Question about items seized by a search warrant?

Status
Not open for further replies.
Aug 27, 2009
2
0
0
I'm a cowardly regular posting under a new account...

At my relative's place of business, they had a search warrant executed, pertaining to the illegal sale of tobacco products. I think it was due to selling single cigs, not like selling them to underage or with no license. I think they got into trouble for this before and had to pay a fine (no searching the place though). They stopped selling the single cigs, but probably started again because the customers kept asking for it.

Anyhow, from the information I've gotten so far, the cops actually tossed and searched their private quarters as well. I'm not sure if the warrent allowed for this or not, but the business is attached their residence, so I suppose it may have been allowed.

From what I've been told, they took items like cash they had, jewerly, passports, and I don't know else. It seems like they weren't given a receipt or other document that specified the items they took. They also weren't allowed to watch them search the place.

That last part kind of concerns me, seems like the cops could have taken or pocketed whatever and the relatives would have no proof. I'm not sure if they were taken advantage of or not, they don't speak English that well either so maybe they didn't understand?

I'm also a little worried about some stuff I kept at their residence (nothing illegal), including a locked safe. The safe appears to still be there locked, but unsure if any contents were removed (it's a sentry safe so it's not that hard to defeat the locks they have on those). It is there for some of (offsite) backups and contained some valuables as well.

I'm going to go check things out later today, but how do they go about getting their stuff back? Or how would I get my stuff back if I happen to be missing anything?

Cliffs:
Relatives had a search warrant executed on their place of business/residence
They aren't that great at English
Items were taken, but no receipt given, is that normal?
They weren't allowed to watch the search, is that normal?
How to get their stuff back?

Locked by OP request. OP, this name of yours has been locked from posting. -Anandtech Senior Moderator DrPizza
 

guyver01

Lifer
Sep 25, 2000
22,135
5
61
Originally posted by: ConfusedCookie
how do they go about getting their stuff back? Or how would I get my stuff back if I happen to be missing anything?

If it's siezed in a search warrant.. you dont.

not till their investigation is over..

could be weeks... months... years...

and who knows what condition it will be in when returned.



 

ReggieDunlap

Senior member
Aug 25, 2009
397
46
91
I would think any items removed during the execution of the search warrant would be listed in the corresponding police report as evidence seized. Additionally, I would expect a property receipt would have been issued so personal items not needed/necessary to and potential criminal proceedings could be reclaimed.

I would get a lawyer, then get a copy of the police report concerning the warrant execution and go from there. It is not uncommon for the police to isolate the resident when executing a search warrant. As for residence being above the place of business, I think a search warrant is written to allow for the search of an address. So if access to the personal space above the place of business was available from the place of business, then the warrant would also cover that as well.

CAVEAT: I am NOT a lawyer or law enforcement officer or member of the court and therefore all of the above is MY PERSONAL OPINION. I DO NOT in any way shape or form claim the above to be true or verifiable or even legal in any way. Just my opinion.
 
Status
Not open for further replies.