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Is property seized in a drug raid returned if person found innocent?
Wiki User
∙ 15y ago
Depends on what it is :)
Wiki User
∙ 15y ago
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When will property obtained in a search warrant be Returned?
If the property that was seized is NOT 'proceeds of crime' or 'contraband' but is being used as evidence in a criminal proceeding, it will be returned when the final appeals for the criminal case have been exhausted.If the seized property IS 'proceeds' or 'contraband" it will not be returned to you.
Who does property that has been seized belong to?
The question doesn't include enough information. "Seized" by who (what agency) for what reason (evidence - forfeiture - safekeeping - etc) ? If it was seized as contraband and seized for forfeiture it will become the property of whatever agency that seized it. If it was seized as evidence of a crime, it will be returned to the victim/complainant after the trial is over.
If property has been seized before filing bankruptcy does stay apply to said property?
It depends on the nature of the seizure. A repossessed vehicle has to be returned i it has not been auction to a 3d party. If money was seized by a tax agency, maybe.
Why can you repo a car but not plumbing?
A car is "moveable" property which can be seized and returned to the lender.. Once plumbing is installed it is "fixed" property and although it cannot be repossessed and removed, a lien can be filed against the property owner in whose building it is installed.
What types of property cannot be seized in a property seizure?
There are several types of property that cannot be seized in a property seizure. This type of property includes clothing, bedding, food, medicine and kitchen items.
What does lawfully seized and possessed of said land in fee simple mean?
The term "seized and possessed" most often appears in wills in which land and/or property are inherited from one person to another. I means that one legally acquired and owns said land and/or property.
Search warrants can you get the property taken back?
The circumstances can vary widely and there is no general answer to this question because it can depend on many factors. The very fact that the property was seized in the first place makes one suspect that it might not be returned. If the property was "fruits of a crime" or illegal contraband of some type, definitely not. Other than that, identifiable personal property, actually owned by the defendant or the occupant of the searched premises, if it has no value to the prosecution, can probably be returned.
What is a sheriffs lien?
A sheriffs lien occurs when a person gets in debt and their property or assets are seized. They are then sold by the sheriffs department to repay the debt.
Who do you contact about evidence that was presented in a court against you if the clerk's office does not have it and the case is over with no appeals pending?
try contacting the agency who seized the evidence, usually whoever arrested you.Added: The Court Clerk's Office only retains possession of the evidentiary property while the trial is in progress. After the trial is completed it is returned to the agency which seized it in the first place. Contact the Property Division of the law enforcement agency which seized it.You can probably disregard trying to contact the original officer involved as they are unlikely to have it. Once it is turned over to the Property Division for safe-keeping, his/her "chain-of-custody" ends, and it becomes the responsibility of the Property Division to maintain custody and control of it.
How do you recover personal property that has been seized in an arrest but the person was never arraigned in a California court?
You should contact the police department that made the arrest and inquire there.
Can widow's personal property be seized by heirs of her husband?
No. A widow's personal property is not part of her husband's estate.
Are property auctions performed by the police department?
Some property auctions may be conducted by the police department, but only if the property were seized by that agency as lost, found, forfeited, or seized. You would have to check with the individual agency.Added: "Property" as used in this context does NOT refer to real property but to other moveable items and articles.
