Can the police just take your property?

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Can the police just take your property?

Yesterday my 18 year old son was riding my 12 year old son’s bike and was stopped by the police who accused him of stealing it. I was called an told to bring proof of purchase. I showed up and showed them my receipt for the bike. It has the picture, date, and cost. The police then tells me that the person who reported the bike stolen also has a receipt for the same type of bike and since neither receipt has a serial number they were taking my son’s bike. Can they do that?

Asked on August 3, 2019 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They cannot keep it after someone provides sufficient proof of ownership, or admits they *don't* own it (so that. the other claimant can get it), but as long as the true owner is unknown or indispute (and so long as it is evidence of a possible crime), they can hold onto it. They cannot give it to someone who may not own it; and they will not return evidence of a still-being-investigated or open crime.


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