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Seizure/Evidence Rights in Arrest

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theexgirlfriend

Guest
What is the name of your state? CA

After selling one ectascy pill to an undercover officer in March 2002, my ex was sentenced to work furlough in Sept 2002. On Dec 31, 2002, his vehicle was immediately pulled over leaving his home on an arrest warrant for absconding. In his possession he had less than a gram of (personal) meth, almost $1500 cash, and an unregistered loaded gun under his seat. He was taken in on the warrant, and charged with felony possession of a fire arm w/ prior. This was the only charge he was sentenced on, for which he served five months county time. During his arrest the SD Sheriff department took his money as drug money "evidence," rather than admitting it with his personal property. Without any evidence of that being a fact, and the charges never brought against him: this seizure seemed to be based soley on a prejudice assumption. What are his legal rights regarding this? If in his rights, how should he approach having his money returned to him?
 


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BillyBG

Guest
Why is he carrying around $1500 in cash, drugs, and a loaded gun in the first place? Where'd he get the $1500, was it from selling drugs?
 
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theexgirlfriend

Guest
It was New Year's Eve, he was all dressed up and ready to go. It was $1380 to be exact, which is not an unheard of amount for a New Year's date. He lives in a rural area, and forgot to take the gun out of his car. No, that money was not from selling drugs.
 
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theexgirlfriend

Guest
Understandable opinion, I was actually interested in your thoughts on the matter. It's not so much whether he should forget the money- based on the likelihood of return, as opposed to if there is a possible legal approach he can take. I have researched the CA Evidence codes, and it appears that his complaint is valid. I am just a little unsure exactly where this might fall. I'm not far enough along in my criminal law studies. I don't mind the fight; I actually enjoy it. I just need to know where he stands legally. Thank you!
 
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theexgirlfriend

Guest
stephenk said:
why are you so worried about your ex-boyfriend?
1. We are still close.

2. I am currently studying Criminal Law, with the hope of entering Law School one day.

3. It interests me. I like to argue.
 

stephenk

Senior Member
1. that is too bad, since it looks like he hasnt learned his lesson;

2. the drugs. unregistered gun and the large amount of money (cmon, $1380 to go out on New Years?) makes it more likely than not that it is drug related UNLESS he can prove the money is not drug related. The burden is on him not the state. he should be thanking God his car wasnt confiscated and that he wasnt charged with dealing.

3. good luck with law school. if you still stay in touch with your ex you may have him as your first client. make sure he pays you first.
 

calatty

Senior Member
That was a legal opinion. Your first prelaw lesson in preparation for law school is: Don't bull****. There is nothing about motions to return property in the Evidence Code (there is only one Evidence Code). Try Penal Code sections 1417.5 and 1538.5, maybe Health and Safety Code 11488.4 for starters, and then the case law, maybe starting with People v. Lamonte (1997) 53 Cal.App.4th 544 to get some background.
 
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theexgirlfriend

Guest
That is the information I was looking for! Thank you so much for your response calatty. I appreciate your advice/opinion. I will definitely follow up on your suggestions. Thanks again!
 
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theexgirlfriend

Guest
1. Unfortunately, I can not disagree with you. I have not been a witness to many people who do in fact, learn their lesson.

2. Again, I can not disagree with you. Being that I am an aspiring, Criminal Defense Lawyer- That was the story given to me. I was not with him on any of the dates mentioned.

3. Thank you. Sadly, I know a LONG list of potential clients. Now a guarantee to be paid, that is the difficult part...
 
T

theexgirlfriend

Guest
calatty said:
That was a legal opinion. Your first prelaw lesson in preparation for law school is: Don't bull****. There is nothing about motions to return property in the Evidence Code (there is only one Evidence Code). Try Penal Code sections 1417.5 and 1538.5, maybe Health and Safety Code 11488.4 for starters, and then the case law, maybe starting with People v. Lamonte (1997) 53 Cal.App.4th 544 to get some background.

PERFECT! I followed up with everything you suggested. All of the information will be extremely helpful. Thank you so much!
 

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