Return of items seized thru illegal search warrant?

[augustdroge]

What is the name of your state? Kansas

My attorney filed a motion to suppress evidence gathered in a search warrant about a year ago. The judge granted the motion to suppress. The county attorney filed an appeal. The Kansas Court of Appeals upheld the lower court's ruling. The county attorney had 30 days to petition the Kansas Supreme Court for review of the appellate court's decision. The county attorney decided not to petition and now the 30 days have expired.

Question: At this point, must the items gathered thru the illegal search warrant be returned to me?

[outonbail]

~~must the items gathered thru the illegal search warrant be returned to me?~~

What were the gathered items? Illegal drugs, Stolen firearms? Child Porn? Sawed off Bazooka?

If so, I'd give it a day or two before I'd put them gathered items back in stock,,,,, that next search can be a bitch.... even, (gulp) Legal!


Of course, it may just be that illegal items once gathered, legally or not, remain illegal,,,, if you can imagine such a thing....

Count your lucky stars that the gathered items, aka evidence, were thrown out on legal review, but to expect, or even suggest their return is way out there on planet stupid,,, Of course planet stupid constantly increases in population, so what the hell, make that call, give them 24 hrs. to return what they gathered,,,,, or else!

I'm pulling for you!

[augustdroge]

The items taken in the illegal search were not illegal in themselves, e.g. sewing machine, rechargeable batteries, TV cable and others.

I imagine that the return of the items would require a court order. Can anyone tell me how to word a motion for their return? What Kansas law would I cite to support a motion?

[stephenk]

were these items taken as evidence of stolen property? if yes, you would have to provide proof you have legal ownership of the items.

[augustdroge]

The items were not evidence of stolen property.

I imagine that the return of the items would require a court order. Can anyone tell me how to word a motion for their return? What Kansas law would I cite to support a motion?