Legal Question in Civil Rights Law in New York

Personal Belongings during an arrest

I have a question about the following situation:

Person A lends person B an item, and person B is picked up by the police for whatever reason. During the arest, the item is held up by the police along with the rest of person B's personal belongins.

If the item wasnt used in crime, and person A can prove his ownership with person B's agreement, can this item be returned to person A?


Asked on 7/17/04, 7:30 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Personal Belongings during an arrest

Yes.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/19/04, 9:38 am
A. Olusanjo Omoniyi Omoniyi Law Firm, P. C.

Re: Personal Belongings during an arrest

In reference to your question, there is no reason why Person A should not be able to retrieve its personal belongings. However, to secure the belongings, Person A needs to get in contact with the police and possibly the District Attorney prosecuting Person B to retrieve the belongings. First, Person A should approach the above two offices, if he/she could not retrieve it, then Person A should contact a local attorney to assist. The steps should be relatively simple if the facts of this matter as Person A described it were factually correct. Good luck.

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Answered on 7/17/04, 11:55 am


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