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Motion for Return of Property

Motion for Return of Property

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DEFENDANT, by and through undersigned counsel, requests this Honorable Court to exercise its inherent authority and order the return of Defendant’s property that is now in the custody of the Washington DC Sheriff’s Office. As grounds for this Motion, Defendant states the following:

  1. The following property was seized from the Defendant by the (agency) pursuant to Defendant’s arrest in this case: Approximately eighty dollars cash.
  2. This property is exclusively the property of the Defendant.  This property was not and is not contraband. This property is not the fruit of any illegal activity.
  3. The Defendant has entered a plea of guilty or nolo contendere and has been sentenced.  The seized property is no longer needed as evidence.
  4. When a trial court has assumed jurisdiction over criminal charges, it is thereafter vested with the inherent power to assist the owner in the recovery of property seized by law enforcement.  See Coon v. State, 585 So.2d 1079 (Fla. 1st DCA 1991); Benedetti v. State, 584 So.2d 203 (Fla. 2d DCA 1991).

WHEREFORE, Defendant respectfully requests that this Court enter an Order directing the Washington DC Sheriff’s Office to return to Defendant or Defendant’s designee the above-listed property.