When a defendant dies, can the state legally keep seized property?
Question Details: My dad was arrested and had a lot of his property seized for having a small indoor marijuana grow room. He was never officially charged with anything by the grand jury. He was planning on fighting all charges and wouldn't take any plea deals. He died before this could be resolved.
If the property was just evidence, they cannot keep it. But if it was used in a crime, is itself illegal to have, or was the "fruit" of a crime (e.g. was paid for with money from criminal acts), then the state can keep: they do not need to return the tools or proceeds from a crime, or anything inherently illegal.
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