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raydevil69r

how do you obtain a court order/motion to release seized property

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How do you get a judge to order that your seized property be released from police custody in Arizona?

File a 'Motion','Certification Statement', 'Brief', and an 'Order' requesting that your 'seized property' be released.  In New Jersey, we have a 'Pro se' 

Represent Yourself in Court (Pro Se): Self-Help Resource Center under NJCourts.com.  Check your state's court website to see if they have the similar resource.

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I have, for a year now, been trying to acquire my belongings that were taken from a friends home during a search by the Mesa, Arizona Police Department. Originally they told me that the items needed to be cleared by them of not being stolen items. They needed to make sure they weren't on the Police Departments Sheet of Stolen Items.  

They found this to be true (that they were not on this list) and still did not release them. Their reason for not releasing the items was now that they weren't on their list they recquired receipts. I have one of the receipts, one is a christmas present (for which I don't have a receipt) and the last is a pressure washer for which I cannot find the receipt and the company I bought it from has gone out of business.

 

How can I get a judge or someone in authority to order them to surrender my property?

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Other than pestering your legislative representative(s) to help and pestering a higher-up in writing at the police department (or prosecutor's office), I'm not sure what to tell you beyond some kind of writ of replevin/warrant in detinue action against the police dept.  I don't know of anyone who might walk you through that online.

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It appears a paper, whatever the title, Motion, etc., must be filed under this section, probably, Make a request in writing by certified mail and cite this and ask for the return of the items. If they claim they can still hold it by law, ask for the legal authority. An Attorney may be needed to do it.

 

13-3922. Controverting grounds of issuance; procedure; restoration of property

A. If an owner of seized property controverts the grounds on which the warrant was issued, the magistrate shall proceed to take testimony relative thereto unless a proceeding pursuant to chapter 39 of this title is or has been initiated relating to the same property interest. The testimony given by each witness shall be reduced to writing and certified by the magistrate. If it appears that the property taken is not the same as that described in the warrant and is not within section 13-3916, subsection C, D or E or section 13-3925, subsection C, or that probable cause does not exist for believing the items are subject to seizure, the magistrate shall cause the property to be restored to the person from whom it was taken if the property is not such that any interest in it is subject to forfeiture or its possession would constitute a criminal offense.

 

B. Any order under this section as to a property interest is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of that person in all actions pursuant to this title. Other orders are appealable, if permitted by the Arizona rules of civil procedure.

 

C. No stay may issue on the forfeiture of seized property or its use in an action pursuant to this title while contravention of the warrant is being litigated.

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