What to do if…
an authority demands you hand over property and you disagree with the request

What to do now

1. Reach the safest available pause.
   Keep your movements calm. Do not physically interfere. If you need to reach for identification, paperwork, or your phone, say what you are doing first.

2. Ask who is making the demand.
   Ask for the agency or office name, the person’s name, any badge or ID number, and any case, incident, or reference number.

3. Ask which basis they are using.
   Ask: “Is this a voluntary request, or are you requiring it under a warrant, subpoena, court order, written facility rule, or another authority?”
   Ask for a copy of any paperwork. A subpoena or other paper may direct production at a stated time or place. Do not assume that it requires an immediate handover. Ask for legal advice promptly.

4. State your position once, without escalating.
   Say: “I do not consent to a voluntary handover or any broader search or access. I will not physically interfere. Please give me a copy of the paperwork and an itemized receipt or inventory.”

5. Ask for a record of what is taken.
   Ask for an itemized receipt or inventory. Ask whether it can include the item description, any visible serial number or device identifier, the date and time, the name of the person taking it, and where it will be held. If details are missing, write down what you can as soon as it is safe.

6. If a federal search warrant is being executed, ask for the warrant and receipt.
   Federal Rule of Criminal Procedure 41 generally requires the executing officer to give or leave a copy of the warrant and a receipt for property taken. State, local, administrative, and facility procedures can differ, so still ask for copies and make your own notes.

7. If the property is a phone, computer, or other digital device, keep the issue narrow.
   Do not wipe, delete, reset, or alter anything. If you are asked to unlock the device or provide a password or PIN, say: “I want to speak with a lawyer before answering that request.”

8. If you are questioned about suspected wrongdoing while in custody, be clear.
   Say: “I want a lawyer. I want to remain silent.” Then stop answering investigative questions.

9. If you are in a jail, prison, or detention facility, ask for the written property route.
   Ask for the property inventory or confiscation form and ask how to raise a written grievance or administrative remedy. In a federal Bureau of Prisons facility, policy provides that personal property confiscated by staff as contraband is inventoried and that the inmate receives a copy as soon as practicable. Other facilities may use different forms and procedures.

10. If you receive a forfeiture notice, treat it as time-sensitive.
    Save the notice, note the deadline written on it, keep the envelope or delivery record, and get the notice to a lawyer promptly. Do not rely on memory about the deadline.

11. Ask a lawyer about the next route.
    The correct next step depends on the authority, the paperwork, the setting, and whether the matter is state or federal. In some federal matters, a lawyer may consider a motion for return of property under Rule 41(g).