WILLIAMSPORT-A two-month delay in returning a vehicle seized as part of a Williamsport police investigation has resulted in a civil rights lawsuit against the city, mayor, chief and captain.
The complaint filed Tuesday in U.S. Middle District Court by Farrah Kelly of Williamsport deals with a specific incident, but the issues may not be isolated.
Lycoming County chief public defender Nicole Spring said she has a file of complaints from people who have not timely received back items seized by city police and the county’s Narcotic Enforcement Unit (NEU). She cited examples of cellphones and IDs not being returned until return of property forms were filed in court.
A search warrant expires in 48 hours and unless the seized items are evidence, law enforcement has no right to hold them longer, said Michael Zicolello who represents Kelly.
After Kelly’s SUV was seized April 5, city Officer Christopher Salisbury obtained a warrant to search it for weapons and clothing suspecting they might be linked to a shooting, Zicolello said.
Nothing was found and Kelly was not charged, he said. He believes the same is true about her son who uses the vehicle, he said.
Almost immediately after the SUV was seized, Kelly, according to court documents, began leaving messages for Chief Justin Snyder and Capt. Joshua Bell asking that someone call her.
It was not until after she contacted the office of Mayor Derek Slaughter did Bell call her, the complaint states.
Bell refused to give her any information about the SUV but told her he would be getting more search warrants, the document claims. No more search warrants were obtained, the suit states.
Subsequent calls to Bell and Snyder were not returned, a spokesperson in the mayor’s office said it could do nothing as did someone the district attorney’s office, Kelly said.
After he got involved, Zicolello said he hand-delivered to the city police administration office a letter requesting Kelly’s vehicle be returned within two days. There was no response, he said.
On May 13, a motion for return of property was filed in county court and a hearing was scheduled for June 6. The SUV was returned June 2 without explanation, the suit states.
District Attorney Ryan C. Gardner, whose office supervises the NEU, said most of the complaints he gets are from owners upset upon learning they must pay towing and storage fees.
Cell phones are wiped clean if they are court ordered to be returned to someone convicted, he said.
The thrust of the federal suit is that Kelly’s rights were violated by police keeping her SUV without a legal reason for two months.
The complaint alleges city police do not have a policy for the return of seized vehicles nor does it provide direction to officers on how to handle those situations.
There was no response to a request to the mayor and top police officials for a comment on the allegations.
The suit seeks unspecified compensatory and punitive damages.
READ MORE:
Dauphin County man settles lawsuit against Williamsport cop for $50K
Ad Choices