Legal Question in Criminal Law in Minnesota

Seized property during drug bust

During a drug bust at my sister's home, the police seized my vehicle, laptop computer and many other personal belongings. They did have a search warrant for premises, vehicle and any other item they believed to be used in conjuction with manufacturing of an illegal substance. I was arrested and released 2 days later and have not been formally charged with anything. My question is how can I re-obtain my vehicle and other personal property, and how can I find out if they are going to charge me with commiting a crime?


Asked on 12/31/03, 3:45 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Seized property during drug bust

Given that you could be charged with a crime relating to these events, you would be wise to consult a criminal defense lawyer before doing anything else on it. It is normal for people arrested in drug busts to be arrested on "probable cause - narcotics" or the like, then be released prior to the deadline for charging or release. The criminal complaint often takes months.

As for personal property seized, if no forfeiture notices have been issued, immediate action is not required. If police have reason to believe the property could be evidence relating to a crime, they can hold it pending investigation, and resolution of any criminal charges. If police know a person has a concern about personal property, they may try to exploit that knowledge and use it to get the person to talk, and-or to manipulate them. Best to avoid all personal contact with police, and use a lawyer to make any such contact for you.

The best way to find out if they are going to charge you with a crime is to wait and see. Generally in state drug cases, it takes between one and six months before the defendant will be charged by complaint, though rarely it may be sooner or later than that.

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Answered on 12/31/03, 4:19 pm


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