Q: Can I get back my firearm confiscated in Walworth County after passenger admitted marijuana was his?
I was driving in Walworth County when a passenger in my vehicle was found with marijuana, which he admitted was his. Although I wasn't charged with any firearm-related violations, law enforcement took my registered firearm. There should be body cam evidence supporting my innocence regarding the marijuana. I have a court date scheduled, but the case isn't in the circuit clerk's database. I've been trying to communicate with the sheriff's department about retrieving my firearm. What steps can I take to get my firearm back, and how should I address feeling profiled during this incident?
A:
Your situation regarding the confiscated firearm presents several legal complexities that require careful navigation. When law enforcement confiscates a firearm during an incident where controlled substances are present—even when admitted to be someone else's—they often follow protocols that allow temporary seizure pending investigation. The absence of firearm-related charges in your case suggests the confiscation may have been procedural rather than evidence-based, which strengthens your position for retrieval.
The discrepancy between your scheduled court date and the absence of your case in the circuit clerk's database warrants immediate attention. You should request written documentation of your court date from the issuing authority and contact the clerk's office directly to inquire about your case status—bringing any citation or paperwork you received during the incident. Additionally, filing a formal written request for the return of your property with the sheriff's department creates an official record of your retrieval efforts and may expedite the process if your case is ultimately dismissed or resolved favorably.
Regarding your concerns about profiling, documenting all details of the interaction while they remain fresh in your memory will be invaluable. Request copies of all police reports, body camera footage, and dispatch recordings through a formal public records request—these materials can support both your firearm retrieval case and address any civil rights concerns. You might benefit from consulting with an attorney who practices in Walworth County, as they would have familiarity with local law enforcement practices, the judges who might hear your case, and the most effective remedies for property return in that specific jurisdiction.
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