Questions

[titansfan57]

Hello,



I am being suspected of Sexual Exploitation of a minor in Tennessee. They came in and executed a search warrant at my fathers house( I was living on my own at the time) on March 16th, 2011. My questions are


1. How long can they hold an item that has nothing illegal on it?
2. Is there not anyway I can request an independent group to monitor what they are doing to decrease the possibility of Police Misconduct.
3. They didn't take the router to the computer which could hold exculpatory evidence on it, so is there a chance to have the case dismissed due to the police neglecting to seize such an important piece of evidence, therefore tainting the Chain of Custody.
4. I don't even own the computer in question, and many people have access. Does that matter?

Any help would be great!

 

[FlyingRon]

1. How long can they hold an item that has nothing illegal on it?

It doesn't need to have something illegal on it, just potential evidence of the crime that they are investigating.

2. Is there not anyway I can request an independent group to monitor what they are doing to decrease the possibility of Police Misconduct.

Based on your assertion of potential misconduct? No. The thing that guarded against the misconduct originally is that they had to actually go to a judge to convince him to sign the warrant to begin with. You can petition a judge for a return of the materials, but you really need to consult a lawyer apprised of *ALL* that is going on before you start making such requests.

3. They didn't take the router to the computer which could hold exculpatory evidence on it, so is there a chance to have the case dismissed due to the police neglecting to seize such an important piece of evidence, therefore tainting the Chain of Custody.

They aren't looking for exculpatory evidence, they're looking for evidence of the crime. You should consult your own lawyer about safeguarding evidence that will be helpful for your defense.

4. I don't even own the computer in question, and many people have access. Does that matter?

If you have access to it, ownership is immaterial. The fact that others have access may be something that you can challenge at trial, but the fact that you did have access to it and there was sufficient probable cause is enough to have it taken in evidence.

Since you're facing very SERIOUS charges here, you should be talking about all this with a lawyer. This is NOT a DIY job.