CIVIL - Motion for Return of Property: Andre Holiday

Kye Evans

Motion for Return of Property: Andre Holliday's Bandana and pocket flag
Date Filed: 07.08.2025
Client & Phone: Andre Holliday 554 3466
Attorney & Phone: Kye Evans 555 3253

Summary: My client would like his possessions back. They were not used in any crime, they were not worn during the incident he had with the police and they would not give them back when asked for. #37592

Magistrate HC Blake Moore

@Kye Evans If there was an AO that you can tag along with the department's legal team, please do so.

Kye Evans

@BCSO Legal cant find Blooms tag, but there you go!

Magistrate HC Blake Moore

@Louis Bloom

Louis Bloom

The state would like this motion denied as there is a case being built against the violent gang members of the Ballas and how they identify and their rankings. This article of clothing was used to identify as a gang member. He was participating in gang activity.

Louis Bloom

New evidence from Andre Holliday's motion has hit the docket folks. Here he is with more balla attire on grove street shooting cops with a class 3. Again the state strongly urges that they not return attire that is linking this violent, VIOLENT, man to his gang and allows the Blaine County Sheriff's Office to continue our investigation.

Kye Evans

While Capt. Bloom claims that the items are required for his investigation, that assertion does not justify their prolonged seizure — assuming they possess any evidentiary value at all. I assert that the same evidentiary value could be preserved through photographic documentation. The continued seizure constitutes a violation of my client’s Fourth Amendment rights, and I will be forced to file suit if this injustice is not remedied. There is a lawful process for seizure that has not been followed in this case, and I respectfully request that this violation be addressed immediately.

Freddy

Magistrate judge Freddy Lawrance presiding

Looking at the arrest report I am inclined to side with the plaintiff in this matter due to the fact the crimes he is being charged with are not in and of themselves gang related. I will however hear any further arguments from the state before ruling.

@Louis Bloom @Kye Evans

Kye Evans

Your honor, its been 4 days, with the lack of response from the state, I would like to respectfully motion for a default judgement.

Freddy

I am ruling in favor of the plaintiff. As far as I see it, there was no reason to take these belongings in the first place. They have been in the custody of the BCSO for long enough to document for any investigation being conducted and must now be released to Mr Holliday.

@Kye Evans
@Louis Bloom

Freddy

You have 72 hours to comply.