State v. Agee

Timothy E. Agee appeals from the denial of his motion for the return of property seized from his residence by police, who were investigating Agee’s reported involvement in several thefts. The theft charge was dismissed, but the court refused to order the return of property the State argued had been stolen. This appeal requires us to consider the circumstances under which the State can refuse to return seized property, and the burden of proving such circumstances. In this case, because the State did not present evidence establishing a basis for refusing to return the property, we reverse the…