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dpinsd

Junior Member
What is the name of your state? California

Hello, I am apart of a ongoing homicide investigation. The investigation has been going on for over a year now, and nothing had come of it. I am to be believed as a person of interest. My home was search warranted and the police took lots of stuff, most of which were irrelevant to the case at hand. One of which was a photo album with vacation pictures, and other miscellaneous pictures.

My question is what are my rights as far as obtaining my good back. Why cant the police make copies of everything and return my things. I understand things are returned when the case is solved, but what if it is never solved. Are my things gone for good.

Thank you so whoever can answer this. I do have a criminal attorney but he is in trial right now, and this question keeps coming up in my mind.

Thanks again.
Dennis
 
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xylene

Senior Member
Police seized items will eventually be returned.

You are a suspect in a serious crime.

Work with your attorney and do not make waves.
 

CdwJava

Senior Member
My question is what are my rights as far as obtaining my good back.
Unless they are released by court order, the police are NOT going to return potential evidence.

If you think you should get certain items back, talk to the police and then the DA. If they do not want to release the items, hire an attorney to go to court and seek their release ... if you can.

Why cant the police make copies of everything and return my things.
Because the Evidence Code generally requires presentation of "best evidence", and a copy of a picture, a computer drive, document, etc., is not "best evidence".

I understand things are returned when the case is solved, but what if it is never solved. Are my things gone for good.
They might be. There is no statute of limitations on homicide in CA, so they may be able to keep the items for years so long as the case is open and they can convince a court that you are a potential suspect.

Consult your attorney if you want to try and get some things back. He can try, even if he will not succeed.


- Carl
 

xylene

Senior Member
Unless they are released by court order, the police are NOT going to return potential evidence.
That's true.

My advice assumes you are eventually cleared as a suspect (and your family photos are not relevant as evidence)

Of course the lawyer will be involved.

If you are tried and or remain a suspect you may never see the seized items again.
 

tranquility

Senior Member
There is nowhere near enough information to help you. I advise you don't provide enough information to the public, but to your attorney and ask him. My goodness. A person of interest in a homicide investigation? You're worried about getting your pictures back? Talk to your attorney. Talk to your attorney. Talk to your attorney.
 

dpinsd

Junior Member
Thanks for all the quick reponses. Its a dumb situation, and the only reason I even care about the things taken from me, is because I didnt do anything wrong. I understand and respect the legal system and the detectives, and they are just doing their jobs, but sometimes I feel ike enough is enough. The photo album was just taken because it was their to take. There was no reason for it.

Dennis
 

Just Blue

Senior Member
Thanks for all the quick reponses. Its a dumb situation, and the only reason I even care about the things taken from me, is because I didnt do anything wrong. I understand and respect the legal system and the detectives, and they are just doing their jobs, but sometimes I feel ike enough is enough. The photo album was just taken because it was their to take. There was no reason for it.

Dennis
In a general sort of way I can think of many reasons that they might find photos interesting.
 

CdwJava

Senior Member
In a general sort of way I can think of many reasons that they might find photos interesting.
Ditto!

I know of a great number of investigations where otherwise innocuous photos provided a key to solving the mystery! These albums can be very telling if there is anything there to tell.

- Carl
 

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