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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33405
Experience:  Began practicing law in 1992
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If a person was pulled over on m bike was on s own property,

Customer Question

If a person was pulled over on him bike was on his own property, could the officer take this back pack into custodyinstead of releasing it to his girlfriend of 15 yrs with his verbal consent
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unfortunately, yes. There is no law that states an officer has to release any property seized during an arrest to anyone else. The fact that they often do doesn't mean they must. Anything within the person's reach area or that they are transporting could be seized as a part of the arrest.

Customer: replied 1 year ago.
The officer said that he pulled him over because he did not have a light on the front of his bike but he did have the flasher on the back of his bike. (it was dark) And when he was stopped he was on our property/ driveway. So he did go to jail because of 2 warrents one for failure to appear in the second degree from a different county and then one from the arresting county for contemp of court which we dont know what this is from but the failure to apprear is on a traffic ticket. So does this make a difference because we have 3 kids together and been together for 15 years and I have never been told i could not take his property since his property (bike and backpack) was not involved in any crime.
Expert:  Dwayne B. replied 1 year ago.

No, it doesn't make a difference. It's pretty normal for an officer to seize backpacks, purses, etc. when making an arrest. The reality is that they do it so they can dig through it at the jail and then if they find something illegal they charge him with that as well. I don't agree with it, but the judges allow it under an "inventory search" exception to the requirement of a warrant.

Expert:  Dwayne B. replied 1 year ago.
I am assuming that he had the backpack with him when they pulled him over and arrested him, correct?