Legal Question in Criminal Law in California

Sherriffs seizied property from home

In Sept of last year sacto sherriffs came to my mom's house after she was arrested at store for shoplifting they were not invited in as soon as step dad answered door arrested him said no food or diapers that was crap took us kids to receiving home. sheriffs dept took anything and everything of value wrote down what they choose all without search warrant. No charges were filed D.A has issued 3 release of property forms for my mom,sheriff refuses to give back anything without reciepts or court order. talked with judge he stated he needs to hear both sides now I'm told I need to file a civil suit against sheriffs! There has to be a easy way I't was seized illegally my files are gone also! they know that!!


Asked on 8/23/01, 10:06 am

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Sherriffs seizied property from home

This is the second time this situation has been answered. Have someone call the sheriff and talk nice to them. They are holding the property because they think the D. A. might get talked into filing again or in the future.

Then go to the County Clerk's Office and get a governmental claim form, fill it out, and serve the county clerk. Before you may sue in civil court you must file a governmental claim, and that has to be done within 180 days of the incident.

Then type up an order for the judge to sign, mail a copy to the D. A. and sheriff, and set a motion (may have a problem here in so much as there is no case number). All the while have someone keep talking to the sheriff, and when their evidence locker gets filled up they'll release your stuff.

They normally need all the room they can find to hold evidence.

The sheriff doesn't want to release your stuff. Then have the D. A. change their mind and refile. Who ever talks to the sheriff should be asking for the supervisor. See if you can get the release slip signed by the head D. A. in that court.

All the while keep your cool. That's why you should have someone not so emotionally charged up call the sheriff. But keep pressure on the sheriff's department.

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Answered on 8/23/01, 7:16 pm


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