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  1. #1
    Join Date
    Mar 2013
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    1

    Default Seized Item Not Listed on Seized Items List

    This question relates to a search warrant executed in North Carolina. Relevant section of NC statutes: http://www.ncleg.net/EnactedLegislat...rticle_11.html

    § 15A‑254. List of items seized.

    Upon seizing items pursuant to a search warrant, an officer must write and sign a receipt itemizing the items taken and containing the name of the court by which the warrant was issued. If the items were taken from a person, the receipt must be given to the person. If items are taken from a place or vehicle, the receipt must be given to the owner, or person in apparent control of the premises or vehicle if the person is present; or if he is not, the officer must leave the receipt in the premises or vehicle from which the items were taken. (1973, c. 1286, s. 1.)
    --END

    My question is this: the police seized an item but failed to list it on the list of seized items. However, they did make reference to this seized item on the police report. What are the potential implications of this? I don't think that the seized item has anything of evidence that helps their case. In fact it might actually help to demonstrate lack of inclination toward this particular crime. Regardless, I'm wondering if they can still use this item as evidence. Perhaps more importantly, is there any possibility to arguing that anything should be thrown out due to inconsistencies between the two?

    Also of quick note, search warrants are public record in NC. I went to the court of clerk exactly 3 weeks after the search was executed and asked to see the search warrant. I was first told that it wasn't public record but upon seeing that I knew otherwise they quickly decided it was public record. I provided the name and date of two related search warrants. They told me that they were unable to find these search warrants. This relates to the following statute:

    § 15A‑257. Return of the executed warrant.

    An officer who has executed a search warrant must, without unnecessary delay, return to the clerk of the issuing court the warrant together with a written inventory of items seized. The inventory, if any, and return must be signed and sworn to by the officer who executed the warrant. (1973, c. 1286, s. 1.)
    --END

    I realize that getting a good attorney is a necessary option. The public defender is of no help whatsoever. Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Seized Item Not Listed on Seized Items List

    Possibility #1: The item is held by the police but somehow was not inventoried. Your lawyer can explore the possibility of reviewing any evidence seized and held by the police.

    Possibility #2: The police acknowledge that they saw the item, but deny seizing it. What evidence would you have to the contrary?

    If the police report describes the item, then you're going to be in pretty good shape arguing that it existed and was in your possession - so what difference does this make to your charge and possible trial?

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