Legal Question in Criminal Law in California

police holding evidence

If property gets confiscated in a police raid, then the charges are dropped, can the police still keep the property that was seized? A laptop of mine was seized by Simi Valley PD when they raided my computer repairman's house. Now they say that they are copying the hard drive, Is this even legal?


Asked on 10/19/06, 2:56 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: police holding evidence

You may have to file appropriate motions to get a court order for return of the property. However, it sounds like you should expect charges, if there was anything on thae computer that would incriminate you. Contact me if you need legal help.

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Answered on 10/23/06, 3:39 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: police holding evidence

Thank you for your posting. If they are copying information from your hard drive, it doesn't sound like the charges were dropped - in fact, the opposite sounds likely - that they are still investigating as a possible crime.

If the District Attorney agrees in court, or in writing, to drop the charges, you can get an order or stipulation to return property to the rightful owner, upon presenting identification.

Thanks again, and if you do have any further questions, or want more information, feel free to email me at [email protected]. Its my pleasure to assist you in any way that I can.

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Answered on 10/19/06, 3:48 pm


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