What Happens to Your Property When You’re Arrested in San Diego?

Getting arrested raises a lot of immediate questions. One that often gets overlooked — until it’s a problem — is what happens to your stuff. Your phone, your wallet, your car, your keys. In San Diego, law enforcement doesn’t always make it easy to track down what was taken, what’s being held, and what you need to do to get it back.

Whether you were arrested for a felony, a misdemeanor, or something that never should’ve been charged in the first place, the way your personal property is handled can directly affect your case — and your life. Here’s what you need to know.

What is Considered “Property” During an Arrest?

In most San Diego arrests, property refers to:

• Wallets or purses
• Cell phones and smartwatches
• Cash and credit cards
• House and car keys
• Jewelry and clothing
• Backpacks, luggage, or bags
• Vehicles
• Anything else on your person at the time of the arrest

This also includes anything found in your car, in your pockets, or in bags or containers you have with you. In some cases, if you are arrested at your home, items from your residence may be seized — especially if law enforcement has a search warrant or claims something is in plain view and potentially related to the alleged crime.

Where Does Your Property Go After an Arrest?

The answer depends on what kind of property it is and whether police believe it’s evidence.

Personal Property That’s Not Evidence

Items like your wallet, phone, and keys are usually collected, inventoried, and stored by the arresting agency. This could be the San Diego Police Department, the Sheriff’s Department, or another law enforcement agency.

These items are placed in a property locker or evidence room while you’re being processed. You’ll typically receive a property receipt or inventory sheet showing what was taken and stored.

Property Considered Evidence

If officers believe that something on you was connected to a crime — a phone with incriminating messages, cash allegedly tied to drug sales, a weapon, or even clothing — they may seize that property as evidence. This means:

• It won’t be returned while the case is active
• It may be held even if charges are dropped
• You might need a court order to get it back

Vehicles

If you were arrested while driving, your car may be towed and impounded. The towing company and storage lot will charge you daily fees — even if the car isn’t considered evidence. If law enforcement claims there’s probable cause to believe the car contains evidence, they may search it or hold it as part of the investigation.

How Do You Get Your Property Back After an Arrest?

1. If You’re Released Without Charges or After Booking

If your property wasn’t marked as evidence, you can usually pick it up from the property division of the arresting agency. You’ll need:

• A valid photo ID
• Your booking number or case number
• A copy of the property receipt

Some agencies require appointments or have limited hours for property pickup. If you’re still in custody, a friend or family member might be allowed to retrieve it with your permission.

2. If the Property Is Held as Evidence

You typically won’t get it back until the case is resolved — and even then, you may need your defense attorney to file a motion requesting its return. If law enforcement believes the property was involved in a crime (e.g., stolen items, drugs, firearms), they may object.

In some cases, the prosecution might move to forfeit the property permanently. This is especially common in:

• Drug-related offenses
• Fraud or theft charges
• Cases involving large amounts of cash

This is where a skilled criminal defense attorney is critical — not just for your freedom, but also to protect your rights to your property.

What Happens to Your Phone?

This is one of the biggest concerns we hear from clients.

Police often seize phones, claiming they may contain evidence. But they can’t just go through it without a warrant. Your phone is protected by the Fourth Amendment, and the U.S. Supreme Court has made it clear: law enforcement needs a search warrant to access its contents.

That doesn’t mean they won’t try. If your phone is locked, they may keep it until they can convince a judge to authorize a search. Or they may ask you to unlock it voluntarily. You are not required to give them your password or consent to a search.

At our firm, we advise clients not to answer questions and not to consent to any searches without legal advice.

What About Property That’s Lost or Damaged?

It’s unfortunate, but it happens.

• Property may go missing during booking
• Phones can be damaged in storage
• Items might be held too long and rack up storage fees
• Cars can be released to the wrong person or sold at auction

If you believe your property was lost or mishandled, an attorney may be able to help you file a claim — but it’s often an uphill battle. Document everything. Keep your property receipt. And don’t wait to follow up.

Can Police Keep Your Property Permanently?

In some cases, yes — under civil asset forfeiture laws, the government can move to keep property believed to be connected to criminal activity, even if you’re not convicted.

This is especially common in:

• Drug sales and trafficking cases
• Money laundering or fraud investigations
• Cases involving large sums of cash

The government has to file a separate forfeiture action, and you have the right to challenge it. But the deadlines are tight, and the rules are complicated. You need legal representation as early as possible if your property is being targeted for forfeiture.

What If You’re Arrested While on Probation or Parole?

If you’re on probation or parole, you may have fewer protections when it comes to searches and seizures. Your home, car, or phone might be searched without a warrant, depending on the terms of your supervision.

Still, law enforcement has limits. If they overstep, your lawyer can challenge the legality of the search and move to suppress any evidence they obtained illegally.

Why It’s Important to Act Quickly

Most people arrested in San Diego are focused on their charges — as they should be. But waiting too long to deal with seized or impounded property can lead to:

• Missed deadlines to retrieve property
• Increased impound/storage fees
• Loss of critical evidence for your defense
• Permanent loss of property through forfeiture

Your defense attorney should not only be protecting your rights in court, but also helping you track and recover your personal property — especially if it could help your case or if its loss would create further hardship.

Your Property Matters. So Does Your Freedom.

At David P. Shapiro Criminal Defense Attorneys, we know what’s at stake when someone’s arrested in San Diego. It’s not just your case. It’s your car, your phone, your money — your life.

If you’ve been arrested, don’t wait. We help people take back control from the very first step, including working to recover important property that might otherwise slip through the cracks.

Call Our Team to Start Protecting Your Rights — and Your Property.

Facing criminal charges in San Diego? Unsure where your property went or how to get it back? We can help. Contact us today to schedule a consultation and learn how to protect your freedom, your future, and everything you’ve worked hard for.