My Drum-set Was Stolen, Then Recovered, And The Thief Charged. But Now The Police Have Been Holding My Drums For Over 5 Weeks As Evidence. What Can I Do To Get My Property Back?

Location: Bozeman, Montana

Long story short. A 15 year old kid broke into our jam space, stole my friend's guitar and my drum-set and trashed the place. We filed a police report and then found the guitar on marketplace that same night, thanks to the unique strap the guitar had, there was no photo of my drums.

The next morning, the police obtained warrants for the guitar based on the strap, but seized my drums under probable cause (I think). My friend got his guitar back that day, but the police kept the strap, and kept my drum-set. Saying the prosecutor has to review them first, because they might make or break the case.

It has now been 6 weeks. They've given me no updates or information or anything. I've called and emailed, only to get the run around to multiple people with no real answer. What can I do to get my drums back as soon as possible? Why can't they just take photos of the drums? Do I have any grounds to "demand" my property back? Seems crazy to me they can bogart my property for their own agenda.

Side notes: I have proven the drums are mine, no contention there. Total value of property stolen was roughly $5,000. The 15 year old kid is well into felony territory on this one, and has a criminal history, so they are trying to nail him, poor kid. I have not been involved of the pressing of charges whatsoever (nor do i want to be). I just want my drums back. The police have been a way bigger inconvenience than the thief (especially considering we found the drums and told them, then they took over.) My flair might be wrong.