Legal Question in Civil Rights Law in California

If a police officer came into my house under my forced permission and took my computer without a search warrant, do I have the right to ask for it back from the evidence room?


Asked on 12/04/12, 3:10 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You can ask anything you like. But, release of seized property will generally require a court order, which you can file a Petition for in court and raise all your allegations and claims. If the DA intends to use it as evidence in a criminal case, it will not be released. They wouldn't have seized it unless they were seeking to arrest you, or someone.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 12/04/12, 10:24 am


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