If you need to have your state ID returned from the police department, you will need to follow your local police department's procedure for claiming items in police custody. Each police department may have its own procedures to reclaim items in police custody, so check with your local police department regarding applicable procedures. Since you will not be able to show your ID for proof of identity, bring another form of identification with you to the police department.
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Contact the officer who arrested you or the inventory department of your local police station to see whether your identification is in its custody and what steps you must take to have your ID returned to you.
Locate the voucher given to you by the police when they took your ID or other property. The police are required to give you a voucher when they take your property. If you were not given a voucher after your arrest or citation, go to the police station and request one from the property officer in charge. Be sure to have the following information ready so that you can provide it to the property officer: arrest date, citation number, property taken, arresting officer and location of arrest.
Present your property voucher to the property officer at the local precinct. If the property is in the police department's custody, it should be returned to you promptly. If the police department is not in custody of your ID or is unable to locate it, you will have a much harder time getting it returned.
Present a motion in court requesting the police return your ID if you cannot get the police to return your ID by presenting your voucher or through a verbal or written request. If you do motion the court to have the police return your ID, the judge will provide you with a court order.
Present your court order to the police for the return of your ID. If the police cannot comply, they may be sanctioned by the court.
Tips and warnings
- Always keep accurate records of any items seized by the police. Be sure to date and sign your records.
- If you are presented with a property voucher by the police that does not list all of the items taken, you should not sign the voucher and you should contact your attorney immediately.
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