Legal Question in Civil Rights Law in California

How to recover property taken - Unjustifiable search warrant

In 1991, my husband was injured at work, he had a crushed pelvis & 7 broken vertabres. It took years for his rehab & re-educating. Workmans comp covered his training & they gave my husband a choice of (around 10 schools) what school he wanted to attend.

For approx 6 mos, my husband attended training at one of the schools from the workmans comp list.

Then on June 9th,1995, our home was served with a search warrant! Apperently the school my husband was going to had been frauding Uncle Sam. The ''state police'' & other police arrived at our house at 6:30am, with guns drawn. They had atleast 9 vehicles & a sketch artist to draw our home. They searched our home for hours, while my husband & I had to stay seated.

Finally, the search was over, & the police took atleast 4 medium size boxes for evidence. The police did give us a pink form stating that they took boxes containing personal property/paper records, ect...

As of that day we have heard nada, no court appearance, no testimony, nothing.

My question is; Aren't we entitled to our property being returned to us?


Asked on 3/07/05, 12:24 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: How to recover property taken - Unjustifiable search warrant

You waited nearly 10 years to pursue this??!? Even if the police wanted to return your stuff, I wonder whether they would even be able to find it at this point. The statute of limitations is almost certainly up. You snooze, you lose. Cal. Civil Code Section 3527.

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Answered on 3/09/05, 3:40 am


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