Legal Question in Civil Rights Law in New Mexico
return of property confiscated via illegal search & seizure
What is the proper procedure to initiate the return of 'confiscated' personal property incident to a warrantless search & seizure, conducted absent any witnessess or representatives of the property owner?
All inquiries, thus far have been met with responses citing no knowlege, or record, of such an occurrence, therefore an inventory list does not exist, either.
Two separate neighbors were eye-witnesses to the event.
Asked on 3/21/06, 5:45 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: return of property confiscated via illegal search & seizure
A civil lawsuit against the agency for return of items wrongfully taken and held is the only remedy if they will not otherwise cooperate.
Answered on 3/21/06, 10:25 am
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