How do I get personal property back after it was seized but my case was dismissed?

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How do I get personal property back after it was seized but my case was dismissed?

I had my car searched and was charged with possession of burglary tools after going to pick up my boyfriend one night, who unbeknownst to me was already in the back of of a cop car for unrelated charges. The case was dismissed/dropped and now the detective is telling me items taken from my car can’t be returned because it is evidence I my boyfriends case.. is that legal?

Asked on July 5, 2016 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the burglary tools were your boyfriend's, you really shouldn't want them back because then you risk a subsequent arrest for the same or similar charges.  If the officers believe these items are contraband, you really don't need to risk it.  If there are items that are not contraband and are not evidence, then you do have a right to have those items returned.  If they refuse to return those items, then you can file a complaint with the agency or file a suit to force the return of those items.


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