Right to Return of Property

A victim of crime may suffer the loss of property in two ways: by theft or when property is seized and held as evidence.

All 50 states and the District of Columbia passed laws outlining procedures for returning stolen or personal property seized for evidentiary purposes in subsequent criminal proceedings.

In most states, property may be returned to its owner when it is no longer needed as evidence in a criminal prosecution. Since this often means the victim is deprived of their property for months or even years while the case is appealed or retried, some states have attempted to impose specific time requirements for the return of property.

Several states have attempted to promote the prompt return of property needed as evidence by authorizing a photograph of the item to serve as evidence.