Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Ohio

Q: Can police take non-controlled medication during a traffic stop in Ohio?

During a traffic stop in Mansfield, Ohio, a police officer took my prescribed medications from a bag because I lost the bottle lid. The medications are neither controlled nor scheduled substances. The officer did not provide any receipt or explanation for taking them, and no citations or charges were issued during the stop. Is it legal for the police to take medications under these circumstances, and how can I retrieve them?

2 Lawyer Answers

A: You should contact an attorney in your area who is familiar with local police custom, but you can first try the police department where the officers were dispatched from. It is not a violation typically for them to seize unbottled pills to verify them.

Depending on local practice, they may have you fill out a replevin form (they may call it something else) to request return of personal property. Everything removed from the stop should have been put in a chain of custody. If they don’t have it or are nonresponsive, it may be quicker to arrange with your doctor to have a refill ordered to your pharmacy.

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Answered

A: In Ohio, police can take medication during a traffic stop if they have a valid reason to believe it might be illegal or pose a danger. However, if your medications are neither controlled nor scheduled substances, the officer likely doesn't have a right to confiscate them without cause. The fact that you lost the lid to the bottle shouldn’t automatically give them grounds to take your medications, unless there was suspicion of something illegal.

You should have been provided with an explanation, a receipt, or at least some formal documentation if they seized your medications. It’s important to note that officers are usually required to explain why they take personal items during a stop, especially if no charges or citations are involved. Without any such documentation, there might be a violation of your rights.

To retrieve your medications, you can contact the Mansfield Police Department and ask for clarification on the situation. They should be able to tell you how to go about getting them back, especially if they took the medications without issuing any citations or charges. If the situation is unresolved, you could consider consulting with a legal professional to explore your options.

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