How to Recover a Cell Phone and Money After a Drug Arrest

My question involves criminal law for the state of: North Carolina

I have a pending drug trafficking case. I was recently stopped for driving without a license and drug possession. The officer took my phone and money. What are my rights to getting my phone and money back. I am getting two different stories. The DA said that I cannot get it back because of my pending drug trafficking case. The officer told me that if I provide receipts on where the money came from, then I should get my money back. I have receipts to back up where my money came from. What are my options and likelihood of getting my money back in a timely manner?

If you're convicted of drug trafficking, I don't expect that you'll get either the phone or the money returned to you. The prosecutor certainly isn't going to agree to return evidence to you before the charge is resolved.

I understand that, but the money was taken for my second arrest that is not related to my drug trafficking charge. So the prosecutor can hold my money that was NOT taken from the drug trafficking arrest?

For example: If I was arrested for DUI and they find $5000 on me. The prosecutor can keep that money because I have a pending drug trafficking case?

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Quoting marsh1987

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I understand that, but the money was taken for my second arrest that is not related to my drug trafficking charge. So the prosecutor can hold my money that was NOT taken from the drug trafficking arrest?

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You wrote that your second arrest was for driving without a license AND drug possession. The additional drug possession charge is likely good enough reason for the DA to hold your phone and your money as evidence.

Besides, it's up to the DA to decide, not the cop.

How much money is it?

Oh okay, I see your point. It was $500. Thank you!

If you are not guilty, I'd say you should get your money back. However, if you end up getting convicted, you might end up losing that money (e.g. they could assume it was acquired from illegal activity). If it wasn't, you still may have a tough time proving it.

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Quoting marsh1987

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I understand that, but the money was taken for my second arrest that is not related to my drug trafficking charge. So the prosecutor can hold my money that was NOT taken from the drug trafficking arrest?

For example: If I was arrested for DUI and they find $5000 on me. The prosecutor can keep that money because I have a pending drug trafficking case?

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Quote:

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Quoting marsh1987

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Oh okay, I see your point. It was $500. Thank you!

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:confused: