Caviness, holding that a petition for return of property associated with a criminal case must be filed within thirty days of the conclusion of the case.

The Pennsylvania Superior Court recently decided the case of Commonwealth v. How long do I have to file a petition for return of property? If the items were seized during an illegal search or seizure, you may also be able to combine the motion for the return of your items with a motion to suppress. For example, if the police took your things while investigating the case and refuse to give them back despite them having no evidentiary value, you may be able to file a petition seeking an order from the court directing the police to return the items. This means that a petition may be filed in the Court of Common Pleas where the case is or was being heard seeking the return of property. (C) A motion to suppress evidence under Rule 581 may be joined with a motion under this rule. If the motion is granted, the property shall be restored unless the court determines that such property is contraband, in which case the court may order the property to be forfeited. (B) The judge hearing such motion shall receive evidence on any issue of fact necessary to the decision thereon. Such motion shall be filed in the court of common pleas for the judicial district in which the property was seized. (A) A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof. 588 governs the return of property in criminal court.

Pennsylvania Rule of Criminal Procedure 588 Whether or not and when you can get your things back depends on the nature of the item and the status of the criminal case, but in most cases where the item itself is not contraband or stolen, you may be able to seek its return either while the case is pending or within thirty days from the end of the case. In some cases, it is possible to get your things back from the government by filing a Petition for Return of Property pursuant to Pennsylvania Rule of Criminal Procedure 588. A common question that we receive from clients who have been charged with crimes or had their belongings seized by the police is how to get those items back.

Lost wallet police contraband