Legal Question in Criminal Law in California

how to get back confiscated merchandise

Police have confiscated merchandise that are legally my own during the execution of a Search warrrant for ''recieving stolen merchandise''! I do believe in having to be answerable for anything illegal I might have done. But I do not believe or support the Police taking my personal things (100 items in total) and because they did not find any of the items on the original search warrant! Suddenly deciding my personal items are now stolen items! I repeat: They did not find anything that was listed on there warrant (because I wasnt doing what they said I was!)If the stuff was stolen and I recieved it? Well then OKAY!

THANK YOU! This is not the case though and THESE were truly my personal belongings.

1)So I should brandish the reciepts for the items they took and have them ready to present to my lawyer?

2)How do I get them back if I am able to prove I have the reciepts?

3)Whats the court document I need to present to the Judge?

4)What about my wallet and my drivers license and credit cards etc? why do they get to keep all those things?

--Innocent until proven guilty? correct?

--Finnaly- if they took items and did not list them on the inventory sheet and I can prove it? What are my options and rights then? Thank You!


Asked on 7/07/06, 3:55 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: how to get back confiscated merchandise

This sounds like the same question of a week ago, with the same answer: get an experienced attorney to do the appropriate supression motions and preliminary hearings to try to keep out the evidence at trial. Telling you that what they did was 'bad' does nothing for you. The process and procedures are available if you know how and when to use them, and can do a proper job of pleadings and conducting the hearings. If you are in SoCal and want to do it right, feel free to contact me.

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Answered on 7/07/06, 2:39 pm


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