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How long can police keep my seized items? Justice System, Police, Courts

Discussion in 'Criminal Charges' started by not_a_criminal, Dec 3, 2017.

  1. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    Long story short.. going through a nasty custody battle for my daughter, the mother had went to police told them there was many illegal items in my house such as drugs and guns. A search warrant was issued.

    REDACTED AT REQUEST OF OP, SEE REQUEST BELOW!

    How long can they keep my stuff?

    I kept saying was I would like to speak with a lawyer, which he obviously was not fond of.

    Long story short.. going through a nasty custody battle for my daughter, the mother had went to police told them there was many illegal items in my house such as drugs and guns.

    REDACTED AT REQUEST OF OP, SEE REQUEST BELOW!
     
  2. mightymoose

    mightymoose Moderator

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    It is possible an investigation is still ongoing. You need to find out.
    If so then the items could still be held if they are potential evidence.
    If not, then the department should be returning your property to you.
    The investigating officer is the person you should contact, however if that is unproductive you can write a letter to the department (sheriff or police chief) demanding the return of your property and documenting your attempts to do so already.
    If you feel they are being uncooperative you may be best off to do all communications in writing. If you have the assistance of an attorney then ask the attorney to write the letter.
    The department will either return your property or give you written explanation of why your property is held and on what authority.

    Also, you did not give a time frame. The more recent the search warrant was served and the property seized, the more reasonable it is that they still hold it.

    Duplicate
     
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  3. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Thanks for the reply. The search warrant was issued Nov. 20, 2017. They didn't charge me with anything, would it be wise for me to contact the detective heading the case? I dont want to stir anything up...
     
  4. Highwayman

    Highwayman Well-Known Member

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    No, it would be wise for you to deal with your attorney in this matter and have him contact the police.
     
  5. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Thanks
     
  6. army judge

    army judge Super Moderator

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    The last people on this planet you want to have any contact or communication with right now are in the police department.

    I suggest you avoid the police and the police station like they had the Black Death.

    I further suggest you refrain from commenting about any aspect of the case, or the items seized.

    Frankly, it might be best to never attempt to reclaim any of the things allegedly seized from your home.

    You should focus on one thing, and one thing only, avoiding an arrest.

    To do that, if approached by anyone in law enforcement at anytime, INVOKE.

    Furthermore, retain a good criminal defense attorney.
    You should also secure money to make bail, just in case this event becomes even more destructive than it has been.

    You know WHY this may have occurre, if you don't start thinking back ver the last six months. You'll soon know why this started. Only discuss this with your lawyer, who'll never ask you if you're guilty. A lawyer will only inquire about your recollection and memories.

    Time to fly below the radar, be the most straight laced person on the planet, and meticulously obey ALL of their laws.

    Trust me, you're being surveilled, tailed, maybe bugs have been planted in your home and on your cars.

    Big brother, mate, big brother is real.
     
  7. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Thanks, I could not find a edit button on my post, can you take out the personal items I listed as seized. thank you
     
  8. army judge

    army judge Super Moderator

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    REDACTED AS REQUESTED - HERE IT IS NOW:

    REDACTED AT REQUEST OF OP, SEE REQUEST ABOVE!


    Did this event occur in Will or Dupage Counties?

    Were Dupage County Sheriff's Police, Will County Sheriff's Police, Wheaton Police or Naperville Police involved?
     
  9. mightymoose

    mightymoose Moderator

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    This is very recent. It is too soon to expect an immediate return of your property, but not impossible if it can be determined they are not being held for any evidentiary value.

    Just because you ere not charged with a crime at the time does not mean you won't be a month from now.

    The police may have completed an investigation and and sent the reports to a prosecutor for review. Depending on that review an arrest warrant could issue, meaning the evidence seized with the search warrant is still needed.
     
  10. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Dupage county yes, not wheaton nor naperville. no sheriffs involved. However I did find it odd that they had local PD (village) and also state police, but no sheriffs at the time of warrant.
     
  11. army judge

    army judge Super Moderator

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    I suspect you'll be hearing more about this.

    I know how they operate in Dupage, Will, and Cook Counties.

    You might want to be prepared by getting a lawyer on retainer, and bail money stashed away.

    Talk to the lawyer about spousal privilege and protected communication.
     
  12. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Thanks for the reply. For what reason do you suspect I would be hearing more about this. No items seized were illegal, there was nothing illegal in my home when they searched. Can you elaborate on what you mean by how they operate in Will, DuPage, and Cook.
     
  13. army judge

    army judge Super Moderator

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    DuPage County has very methodical prosecutors.
    At an earlier phase in my life, I practiced law in Wheaton, lived there for about 2 years.
    I keep in touch with defense lawyers, law enforcement, prosecutors, and federal officials.
    In your case without knowing the specific details, but speaking GENERALLY here's how these operations move forward.

    In order to obtain a search warrant in IL, following the Illinois Constitution and Criminal Code, a search warrant can be issued by a judge on the basis of probable cause.

    But, here's where IL law is quite unique.

    Illinois allows the issuance of a warrant based solely “upon the written complaint of any person under oath or affirmation.”

    This means that a judge does not need to wait for a sworn affidavit from a law enforcement officer, as required in many other states.

    Any citizen can provide a sworn statement that identifies the person and/or place that should be searched and things that should be seized.

    In YOUR case, you allege that person was your spouse.

    That is why I suggested you speak with an IL licensed criminal defense attorney, maybe you start with your divorce lawyer, asking about the legality of your wife ALLEGEDLY swearing to a search warrant about "ILLEGAL things" in your home.

    The problem with that, it was at one time, her home, too!

    Therein lies your potential defense, how can the law PROVE the items to be yours?

    That is PRECISELY why it hurt you by asking for the items to be returned to you!!!!

    It might NOT be too late, which is why you need to speak to a lawyer in IL and get this sorted.

    I had a case similar to yours.

    I got my guy OFF, using the theory I discussed hereinabove.

    He alleged it was HER stuff, and the tables were turned on her.

    He got sole custody of the kids, she got a couple felony charges and ended up with three years in prison.

    This is why I advise ALL o f my clients to have NO contact with any law enforcement official.
     
  14. mightymoose

    mightymoose Moderator

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    The only reason items would be seized is because they are believed to be evidence of a crime. They don't take items just because you have them.
    Who knows what exactly they are investigating, but they apparently found items of interest.
     
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  15. army judge

    army judge Super Moderator

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    So true, because the police don't seize anything but contraband.

    Property that it is illegal to produce or possess is considered contraband.

    Smuggled goods that are imported into or exported from a country in violation of its laws.

    Contraband confiscated by law enforcement authorities upon the arrest of a person for the crimes of production or possession of such goods will not be returned, regardless of the outcome of the prosecution.

    Contraband can be said to be something that you should not possess by law.

    It could be illegal drugs, illegal firearms, stolen goods, or property you can't show that you own.
     
  16. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Small world @army judge, thanks for your input. For security purposes Im obviously not going to release the location but Im very familiar with the Wheaton area.

    She was living with me up until about 3 days before she made her complaint which got the warrant, but we were never married, does the same theory apply? Although I'm not charged with anything if anything does happen I will be bringing this theory up with my lawyer. Thank you for response!
     
  17. army judge

    army judge Super Moderator

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    Yep, very small world, some say six degrees of separation. :D

    Well, you aren't protected by spousal privilege, as you weren't legally married.

    However, she did live there, too.

    The argument I could have made for you is that its her stuff, you didn't know anything about her crimes.

    However, you approached th police to demand they return YOUR stuff.

    You might have an out, if you meant your legal stuff.

    Talk to a couple criminal defense lawyers and see what you can learn.

    The initial consultation is normally FREE.

    BTW, I know more about this than you might imagine, mate.
     
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  18. mightymoose

    mightymoose Moderator

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    Not just contraband, but anything that is believed to be evidence of a criminal offense.

    For example shoes may be collected if they are similar to tracks left at a crime scene.
    Papers with writings and drawings may be useful to prove dominion and control.

    Other items that may not be contraband for an adult but are contraband for a minor might be seized if minors are being found in possession and the adult has a large and matching supply with a wad of cash.

    No telling what is being investigated, but the items do not have to be illegal to be seized and do not have to be illegal to be used as evidence against you.

    I agree that spousal privilege as explained above is something you certainly should be looking in to NOW. Don't wait for everything to come crumbling down.
     
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  19. mightymoose

    mightymoose Moderator

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    That makes her information very credible.
    Not being married throws the spousal privilege argument out the window.
    If you lived together long enough and a common law marriage is recognized then maybe... But probably not.
     
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  20. not_a_criminal

    not_a_criminal Law Topic Starter New Member

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    Thanks. When I went in I only asked for my phone back. At this point in time I dont have any reason for concern, thank you to all for your wonderful responses, should anything happen, @amry judge I will certainly touch base with you. Thank you
     

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