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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26833
Experience:  16 yrs. of trial experience
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last night my roommate got pulled over as a passenger in a

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last night my roommate got pulled over as a passenger in a car they found molly in the car took him and the driver to interagation told my roommate cops had been to my house which no one was home had been inside our house and took everything when we got back to the house no receipt for a warrant was there out TV was gone along with 2 laptops and drug paraohanillea what can I do
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.


The missing stuff (TV/Laptop/paraphernalia), this was taken by the cops?

Who did it belong to (you? roommate? both?)
Customer: replied 1 year ago.

yes one of the laptops was mine the other one was my roommates as well as the TV was his

Expert:  P. Simmons replied 1 year ago.
Thank you

Have you been charged? Has he?
Customer: replied 1 year ago.

no no one has been charged with anything they let him go after the interrogation and said everything was to the driver and they went threw our house and took everything out when we got home this clearly happened

Expert:  P. Simmons replied 1 year ago.
Thanks

You can certainly demand your property back.

And your roommate his.

The real issue here will be if they eventually bring charges AND if they had a valid warrant.

If they had no warrant? And no valid reason to enter the home without warrant (it is possible to execute a search with no warrant...there are exceptions that can apply to the facts you describe, though they are limited)? Then you have a great case to demand your property back

HOWEVER if they obtained a warrant (I bet they did...it does not take long to get one)? Then they can keep the property seized pursuant to the warrant and use that property to investigate the case.

If the property was seized pursuant to a valid warrant or to an exception to the warrant requirement (for example, if there was evidence that evidence would be lost or destroyed while waiting for a warrant, that is a valid exception to the warrant requirement) then you will have to allow the investigation to continue.

The cops can keep the property for a reasonable amount of time to investigate

What is reasonable?

A few months at least...perhaps more depending on the complexity of the investigation.

They found paraphernalia...so I suspect they will charge one of you at some point.

I suspect they are looking at the laptops to see if they can find evidence of sales of the "molly"

It can take months to forensically examine a harddrive

I would start with a formal demand for the return of your property. Put it on paper. Keep a copy.

If they do not respond (likely they will not respond) after a few months you can contact your elected representative and ask they help you get your stuff back. They may. If they do not, you can sue the police to get your property back

Just understand that as long as a criminal case is pending the cops can keep the property


Please let me know if you have more questions...happy to assist if I can

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26833
Experience: 16 yrs. of trial experience
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