Legal Question in Real Estate Law in Florida

Withholding personal property as ''evidence'' after accidental death

Is it legal for law enforcement officials to withhold personal items (ie. purses, home videos, etc) after a death has been declared accidental? While on vacation

in Fla. my mother fell off a balcony, the police con-

fiscated her personal items and are now telling us we

cannot have them back because they need them for evidence. We do not have a lawsuit pending, so what evidence do they need the items for? Is this legal?


Asked on 1/22/02, 9:59 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Withholding personal property as ''evidence'' after accidental death

Assuming the facts provided are true and accurate, it appears the police are not being terribly forthcoming with you. Your mother's personal property should have been given to you already. My firm is experienced in handling wrongful death cases, we are admitted to practice before all State courts in Florida, and I would be interested in speaking with you about your mother's case at your earliest opportunity. The personal representative of your mother's estate may have claims against the property owner, maintenance company, manufacturer of balcony and other parties. I look forward to speaking with you.

Regards,

Peter A. Gonzalez

Coral Gables, FL

305-445-0937

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Answered on 1/23/02, 10:47 am
Hugh Wood Wood & Meredith

Re: Withholding personal property as ''evidence'' after accidental death

Interesting. My guess is that there is something they are not telling you. If I assume your facts to be all correct (death accid., death cert. filled out and filed, coroner finished with his investigation) then, "no" they should not keep your mom's personal property from Her estate or personal representative. If it is a small small town the local cops may be good friends with the owner of the building off of which she fell. If all the evidence just disappears, then it will be much harder for mom's estate (you) to prosecute a wrongful death claim. I am mostly a dirt lawyer/litigator, but my partner does a lot of wrongful death. He knows how to get this stuff out of the local constables and the feds if necessary. If you want, call or email him about this matter. His name is Dwigth Meredith. His assistant is Deborah Warrick. Yours, Hugh Wood 404-633-4100

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Answered on 1/22/02, 11:39 pm


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