I had property seized in a search warrant but no charges have been filed

Asked about 2 years ago - Nicholasville, KY

i had property seized in a search warrant but no charges have been filed is it possible for me to get my stuff back

Attorney answers (3)

  1. Frank Mascagni III

    Contributor Level 20

    Answered . ,You need to contact a competent criminal defense attorney in your area to help. If you have not been charged with a crime, generally you can request that your property be returned. There may be others involved and law enforcement may have an ongoing investigation. Your attorney can contact the officer and the prosecutor on your behalf to make arrangements for the return of your items, unless being held for some evidence value.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. John Wesley Hall Jr.

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Mr. Mascagni is correct: You can't get it back as long as some police agency can come up with any plausible excuse why they might still need it. If it was property that adds nothing to the offense under investigation, and police are well known to seize things they have no business seizing, then you are more likely to get it back. Contact a lawyer.

  3. Haytham Faraj

    Pro

    Contributor Level 12

    Answered . The simple answer to your question is yes. You probable will not be successful for sometime however. You need to hire a lawyer and have the lawyer speak to the Law enforcement agency that seized your stuff. Even if they don't file charges they may seek a civil forfeitures under federal or state statutes (you did not tell us who seized your stuff). Generally speaking law enforcement has been granted up to two years before courts have found the seizure an unlawful taking. These are complex issues that will require the help of an attorney.

    You also have to evaluate whether the value of the property stolen from you by your own government is worth the fight.

    I feel bad for you. I represent a lot of people in your situation who get their property taken away and never get it back. Suing is expensive and so many abandon their property.

    This is not legal advice. This is merely a recommendation on how to get what you need from the Court.

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