search and seizeure

[miste]

What is the name of your state? missouri
my sister who lives with me was arrested at our home for theft by deseption. needless to say the police wandered around our home at will. when asked for my id i sent my 18 year old son to thhe office for my purse an officer followed him and said ahh huh we have a computer in here the olny part that could be seen was the monitor as the modem is in a closed cabint under the desk
on of them said can we take it i told him no it was my computer not my sisters. he kept on and on about search warrent and i kept telling him no thhe next thing i know one of them has the modem at the front door i said what are you doing he said siezing evidence, my name was ran and came back clean i ask for a receipt for my computer he said not when it is evidence. this seems illegal to me, the papers for the computer are all in my name. this warrent was out of another county i talked to thhe other county and they never asked for the computer in the first place so no warrent coulld have been attand. this county still refuses to release my computer and it has been 3 and a half weeks. any ideas or opinions?

 

[hexeliebe]

A search warrant must contain not only the items being searched for but also the premises to be search. Therefor, from what your post states, this was an illegal search.

HOWEVER, the first thing you need to do is speak with an attorney in your county to ascertain whether the search warrant was served legally in your county.

 

[miste]

there was never a search warrent served there was never any kind of papers shown that day noot even an arrest warrent for my sister. i have contacted an attorney he has wroote one letter to thhe corpral that took thhe computer and now says the ball is in there park. i don't claim to be smart but it seems like he could just demand the return or threatened them with something.

 

[hexeliebe]

Let your attorney handle the matter. There could be all kinds of reasons for him to let them answer before charging in like an idiot, not the least of all is to let them hang themselves with civil charges.

Have patience.