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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Return of Property After Suppression

    My question involves criminal law for the state of: FL

    Thanks in advance for any and all assistance.

    I filed a joint motion to suppress evidence and return of property (Pro Se) for burglary charges. Return of property was mentioned in the heading but nowhere in the actual motion. Suppression was granted, appeal affirmed. Now I am trying to retrieve several hundred unclaimed items which were confiscated and had an evidence hold placed on them.
    1. Am I entitled to get this property back? How do I go about doing this? The original motion mentioned return of property and since that had been granted I am under the impression another motion for the same property should not have to be filed. The State's Attorney is not responding to my emails. Any controlling caselaw on this subject?
    My other question pertains to obtaining a court order for reimbursement of subsistence fees, a court order is required detailing the amount.
    2. Should this court order derive from civil or criminal courts?
    Thanks for all assistance! I am trying to get my life on track and any financial assistance would be helpful at this point.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Return of Property After Suppression

    1. Unless the court ordered the property returned, the relief you requested has not been formally granted.

    2. You can renew your motion with the court that has jurisdiction over the case, which from your description would be the criminal court. You can research case law through sites like LexisOne or Google Scholar.

    Sometimes, depending upon the item, it's not possible to recover property. For example the items may be perishable, they may be contraband of some sort, etc.

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