Illegal Search And Seizure In California
Approximately (3) years ago, both my residence and my place of employment were served with a search warrant to seize files and computers relative to communication I had with a another party under investigation for financial crimes. There were (2 ) separate warrants served for my home and place of employment listing items be seized that I had access to. However, the authorities seized my wife’s computer from her desk of our mutually shared employer (not our home). Keep in mind, we (my wife and I) did NOT share desk, nor clients, but her computer was seized when there was NO language in the search warrant allowing her work area to be searched and items seized from her desk or work area.
After reviewing both search warrants and the inventory list of both my home and place of employment, it has come to my attention that the authorities acted improperly and illegally when they indicated that they seized my wife’s computer from our home when it was in fact seized from her work area at our place of employment, but entered it as being seized from our home. There was incriminating information on my wife’s computer that resulted in charges being filed against her. Based on the search warrant NOT allowing for her independent work area at our place of employment to be searched and computer to be seized, shouldn’t these charges be dropped or dismissed?
Re: Illegal Search And Seizure In California
If no objection is raised to the use of the evidence, they can use it. But be careful in objecting - if you are stating that you have no owernship interest in your wife's computer you may lose any "standing" to object to its seizure. Also, you state that the warrant covers items to which you had access. That's much broader than use - you can have access to items you do not use.
If you wish to try to have evidence suppressed in a criminal prosecution, it's a good idea to get help from a lawyer.
Re: Illegal Search And Seizure In California
Aaron,
Although I may have had "access" the computer was NEVER used by me. Being the case relative to "access", shouldn't they have seized many other computers that I had "access" our place of employment/office?
Re: Illegal Search And Seizure In California
The question of what they could have done is separate from the question of what they did.