What can I do to have the police return my confiscated property due to a neighbors disturbance call? 9 Answers as of May 09, 2014

I wanted to know how I can go about getting a shotgun back that the police took from my closet while they were at my house on unrelated business. I was arrested for a couple of misdemeanor outstanding warrants and when they came to my house due to a neighbors disturbance call they confiscated my shotgun and ammunition. I'm not a felon nor on parole or probation and the shotgun had nothing to do with the disturbance matter, nor was I charged with anything related to the weapon and ammunition. I have called multiple times to try and get my property back without success or a reason as to why it has not been returned. Any advice or helpful information that I might can use or do to have my property returned would be greatly appreciated.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Retain an attorney.
Answer Applies to: Georgia
Replied: 5/9/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
You have not provided me with sufficient info to answer. I suggest that you speak with an attorney in your area who can review the facts of your case, and possibly even contact the police department.
Answer Applies to: Washington
Replied: 5/8/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
If they file charges, file a motion pursuant to PC 1538.5 for the return of property that is not evidence. If they have not, file a separate case.  If there is DV restraining orders, you will not get your guns back.  
Answer Applies to: California
Replied: 5/8/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Get a lawyer and sue them to have the property returned.
Answer Applies to: Michigan
Replied: 5/8/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Need to file a motion for return of property.
Answer Applies to: Nevada
Replied: 5/8/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to have all of the details, but most probably will have to get an order of the court in order to have the shotgun and ammunition returned.
    Answer Applies to: Michigan
    Replied: 5/8/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    You can get a court order for the return of your property.
    Answer Applies to: California
    Replied: 5/8/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You need to hire criminal defense counsel. My educated guess is that the police take the position that they are still conducting an investigation and the gun is evidence. If so, it might be very difficult to get your gun back any time soon unless you hire a lawyer to intervene and perhaps even bring suit. It might be cheaper to but another shotgun.
    Answer Applies to: New York
    Replied: 5/8/2014
    The Law Office of Carlos H. Davalos
    The Law Office of Carlos H. Davalos | Carlos H. Davalos
    You may need to get a court order mandating it.
    Answer Applies to: Illinois
    Replied: 5/8/2014
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