The police are asking me to surrender my property as evidence for an investigation. Am I legally required to?

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Question:

My son was involved in a fight with another kid at our home, where he used several items in the home to defend himself. The police have asked that we surrender the property as evidence. Will we ever get the items back, or do we lose them?

Answer:

Any items used during your son’s altercation are considered evidence by the police, and must be turned over to the police as part of their investigation if required. Surrendering property as evidence doesn’t necessarily mean that you will never get them back. Typically, any items turned over will be returned to the party at the end of any criminal investigation or trial, once the legal process has played out. However, there are some circumstances where the court will direct that items must be turned over to the police to be destroyed, such as weapons or illegal merchandise that were surrendered as evidence. Usually, the court and/or police will allow the return of undisputed items of evidence to the party so long as they are not dangerous or illegal items used in the commission of a crime.

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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