The officer said its released but he will hold it until the end of trial. We needed some of the items for trial as defense evidence. When we went to retrieve the items before trial the police department said they destroyed the items because they were released and not picked up in time(the trial was set for 6 months away). If he swore he would keep them and also it was evidence in the trial even though the warrant was defective. How does this affect my trial do I have grounds for dismissal and can I recover the value of the items destroyed? police misconduct? civil lawsuit?
Including an alleged weapon. The weapon was not illegal to possess it was a household item deemed a weapon
Criminal Defense Attorney
You should discuss all of these issues with your criminal defense lawyer who has all of the information needed to answer your questions.