How long can the police hold on to your property acquired from a search order after the case has been dismissed?

UPDATED: Aug 26, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 26, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long can the police hold on to your property acquired from a search order after the case has been dismissed?

The police executed a search warrant on my property after I was arrested. They took several computers and other things, the case has been dismissed and they refuse to give back my property. How long can they hold on to my property?

Asked on August 26, 2011 Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Now you need to pressure the police into giving back your material. Talk to the prosecutor. If the case has been dismissed by the court with prejudice, that means they cannot charge you with it again. However, if the case was dismissed without prejudice, the prosecutor may just be working on bringing other charges against you or even reviewing the evidence taken from your home. At this point, if you had counsel who represented you during the charges and initial hearings, you should contact your counsel to pressure the prosecutor into getting you back your equipment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption