Legal Question in Criminal Law in California

Police raided our home on a Probation Compliance search, arrested boyfriend, as they claim they found a bullet in the home, never showed him the amo, we do not have amo in our home.Anyways,they also took several laptops, ipods, cameras stating they were going to check numbers to see if they were stolen. My boyfriend has since gone to court and they did not file and have a year to do so.A month has passed and I need my laptop back as I have so much school work on it, and none of these items are stolen (One belongs to a customer, I am a PC/ Laptop Repair Tech.) I contacted the Officer in property room and he said arresting Officer will not release property, still investigating, and I need to get a court order. Why? Can they keep these items for the a year since that is how long they have to file? They hold no evidentiary value to this case, again a case has not been filed. This just isn't right! I have to go out of my way to get a court order to get my belongings back ..what does that entail? Costs to file? Attorney? Why do I feel like if I press the issue they will suddenly file this ridiculous charge. I am feeling harassed and violated! Please advise! Thank you!


Asked on 5/07/10, 4:05 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If there isn't a criminal complaint filed, there is no way to get a court order through the criminal court system. A property return order would only be issued once charges had been filed and dismissed. If you are going to file a civil lawsuit, you will first have to file what is known as a governmental tort claim. This is a prerequisite to any civil suit for damages. I suggest speaking to a civil attorney, to learn how to propery initiate the claims filing requirement. I also suggest lodging a complaint with that police department's internal affairs department.

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Answered on 5/12/10, 7:42 am


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