Return of seized property

[bettyhighlander]

What is the name of your state (only U.S. law)? Kansas
Around 9 months ago police came to my door with a warrant to seize computers and electronic devices that had access to the internet. This warrant was because someone was sending harassing text messages to a girl my daughter went to school with. The girl hired a PI which sent some signal that supposedly said they came from my house. Long story short, they took our 3 computers, 4 cell phones, (one of which wasn't even ours, it was my son's girlfriends phone) and and ipod touch. My daughter and I were brought down for questioning to see if we knew anything about the text messages. We did not, but they still have all our things.
We were not arrested or charged with anything. This is a HUGE hardship for us losing all our computers and phones and a phone that didn't even belong to anyone living in the house. We are getting by with borrowing laptops and we bought some phones from ebay but we are unable financially to replace what they took.
Question is how long can they legally keep our stuff? I've called the detectives several times over the first few months but not once has she ever answered her phone or returned my messages. I have given up but I feel they can't do this. It doesn't seem right that they can take all our very expensive things. Certainly it doesn't take 9 months to find whatever evidence they are looking for.
Any advice?

 

[racer72]

You need to do something you should have done 9 months ago, hire an attorney.

 

[swalsh411]

Actually it can take that long. This won't have as high a priority as a case involving child pornography, wire fraud, terroristic threats, or any number of other crimes. Your stuff is probably sitting in a warehouse somewhere waiting for somebody to look at it.

 

[Zigner]

Actually it can take that long. This won't have as high a priority as a case involving child pornography, wire fraud, terroristic threats, or any number of other crimes. Your stuff is probably sitting in a warehouse somewhere waiting for somebody to look at it.

I suspect this is being investigated as terroristic threats.

 

[bettyhighlander]

I actually did speak to an attorney last summer about this. He called the detective and she told him they were almost done with one of the computers, but that was 7 months ago. I feel like they are done with all of it but just let it sit there only to aggravate me. I really feel like they do this on purpose. She told me right when they took the stuff it took 3 days to get info off an ipod. Plus one of the ipones isn't even mine, it is my son's (now)ex-girlfriend. That was 9 months ago. If I can't afford to replace my things I also can't afford an attorney (The one I spoke to didn't charge me) but he did say they were looking for evidence of harassment or stalking. Is there anything I can do (besides calling the detective again but she never answers or returns my calls) myself that will get my stuff back. I just don't know the law, or if I have any legal rights here.

 

[Zigner]

I actually did speak to an attorney last summer about this. He called the detective and she told him they were almost done with one of the computers, but that was 7 months ago. I feel like they are done with all of it but just let it sit there only to aggravate me. I really feel like they do this on purpose. She told me right when they took the stuff it took 3 days to get info off an ipod. Plus one of the ipones isn't even mine, it is my son's (now)ex-girlfriend. That was 9 months ago. If I can't afford to replace my things I also can't afford an attorney (The one I spoke to didn't charge me) but he did say they were looking for evidence of harassment or stalking. Is there anything I can do (besides calling the detective again but she never answers or returns my calls) myself that will get my stuff back. I just don't know the law, or if I have any legal rights here.

Go in person to ask.

 

[bettyhighlander]

I suppose I could, but I live a long way away. If they always tell me when I call she is not in (And I've called probably 2 dozen times over a 2 month period) I'm certain they would tell me the same thing if I went all the way down there. I just didn't know if legally they had to return it in a reasonable amount of time, which to me is the amount of time it should reasonably take to look through it. I think it's reasonable to assume 9 months is more than enough time.

 

[Mt_Vernon]

I feel like they are done with all of it but just let it sit there only to aggravate me. I really feel like they do this on purpose.

You may be right. I have read somewhere that police will keep people's computers for longer than necessary, just to be punitive. But you're not going to get anywhere unless you go to court and demand the stuff.

So, find a lawyer who can help you pro bono, or go to some legal aid clinic near your home.

 

[quincy]

bumping deleted thread off main board

 

[Mass_Shyster]

I suppose I could, but I live a long way away. If they always tell me when I call she is not in (And I've called probably 2 dozen times over a 2 month period) I'm certain they would tell me the same thing if I went all the way down there. I just didn't know if legally they had to return it in a reasonable amount of time, which to me is the amount of time it should reasonably take to look through it. I think it's reasonable to assume 9 months is more than enough time.

Call every day and leave a message asking if they have finished, and if you can come pick up your property.