Legal Question in Criminal Law in California

Can I get something back not listed on...

Therewas a police raid at my home and I was there. The search warrant named my roomate as the reason for the execution of warrant(both our names on lease) a female officer found $845.00 in my pocket I told her it was my rent money she let me hold onto it. As we were leaving another officer saw me holding onto the money and took it from me, they did not list it on the ''receipt and inventory'' of items they took from the house(yet they did the $700 they took from my roomate)They didn't put it on my property at the jail but we both given a pink property receipt that they took the money. I need to pay my rent and they are putting me off about getting the money back at all or until the case is over. Isn't it supposed to be listed on the inventory sheet because it has a property tag #?


Asked on 4/06/03, 4:37 pm

1 Answer from Attorneys
Michael Troy Attorney at Law

Re: Can I get something back not listed on...

Assuming you have listed all the relevant facts, I would contact the "forfeiture" deputy at the district attorney's office. It seems to me that money in your pocket would not be subject to seizure unless you were the subject of the warrant, or suspected in participating in the underlying offenses for which the warrant was issued.

Hopefully, you can identify the officer who took the money and give that name to the D.A. Most D.A. offices have a local form to request the return of property. Ask the forfeiture D.A. how to get your money back.

The D.A. must give you notice if he intends to claim the funds. He must also provide you with a "claim opposing forfeiture" form to contest the forfeiture. You must file this form within 30 days of being notified by the D.A. Be proactive. Call the D.A. and find out what he or she intends and ask them to explain what their reasons are.

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Answered on 4/06/03, 6:30 pm


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