Legal Question in Criminal Law in California

Reclaiming Evidence

A computer was seized as evidence in a case. The case

was settled the defendant pled guilty and was

sentenced to one year in county jail. The computer

actually belonged to the defendants mother when she

attempted to get it back the police told her that they

would keep it until after the defendant was released

from jail. The family needs the computer for homework

e-mail etc. Is there a remedy for this? Is it legal to

keep the computer even though the evidence if any is

the information not the


Asked on 10/25/01, 4:11 pm

2 Answers from Attorneys
David Beauvais David J. Beauvais

Re: Reclaiming Evidence

Since the police won't cooperate, you should contact the district attorney's office and ask for its release. If this doesn't work, you should file a motion in the criminal case for return of property. The statute that applies to this situation is Penal Code section 1538.5.

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Answered on 11/22/01, 5:22 pm
Victor Hobbs Victor E. Hobbs

Re: Reclaiming Evidence

Go to the D. A. that was in charge of the case and have him/her sign a release slip. Provide the D. A. with a description of all the property to be returned such as the serial and model number of the computer, key board, screen, etc. As much information as you have or otherwise the police will refuse due to poor or non existent description of the property. Their own slip showing this information would be a good place to start.

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Answered on 11/22/01, 11:57 pm


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