If officers have taken your phone, cash, vehicle, or other belongings during an arrest or investigation, one of the first questions you will have is simple: how long can police hold your property for evidence. In Maryland, the answer depends on whether your property is still needed for a pending case. Police can hold items for weeks, months, or even years if prosecutors believe the evidence is relevant. Understanding what the law allows and how to get your property back can make the process much less frustrating.
Why Police Take Property During an Investigation
Police can seize property when they believe it has evidentiary value. This can include:
- Property used in a crime
- Property believed to be stolen
- Property containing potential evidence such as messages or photos
- Property that may hold DNA or fingerprints
- Cash that police believe is connected to criminal activity
Once your items are taken, they are booked into evidence and cannot be released without approval from either the investigating officer, the prosecutor, or a court order.
How Long Police Can Keep Your Belongings
There is no set statewide time limit in Maryland. Police can retain property as long as it is reasonably connected to an open investigation or criminal case. Here is how it works in practice.
If no charges are filed
If police take your property but do not charge you with a crime, they can still hold it while the investigation is open. Once the investigation ends, you have the right to request the return of your belongings. This requires contacting the evidence unit or having an attorney reach out directly to the agency or prosecutor.
If charges are filed
If the case is charged, police will normally hold the evidence until the case is resolved. That includes:
- The entire pretrial phase
- Trial
- Sentencing
- Appeals in some cases
If the item may be needed for testimony, the agency will not release it until the prosecutor gives permission.
If the property is contraband
Contraband is never returned. This includes:
- Illegal drugs
- Unlawfully possessed firearms
- Fake IDs
- Stolen property that must be returned to the rightful owner
Items considered illegal to possess cannot be released under any circumstances.
If the property is subject to forfeiture
In some cases the State may attempt to keep the property permanently. Cash, vehicles, and other items can be held if prosecutors believe they are tied to certain criminal offenses. This requires a civil forfeiture process. You have the right to contest the forfeiture.
If the case involves serious felony charges
In cases such as homicide or major drug investigations, evidence may be held for several years. Some items must be preserved long after trial for post-conviction or DNA review. This applies even after a conviction.
Your Rights When Police Seize Your Property
You have several rights under Maryland law when your property is taken.
You have a right to a receipt
Police must provide an inventory of everything seized. This is critical for tracking your items later.
You have a right to request your property back
If the property is no longer needed or you were never charged, you can file a request with the agency. Your attorney can also contact the prosecutor directly and demand a review of the evidence hold.
You can file a motion in court
If the police or prosecutor refuse to release property that is no longer needed, you can file a motion for the return of property. Judges in Prince George’s, Charles, Calvert, and St. Mary’s Counties see these motions often. A court order requires the State to justify why the property is still being held.
You can challenge unreasonable delays
If police have kept property for an excessive amount of time without a valid reason, the delay may violate your due process rights. An attorney can challenge this and push for prompt return.
How to Get Your Property Back Faster
Most people wait and hope the property will be returned on its own. That rarely works. Here are the steps that speed things up.
- Get a lawyer involved early. Agencies respond faster when an attorney is communicating on your behalf.
- Ask whether the case is still open. If the investigation is closed, the property should be returned unless it is contraband or forfeited.
- Request prosecutor review. Many items are held simply because no one has checked whether they are still needed.
- File a motion if necessary. Maryland courts can order law enforcement to release property that is being unlawfully held.
If officers took your phone, wallet, cash, or vehicle, you do not have to wait in the dark. You have a right to know what is happening and when it will be returned.
When to Contact a Criminal Defense Lawyer
If your property has been held longer than expected, or if you are facing charges in Southern Maryland, speak with an attorney as soon as possible. A lawyer can demand proof that the State still needs the evidence, challenge unreasonable delays, and fight to get your belongings back.
Southern Maryland Criminal Defense helps clients in Prince George’s, Charles, Calvert, and St. Mary’s Counties understand their rights and protect their property. If your items were seized, we can guide you through the process and take action immediately.
