I was arrested for public intoxication, and had a folding knife. The knife was taken. I was told the it will not be returned as it had been ...

Question

I was arrested for public intoxication, and had a folding knife. The knife was taken. I was told the it will not be returned as it had been "destroyed." Is this legal? My property can be taken and destroyed?

Answer

The knife may be retained by the local prosecutor's office as evidence in a pending case for purposes of prosecuting such case but then should

be returned to the owner after the case has been concluded and there is no

longer any reason for the prosecutor to continue holding on to it.

And, no, the explanation that the property has been allegedly destroyed

should not normally be acceptable where the property cannot be returned.

to its rightful owner.