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  1. #1
    precisely is offline Junior Member
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    how do i get my property back if the case was dismissed?

    How do you petition the court to get your personal property back. My case was dismissed and I wanted my property that was wrongly taken. Any info would be helpful. I live in the great state of california in case that helps.What is the name of your state (only U.S. law)?
  2. #2
    tranquility is offline Senior Member
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    What personal property? Why do you not have it? Have you asked the person holding it yet?
  3. #3
    precisely is offline Junior Member
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    I was pulled over for speeding and I had some of my medicinal marijuana on me at the time which the officer could smell. Mind you Im a medical patient under Prop.215 passed by California voters in 1997. I informed the officer that I was allowed to posses this substance but she told me that she didnt recognize this part of the law and made me give her my medicine. I had a total of less then 7 grams selled in a container in the trunk of my car. She then called for back up and proceeded to search my automoblie thinking she had found the mother load. After she found nothing the officer took my $500 dollar medicinal device and told me if i was really a patient that i would get my utensil back after the case was dismissed.
    Last friday I had court for the ticket. I explained to the judge that I was a patient under Prop. 215 and that the charges should be dropped on me pretaining to that fact. He sent me to speak with the DA to see how the he wanted to handel this situation. Unfortunatley he couldnt see me at that time so the judge set pretrail for Monday. That brings me to today where i had pretrail. As I knew they would do all charges were dropped but i was charged with a speeding violation. I asked the DA about getting my property back mainly my $500 utensil, he told me to go tell the highway patrol that the charges were dropped and see if they would give it back to me. The officer i spoke with then told me that I needed to file something with the court to receive it back. So thats where Im at now any help would be greatly apperciated. I know that i need to file a motion to receive my property back but i have no idea how to do this or do i need a lawyer to do this.
  4. #4
    Peligroso27 is offline Member
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    Nothing in Prop. 215 gives you the right to posses smoking paraphernalia.
  5. #5
    precisely is offline Junior Member
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    How do you file a motion to get my personal property back thats all i need to know.
  6. #6
    mlane58 is offline Senior Member
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    [url=http://www.safeaccessnow.org/article.php?id=2696]ASA*:*Instructions for Filing a Motion for Return of Property[/url]
  7. #7
    precisely is offline Junior Member
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    thank you so much for the information hopefully i can get my things back. thank you again
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by precisely View Post
    How do you file a motion to get my personal property back thats all i need to know.
    **A: first you go to court and ask for the pertinent rolling oops, court papers.
  9. #9
    precisely is offline Junior Member
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    SO i need to get the paperwork to file this motion at the courthouse or can you download the file on the internet?
  10. #10
    seniorjudge is offline Senior Member
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    Quote Originally Posted by precisely View Post
    SO i need to get the paperwork to file this motion at the courthouse or can you download the file on the internet?
    ...

    Possibly.

    ...
    There are two rules for success:

    (1) Never tell everything you know.
  11. #11
    precisely is offline Junior Member
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    do you what the name of the form i need to fill out is or the number for this form?
  12. #12
    seniorjudge is offline Senior Member
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    Quote Originally Posted by precisely View Post
    do you what the name of the form i need to fill out is or the number for this form?
    Write a clear and plain letter in simple English to the court; send a copy to the prosecutor.

    Follow up on it.
    There are two rules for success:

    (1) Never tell everything you know.
  13. #13
    precisely is offline Junior Member
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    do i need this form as well or will the letter suffice? [url]http://www.courtinfo.ca.gov/forms/fillable/cd170.pdf[/url]
  14. #14
    tranquility is offline Senior Member
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    While most people who review the law agree that paraphanelia is an implied right under the law, Peligroso27 is correct. The law does not refer to your $500 medicinal device but the the pot. Let us know how it turns out.
  15. #15
    precisely is offline Junior Member
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    I found this information out at [url=http://www.safeaccessnow.org/article.php?id=956#para]ASA*:*Becoming a Patient in California[/url]


    C. Paraphernalia associated with medical use
    Although the law does not specifically address the legality of paraphernalia associated with medical marijuana use, the law does provide that a qualified patient or designated primary caregiver may transport, posses, administer, deliver, or gives away marijuana for medical purposes. As a result, ASA defines paraphernalia associated with medical use protected as it relates to the administration of medical marijuana.

    I will leave an update on the situation thanks for all of your help much appreciated

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