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Posted Aug 26th, 2011
Can law enforcement officers seize legally prescribed medications when no charges are filed?

Additional Details:
In a case of an overdose, can law enforcement officers seize all the legally prescribed medications
of the person who overdosed? The person was transported to a mental health crisis facility and when
discharged was told that the police did not include her prescribed medications with her personal
property. The patient saw the police take possession of all her prescribed medicines and watched
them count the pills. No charges were filed against her and no record was given her that the police
department had possession of her medications.
Legal Topic Area: Drug Crimes in FL

Hello,

If no charges were filed, than the medications should not be held by law enforcement. You may wish to call the sheriff's office or police department and request they be returned. If that does not work you may be able to get the Courts involved.

However, if the law enforcement officers/prosecutors are still considering filing charges than the medications could be legally held as evidence until or unless the Court agrees to return them.

Daniel M. Cavanaugh

2500 Tamiami Trail, N., Ste. 218

Naples, Florida 34103

2231 First Street

Fort Myers. Florida 901

www.ckcattorneys.com


Answered on Aug 29th, 2011 at 2:06pm