Legal Question in Real Estate Law in California
the police executed a search warrant at my residence for items stolen from my life partners employer. the police released thousands of dollars of items that were not stolen along with items that were stolen. the police department says that it is up to us to prove these items belonged to us and not the person they were released to. my position is that since they were in my home wouldn't the burden of proof as to ownership be on him and not on me
2 Answers from Attorneys
This isn't a real estate question. This is a special area of law governing criminal forfeiture of personal property. You need to resubmit this question in the category for criminal law where lawyers who specialize in this area can assist you.
I agree that this question should be asked under a criminal law category to get it in front of the right group of LawGuru attorneys. I'm not so sure that "criminal forfeiture" would be the right subtopic, however. If you want to do a little background research yourself, look up the California Penal Code and read sections 1407 to 1413 dealing with disposal of stolen property. The sections following 1413 might also be applicable. But do re-ask your question.
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