Motion to return property

[aclark17]

What is the name of your state (only U.S. law)? Ca
Hello i was illegally searched and a large amount of cash was seized from me pending investigation. No charges have been filed. I would have my property returned to me as soon as possible. I have downloaded a sample motion and need to know what citations to make and how to make them.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Ca
Hello i was illegally searched and a large amount of cash was seized from me pending investigation. No charges have been filed. I would have my property returned to me as soon as possible. I have downloaded a sample motion and need to know what citations to make and how to make them.

Hmm... interesting. Especially given one of OP's many other posts:

What is the name of your state (only U.S. law)? CA

I started a small business last year and have been ingnoring taxesi dont make very much what can happen

I'm thinking that the so-called illegal search wasn't so illegal after all.

If OP somehow, miraculously, gets the seized funds back, perhaps he should consider using it to pay off the quickly growing tax liability that is surely accruing on his... ahem... "business".

(Also explains desperate need to get to obtain a firearm again after having a felony drug conviction...)

 

[aclark17]

http://www.sblawlibrary.org/uploads/7/3/1/1/7311175/sbcll_motion_for_return_of_seized_property.doc

This is the motion template I would like to use I need to cite that the search was illegal and that no charges have been filed.

 

[justalayman]

it is pretty much self explanatory. Fill it out and file it.

 

[aclark17]

We'll since no charges were actually filed there is no case number or division. I also need to know how to cite the illegal search and seizure.

 

[sandyclaus]

And just how long ago was the allegedly illegal search conducted and money seized?

You do realize that they could have YEARS to actually file charges before the expiration of a statute of limitations, during which they can continue investigating the crimes for which you may be charged?

Just because they HAVEN'T charged you yet doesn't mean they aren't going to. And while the investigation continues, you can be rightfully deprived of all that working capital from your questionable "business".

And, after all, if the IRS isn't getting THEIR share from it, why should YOU get benefit of it any sooner than absolutely legally necessary?

 

[justalayman]

case number?


the court assigns a case number if you file suit. If you are speaking to some other case number, which form and where?

division; referring to what? where on which form?

 

[OHRoadwarrior]

I would love to hear the oral argument where OP commits counts of perjury claiming the money is from legal endeavors. What will be better is if they add that to his charges. They should call this a "sucker form".

 

[aclark17]

My bank staments show 30k revenue 2013

 

[aclark17]

I need to know what citations to make in the memorandum and how to make them

 

[CdwJava]

My bank staments show 30k revenue 2013

How does a BANK statement show REVENUE?

What amount of revenue did you declare to the IRS and the FTB?

 

[sandyclaus]

How does a BANK statement show REVENUE?

What amount of revenue did you declare to the IRS and the FTB?

That would be ZERO, given his admission to be "ingoring" (sic) his tax liability because he "don't make much". 30k seems to be a sizeable amount to me.

 

[justalayman]

My bank staments show 30k revenue 2013

can you reconcile that with this from another forum you have posted on?

I am a contractor I make 10000/year

 

[sandyclaus]

can you reconcile that with this from another forum you have posted on?

Bahahahahaha... It's called OVERHEAD. Cost of his product. Cost of doing that kind of "business".

It is certainly interesting how elaborate the story gets each time we get another piece of the puzzle he thinks he's hiding from us...

 

[aclark17]

We'll there are two issues here an illegal search and no crime