Legal Question in Criminal Law in Maryland

Police refuses to return evidence (Baltimore County).

With a warrant, Baltimore County Police search my home and car. After seizing several items from my car and a handgun from my home, I was found not guilty. After two months of telephone calls and false promises from the detective to send in the appropriate paperwork to the evidence management unit, it has yet to be done. I believe I'm being shafted because the police expected a conviction. Is there anything I can do to get a judge to order the return of my property? Thank you in advance for your assistance.

Asked on 7/11/01, 11:20 pm

2 Answers from Attorneys

Richard Winelander The Winelander Law Group

Re: Police refuses to return evidence (Baltimore County).

The first step is to contact the property room at 410-887-2276. if they don't release it file a petition, pursuant to Article 27551(c), Article 27297(o) and Article 2736C(c)(4) for return of property seized at the time of the execution of the warrant. this petition can be filed in the Court in which you recived the not guilty. You should direct it to the Judge that sat at your trial.

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Answered on 7/14/01, 3:52 pm
Judith Stainbrook Law Offices of Judith S. Stainbrook

Re: Police refuses to return evidence (Baltimore County).

My clients have had similar experiences even with a court order. If asked, and if it's appropriate, the court will usually order the return of your property at the conclusion of the case, and I see no reason why you can't file a motion asking for this. But it would be simpler and maybe more effective to call the Assistant State's Attorney who handled your case and asking him or her to contact the detective and ask him to return your property.

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Answered on 7/12/01, 9:14 pm

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