Does the state have any obligation to allow a prisoner to protect their possessions?
Or does a landlord hit a windfall if there are any valuable items after eviction?
Or does the state any seize possessions?
There’s usually a period of time between sentencing and when the prisoner actually has to report to jail to start serving it. Assuming they were able to secure bail after being arrested, they can use this time to “get their affairs in order” and do whatever they need to do - whether that means transferring possession to friends/relatives, selling, or otherwise disposing of belongings, aside from that which they can carry on their person (and thus have set aside when they check in to jail and later recoup when and if they get out).
If you’re rich and convicted of a white-collar crime, this grace period can be quite generous: e.g. Blagojevich got a full 3 months+ before he has to start serving his sentence.
If they’re destitute and never managed to secure bail in the first place, though they probably didn’t have much stuff to begin with, then I don’t think there’s too much they can do about it.
A convicted prison is responsible for his own possessions.
Presumably they have friends or relatives who can retrieve them, and store them somewhere. Many prisoners were living with a partner; if that partner stays in the apartment, they can keep his possessions until he gets out.
If nobody gets them, they would be considered legally abandoned property. Then the landlord could dispose of them. Or sell them, and apply the money toward any back-due rent, and give any remaining money to the prisoner.
In many cases, they don’t have much valuable property, and they do have much past-due rent. So it’s usually a net loss, not a windfall for the landlord. If their sentence included fines, the State could file court documents to try to claim that property, sell it, and apply the profits toward their fines. The state usually doesn’t do this – generally not worthwhile.
Presumably, victims of this prisoner could file a Civil lawsuit for their damages, and if they win, seize the property to cover those damages. But again, they too would have to find it & sell it and hope to make a profit. Plus the delay – likely to be many months before their Civil suit comes to trial. Storage costs are adding up while the value of the property is probably going down.
In most cases, friends or relatives of the prisoner take care of it.
Watch storage wars.
I would have to think some units could belong to someone in the klink, and its probably a unit others don’t know of.
The state doesn’t acquire the power to expropriate property just because someone’s been convicted of an offence. the only way the state can acquire it is by some sort of a court order. For instance, if the “stuff” is alleged to be proceeds of crime, that might be one basis for a court order of forfeiture.
Related question: suppose you are extradited to some other state or foreign country and tried for some crime, but acquitted. Do they just say “bye” or do they have some obligation to getting you back to your original location?
This is one of those ridiculous things I worry about…
In New Jersey, they make you take off your shirt and pants, remove your shoelaces, give them your wallet and, when you’re released., they give you one of your shoelaces, lose your shirt, give you your wallet with no cash left in it, and tell you to shut your mouth. Thanks, West New York PD.
Of course, all of these confiscations are to make sure that you don’t hang yourself in the jail cell because you feel so horrible about a parking offense.
Griping aside, they are required to maintain a defendant/convict’s personal effects in a reasonable manner (usually in plastic bags), but that is limited to what is on your person at the time of detainment/arrest/incarceration. Anything that is evidence or potentially dangerous (like the asbestos-covered handgun you were hiding your needles in that was dropped into a pool of sewage) will be destroyed. If the property was used in commission of a crime, it can be seized (if it meets certain criteria), forfeited, and auctioned off or destroyed.
This would depend on the state. In Calif I had a friend who had his tenant arrested on a drug charge. The police busted down the door to take him away. His tenant was behind in the rent to begin with. While the guy sat in jail it took my friend 90 days to get an eviction notice served. At that time he went emptied ut the house. He has to store his tenants stuff for 12 months before it can be considered abandoned.
Now my son is a locksmith and has unlocked some doors for evictions. The landlord is required to remove the tenants property and neatly stack it on the sidewalk in front of the property. Almost the end of his responsibility. After everyone has picked the stuff over and remove the good stuff the landlord will get a notice from the city to clean up in front of his property.