How long can the police hold on to your property acquired from a search order after the case has been dismissed?

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How long can the police hold on to your property acquired from a search order after the case has been dismissed?

The police executed a search warrant on my property after I was arrested. They took several computers and other things, the case has been dismissed and they refuse to give back my property. How long can they hold on to my property?

Asked on August 26, 2011 Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Now you need to pressure the police into giving back your material. Talk to the prosecutor. If the case has been dismissed by the court with prejudice, that means they cannot charge you with it again. However, if the case was dismissed without prejudice, the prosecutor may just be working on bringing other charges against you or even reviewing the evidence taken from your home. At this point, if you had counsel who represented you during the charges and initial hearings, you should contact your counsel to pressure the prosecutor into getting you back your equipment.


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