Recently my private property was raided by police here in Texas, I was told that lo jack led them to my property and they seized items outside my home but on my property which we had bought almost a year ago also the vechile I was driving was taken but that's in our name and we have all the proper paper work to prove that. The officer later called me to ask questions and I told him I retained an attorny and would no longer speak with him and he said " he was going to arrest me for driving a stolen car and that it was a felony" I want to know because I have not been arrested nor my husband and this happened in may of 2007 how long does he have to arrest me?

What is proper police procedure in investigating a crime where no one has been arrested ,like I said before property was taken from outside my house, I know for a fact that the SGT. Who is doing all of this, called my husbands old job and told them of a raid at my residence and wanted to know if at any time when my husband worked there did items come up missing, My husband owns his own business and is starting to finally get it off the ground and the people who he is doing a job for are now have started to act different to him and I believe it is because of this SGT. Does he have a right to do that when no one has been arrested and it is sappose to be under investigation? Does that fall under defamation of carector? Please excuse my spelling

This is very unclear. Did you report the theft of property from your house? Did someone else? What do you think is being investigated?

During an investigation the police generally can and do ask any questions they think necessary to solve the crime. Doesn't matter whether someone is arrested or not, the purpose of an investigation is to determine who to arrest.

Its not defamation unless the police tell someone that x committed a crime before he's convicted.

The SGT. Said lo jack was on an item on my property (B.S.) I was not home when they opened my gate to drive on my property I came home to find a lot of police looking all over the outside of my house. They did not have a warrant to search my property or to seize anything,they took my jeep that's in my name and said it was stolen I had my 4 year old daughter with me . He made me sign thispiece of paper that had my rights on it he basically made me feel if I did not sign it I would go to jail right then and there and I did'nt do anything wrong I did not consent to this search and seizure and I wasd not driving a stolen vechile, I know without a dought that there was no lo jack on any item at my house also we had a friends car out here and they did'nt even touch it and if we are being accused of stealing would'nt they have taken the car?

Hello jen:

The criminal statute of limitations is probably three years, but I didn't look it up.

excon

Ok, So the police came to your house and claimed that a car was reported stolen and that the lo jack system showed that the car was on your property. That would constitute probable cause to search your property.

However, unless the car reported stolen was the same model Jeep that you have, they had no right to seize it. Even if it was the same, they should have been able to verify it was yours by the VIN.

What you signed sounds like simply an acknowledgement that you were read your rights.

So now where do you go from here. I would get an attorney. You should be able to get the Lo Jack trace log that showed the stolen vehicle on your property. If the police cannot produce such a log, then they have no case against you and they committed an illegal search.

But, based on what you have said, they overstepped the bounds and could be sued for taking your jeep and maybe more. You should be able to find an attorney who will give you a free consult. If the facts are as stated, you can probably get one to take the case on contingency, which means you pay nothing.

Call the States Attorney in your county and demand return of items taken, or arrest you.

If they have a case the will if not put them on notice of the illegal search and seizer of private property, back up your phone call or visit to them in writing certified mail.

Please don't start separate threads with respect to the same issue. This will confuse matters. I've asked that your other thread be merged with this one.

Do not think that the police are out to protect you. They think, because lo jack reported a stolen vehicle on your property, that you are a criminal. So they are going to try and threaten you. You did the right thing by enaging an attorney and telling the police to speak to you only through your attorney or with your attorney present. You should have reported that threat immediately to your attorney. Always get the full name and badge number of any officer you deal with.

Again, based on the facts as you have given them, you have a case against the police. They probably know it and will try to intimidate you not to follow through. Sic your lawyer onthem.

They never said what the lo jack was on, all the sgt. Said was it was on an item on my property, that's it and since then we have heard nothing I'm about ready to crawl up my lawyers butt and explode My lawyer said they can't do anything until someone is arrested I believe they want my husband but since I told them I retained an attorney that's when I was threatened by the SGT. That he was going to arrest me for driving a stolen vechile and I was'nt ,they took a bunch of stuff from my place ,my kids 4 wheelers were taken a trailer ,a generator and my jeep

You need a new atty. Has the seized property been returned? If not, then your atty is not doing his job. If he is saying to wait until an arrest that's wrong.

The police should be made to produce a copy of the lo jack log that showed stolen property on your property. If property was reported stolen and that property was protected by Lo Jack, then there should be a stolen property report that identifies what was stolen. The police can't just seize anything. It has to match the description of the prperty reported stolen. If they cannot do so, then your property should be returned with an apology. The police can't hold your property indefinitely without making an arrest. Your attorney should be hitting them with writs right and left to get them off the stick.

I thought so. No property has been returned. The Sgt. Told the lawyer that he wanted my husband to make a statement, but the lawyer advised him that it would not be in our best intrests to. I can't live like this. The reason I know there was no lo jack... is because.. about 6 months prior to this a stupid women hopped up on pills drove on our property into our fence with her 3 kids I called 911 when the goofy bitc$ took off with her 2 younger kids (2&5) driving 80mph my husband chased her down finally got her to stop and prevented her from leaving well she left her little girl at my house and did'nt even realize it but to get to the point I had all kinds of police out here when that happened and if there had been lo jack it goes off a freaguency and all police carry that thing when something is reported stolen and all items they took from my home were here when that happened

Sorry, but something happening 6 months prior is no proof. You do not know if someone planted something on your property. Again, Lo Jack has to produce a log given the lot and long of where the object they are tracking is. That log is necessary to produce in court. The police have to produce that log to justify the search.

No one has said anything about court.

I really don't believe there was lo jack on anything, his first exact words to me were do you know anything about lo jack. And I answered no so the he preceded to tell e about it.

Hello again, jen:

I maintain that the cops can seize what they determine to be evidence of a crime and hold it while an investigation is underway. An investigation can last (and does if you ask the cops) for the entire duration of the statute of limitations.

In my view, you have no right to obtain that property from the police during that time. However, if after the statute of limitations is up, and charges haven't been filed, and you can show that the property was withheld for punitive reasons, you THEN can sue.

excon

I agree that they can seize what they determine to be evidence. I don't agree they can hold it indefinitely. Your attorney should be a file a writ (I think its mandamus, but I'm not sure) for the police to prove they have reason to have seized and to hold on to your property.

Like I said earlier, if they were responding to a stolen property report on a Lo Jack equipped item and they have proof that the Lo Jack signal placed the item on your property, then and ONLY then did they have reasonable cause to enter your property. Your attorney should be challenging the police's right to enter your property and seize anything belonging to you. At the very least, this will force the police's hand and show what type of case they are developing. But if what you say is true, then they won't be able to show reasonable cause at which point a judge should declare the seazures illegal and return your property.

Just an fyi: Lo Jack is often used on construction equipment, because it has a habit of "going missing" from job sites. Which, if the husband is starting up a business and is in construction (which it sounds like he might be, from working for other people and having a generator on the property that was seized), would make me think that the generator might be what was Lo Jacked. Though why the cops would seize the car in that case stumps me.