Requesting property after investigation?

Beretta92FSLady · Dec 14, 2009

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If you have an LEO confiscate property for an investigation, and the investigation is then found in your favor *meaning you are not at fault*, how long can "they" hold onto your property, legally?

Mike · Dec 14, 2009

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File a Section 1983 action for failure to provide due process.

Beretta92FSLady · Dec 29, 2009

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OK, so I have been trying to get my property back for over a month now from Seattle Police. The investigation has been closed, I have talked to the person who is in charge of releasing my property, and they tell me they will look into it, and I have heard nothing.

I also requested a police report, which I have to wait until the 12th of January for some reason.

Thank you for the above reply, but I am not sure what you are referring to or how I go about making that request.

If someone could help me; I am obviously doing something wrong, because I have yet to get my property back.

Mike · Dec 29, 2009

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Sylvia Plath wrote:

Thank you for the above reply, but I am not sure what you are referring to or how I go about making that request.

Yu contact a lwyer and discuss a civil action - I suggest considering suing for failure to provide due process insteread of suing directly for return ofproperty - the indirect approach often has some advantages.

Beretta92FSLady · Dec 30, 2009

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I contacted an attorney today, who put me in contact with someone that should be able to help me out. It is frustrating to say the least. Hopefully my property isn't in the form of a park bench at Greenlake by now:cuss:

sudden valley gunner · Dec 31, 2009

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When dealing with beauracracy it is always frustrating. Keep incontact with your attorney and follow Mike's advise, he is a lawyer too, and is steering you in the right direction.

Your staying the course will make it easier for others who may be in a similar situation in the future. Keep up the fight.

cynicist · Dec 31, 2009

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Did you fill out or write up a formal request for a return of the property? if not, do so.
They only way for them to keep it is if they do a hearing in civil court and determine that it was used in a felony.
If they found that there was nothing done wrong with it, or even if it was, that you are an "innocent owner," then they have to give it back. I'm not sure what the time limit is, but they have to give it back.
However, a lot of LEOs have this sense that they have an arbitrary authority over you, and can do whatever they want, and you really have to work hard to convince them otherwise.

Keep calling people, getting their names and numbers, etc.

Beretta92FSLady · Dec 31, 2009

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Yesterday consisted of me going to the CC office, and they told me they can't give ma duplicate CC permit, and isntructed me to go to the SPD investigation unit, and mae the request; I went there, and they directed me to go to the SPD property division, so I went there; then they directed me to call the investigator. I asked all of them how I would make a formal requesdt for property, and every one of them told me that they don't know how I would do that.

sudden valley gunner · Dec 31, 2009

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Record your conversations. And ask your attorney for advice.

killchain · Dec 31, 2009

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Sylvia Plath wrote:

Yesterday consisted of me going to the CC office, and they told me they can't give ma duplicate CC permit, and isntructed me to go to the SPD investigation unit, and mae the request; I went there, and they directed me to go to the SPD property division, so I went there; then they directed me to call the investigator. I asked all of them how I would make a formal requesdt for property, and every one of them told me that they don't know how I would do that.

So they confiscated your CC permit?

Beretta92FSLady · Jan 1, 2010

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Yes, they confiscated it for an investigation, but the investigation is over, and I am "clear." My permit was active all the time the investigsation was going on, but without the permit I couldn't CC. I had no restrictions or anything. There is no reason they have to hold my property.

sudden valley gunner · Jan 1, 2010

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Sylvia Plath wrote:

Yes, they confiscated it for an investigation, but the investigation is over, and I am "clear." My permit was active all the time the investigsation was going on, but without the permit I couldn't CC. I had no restrictions or anything. There is no reason they have to hold my property.

You can alway OC. OC down to the station to ask for you permit back that might get their attention a little better. If I was down that way I would go with you, maybe you need a fellow OCer to be your witness to thier actions.

I think you still need to file the paperwork Mike advised you too file. They are depriving you of what is yours.

Trigger Dr · Jan 1, 2010

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If I remember correctly, there is a penalty of $1000 per day for failure to return property after it has been established the property was legal to have and the case concluded. You might want to ask your attorney about this as well.

BigDave · Jan 1, 2010

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sudden valley gunner wrote:

Record your conversations. And ask your attorney for advice.

Sylvia When it comes to recording conversation, you must have their consent to record as provided for in RCW 9.73.030 although seeing an attorney is always a good idea who knows they might want to argue the issue of a conversation with an Officer is not considered private ?? http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

Beretta92FSLady · Jan 1, 2010

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Trigger Dr wrote:

If I remember correctly, there is a penalty of $1000 per day for failure to return property after it has been established the property was legal to have and the case concluded. You might want to ask your attorney about this as well.

I am going to contact, and discuss this with an attorney.

amlevin · Jan 1, 2010

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BigDave wrote:

Sylvia When it comes to recording conversation, you must have their consent to record as provided for in RCW 9.73.030 although seeing an attorney is always a good idea who knows they might want to argue the issue of a conversation with an Officer is not considered private ?? http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

Sorry Dave but there is ample Case Law to support the recording of a conversation with a Law Officer or official.

http://openjurist.org/388/f3d/676/johnson-v-wj-hawe-1-10

The most common decision cited in Washington is the Flora decision.

This being said, the presence of a recorder may cause a sudden case of "Lock Jaw" on the part of any Police Officer or Official and any attempt at conversation could end.

The best way to obtain property that was siezed and not returned within the statutory time is to obtain the services of an Attorney. They will take the necessary action and make claim for any damages allowed. Just make sure that ALL the facts are revealed to the Attorney first.

BigDave · Jan 1, 2010

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amlevin wrote:

BigDave wrote:

Sylvia When it comes to recording conversation, you must have their consent to record as provided for in RCW 9.73.030 although seeing an attorney is always a good idea who knows they might want to argue the issue of a conversation with an Officer is not considered private ?? http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

Click to expand...

Sorry Dave but there is ample Case Law to support the recording of a conversation with a Law Officer or official.

http://openjurist.org/388/f3d/676/johnson-v-wj-hawe-1-10

The most common decision cited in Washington is the Flora decision.

This being said, the presence of a recorder may cause a sudden case of "Lock Jaw" on the part of any Police Officer or Official and any attempt at conversation could end.

The best way to obtain property that was siezed and not returned within the statutory time is to obtain the services of an Attorney. They will take the necessary action and make claim for any damages allowed. Just make sure that ALL the facts are revealed to the Attorney first.

Don't be sorry when you provide good information and for the ease of reference material.
When I made my post I felt also that there should not be a privacy question when it comes to law enforcement in public.

It is pretty clear here

23 "It is not a violation of the Washington Privacy Act to tape-record a police officer in the performance of an official function on a public thoroughfare. Such conversations are not `private' under the Privacy Act. This rule of law was clearly established by Washington Courts in 1992 in the case of State of Washington v. Flora."

sudden valley gunner · Jan 1, 2010

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BigDave wrote:

sudden valley gunner wrote:

Record your conversations. And ask your attorney for advice.

Click to expand...

Sylvia When it comes to recording conversation, you must have their consent to record as provided for in RCW 9.73.030 although seeing an attorney is always a good idea who knows they might want to argue the issue of a conversation with an Officer is not considered private ?? http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

Amlevin beat me to it.

Plus the afore mentioned State vs Flora. That you brought out Dave. I had ran into this years ago when I bought a video camera to record unruly inspectors on my jobsites they started refusing to come out. I told them that if they don't they will be getting a lawsuit or delaying my jobs and costing me money.

The city lawyer told them they were up SOL and had better start my inspection, which have all gone as smooth as silk since. Well except for one newbie, but that was another matter.

I can't wait for work to pick back up watch their mouths drop when they come to inspect and I am open carrying. Not that, that would be my intention. I just open carry everywhere. Unless private property owner tells me not too.

TechnoWeenie · Jan 1, 2010

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It is not a violation of the Washington Privacy Act to tape-record a police officer in the performance of an official function on a public thoroughfare

Read people!

There is no expectation of privacy in PUBLIC.

I have YET to see anything that says 'you can record any official any time and any where'

You don't need explicit consent (IMO) just implied consent. You telling them that you're recording is enough, as you're not hiding it, and if they don't want to be recorded then they can STFU.

Trigger Dr · Jan 1, 2010

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There is no expectation of privacy in PUBLIC.

Cite please

Requesting property after investigation?

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