Is there any type of motions we can file to the court requsting the property back or any other legal ways we can get our stuff back?
2007-03-17 17:58:54 · 4 answers · asked by Jane C 1 in Politics & Government ➔ Law Enforcement & Police
File a "Writ of Habeas Corpus/Unlawfull Search and Seizure"
See: U.S. v. Weidul, 325 F.3d 50, 52 n.1 (1st Cir.2003):
"subjective expectation of privacy in home of suspects girlfriend because suspect was staying or living with her. see also: In the Georgetown Law Journals 34th Annual Review of Criminal Procedure which is cited in the following manner
34 Geo. L.J. Ann. Rev. Crim. Proc. 9 (2005):
"The Fourth Amendment also protects against unreasonable government seizures of persons and property."
GOD BLESS/GOOD LUCK!!
2007-03-17 18:44:05 · answer #1 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
Yes. It's called a Motion in Replevin.
That's an old legal term asking for the return of property.
It may be an obsolete term in your state, in which case you would just entitle it "Motion for Return of Property".
As with any legal motion, you're going to need to back up your request and your arguments with legal citations and legal precedent supporting your claim. Which means consulting an attorney.
2007-03-17 18:02:59 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
Depends on why the items were taken. If the items were taken as evidence, you should get them back when the case is resolved. If the items were seized because they were involved in a crime, consider them gone. Or hire an attorney and see if they can get the items back for you. All depends on the items and the circumstances for the seizures.
2007-03-17 18:55:18 · answer #3 · answered by W50 2 · 0⤊ 0⤋
If the property is evidence, you can not get it back till the case is over and every appeal possible has been filed.
2007-03-18 06:59:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋