Legal Question in Criminal Law in California

on april 1 of 2008 i was given a search warrent by A T F i dint see the warent till they were done searching my home the warrant only said search for guns they also toock knifes baton shuriken 5 piont star 8 guns 1 shotgun 2 rifle black poweder 1 22 rifle 1 revoler 1 broken gun 1 brass knukles a holster misc ammo 14 magazine a 1918 tranch knife side handle baton 2 colaspole steal baton 1 belt buckle shuriken they never filed and now they said that theyb will give me back some of the stuff and are going to destroyd the rest becasue they are elegale to have but i purches them in a store the search warrant only says gun not knife or starts it been over a year and they havent filed what form do i need to stop them from destroyuing then and to get them back they were call by some one saying i was making guns my x girlfriend that is my son mom left the state of calf i hierd a privet investagetor to find her and i did and the fallowing week A T F was at my home with children servise i just want to get back my thinks and my friends thinks and my dads what right do i have and wath form do i used thank you vincenzo


Asked on 8/02/09, 5:39 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

A search warrant implies you were going to be arrested and charged with one or more crimes. If they haven't brought criminal charges after more than a year, they may not, but there is still time for them to do so. Your attorney could bring an application for return of the 'improperly seized' property, but the cost of doing so has to be weighed against the actual value of the items sought. If any are illegal to possess, you are not going to get them back. If you're not willing to hire an attorney, then put your request in writing to ATF and request explanation and legal justification by them of which items they refuse to return. If you're serious about hiring counsel to do this, feel free to contact me.

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Answered on 8/03/09, 2:09 pm


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