In order to seize your property or impound your vehicle, officers must have a legal basis. If your property has been seized or your vehicle has been impounded, I will look at the evidence in your case to determine if the action was legal. If officers have illegally seized property or impounded a vehicle that you are legally entitled to possess, I can make a motion for return of property under Criminal Rule 2.3 (f). If successful, your property will be returned and you may even be eligible for modest damages.

A motion for return of property can also be successful where the property is lawfully seized, but is not relevant to the case against you or reasonably calculated to lead to the discovery of relevant evidence. In this context, the success of a motion to return property will depend on whether criminal charges have been filed or are pending. If the charges have been filed, we must show you are legally entitled to the property and it is not relevant to the criminal proceeding. If the Prosecuting Attorney asserts its relevance and necessity, the motion is likely to fail. If charges are merely pending, the success of the motion will depend on how much time has passed since the seizure of the property.