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The school campus police confiscated my backpack after I got arrested. My criminal court case got dismissed. How do I get it bac

San Francisco, CA |

The school campus police confiscated my backpack after I got arrested. My criminal court case got dismissed. How do I recover my confiscated backpack? Do I just walk into the police station and show my court dismissal form or what?

Attorney Answers 6


  1. That would certainly seem the best place to start. Unless there is a reason to hold your item, it should be returned.

    The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.


  2. You can try that and if it does not work, you can talk to your attorney and file a motion for the return of property under Penal Code section 1538.5.


  3. Definitely try that approach . If that does not work you wil have to file a motion for return of property .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY


  4. A motion under Penal Code 1538.5 will get you an order. From the court to get your property back if they won't just release it.

    But - procedurally... When you say case dismissed, do you mean it was filed, but later dismissed? If so, and if your case was a misdemeanor, it's over and you should be able to get your property back. If it was a felony, you have to be sure the case is over and is not going to be refiled.

    If the case was just never filed, you have to be sure that it will never be filed or that it is not still under investigation.

    Talk to your lawyer about the specifics and to assist with the 1538.5 motion if necessary.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  5. I agree with my colleagues. Start by just asking for it. if they say no, politely ask for a reason. If they give you one, write it down. If they refuse, don't argue with them. Go to your attorney or hire a new one if your old attorney no longer represents you. Talk to your attorney about filing a 1538.5 motion to recover the backpack.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.


  6. Your bag is stored in the property room of the SFPD. In general, the police will not return your property based on your word to them. You must have authorization from the instigating officer or a court order for the return of property. You do not have to follow the 1538.5 procedure.

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