How Long Police Can Hold Evidence Without Filing Charges? Factors, Laws and Effective Solution

Learn how long police can hold evidence without charges, what laws govern evidence retention, and how digital evidence management systems streamline the process. Understand rights, legal timelines, and how law enforcement handles seized evidence.

Criminal activities worry every society, and the first line of defense against these transgressions is the law enforcement agencies such as the police. Equipped with the mandate to control and investigate wrongdoings, the police need evidence (Physical, Analog, or Digital) to prove the crime in a court of law.

This raises another concern on behalf of the public; for how long the police can hold evidence without charges?

The important practices police must follow while seizing digital evidence primarily comprise of ensuring proper collection of evidence, preventing data manipulation and preserving digital evidence.

Let us look at how long can police hold evidence without charges, and some of the reasons why such agencies seize evidence.

Common Conditions for Police to Hold Evidence Without Charges

Law enforcement agencies may seize and retain evidence for various reasons. Below are some common conditions under which police can hold evidence without charges.

1. Safe Keeping

Whenever an individual is under arrest, the police may hold evidence without charges for safekeeping to prevent loss, theft, or damage. This can occur in situations such as: traffic arrests, house arrests, private persons' arrest, etc. 

Let’s say the police take you and your vehicle into custody for a traffic violation, they may hold your mobile phone, laptop, and even the recordings of your dashcams in their possession to ensure their security and prevent any potential tampering. Once the inquiry is complete, these items are returned.

2. Forfeiture

Forfeiture occurs when a person or their possessions are linked to a crime, either by facilitating it or being acquired through illegal means.

According to the Comprehensive Crime Control Act of 1984, in such a situation, the evidence is seized, held, and disposed of if the connection has been established with the crime. The proceeds of the disposed of property are gathered in the Asset Forfeiture Fund.

To read more about Asset Disposal and its usage, visit: Asset Forfeiture Fund.

3. Contraband

Certain items are considered illegal by default, meaning the police can seize and hold them permanently without needing a direct link to a crime.

For example, if the police find that your electronic devices, such as laptops, CCTVs, mobile phones, or any other digital possessions, are illegally obtained, smuggled, or used in a major crime, they can be seized indefinitely unless proven otherwise.

4. Physical and Digital Evidence

In criminal investigations, police can hold digital and physical evidence without charges if it is necessary for proving a case in court. Law enforcement agencies must retain this evidence until:

• The case is resolved
• The statute of limitations expires

For example, if an ongoing investigation requires access to CCTV footage, dashcam recordings, smartphone data, or other digital evidence, law enforcement will hold onto these items until they are no longer needed for legal proceedings.

Laws for Holding Evidence Without Charges

So, how long can police hold evidence without charges being pressed on them? There are some time limitations for detaining the evidence, even without charges.

According to US federal law under Section 3282 Code 18, the applicable statute of limitations for most crimes is 5 years. Some crimes have statute of limitations exceeding 5 years, some of which are as follows:

• 6-Years for Evading federal income taxes.

• 6-Years for not filing tax returns with the IRS.

• 7-Years for fraud exceeding $1 million, which involves the federal govt.

• 10 years for Arson, embezzling money from federal accounts and using fake citizenship documents.

But there are some exceptions regarding heinous crimes, primarily those of a profoundly serious nature, such as murder or sexual assault charges for which there is no statute of limitations.

The laws regarding how long police can hold evidence without charges vary across all 50 U.S. states. You can find a state-by-state breakdown here:: State Statute of Limitations 

How to Optimize the Investigation Process

But now there is a question!!

How long can police hold evidence without charges, and is there a way to speed up the process of evidence collection, storage, investigation, and analysis? More importantly, can law enforcement return evidence to the accused more efficiently, especially when dealing with digital evidence?

To answer this, we would first understand the problems faced by police and other law enforcement agencies in handling such evidence.

With digital evidence now featuring in around 90% of criminal cases, the need for efficient evidence management has never been greater. According to a research report sponsored by National Institute of Justice (NIJ), the following are the major problems that are faced by LEAs:

• Securing digital evidence while preserving the chain of custody to maintain admissibility in court.

• Extracting and analyzing digital evidence while ensuring compliance with legal requirements and using up-to-date forensic tools.

• Lack of tools to process and present large, complex data sets in a way that is useful for investigations and legal proceedings.

• Storage challenges, as vast amounts of digital evidence must be organized, archived, and retrieved efficiently.

Given that most police investigations now involve some form of digital evidence, optimizing these processes is critical for ensuring timely case resolutions and reducing evidence hold times.

Tools for Effective Evidence Management 

To solve these challenges, law enforcement agencies (LEAs) need a Digital Evidence Management System specifically designed to address public safety and investigative needs.

A Digital Evidence Management System (DEMS) enables police to hold, process, and manage evidence efficiently, ensuring that all digital assets remain secure while maintaining a proper chain of custody. This system helps streamline the ingestion, storage, security, and retrieval of evidence, ultimately reducing delays in investigations and ensuring compliance with legal standards.

Data Ingestion and Upload 

The ideal evidence management solution allows ingesting and uploading of data from diverse sources such as mobile phones, laptops, CCTV, body-worn cams, dashcams, drones and many more.

A centralized mechanism simplifies the evidence collection process and minimizes the risk of data loss or tampering, helping police hold evidence without charges for the necessary duration while ensuring proper legal handling.

Digital Evidence Storage

Once the data has been uploaded, another challenge is its storage. Law enforcement agencies (LEA) do not have a proper storage infrastructure to store large data sets. To cater to this need, the digital evidence management system can store data on cloud storage, such as those provided by Microsoft Azure or AWS, and on-premises.

Digital Evidence Security

Ensuring security is one of the biggest concerns when police hold digital evidence without charges for extended periods. A Digital Evidence Management System helps mitigate these risks through:

• End-to-end encryption to prevent unauthorized access.
• Password protection and user authentication to restrict access.
• Granular access control, ensuring only authorized personnel can view, edit, or process the evidence. 
• Chain of custody tracking, making evidence admissible in court by proving it has not been altered or compromised.

Archiving Data

The ability to efficiently archive digital evidence is critical in long-term investigations. A Digital Evidence Management System enables law enforcement agencies to:

• Archive and retrieve evidence instantly through an AI-powered search feature.
• Use metadata tagging to improve evidence organization and accessibility.
• Ensure compliance with statute of limitation laws, enabling agencies to hold evidence for as long as legally required before either producing it in court or returning it to its rightful owner.

Evidence Purging

Another key feature that good digital evidence management software offers is purging evidence. Purging is the process of permanently deleting the evidence from the entire database to secure sensitive information.

Digital Evidence Management Systems offer LEAs to manually purge the data or set a time limit to delete the specified evidence from the entire database permanently.

How VIDIZMO Digital Evidence Management System Helps Police Hold Evidence Without Charges

VIDIZMO Digital Evidence Management System is a comprehensive software used by some of the largest law enforcement agencies, government bodies, and public safety organizations to efficiently manage digital evidence while ensuring legal compliance.

With VIDIZMO DEMS, police can ingest, store, secure, process, and share digital evidence while maintaining a clear chain of custody. This ensures that law enforcement can hold evidence without charges for the legally required duration while keeping it organized and accessible for investigations.

To learn more, visit Digital Evidence Management System: An Ultimate Guide.

Conclusion: How Long Can Police Hold Evidence Without Charges and How to Optimize It

Evidence plays a crucial role in solving crimes, but managing it efficiently—from collection to storage, security, and disclosure—can be a complex and time-consuming process. If handled using traditional methods, law enforcement agencies may struggle with delays in investigations, increasing the time police hold evidence without charges.

To overcome these challenges, a modern Digital Evidence Management System (DEMS) is essential. VIDIZMO DEMS provides a state-of-the-art solution that enables law enforcement to securely store, process, and manage evidence, ensuring compliance while minimizing evidence retention time.

Try VIDIZMO DEMS today by requesting a free trial!

People Also Ask

How long can police hold evidence without charges being filed?

The duration for which police can retain evidence without filing charges varies based on the nature of the alleged crime and jurisdictional statutes. Generally, evidence can be held as long as it's necessary for investigative purposes or until the statute of limitations expires.

Can police keep my phone as evidence without charging me?

Yes, law enforcement can retain personal property, such as your phone, if they believe it's pertinent to an investigation, even if no charges have been filed against you. The retention period depends on the evidentiary value and the time required to conclude the investigation. If you believe your property is being held unjustly, consult with a legal professional to understand your rights and potential actions.

How can I retrieve my belongings from the police after they've been seized as evidence?

To recover possessions seized by the police, you typically need to contact the law enforcement agency holding your items and request their return. The process may involve providing identification, proof of ownership, and possibly a court order, especially if the items were integral to a criminal investigation.

What happens to digital evidence after a case is closed?

Post-case closure, digital evidence is usually retained for a specified period, as dictated by jurisdictional policies and the nature of the case. Some evidence may be archived for potential future reference, while others might be purged following data retention policies.