What legal rights do I have to seized property NOT accounted for on seizure of property form?

Metro Nashville, TN. Multiple personal property items were seized for a narcotics case including narcotics. Several items that were taken during a search of my university dorm were given to Metro PD by school security that are not related to the case in any way, and are not listed on the ‘Notice of Property Seizure and Forfeiture of Conveyances,’ including a school backpack, financial calculator BBA student, airsoft gun, and bank bag locking zipper type. I have verified the items are in Metro evidence, but they are marked as ‘evidence’ and cannot be released unless the detective that started the case releases them. What legal rights do I have or position to make in order to have my personal, non-case-related articles returned to me?

Asked on April 24, 2016 under Criminal Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yo can petition the court to release any items that are not really evidence.  However, consider consulting with a defense attorney before you do so.  If these items link you in any way to the narcotics that were found, your petition will effectively be a judicial admission that you are connected to the narcotics.  It may be cheaper just to purchase new items to protect yourself from further prosecution.


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