I'd tend to agree with Mr Moore that from the way you describe it, the search at least might be bad, but I also have the feeling there's probably a whole lot more to this that might affect the situation. Some factors might be: Where did this $4k come from? (If from your person or belongings, you're probably the only one with a possible claim, but if from the apartment itself the assumption would be that your girlfriend at least might have a claim on it). Also, did the State file a civil asset forfeiture case? (They'd have to do that in a district court within 30 days of the seizure). It's pretty unlikely they would have even tried to base an asset forfeiture case on 2 oz of weed, though there could be something there with the cocaine. You're only going to be able to get somewhere with a motion to return property if there is no civil or criminal case pending or anticipated where the money might be either seized for forefiture or needed for evidence in the criminal case. You can certainly try, and see what they tell you if they won't release it. I would suggest getting an attorney, though.
You may not need to file a motion. Contact the arresting agency and request a return of your property. Be prepared to provide a certified copy of the dismissal. If this fails, contact a local attorney for assistance.
This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com for my blog on crime and punishment in Texas You may also email me through my site.
Try calling the arresting agency to request your property be returned. Have a certified copy of the dismissal prepared to show them (you can get a certified copy of the dismissal from the District Clerk's Office in the county where the case was filed). If the cops refuse to turn over your property, hire a lawyer to file a motion requesting the same. The Judge will sign an Order that requires them to turn it over. Only caveat is the possibility the cops or DAs will try and have the cash forfeited, but if you haven't been served with a civil petition, they may not be moving forward with that kind of case.
Best of luck.