Legal Question in Criminal Law in California

I was arrested and my brand new laptop was taken from me as potential evidence. No charges were filed and the case was dropped, but almost 8 months later I still do not have my laptop back. The detective is no longer taking or returning my calls. Do I have any recourse?


Asked on 7/06/11, 2:04 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Call his commanding officer and tell him the situation. Tell him you do not want to have to file a claim and make an internal affairs complaint and then file a law suit against the police but what chose do you have?

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Answered on 7/06/11, 4:33 pm
Terry A. Nelson Nelson & Lawless

Since you didn't do any of the things required to properly seek return of the property at the time, there is no assurance the property was not disposed of. They are not required to hold it forever. However, you now need to formally request [that means in writing like you were supposed to do originally] return by the police dept. If they refuse, then you need to file a motion in the court where the charges were. If they say it is 'gone', you have no recourse other than a government claim for damages, which also must be timely made.

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Answered on 7/06/11, 6:54 pm
David M. Wallin Law Offices OF David M. Wallin

Before I can fully address that question, I would like to know why they took the computer. If they took it because they thought it was stolen, then I agree with the other attorneys who have responded to your question. If, however, they took the computer because they believed it contained anything like child pornography or some other information which may be part of a larger investigation, I would not be so quick to act as the other attorneys have suggested. You should speak to a qualified attorney in or near your area, and discuss all the facts BEFORE you take any action. And, as always, if you are the suspect in any criminal investigation, you should NEVER speak to law enforcement and ALWAYS get advise from an attorney qualified in such matters.. I wish you the best....David Wallin

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Answered on 7/07/11, 7:35 am


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