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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-20-2008, 07:01 AM
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how do i get my stuff back?!


What is the name of your state? california

a couple days ago, my boyfriend and i were sleeping in a hotel room rented by one of his friends who was a parolee. at around 10am the next morning, the police were pounding at the door and informed us they were conducting a probation search. both my boyfriend and i are on probation and have 4 way search. i have had previous run-ins with the cop conducting the search and although i do not have a record for identity theft or credit card fraud, my close friends have been so i guess they automatically assume i'm involved as well. i had a tiny bit of meth in a baggy in my bra which i told them i had when asked and they found numerous gift cards, about 5 ounces of weed and they took EVERYTHING of mine as evidence. even my purses- which they said they were taking because they thought they were stolen, my ipod touch, chanel sunglasses, they even took my make up bag with all my make up in it and my perfume, two laptops, my keys to everything, all my credit cards- even though my cards had my name on them and were legit! they took my wallet and cash (about $180) and by the time i got booked in, my only property was my id. i declined to answer any questions without my lawyer and both my boyfirned and i were booked for:

possession of marijuana
possession of marijuana for sale
possession of meth
recieving stolen property
under the influence
paraphanilia

my boyfriend bailed out a couple hours later and he was working on getting my bail together when at around 10am the next day, just a couple hours before i was supposed to be in court, they said i was being released because they didn't have enough evidence to charge me with anything. my boyfriend has a cannibus card and nothing i had was stolen. everything of mine was legit but they never even gave me a property sheet telling me all the stuff they had taken for "evidence" and when i requested for a police report, they said i couldnt get one.

anyways, my question is how do i go about getting my stuff back? i called property and they said i have to have a judge sign something. do i need to get a lawyer? and is what they did even legal?What is the name of your state?
  #2  
Old 01-20-2008, 10:13 AM
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Hire an attorney to motion the court for a return of the property.
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  #3  
Old 01-20-2008, 01:04 PM
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Quote:
Originally Posted by jennee0124 View Post
a couple days ago, my boyfriend and i were sleeping in a hotel room rented by one of his friends who was a parolee.
The presence of the parolee made the room free game for the police.

Quote:
at around 10am the next morning, the police were pounding at the door and informed us they were conducting a probation search.
I thought you said you had a parolee there ... if so, then they were making a PAROLE search. probation and parole are different animals.

Quote:
both my boyfriend and i are on probation and have 4 way search.
Wow! A trifecta!

Why did a parolee rent a room for a pair of probationers??

That - by itself - woud get any cop's "hinky" radar flashing.

Quote:
when i requested for a police report, they said i couldnt get one.
You don't have a right to one.

And your boyfriend has a cannabis card? Ah, yes, I'm sure he is so disabled that he needed the marijuana AND the meth to get along.

It varies some by jurisdiction, but you might be able to get YOUR stuff back if you get a signed letter from the DA's office indicating that specific items of property are not needed for evidence. Otherwise, you might have to wait until it all goes to trial.

- Carl
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