It happens occasionally where law enforcement will seize property, whether from a traffic stop, search warrant or some such similar action. Typically, an arrest will occur at that time or soon thereafter. However, there is no requirement in the law that an arrest take place very quickly, if at all.
However, four months should be plenty of time for law enforcement to investigate the matter and make a determination as to whether probable cause exists to make an arrest. If they do, then they can certainly hold on to any items that are illegal or evidence of illegal activity. Even in the event of an arrest, they should return any items that are not of evidentiary value.
As NOTHING has occurred, I would urge you to get a criminal defense attorney involved. As there has been no arrest, you can likely find an attorney for very little fee at this time. The attorney would write a letter to either the investigating officer or the chief of police. The letter would detail what you've described here:
- Your home was searched
- 192 items were seized
- No arrest has taken place
- Four months is plenty of time for the officers to investigate and make an arrest
- As nothing has occurred, you are demanding the return of your property
I handled a similar matter for a client recently. I contacted the investigating officer first and received no response. However, within a couple days of contacting the chief, he called me personally and arranged a date and time for my client and I to go to the police station to pick up all of her belongings.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.