Property Claims Against the Police
If the Police damage or interfere with your property unlawfully, it may be possible to sue them for 'trespass to goods' or 'conversion'. You may also be able to sue them if they refuse to return your property back to you when they are not legally allowed to keep it.
What does the law say?
The law does give the police certain powers under which they can take and keep an individual's property. Examples of such situations may be where the Police have a good reason for thinking the property may be the proceeds of crime (such as stolen goods) or evidence of an offence that has been committed. The police are allowed to keep your property only for as long as they need to. This can include when they want to use the seized item as evidence during a trial. They can also hold the seized item when they want to work out who the true owner is.
If property has been taken from you when you have been arrested, it should be given back to you when you are allowed to leave the police station. The police can hold onto it only in circumstances where they suspect the seized property is the proceeds of crime or evidence of an offence.
Our recent success
Saunders Law recently represented Mr W in his property claim against Merseyside Police. Mr W had a search carried out by officers at his property during which three expensive looking watches were seized that belonged to Mr W. Two of the watches that were seized later turned out to be expensive Rolex's. There were later sold by Police accidentally to satisfy another individual's confiscation order. Mr W held possessory title of the two Rolex watches at all times and at no stage had he given Merseyside Police permission to dispose of them, resulting in the sale of his watches being unlawful. The claim was settled for lb6,200 plus legal costs.
Speak to our expert police actions solicitors
At Saunders Law, we offer expert legal assistance in all types of Actions Against the Police claims, including property claims. If your property has been interfered with by the Police in a way which you suspect to be unlawful, or if you have otherwise been mistreated by the police you should seek legal advice immediately.
For a free, no-obligation, initial discussion of how we may be able to help, please contact us today.
Call us on 020 3811 3123 or make an enquiry online.