Re: Officer Powers State of Ga
There are a lot of circumstances and detail being left out here. OP, you say this incident was a “4th amendment waiver search,” but then go on to say the seized items were “not drug related.” Reading between the lines (and please correct me if my conclusions are wrong), I’m thinking you are on parole/probation and signed a 4th amendment waiver that allows law enforcement authority to search you, your residence, your vehicle, etc. without a warrant. During such a search of your residence, evidence of drug crimes were discovered. You were subsequently arrested for fresh charges and property from your residence (beyond the direct evidence of drug crimes) was seized.
Based on your statement that “the Chief DA” presented you with a demand that you “sign it over to them,” I’m guessing that the authorities are claiming that your high-value items are subject to seizure and forfeiture as illicit proceeds of drug trafficking. The statutory authority and specific procedure for such forfeiture varies by state and I am not familiar with the specifics regarding GA. Generally, you are entitled to a hearing before forfeiture. Until a ruling from that hearing is made, the police can seize the property and hold it. You will need to retain an attorney to advise you how to best dispute the forfeiture.
As for the items you say are missing but not listed on the police property report, there are a few possibilities. One is exactly what you were told…that the items were stolen while you were incarcerated. It is actually not as improbable as you imply…especially if some of your “friends” and acquaintances thought that there might still be drugs in your residence or felt that you still “owed” them from previous drug deals. Another possibility is a simple clerical error. It is possible that you did not get a complete inventory of items seized and they will be accounted for once a complete discovery is made. Of course, it is possible that some cop just stole them. However, it seems unlikely that a cop would risk going to prison, or at the very least flushing his career down the toilet, for “money to the tune of $ 456.00” and “a bucket of change.”
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.