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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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