How can I get back my things if the cops wouldn't give them back? 5 Answers as of September 25, 2013

A cop told me I will get all my stuff back but I didn't and I wasn't the one arrested. My girlfriend and I were heading our way home. We got pulled over for her having suspended tags. She admitted to having weed in the car and was taken to jail for it. The cops let me go since it wasn't mine nor my car. They wouldn't let me get my stuff and told me the next day I could get them. When I went the next day to get it, no one would let me have anything. The car was not seized just impounded but my girl friend is in jail and all my stuff is in the impound. We were moving home and that is literally everything I own. Is this legal? Can I do something about it and if so, what?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
It is legal. When she has weed in the car, you will be inconvenienced. Good luck.
Answer Applies to: Georgia
Replied: 9/25/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
The problem here is that your girl friend (and not you) owns the car and is presumed to be the owner of the personal property contained in the car. The police cannot just give you the property found in the car based on your assertion that it belongs to you. You will need a lawyer to deal with this. Further, the mere fact that you were not arrested does not mean you are off the hook for this incident. Thus, it would be wise for you to immediately retain criminal defense counsel to help you work through these issues. This will not be easy-police often impound cars and the property within them to preserve evidence for trial in the related criminal proceedings. One of the most important factors here is why your girl friend is in jail. If she is just charged with possession of marijuana, one would assume that she will be quickly released-at that point it will be easier to retrieve the car and its belongings. But if there is more to this story, getting your stuff back might be more complex. Once again-you need to retain legal counsel. There are no easy shortcuts for solving this problem.
Answer Applies to: New York
Replied: 9/23/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would suggest that you see an attorney and buy an hour of his or her time. If you are in Michigan you are welcome to call 586-778-0900 to engage my firm, and with additional information. Thank you and good luck.
Answer Applies to: Michigan
Replied: 9/23/2013
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Need motion for return of property.
Answer Applies to: Nevada
Replied: 9/23/2013
Ascheman & Smith | Landon Ascheman
You should contact a criminal defense attorney in your area as soon as possible. They can sort through the details with you and see what can be done to help you and your girlfriend.
Answer Applies to: Minnesota
Replied: 9/23/2013
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