Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Property Seized for Officer's Personal Use

    Fairly simple problem. In New York state, a police officer seized my property for his personal use. He didn't report it to his department as seized. He didn't actually tell me he was taking it; he merely grabbed an item that I had on my person, held it for about half an hour, and returned it to me less one of its vital components, the loss of which I observed immediately thereafter. His department later confirmed that he reported no property had been seized from me.

    Now I want my property back.

    How do I go about getting that? In the event that the item is not easily replaceable, how can I compel him to say what he did with it so that it can be tracked down, assuming it hasn't been destroyed or disposed of already?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Property Seized for Officer's Personal Use

    You've complained to his department, so what was the outcome of their investigation?

    How can you compel the officer to admit to taking some mysterious element of some mysterious item? Um... ya got me.

  3. #3
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: Property Seized for Officer's Personal Use

    There was no real investigation. Police don't investigate each other; they typically consider themselves above the law.

    The "investigation" consisted of internal affairs asking the officer if he'd seized any property, and then telling me that the officer in question had said he didn't. They weren't interested in the videotape of the officer making the seizure.

    I'm asking what I can do to get my property back, or compensation in the event that I can't.

  4. #4

    Default Re: Property Seized for Officer's Personal Use

    You can take the officer to civil court, prove your case, and ask that you be compensated for the property.

  5. #5
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: Property Seized for Officer's Personal Use

    Quote Quoting aardvarc
    View Post
    You can take the officer to civil court, prove your case, and ask that you be compensated for the property.
    Thanks for the advice. Because of the theft, combined with the unlawful stop and search, I filed a civil case and recently won $10,000.

    Sorry about the necropost; legal processes are slow and it can take over a year to reach resolution.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Property Seized for Officer's Personal Use

    Nothing necro about an update. Congrats on prevailing.

    1. Sponsored Links
       

Similar Threads

  1. Military Justice: Officer Seized Weapons from Home of Civilian Army Employee
    By iwishiknew in forum Military Law
    Replies: 7
    Last Post: 03-10-2011, 11:34 AM
  2. Seized Property
    By blueeyes in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 08-07-2010, 01:19 PM
  3. Search and Seizure: Getting Seized Property Back
    By glane in forum Criminal Procedure
    Replies: 1
    Last Post: 06-18-2010, 10:33 PM
  4. Search and Seizure: Seized Property
    By unanswered in forum Criminal Procedure
    Replies: 3
    Last Post: 04-19-2008, 06:14 PM
  5. Property Seized By Executor
    By lockedout in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-05-2008, 12:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources