Case study: Computer improperly seized by police

by | Aug 22, 2012 | Law Blog

Actually 2 computers were seized 2.5 years ago. The case went to trial, and an appeal is pending. Can the police continue to hold these computers? On a side note, these computers were seized without a search warrant. Consent was given while handcuffed to a bench after requesting an attorney.

Attorney Roe Response:

The appeal may be a fly in the ointment, but usually your attorney woud simply talk to the DA and obtain a stipulation and release of the items, seek a corresponding court order, bring it to the evidence room, and that should do it. If DA says no to the stipulation, and it is not an item of evidence relevant to the charges, you would file a motion for restoration of property.