If an item is seized by the police as evidence, at what point in time (if any) will it be returned?
About 6 months ago, my appartment at the time was raided by local police aiding the DEA. I was cultivating 2 cannabis plants for personal consumption and I guess neighbors complained about the smell, sparking an investigation. This was not my 1st grow, and I refuse to accept it as my last. I’m a glaucoma patient, legally prescribed marijuana as alternative medicine in the State of California under Proposition 215 and defined in Senate Bill 420.
Anywhow, they raided my appartment and seized my garden (where I had my doctors recomendation mounted in plain site) and they found roughly an ounce and a half of dried marijuana and a large analog scale that I used to weigh my yield before and after drying/curring. This was enough for them to press me with Cultivation Charges and Posession of Marijuana with intent to distribute. They took my cellular phone and computer, as theyre considered distribution tools. Will I ever get my belongings back? Can I petition for them or something?
You’ll never see those things again.
i think it depends on if youre found guilty or not
You won’t get any of it back. It was seized while conducting a criminal investigation and because what you were doing was illegal, any items taken during that investigation are now property of the state of California.
I am really not sure, probably not in this Judicial system “By the people, for the people” …. 😐
I feel for you, I really do. I belive the DEA raids on patients that have STATE clearance, is ridiculous. Federal should not rule over State I believe. Good luck in whatever you do though!
no. you probably won’t get them back. you should buy your stuff like everyone else does. the fact that you were growing it would have needed different permission. get a lawyer – of course, this is more costly than the items seized. good luck.
after the case is solved
get a doctor’s note or something
You can, but don’t hold out hope that you’ll get them back soon. None of it will be returned while the investigation is ongoing. Once the investigation is closed, and charges are completed (indictment, trial, charges dropped, or acquittal), then the items may be released to the owner. Make sure you or your lawyer gets a copy of the inventory list from the search; without it, your chances of recovering your property diminish rapidly! Good luck.
It depends upon California State Law. In Florida, any items found in a drug raid are confiscated by the agency in charge.
Once they are confiscated and no longer used as evidence, they will not be returned, but usually auctioned to people as a means to offset the expense of the raid. The people attending these auctions are thoroughly checked by law enforcement officials.
Some of you are mistaken about the legalities of this man’s situation. First and foremost, Under Law in California, if he received a medical recommendation by a Doctor who can legally practice in the state, that says he can use cannabis as an alternative medicine, he is entitled to do so. Senate Bill 420 also states that he can grow a maximum of 6 mature cannabis plants. This obviously contradicts federal law, but regardless, this man should have the freedom to treat his aliment in a manner he sees fit. I’m also a mmj patient. When you can raise 1 female, clone her and be producing 4-5 ounces every three months, it’s considerably more cost officiant than going out and spending $400+ on an Oz of top shelf meds. Do you know his economic standing? His age? His mental capacity? He IS legally entitled to grow, where he gets his medicine is up to him, and it’s a shame that this type of thing happens in the US of A.
wellness.with.cannabis.
Certainly, you can. The First Amendment guarantees your right to petition the government. However, in this case, you probably won’t be able to get anything back until after both the trial and in some instances the appeal process.
Of course, with the charge including possession with intent, there is also the possibility that you could loose it to a forfeiture action. In fact, the federal forfeiture process could include any and all property purchased or acquired during the time in which it is believed you were distributing contraband, and anything used to facilitate the criminal action.
In fact, it can go even further.
If they have any evidence that your vehicle was used to transport, they can seize it. Or, a friend’s car, or a parent’s car. If those individuals knew you were using, they have lost their “third party immunity,” and the DEA can seize their vehicles as well. If you owned your apartment, they could even seize it.
I know this won’t be a popular answer, I’m just answering your question.
If you haven’t already talked with an attorney, you probably need to get one.
All of those items were seized under the law and you WILL NOT have anything returned to you. They were all ‘tools of the crime’ and will be kept under ‘asset forfeiture’ and as evidence.
If society is lucky, maybe next time you get caught, they’ll seize your house, vehicles and bank accounts.