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  1. #1

    Default Do Police Have to Accept Evidence Given to Them

    this is in the state of NH...
    i was assaulted by my boyfriend
    he left the scene, i called the police
    the police came to my house to do what they do
    i tried to give the police all these papers that my boyfriend had at my house...hard evidence that he has/is stealing identities and committing many acts of fraud (soc sec#'s, credit cards, cell phone bills, etc...)
    the police said they didn't want any of it, and refused to take it...
    is this strange? did the police do something wrong?
    don't they always take incriminating evidence found at a crime scene?...i know it's not related to the crime committed, but i tought that didn't matter...
    i talked to some one at the FBI and they thought that it was strange they didn't take it, and told me to send copies of the stuff to him,,,so i did...

  2. #2
    Join Date
    Jan 2006
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    20,768

    Default Re: Do Police Have to Accept Evidence Given to Them

    they had no right to take the papers. For them to take them as evidence, it would have had to been either as a result of an investigation or it was obvious evidence of a crime. The first obviously is not true and for them to determine the second, they would need to read and investigate a crime. Unless they have a warrant, they cannot simply take anything they want.


    If you believe your BF is committing a crime and want to see him prosecuted, contact the local DA and report it to them. They can initiate an investigation.

    You do realize that you being aware of the crime and quite likely having the benefit of the proceeds of the crime does tend to implicate you in the crime, right?

    Since you started this, you are somewhat forced to follow through now lest you will continue to establish a possible involvement with the crimes.

    and if you talked to the FBI, why didn't they run out and collect the evidence? They might actually have a more appropriate role in the investigation than the local police as many of the crimes you spoke of are Federal.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3

    Default Re: Do Police Have to Accept Evidence Given to Them

    but they weren't taking anything, i was giving it to them...
    what if i gave them drugs instead of paperwork? would they refuse the drugs? i doubt it, but i could be wrong...so what's the difference between drugs or stolen credit cards? isn't evidence of a crime evidence of a crime??
    i'm confused...
    thanks though, i am working with state and federal authorities on this whole incident...the locals are useless...but i knew that already...

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,153

    Default Re: Do Police Have to Accept Evidence Given to Them

    Quote Quoting sammythesnitch
    View Post
    i was assaulted by my boyfriend
    he left the scene, i called the police
    the police came to my house to do what they do
    i tried to give the police all these papers that my boyfriend had at my house...hard evidence that he has/is stealing identities and committing many acts of fraud (soc sec#'s, credit cards, cell phone bills, etc...)
    the police said they didn't want any of it, and refused to take it...
    Either it was not obvious as evidence, or they were concerned only with the DV and not anything else.

    is this strange? did the police do something wrong?
    Nothing wrong,but they may have missed an opportunity to address another crime.

    i talked to some one at the FBI and they thought that it was strange they didn't take it, and told me to send copies of the stuff to him,,,so i did...
    Good.

    Quote Quoting jk
    View Post
    they had no right to take the papers. For them to take them as evidence, it would have had to been either as a result of an investigation or it was obvious evidence of a crime. The first obviously is not true and for them to determine the second, they would need to read and investigate a crime. Unless they have a warrant, they cannot simply take anything they want.
    If she handed it to them and said this is what it is,certainly they can take such papers that she presents them. They do not have to ignore evidence given to them. Now, if she had said it was on his computer or in his safe, different issue and more complications.

    We do not need an investigation or a report in order to seize evidence of a possible crime.

    And this would not have been the police taking anything they wanted, they would have been receiving something freely given to them. So long as they did not tell her to go through his stuff, this consensual release is good.

    and if you talked to the FBI, why didn't they run out and collect the evidence? They might actually have a more appropriate role in the investigation than the local police as many of the crimes you spoke of are Federal.
    Actually, most those crimes will be investigated on the local level. Unless the suspect is running a fraud nationwide in the high 5 figures or above, the FBI would not generally take such an investigation up. I suspect they will likely turn this over to the local authorities anyway.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5

    Default Re: Do Police Have to Accept Evidence Given to Them

    thanks for both responses...great info...

    i ask the question because i heard later from a friend that my BF was a rat/informant for the local police...i also heard they had a "deal" with him and his "fraudulant activity"...and thought maybe the locals are "turning their heads" on this (evidence) because of that...
    does that sound possible?

    i just think something fishy is going on here, but i can't afford a lawyer or PI to help me out...

    can police "use" fugitives for thier benefit? can police ignore an arrest warrant and just let the person "carry on" for a while (maybe hoping to get more charges against them or more "business" from them), then arrest them?



    thanks again

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,153

    Default Re: Do Police Have to Accept Evidence Given to Them

    Quote Quoting sammythesnitch
    View Post
    thanks for both responses...great info...

    i ask the question because i heard later from a friend that my BF was a rat/informant for the local police...i also heard they had a "deal" with him and his "fraudulant activity"...and thought maybe the locals are "turning their heads" on this (evidence) because of that...
    does that sound possible?
    Anything is possible, but it is unusual that the police would ignore evidence of other criminal activity. And, even if he is being used as an informant,this is not going to be common knowledge among the entire department - particularly uniformed patrol officers who might respond to your call.

    i just think something fishy is going on here, but i can't afford a lawyer or PI to help me out...
    You made your reports and did what you can do. There really is nothing for you to sort out unless you intend to sue your boyfriend for something.

    can police "use" fugitives for thier benefit?
    That depends on what you men by "use?" In the simplest form, yes, the police can take advantage of someone's status to help lead them to someone or something should they feel the need.

    can police ignore an arrest warrant and just let the person "carry on" for a while (maybe hoping to get more charges against them or more "business" from them), then arrest them?
    They CAN, but that has some inherent legal problems so such a thing is not generally done. It also depends upon the nature of the warrant (the level and type of crime).
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7

    Default Re: Do Police Have to Accept Evidence Given to Them

    thanks...it helps to know how things work,,,law and procedure seem so confusing sometimes...where's Batman when you need him? haha...

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