What happens when the police detectives take more things that are actually on the search warrant?

Question

Also some other stuff was taken for "evidence" and was not returned when i was bailed out (like my purse and ID)

Answer 1

Evidence is held until the trial. And returned if you are acquitted, or after the end of your prison sentence (if any).

Evidence is not returned just because you are on bail.

And the police can take things if they are clearly contraband (illegal items) or if they are listed on the warrant. They cannot take anything else, and your attorney would file for suppression and return of the items if they were not in one of those two categories.

Answer 2

The search warrant is probable cause - and if they discover something else during the search that was in plain sight, they can seize it as evidence.

Call and ask if you can have your purse and ID back. They may have just forgotten to return them to you, unless they are being held as evidence.

Answer 3

If a police or detective have a search and seizure warrant, the law is fickle. If they have a legitimate warrant and see something they think is relevant, then they can legally take and seize it even if it isn’t listed in the warrant.

If the warrant limits them to looking in say, room "A" and they seize things in room "B" then that is wrong. But if they seize things in plain view and in common areas, then that is allowable.

Answer 4

See a lawyer, this is bordering on theft. He cannot legally take anything from your premises not specified on the warrant. Your purse and ID MUST be returned to you.

Answer 5

even if the items are not on the search warrant they can still seize things that are in plain site.if your trial is over all you have to do is fill out a request form to get the things they have

Answer 6

I'm sure there are honest and dishonest policemen/women. In fact I am certain of that. There are some that do steal, coerce confessions , take / solicit payoffs. I think we just expect more of them and are dissapointed when they don't meet those expectations. A majority are probably honest, hard working, underpaid. Then there are the lazy, donut loving slobs that are dishonest/corrupt.