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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 10-25-2004, 11:51 PM
pg7148
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Statute of limitations wrt/seized evidence


What is the name of your state?Colorado *background first*
I was served with a warrant and had property seized around late august I was not arrested and have not yet been formally charged, although there was a report filed with the sheriff's dept. stating charges that ?MAY? be filed - one of which was a felony - I was never presented with said document.
Question 1) How long can they hold my property without bringing charges?
Question 2) Can evidence seized be used for bringing charges other than those that were related to the nature of issuing of the warrant (i.e. your investgated for burglary and they discover your also have illegal software or pirated music, etc. on a seized computer) can additional charges be filed without this being a violation of my constitutional rights?
Question 3) Is there a limit to how long they can take before actually filing charges?

Thanks also if you would note any statutes that you may find, I have only found one so far: 16-5-401

Thanks again...

Last edited by pg7148; 10-25-2004 at 11:57 PM. Reason: spelling
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Old 10-26-2004, 01:14 AM
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Quote:
Originally Posted by pg7148
Question 1) How long can they hold my property without bringing charges?
Aslong as they want to absent a court order releasing it. Sometimes if you get a letter from the DA authorizing the realease they would be willing to release it.


Quote:
Question 2) Can evidence seized be used for bringing charges other than those that were related to the nature of issuing of the warrant (i.e. your investgated for burglary and they discover your also have illegal software or pirated music, etc. on a seized computer) can additional charges be filed without this being a violation of my constitutional rights?
Yes. If the evidence leads to something else, as long as it was lawfully seized it can be used for other lawful purposes.


Quote:
Question 3) Is there a limit to how long they can take before actually filing charges?
Whatever the statute of limitations is for the offense they are considering.

- Carl
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