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  1. #1
    Join Date
    Mar 2007
    Posts
    12

    Default Possible Illegal Seizure via Search Warrant in California

    I had bad Search & Seizure experience in Calif a few years ago involving the seizure of computers, but have not to date received back my computers. The warrant specified certain items to be seized, including computers and peripherals. However, there were (2) computers siezed from a locked vehicle on the premises NOT listed on the search warrant, despite of the vehicles being listed on the warrant. In addition, there were NO invididuals in the home over 18 years of age, just my 8 & 12 year old son. Were the (2) computers taken from the vehicle NOT listed on the search warrant seized legally? Were the investigator allowed to perform the search and seizure with ONLY minors present. If any incriminating evidence is obtained from these computers, can it be used in court?

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

    Default Re: Possible Illegal Seizure via Search Warrant in California

    Quote Quoting Rextab
    I had bad Search & Seizure experience in Calif a few years ago involving the seizure of computers, but have not to date received back my computers.
    They are probably still being held as evidence.

    The warrant specified certain items to be seized, including computers and peripherals. However, there were (2) computers siezed from a locked vehicle on the premises NOT listed on the search warrant, despite of the vehicles being listed on the warrant.
    Most search warrants have language that covers the search of any and all vehicles on the property. If this vehicle was clearly outside the scope of the search warrant, your attorney can move to have any evidence seized from these computers suppressed.

    In addition, there were NO invididuals in the home over 18 years of age, just my 8 & 12 year old son.
    Not relevant from what has been mentioned thus far.

    Were the (2) computers taken from the vehicle NOT listed on the search warrant seized legally?
    Without seeing the warrant, this cannot be known.

    Were the investigator allowed to perform the search and seizure with ONLY minors present.
    Yes. In fact, they could have done it with a warrant even if NO ONE had been present.

    If any incriminating evidence is obtained from these computers, can it be used in court?
    Maybe. See above responses.

    - Carl

  3. #3
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Possible Illegal Seizure via Search Warrant in California

    I'm not sure of the rules in California but many jurisdictions provide for a procedure whereby you can file a motion seeking restoration of property. Contraband is excluded from repossession and if the property still has the potential to be used as evidence a court will not normally order its release.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possible Illegal Seizure via Search Warrant in California

    Correct.

    The police here will generally not release evidence seized on a warrant or otherwise without written permission from the DA or a court order. Our general policy is to retain the property until even the time to appeal has passed.

    - Carl

  5. #5
    Join Date
    Mar 2007
    Posts
    12

    Default Re: Possible Illegal Seizure via Search Warrant in California

    Is there Federal provisions NOT allowing state and local authorities to seize income tax returns because of the "personal" nature of these documents? Aren't these powers to seize such documents limited to ONLY allow Federal Authorities to do so? If this is the case, what are the section(s) of the Penal Codes surrounding such an event?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possible Illegal Seizure via Search Warrant in California

    Nope. Tax documents can be legally seized in a manner similar to any other documents. Generally this would be pursuant to a warrant, but nothing makes them so special that they must be immediately returned if they are in a stack of papers seized with a suspect's personal belongings at an arrest.

    - Carl

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