Legal Question in Criminal Law in California

Is there a time limit on property being held for ''possible evidence''?

My husband was arrested about a month ago. When he was arrested, the police took his brand new laptop computer (which was in the vehicle he was in at the time). Originally they took him in and theft or possesion of stolen property was one of his charges. By the time he went to court the only thing he was charged with was possesion of a controlled substance. He got the judge to put in the minute order that the P.D. was to be released to me ''if it wasn't being held for evidence'' (because my husband is going to prison for a year).

Upon my contacting the P.D. property room, the clerk called me back to advise me that the officers told her they are still ''looking into'' the computer and it may still be used as evidence. She told me to fax a copy of the minute order to her so that the officers could contact me when they were done with it.

I figure they're just trying to hang on to it. My question is: is there a time limit that they have for deciding whether or not something is evidence? Beyond that, if they should find something on the hard drive they need as evidence, can I get them to return the computer and let them keep the hard drive? I've searched all over and can't find any information pertaining to this specific situation.


Asked on 11/11/05, 5:18 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Is there a time limit on property being held for ''possible evidence''?

Penal code section 1538.5 provides for a hearing before the court for the return of property. You husband should file a motion under this section for the return of the computer.

Read more
Answered on 11/14/05, 3:11 am


Related Questions & Answers

More Criminal Law questions and answers in California