Nashville Criminal Defense Lawyer | MNPD Property and Evidence After an Arrest
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Property Taken During an Arrest Does Not Always Stay With Police Forever
After a Nashville arrest, police may take personal property for safekeeping, seize items as evidence, or retain property connected to an investigation. The process for getting it back depends on why the item was taken and whether the criminal case or investigation is still active.
Phones, cash, firearms, wallets, bags, vehicles, and other property can raise different issues.
Where Does MNPD Keep Evidence and Property?
The Metropolitan Nashville Police Department has an Evidence Storage Division that maintains property and evidence. MNPD currently lists the Evidence Storage Division at 942 E Trinity Lane in Nashville.
Before making a trip, MNPD recommends calling or emailing to confirm that the division actually has the property and whether a release is required.
What Do I Need to Pick Up My Property?
MNPD states that a person retrieving property should bring photo identification. Some property requires a release from the officer or detective before it can be returned.
Firearms have additional procedures, and MNPD states that an appointment is required to retrieve a firearm with an officer.
What If the Property Is Evidence in My Criminal Case?
Evidence may be retained while it is needed for investigation, prosecution, testing, court, or another authorized purpose. MNPD procedures restrict removal and handling of property categorized as evidence in a criminal prosecution.
If the item is important to the pending case, speak with counsel before taking steps that could affect preservation, testing, or the defense.
Can Someone Else Pick Up My Property?
MNPD states that another person may pick up an owner's property if the owner provides a notarized letter specifically identifying who is authorized to retrieve it.
Confirm the current requirements with the Evidence Storage Division before sending someone.
What If Police Took My Phone?
A phone can be both personal property and potential evidence. Questions about when police can search the phone, how long it can be retained, and when it must be returned can involve Fourth Amendment and evidentiary issues.
Do not confuse the right to seek return of the physical device with the separate legal question of whether police lawfully searched or extracted data from it.
What If Police Took Cash?
Cash can be held as evidence, safekeeping property, or potentially as property connected to a forfeiture theory. The paperwork surrounding the seizure matters.
If there is a forfeiture notice or separate proceeding, deadlines can apply. Do not assume the criminal case itself will automatically resolve the money.
What If Police Took a Firearm?
Firearms are subject to additional return requirements. Eligibility to possess the firearm, the reason it was seized, the criminal charge, bond conditions, orders of protection, and other legal restrictions can all matter.
MNPD maintains separate firearm-return guidance and requires an appointment for firearm pickup.
What Should I Do First?
- Identify exactly what property was taken
- Keep the property or evidence receipt
- Determine whether the item is being held as evidence or for another reason
- Contact MNPD Evidence Storage before traveling there
- Ask whether an officer or detective release is required
- Preserve any forfeiture or seizure paperwork
- Discuss disputed or case-related property with your lawyer
The correct approach depends on the item and the reason police are holding it.
Talk With a Nashville Criminal Defense Lawyer
Kevin Kennedy is a former Davidson County prosecutor who now represents people charged with crimes in Nashville and throughout Middle Tennessee. Kevin Kennedy Law Firm offers a free consultation to discuss a pending criminal case and property seized in connection with it.
Call Kevin Kennedy Law Firm at (615) 205-7311 for a free consultation.