Can I get back seized evidence if it doesnt apply to the arrest?
I got arrested for intent to distribute marijuana, upon the arrest they took everything I had on me. Everything in my car was given back. I had my wallet, my iPod, and my phone on my actual persons. I can understand the wallet (money) and phone (want to see who i sold to) but I don’t understand why they would take my iPod. Its a very sentimental item to me, I have pictures galore, tons of music, hundreds of paid apps, etc. It was a gift from my mother and I’m wondering if and how I can go about getting it back or if I should wait for court. I’m freaking out because my iPod is part of my life. If you had the app Words with Friends I’m sure you can understand where I’m coming from.
P.s.- Please don’t sit here and judge me for my wrongdoings because what may seem wrong to one is not to another. I use marijuana for asthma, it is a bronchial-dilator. I sold marijuana to my friends who were educated and knew what choice they were making. And yes my iPod is the least of my worries but it would be at least nice to have my music before my life is in shambles.
I have in fact attempted to contact the detective and leave messages for 13 days now…. No response… Is it also their job to be complete schmucks? Like are you not a human being? I understand I broke the law and I am in the wrong but I should not be forced to fear and hate police officers. I thought they are here to serve and protect. I have been nothing but myself, completely compliant and kind through this whole matter.
It’s not for you to understand. The court will decide what applies to your arrest or not. Good luck.
It is possible they will review the phone and iPod for photos, messages, or other evidence against you. If there is none, you will probably get them back.
Your first step is to talk to a detective at the department. If he refuses, then you can contact the District Attorney.
Every state has a procedure for the return of seized property. I do not know the procedure in your state. If you are charged with a felony, you will probably have an attorney. Ask that attorney about the procedure in your state.
A judge can order the State to return your property. Have your attorney file a motion for return of seized property. If you appear before the court unrepresented ask the judge to order the State to return your iPod and everything else unrelated to your charge(s). In fact you need to challenge everything. Some states have guidelines regarding search and seizure for cell phones, and such, and perhaps a warrant was needed. Go on line and research ” everything ” related to your case and you may find the State’s case against you is entirely bogus because they (police/prosecutors) never follow proper procedures.