Motion To Return Seized Property For Dui

Category:
State:
Louisiana
Control #:
LA-5402
Format:
Word; 
Rich Text
Instant download

Description

This is a motion filed by defense counsel for the return of a defendant’s personal property located in a seized vehicle. An attached order grants the motion and allows the defendant to retrieve his personal property.
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FAQ

Police seized any property under section 41 r/w section 102 of Criminal Procedure Code and produced before the court, such property should be received by the court. If there is no complaint/report by any person, police will file final report.

(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or ...

There is a law that addresses this that is known as Replevin. Here are some examples of how this law can help an affected party retrieve their belongings.

As the seizure of the property by the police amounts to a clear entrustment of the property to a Government servant, the idea is that the property should be restored to the original owner after the necessity to retain it ceases. It is manifest that there may be two stages when the property may be returned to the owner.

If the Police still will not return your belongings then you may need to contact a Solicitor or a Barrister. They should be able to give you initial advice as to whether or not you can, in law, recover your property and what steps you will need to take.

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Motion To Return Seized Property For Dui