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  1. #1
    Join Date
    Sep 2010
    Posts
    10

    Default I Can't Get Seized Evidence Back

    My question involves criminal law for the state of: California

    So i was arrested awhile back for GTA. I was at work and they came and arrested me how i lost my job.
    At home they came and invaded my house, my bedrooms, cuffed my brother, tazed the other guy that got charged with me, almost shot my dog, broke down my brothers door for it was locked, took phones i havnt used in months, took my laptops, took letters and papers from banks. Took my Military id. While i was being interogated they took my iphone 3gs. my sentenceing date was 9-29-10 so its been days after, they still wont give me any of my stuff back, is there a reson for this?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Can't Get Seized Evidence Back

    Quote Quoting herewego
    View Post
    My question involves criminal law for the state of: California

    So i was arrested awhile back for GTA. I was at work and they came and arrested me how i lost my job.
    At home they came and invaded my house, my bedrooms, cuffed my brother, tazed the other guy that got charged with me, almost shot my dog, broke down my brothers door for it was locked, took phones i havnt used in months, took my laptops, took letters and papers from banks. Took my Military id. While i was being interogated they took my iphone 3gs. my sentenceing date was 9-29-10 so its been days after, they still wont give me any of my stuff back, is there a reson for this?
    I am guessing they searched the home and seized evidence pursuant to a search warrant, or as a result of yours or someone else's condition of probation, parole, or pre-sentence release.

    Ask the agency that has your property how you can get it back. Chances are, you can't ... if it is evidence. If seized as part of a search warrant, then the court would have to authorize its release.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: I Can't Get Seized Evidence Back

    did they claim it was stolen property? are they still investigating the property to see if its stolen and they want to charge you with other crimes?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Can't Get Seized Evidence Back

    If the items are being held as evidence in your case, it may be that they won't be returned at least until the deadline for your filing an appeal expires. It may take a motion with the court; talk to your criminal defense lawyer.

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