalate it with a complaint. If that doesn't work and the property was valuable, you can consider filing what is called a replevin action in court, which seeks the return of property. I would try to resolve it with the police department first to see if they will return it before taking the case to court, simply because it doesn't require a filing fee and may resolve the issue much faster.

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