Legal Question in Civil Rights Law in Wisconsin

return of seized property

June 14, 2001 the gun that my husband used to commit suicide was taken by local law enforcement. I was told that it was to be held in property for one year and I could retrieve it at that time. I called about getting the gun returned and was told that their ''policy had changed''. Any property used violently would be kept indefinetly, however the detective I spoke to had not seen any written documents or knew of anyone who had. I was then given the phone number for a lieutenant for further questions. The case was closed right before Thanksgiving. What are my rights?


Asked on 7/09/02, 3:59 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: return of seized property

The firearm is your property. Once it was known that the unfortunate death of your husband was not a criminal event, you were entitled to have it returned.

Under the circumstances, your best and fastest remedy is to sue the police department in small claims court for return of the firearm.

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Answered on 7/09/02, 4:26 pm


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