Order for Return of Property
Aug 26, 2016OUTCOME: Motion to Return Property GRANTED
Client A had three pounds of marijuana confiscated by the police department after his disgruntled ex-fiancee turned it in after an argument. She filed a police report accusing him of being a drug deale ... r. The case was rejected by the District Attorney's Office. Client A had a valid recommendation to possess 104 ounces per year for his medical condition. A motion was filed to have the property returned as no case was pending and he claimed legal possession under the Compassionate Use Act pursuant to Health and Safety Code 11362.5, et.seq. The City Attorney filed a non-opposition on behalf of the police department, but pursuant to case law (Kha), could not return the property without a court order. The District Attorney opposed but did not file a written opposition. The Court not only returned all of the property to Client A, but reprimanded the District Attorney for not filing any written opposition to the motion, to support their argument that it should not be returned as the statute of limitations for the time to file the felony sales case had not run. This argument held no weight with the court and all property was returned to my client.
