Q: When a case is dismissed, how long does the state have to release your property collected in a search warrant?
A: This depends on many factors, such as the type of property taken, the reason for the dismissal, and how the property was used in the case. For instance, the Virginia Code requires for the property to be returned "as soon as practical" if the execution of the warrant was illegal in certain cases. On the other hand, if the evidence was submitted to the court as an exhibit in a felony case, the court can hold on to it for over a year. Some property (e.g. contraband) will never be returned, and the police may keep the property for an open investigation until the statute of limitations expires.
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