The police department lost my property?

The police department lost my property? Topic: Civil case stories
June 26, 2019 / By Madlyn
Question: On may first this year my house was robbed. The police caught the guy and recovered about 2% of the items stolen, the property then went into evidence and we just got our letter to pick up the items. When we went up there to recover our items we were told that the laptop which was found in pawn was never picked up from the pawn shop and probably sold. Along with this news we learned that the digital camera and 2 out of the 3 MP3 players were just out right missing. The police insisted they couldn't use the laptop in the case because it was pawned outside of the city we live in but in the same county which never made sense to us so it dropped the charges to a misdemeanor but now we learn they probably didn't use the laptop because they never had it, and now the person who robbed us is out roaming the streets living just 5 blocks away from us. I'd like to know legally what are my chances in a small claims suit They didn't charge the guy with breaking into our house because there was no evidence they charged him with receiving and concealing stolen property. It was hours after the robbery and the camera and mp3 players the police had them and now they are lost the police lost them.
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Best Answers: The police department lost my property?

Keren Keren | 9 days ago
A small claims suit against whom? The burglar? Pretty good. It is MUCH easier to prove a case in civil court than criminal. In a civil case you just need a preponderance of the evidence, basically 51% proof. In a criminal case you have to prove the case beyond any shadow of a doubt, or basically 100%. A suit against the police department? Zero. What damages have you incurred based on what they did or didn't do? Sounds like none. You have damages from a burglar, but not the police.... The issue about the laptop had a lot more to do with when it was pawned than where I imagine. If it was pawned within a few hours of the burglary that's a good indication that the person pawning it is also the one who stole it. But, a good indication is a LONG way from "proof". If it was pawned days, weeks, months after the burglary then there is no way to tie them to the burglary based just on that. Especially since FBI stats kept over years and years and years prove that burglars almost always get rid of stolen property within 24 hours. As to why it wasn't picked up from pawn..... I have personally gone to pawn shops before and put property on police hold. Then go back later just to find out that they "forgot" to put it on hold and sold it. What actually happened was they didn't want to lose that money. As to the camera and MP3 players.... Missing from where? Ah, well. Yes despite what they portray on television it takes a lot more to charge somebody with a burglary than just finding property from the burglary in their possession. Theft by receiving would be the proper charge in that case. If the police had this property in their possession and now it is lost you would have a case for that I guess. A camera and a couple MP3 players? You could make get a couple hundred bucks out of it. There seems to be a lot more to the story though. Things don't just go missing from police evidence lockers. Are they still looking for it, since it was possibly entered accidentally under the wrong case number? Or some numbers got transposed and it ended up in the wrong locker? What did they tell you? I really doubt they just said, "Sorry we can't find your stuff. Have a nice day, bye." Interesting though that you say this guy is "out roaming the streets" then say he was charged with receiving and concealing stolen property. Even if he had been charged with burglary he would still be "out roaming the streets" as soon as he made bond you know.
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Keren Originally Answered: Traditionally police department have been?
You get people to do you homework now, in another couple of years, when you graduate your only option is going to be, to become a police officer

Jacinda Jacinda
You can launch a small claims suit if you want but just know that on the other side of the isle will be the cities lawyers representing the police department. You'll have to win your case against them and the whole matter will cost you more then its worth.
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Jacinda Originally Answered: How should I feel about my chances at this police department?
What a terrible system.I cant give you an educated answer but I can tell you that you are better off being thruthful to all parties. Tell the investigator exactly what you said above. Tell you didnt mean to be dishonest and the reasons why you where. Cross my fingers everything goes well for you. Kind Regards
Jacinda Originally Answered: How should I feel about my chances at this police department?
well in my opinion, you shouldn't change your history to get a high profile job as a police officer. you know what i'd do? go to the current investigator, and just spill your guts to him/her-be absolutely honest. the gang thing, just tell them, yeah, i knew people who were in gangs, but i wasn't a part of them or there ideology, and didn't want any part of it, and as for the drinking, you never got a dwi, and never drove if you thought you were too out of it, and tell them that yes, you tried pot, cant really remember how many times, but decided it wasn't for you, and that's why you want to be a peace officer, to keep the peace and keep kids out of drugs and gang violence. just be strait with them, and if you believe in what you say, they will pick up on that and hire you. one thing tho, you must believe these things yourself, or they will see right thru you.

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