My dashcam was gone when my wrecked car reached the tow yard: could the police have taken it, and how do I find out?

Attorney Answer

Possibly. The police can take property from a car only in limited situations, and when they do, there should be a record of it. So the first step is to ask the police agency that handled the crash whether it took the device and how that was recorded. If it did, have a criminal defense lawyer make the request to get it back, because taking a camera after a crash can mean the police want what it recorded. If it did not, the device went missing while the tow company had the car, and the tow company may have to account for it.

When the police can take it. A search warrant can authorize seizing property that is evidence of an offense, under Criminal Procedure Law § 690.10. Without a warrant, the police need an exception — consent, for example, or an inventory of a car they have impounded. An inventory is valid only if it follows a standardized police procedure, and it is supposed to produce a list; the Court of Appeals described its purposes as including protecting the owner's property and protecting the police against claims of lost property in People v. Johnson, 1 N.Y.3d 252 (2003). That is why asking for the inventory or property record is the right first question. Even when the police lawfully hold a device, they generally need a warrant to search its digital contents, under the rule the Supreme Court announced for cell phones in Riley v. California, 573 U.S. 373 (2014).

Getting it back. Ask the agency that handled the crash how it handles property it holds. In New York City, property taken by the police goes to the police property clerk under New York City Administrative Code § 14-140(b). If the device is being held as evidence, getting it back may have to wait for that to end, and a lawyer is the right person to ask.

If the tow company had it. A business holding someone else's property must give it back or explain what happened to it. When property delivered to a warehouse was not returned, the Court of Appeals held in I.C.C. Metals v. Municipal Warehouse Co., 50 N.Y.2d 657 (1980) that the warehouse had to come forward with an explanation for the loss. A business can meet that: in Pavesi v. Carollo, 105 A.D.2d 832 (2d Dep't 1984), a repair shop showed the customer's car had been taken in a burglary, and the owner lost. So a tow company may have to account for what it held, but it can answer.

What you can do

1. Call the police agency that responded to the crash and ask whether it took the device, and for a copy of any property or inventory record.

2. If it did, talk to a criminal defense lawyer before you ask for it back or answer questions about the crash.

3. If it did not, write to the tow company, asking it to account for the device, and report it stolen to the police.

4. Keep your receipt, the device's serial number and any photos of it in the car.

⏱ Time limits apply. Ask now: property records, tow-yard records and camera footage are easiest to trace early. A claim against the tow company for the device generally has three years under CPLR 214.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.