Can police hold your property forever?
No.
Police may keep property while it still has evidentiary value, but they cannot simply hold onto it indefinitely without justification. If they’ve had your property for months—or even years—it may be time to ask a court to order its return.
In California, if you are under investigation for a crime, law enforcement may seize your property, believing it was used in the commission of the crime or could aid in their investigation. Items seized include money, cars, electronics, and personal belongings. However, there are limits to how long police can hold these items, and cooperation with law enforcement is not the only way to recover your property.
How Long Can Police Keep My Car or Property as Evidence If I Have Not Been Charged?
Police cannot necessarily keep property forever merely by calling it evidence. However, there is no single deadline that applies to every case.
How long the property may be held depends upon the nature of the investigation, whether the item has evidentiary value, whether charges are expected, and whether the police can preserve the evidence through photographs, testing, or another less burdensome method.
If the property is no longer reasonably needed, an attorney may contact the investigating agency and demand its release. If the agency refuses, it may be necessary to seek a court order for the return of the property. Arguments for release are stronger when police have already photographed or tested the item and continued retention is causing substantial hardship.
What Property Do Police Usually Take?
The type of property police seize usually depends on the type of case they’re investigating.
In hit-and-run investigations, it’s common for officers to tow and impound the vehicle because they believe it contains evidence of the collision.
In domestic violence, criminal threats, and other cases involving electronic communications, police often seize cell phones to look for text messages, photos, videos, or call history.
Cash is another item that police frequently seize. If you’re carrying a large amount of money and can’t immediately explain where it came from, officers may claim they suspect it’s connected to criminal activity and hold it while they investigate.
Firearms are also commonly taken. I’ve even seen guns seized during DUI arrests, despite having little or nothing to do with the alleged offense.
Computers and electronic devices are often seized in cybercrime investigations, but I’ve also seen them taken in domestic violence cases simply because officers believe they “might” contain evidence.
Beyond that, police may seize documents, keys, wallets, surveillance systems, and other personal property they believe could assist in the investigation.
One thing that often gets overlooked is that police don’t always need to keep the original item. In many situations, photographs, copies of documents, downloaded data, or forensic images are sufficient, yet the property continues sitting in an evidence locker long after its evidentiary value has ended.
Why Did the Police Take My Property?
Police usually justify holding property by saying it is evidence in an ongoing criminal investigation. Sometimes that’s true. Other times, however, I’ve seen property held much longer than necessary.
In some cases, the property is being kept because officers hope you’ll come to the police station to ask for it back. Once you’re there, the conversation often shifts from returning your property to asking questions about the investigation.
I’ve also seen situations where officers imply they found something incriminating on a phone or computer, even though it’s not clear whether they’ve actually examined the device. Sometimes the uncertainty alone is enough to pressure people into making statements they otherwise wouldn’t have made.
Other times, police claim the property is contraband or subject to forfeiture. Large amounts of cash, for example, are often seized based on the suspicion that the money came from illegal activity, even when there has been no criminal conviction.
In hit-and-run cases, I’ve also seen vehicles held under the guise of “evidence” even after the inspection is complete. Rather than explaining that the vehicle may be available for release, officers sometimes continue holding it while the investigation remains open.
There are, of course, situations where police legitimately need the property. They may have obtained a search warrant, or they may be conducting an inventory search after lawfully impounding a vehicle. The key question is whether there is still a legal reason to keep your property once those investigative steps have been completed.
What Police Are Really Looking For
One thing I’ve learned over the years is that police are usually not interested in the property itself. They’re interested in the evidence the property can provide.
Hit-and-Run Investigations
In a hit-and-run case, officers don’t really care about your car—they care about what the car can tell them.
They’re looking for paint transfer, broken headlights, airbag deployment, blood, hair, fingerprints, and any physical evidence connecting the vehicle to the collision.
Just as importantly, they’re often trying to identify the driver. I’ve seen cases where the vehicle is held while officers encourage the registered owner to come to the station. Once the person arrives, the conversation quickly turns into questions like, “Were you driving?” or “Can you explain what happened?” Those admissions often become just as valuable as the physical evidence itself.
DUI Investigations
In DUI cases, the phone itself usually isn’t the focus.
Instead, officers may be looking for recent text messages, GPS location data, ride-share records, timestamps, photographs, receipts, or other information that helps establish a timeline. In some cases, that information is used to support the prosecution’s version of events.
Domestic Violence Investigations
In domestic violence cases, phones often contain the evidence officers are really after.
They’re looking for text messages, 911 recordings, photographs of injuries, videos, threats, social media messages, and other communications that may support or contradict the allegations.
One thing I’ve noticed is that even after investigators have downloaded the information they need, the phone sometimes continues sitting in the evidence room for months. When clients ask for it back, they’re often told it’s still being held as evidence, even though the relevant information has already been preserved.
Cases I’ve Handled
Every case is different, but these examples illustrate some of the issues I’ve encountered when police refuse to return property after an investigation.
Although every case is different, they all share one common theme: police often continue holding property long after its evidentiary value has ended. Knowing when—and how—to ask for its return can make all the difference.
Hit-and-Run Investigation
One client was involved in a hit-and-run accident and drove away from the scene. A few days later, the investigating officer went to her home, left a business card, and asked her to contact him.
When she eventually called, the officer told her he wanted her to come to the police station. She became uncomfortable with the situation and decided not to go in without first speaking to an attorney.
Shortly afterward, the officer impounded her vehicle and told her it would not be released until she came in and talked about the case.
After we were hired, I contacted the officer and explained that there was no legal basis to condition the return of the vehicle on my client giving a statement. The officer refused. We prepared and filed a Motion for Return of Property at the Westminster Courthouse. Before the hearing took place, the vehicle was returned to my client.
One thing I’ve learned is that police cannot use your property as leverage to force you into an interview.
Firearm Held After a DUI Arrest
Another client worked as a licensed security guard. He was arrested for DUI in Los Angeles County near the Downey Courthouse. During the arrest, officers located a lawfully possessed firearm in his vehicle.
Even after the criminal case moved forward, the police refused to return the firearm, claiming they were holding it as evidence. In reality, there was no legitimate evidentiary reason to continue keeping it.
Simply being arrested for DUI does not automatically mean you lose your right to possess a firearm.
We brought the matter before the court, and the judge ultimately ordered the firearm returned.
$50,000 Seized During a Hit-and-Run Investigation
In another case, my client operated a cash-intensive business and happened to be carrying approximately $50,000 when he became involved in a hit-and-run collision. He fled the scene on foot, leaving both the vehicle and the cash behind.
Police seized the vehicle and refused to release the money, suggesting it might be connected to criminal activity.
We challenged the continued detention of both the vehicle and the cash. After filing the appropriate motion, the court ordered the property returned.
Just because police seize cash does not automatically mean they have the legal right to keep it indefinitely.
Electronics Held Long After the Case Ended
One client was investigated in a domestic violence case. During the investigation, officers seized his iPhone, iPad, and several other electronic devices so they could extract text messages, photographs, and other digital evidence.
Even after the data had been downloaded and the criminal case was over, the police continued holding the devices. Every time my client asked for them back, he was sent from one department to another without getting an answer.
We finally brought the issue before the court and challenged the continued retention of the property. The judge ordered the electronics returned.
I’ve found that once police have obtained the information they need, there’s often little justification for continuing to hold the original devices.
As a criminal defense attorney in Orange County, I frequently encounter cases where police departments hold property—sometimes for months or even years—with little justification. If your property has been unjustly retained, you have legal rights. In this article, we’ll explore those rights and how you can get your property back through legal recourse.
Common Mistakes I See
After handling these cases for years, I’ve noticed many people make the same mistakes over and over again.
The biggest mistake is trying to explain everything to the police. People assume that if they simply tell their side of the story, the officer will understand and let them go. In reality, those statements often become some of the strongest evidence against them. In hit-and-run cases, for example, people commonly say things like, “I drove away because I was scared.” While that may be true, it also admits they were the driver and knew they left the scene—two important elements the prosecutor must prove.
Another mistake is failing to keep paperwork. I frequently see people throw away receipts, proof of ownership, impound paperwork, or towing documents because they assume they won’t need them again. Later, when it’s time to recover their property, those documents can become extremely important.
People also wait far too long before asking for their property back. Some wait six months. Others wait several years. The longer property sits in an evidence room, the more difficult it can become to figure out where it is, who is responsible for it, and what procedures need to be followed to get it returned.
Another common misconception is believing the police will automatically call when the property is ready to be picked up. In my experience, that often doesn’t happen. I’ve seen cash, vehicles, firearms, and electronic devices remain in evidence for months simply because nobody followed up and requested their return.
The bottom line is this: don’t assume your property will come back on its own. Stay organized, keep your paperwork, and be proactive about protecting your rights.
Attorney Insight
One thing I’ve learned over the years is that police departments are generally much better at taking property than returning it.
I’ve had clients wait months—and in some cases years—because they believed someone from the police department would eventually call them. Many never receive that phone call. Instead, their property simply sits in an evidence locker until someone takes the initiative to ask for it back. I even had one client whose electronic devices remained in police custody for nearly five years before we were finally able to get them returned.
Another pattern I’ve noticed comes up repeatedly in hit-and-run investigations. Police will often impound the vehicle and then tell the registered owner, “Come down to the station and we’ll talk about getting your car back.”
On its face, that sounds reasonable.
What many people don’t realize is that the conversation about getting the car back often turns into questions like, “Were you driving?” or “Can you explain what happened?” Before long, what started as a discussion about recovering property becomes an interrogation. If the owner admits to driving, the officer may have just obtained one of the most important pieces of evidence needed to prove the case.
That’s why I tell clients to be careful. A request to “come talk” isn’t always just about getting your property back. Sometimes it’s the next step in the criminal investigation.
What the Law Says About Evidence Retention
California law provides clear boundaries on how long police can hold property. Penal Code 1538.5 governs the return of seized property and aims to balance the police’s need to investigate with an individual’s right to their belongings. Under this law:
- Police can hold property only as long as necessary for evidentiary purposes.
- Once photographs or other documentation (e.g., serial numbers, cash counts) are taken, there’s no legal reason to retain the physical items.
- Holding property for months or years—especially when it’s unrelated to an investigation—violates the principle of reasonable retention.
Your Legal Rights: How to Get Your Property Back
If the police have your property and refuse to release it, there are legal solutions available:
File a Motion for Return of Property under Penal Code 1538.5
- You can request a hearing where the police must justify retaining your property.
- If the police cannot prove that the property is still required as evidence, the court will order its return.
Common Legal Arguments for Return of Property
- Cash: If the police suspect it was involved in a crime, they must prove it. Photos and counts should suffice—there’s no justification for holding it indefinitely.
- Guns: Serial numbers and ownership verification should conclude their investigation. If the gun is not stolen, it should be returned.
- Phones and Electronics: After downloading relevant data, police have no legal basis to hold onto these items.
Challenges with Police Departments: Why You Need an Attorney
Negotiating directly with police departments in Fullerton, Santa Ana, or Westminster can be challenging. Officers are trained to interrogate individuals, often coercing them into answering questions about the investigation when they request the return of their property.
If you attempt to recover your belongings alone, you may face questions like:
- “Tell me what happened, and I’ll see if I can help you get your property back.”
- “Why do you need the cash? Tell me what it’s for, and we’ll release it.”
These tactics are designed to elicit incriminating responses, which can complicate your case. Don’t fall into this trap—having an attorney ensures your rights are protected throughout the process.
The Process of Recovering Your Property
If your property has been held without charges, follow these steps:
- Gather Documentation: Collect all receipts, police reports, and evidence related to the seizure.
- Consult with an Attorney: Contact an experienced attorney (like us) familiar with Orange County courts to assist with your case.
- File a Motion for Return of Property: If negotiations with the police are unsuccessful, filing a motion in the appropriate Orange County courthouse—Fullerton, Santa Ana, or Westminster—will compel the police to justify the continued retention.
- Attend the Hearing: At the hearing, the court will evaluate:
- The length of time the police have held the property.
- Whether the case is ongoing.
- The legal relevance of the property to the investigation.
Why Hire Us to Handle Your Case?
Our law firm handles many cases where property is wrongfully held by police. We have successfully recovered everything from cash and guns to electronics and vehicles by filing motions in Orange County Superior Courts. We understand the intricacies of working with local police departments and are well-versed in navigating the court system.
If your property has been seized and held without charges, don’t wait. Contact us today for a free consultation and let us fight to get your belongings back.
Frequently Asked Questions
How Do I Request My Car, Phone, or Other Property Back From the Police?
Start by locating the property receipt or evidence receipt given to you by the police. Contact the agency’s property or evidence unit and ask whether the item has been cleared for release.
If the item is still being held as evidence, the agency may require authorization from the investigating officer, prosecutor, or court. An attorney can contact the agency and make a formal request explaining why continued retention is unnecessary.
If the agency refuses to release the property, it may be necessary to ask a judge for an order requiring its return.
Can Police Keep My Property If the DA Never Files Charges?
The fact that charges have not been filed does not always require the police to return property immediately. The investigation may still be open, and police may claim that the item continues to have evidentiary value.
However, police cannot keep ordinary property indefinitely without a legitimate reason. The argument for return becomes stronger as time passes, especially when the item has already been photographed, tested, copied, or otherwise documented.
Contraband, stolen property, and items that are illegal to possess are treated differently and may not be returned.
Can Police Keep My Car After They Have Already Photographed and Inspected It?
They may continue holding it if they can explain why the actual vehicle is still needed as evidence.
However, once police have photographed, measured, inspected, and tested the car, it becomes harder to justify keeping it indefinitely. Continued retention may cause substantial hardship when the owner needs the car for work, court, medical appointments, or family responsibilities.
The longer police keep the vehicle without performing additional testing or filing charges, the stronger the argument may become that the car should be released.
Can Police Search My Phone Just Because They Seized It?
No. Seizing a phone does not automatically give the police the right to search its contents.
Police ordinarily need a search warrant, valid consent, or another recognized legal exception before searching the digital information stored on the phone. The warrant must also be supported by probable cause and should describe what information the police are authorized to search for.
Police may still hold the phone while applying for a warrant. Whether the seizure and later search were lawful will depend upon the facts of the case and the scope of any warrant or consent.
Can the Police Refuse to Return My Property Until I Talk to Them?
I’ve seen this situation come up most often in hit-and-run investigations. Police may ask you to come to the station to “talk about getting your property back.” Be careful. What starts as a conversation about your vehicle can quickly turn into an interview about the criminal investigation.
Whether the police have a legal basis to continue holding your property depends on the facts of your case—not on whether you agree to answer questions. That’s one reason it’s often helpful to speak with an attorney before contacting the investigating officer.
Can Police Search My Phone After They Seize It?
Possibly. Simply seizing your phone does not automatically give police the right to search everything on it. Whether they can examine the contents depends on how they obtained the phone and whether they have the legal authority to search it, such as a search warrant or another recognized exception to the warrant requirement.
Can Police Keep My Laptop?
Yes, if they have a lawful reason to do so.
If investigators believe your laptop contains evidence of a crime, they may seize it while the investigation is ongoing. The bigger question is not whether they can take it—it’s whether they still have a legal reason to keep it once they have collected the evidence they need.
Can Police Keep My Prescription Medication?
Yes, in some situations.
If officers believe the medication is evidence in a criminal investigation—for example, in a DUI or prescription drug case—they may seize it. Whether they can continue holding it depends on the circumstances of the investigation.
Can I Get My Gun Back?
Often, yes.
Simply being arrested does not automatically mean you permanently lose your firearm. If you are legally allowed to possess firearms and there is no lawful reason for the police to continue holding it, you may be entitled to have it returned. Every case is different, so the specific facts and the charges involved matter.
Can Police Keep My Cash Forever?
No.
Police cannot simply hold your money indefinitely without legal authority. While they may claim the cash is evidence or attempt to pursue asset forfeiture, those are separate legal processes. If there is no legal basis to continue holding your money, you have the right to seek its return.
Can Police Tow My Car Without Arresting Me?
Yes.
In many investigations, particularly hit-and-run cases, police may tow a vehicle they believe contains evidence, even if no arrest is made at that time.
Can I Get My Personal Belongings Out of an Impounded Car?
Sometimes.
This depends on why the vehicle was impounded. If the car is being held strictly as evidence, police may limit access to the vehicle. In other situations, the tow yard may allow you to retrieve personal items with the investigating officer’s approval.
Can Police Charge Storage Fees?
Sometimes.
Police generally do not charge storage fees themselves, but tow yards often do. One issue I’ve seen is that a vehicle may initially be held as evidence and later reclassified for safekeeping. Once that happens, storage charges can begin adding up quickly. That’s why it’s important to determine exactly why your vehicle is still being held and whether its status has changed.
What If Charges Are Never Filed?
Even if criminal charges are never filed, police do not always return property automatically.
I’ve seen property continue sitting in evidence long after an investigation has ended. If the police refuse to release it, your attorney may need to file a motion asking the court to order its return.
What If the Police Lost My Property?
If your property has been lost, damaged, or destroyed while in police custody, you may have the right to pursue a claim against the governmental agency responsible for holding it. The proper procedure depends on the circumstances of the loss.
Can Police Destroy Evidence?
They can under certain circumstances, but they generally cannot arbitrarily destroy property that has been booked into evidence.
If police issued you a property receipt, they are expected to account for that property. If evidence is destroyed improperly, it may create both legal and factual issues that need to be addressed.
Conclusion
Police departments in California have the authority to seize property during investigations, but this power is not without limits. Holding property for extended periods without charges or justification is a violation of your rights. Legal recourse is available through Penal Code 1538.5, and with the help of a knowledgeable attorney, you can reclaim what’s rightfully yours.
Take action today—gather your documentation, call our office, and let us help you recover your property from the police. Justice starts with standing up for your rights.
If the police have had your property for months—or even years—don’t assume there’s nothing you can do. One of the biggest mistakes I see is people simply waiting for a phone call that never comes. If the investigation is over, there may be legal ways to force the issue and ask a judge to order your property returned.
