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How long case expire after search warrent?

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runfree

Junior Member
What is the name of your state (only U.S. law)? California

How long does statue of limitation after police seized properties by a search warrant but no arrest has made and now the case over one year?

Thanks!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California

How long does statue of limitation after police seized properties by a search warrant but no arrest has made and now the case over one year?

Thanks!
What do you mean by "case over?" What sort of case?
 

quincy

Senior Member
Well there is no case.. The police came in and seized some properties but never heard from since.. it's potential criminal case I believe.
There is no case?

Whose property was seized, what property was seized, for what purpose was the property seized ... ?

If there is an ongoing investigation and the property that was seized is relevant to the investigation, the property can be held until it is no longer necessary to the investigation/legal action. If the property that was seized was illegal for the owner to possess (e.g., drugs), it won't be returned.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? California

How long does statue of limitation after police seized properties by a search warrant but no arrest has made and now the case over one year?

Thanks!
The statute of limitations vary by the type of crime. MOST felonies have an SoL of 3 years, but many have longer terms - and it varies as to whether that time might begin at the time of the offense, the time of discovery, or the age of the victim. Since most misdemeanors are not eligible for search warrants to b e issued, it is doubtful that this is for a misdemeanor, but on the off chance it is for misdemeanor larceny of some kind, that would be ONE year.

Some facts might be helpful.
 

CdwJava

Senior Member
Well there is no case.. The police came in and seized some properties but never heard from since.. it's potential criminal case I believe.
If they came with a search warrant, it was not so simple, and they would have had to provide a judge with probable cause to believe that evidence of a crime existed where they sought to search.
 

runfree

Junior Member
If they came with a search warrant, it was not so simple, and they would have had to provide a judge with probable cause to believe that evidence of a crime existed where they sought to search.
It was my friend's. Computers, cameras, laptop were seized. They are legal. How long the property can be held like this? Also they never leave the receipt of the property taken. Can it be safe to say the investigation no longer investigating? It's been over a year since the seized. The police never contact nor trying to contact them.
 

CdwJava

Senior Member
It was my friend's. Computers, cameras, laptop were seized. They are legal. How long the property can be held like this? Also they never leave the receipt of the property taken. Can it be safe to say the investigation no longer investigating? It's been over a year since the seized. The police never contact nor trying to contact them.
The SOL depends on the crimes alleged. In theory, they can hold it forever ... or, until the owner of the property successfully convinces a court to release the property.

I find it very unlikely that no receipt was left at the scene. If that was truly the case, then the seizure was very sloppy and your friend might want to obtain a copy of the receipt from the agency or the court.

Your friend should speak with an attorney who might be able to advise him on how best to proceed. Since whatever they are investigating might still be an active investigation, he would be best advised to proceed only with the advice of an attorney.
 

runfree

Junior Member
My friend did already hired an attorney since the day of search warrant. The detective were in told to come get the recipe the next following Monday in the station. But my friend never went from the advice from attorney. Also the attorney also tired to contact the detective on that Monday but no one answer nor return call. The police were never contact the attorney either. Few months later, my friend follow up with attorney and asked for suggestion. The attorney suggested that try getting the evidence back, if they don't want to release it probably means they want to hold for evidence. But my friend suggested don't contact the police so it won't reminds them. Since then nothing heard since. What do you think? The evidence can hold forever? That would be really waste of resources space?
 

CdwJava

Senior Member
My friend did already hired an attorney since the day of search warrant. The detective were in told to come get the recipe the next following Monday in the station. But my friend never went from the advice from attorney. Also the attorney also tired to contact the detective on that Monday but no one answer nor return call. The police were never contact the attorney either.
The detective is under no legal obligation to speak to your attorney.

If your friend still does not have the receipt, he can probably get it from the court record. Any items seized pursuant to a search warrant have to have a record turned over to the court.

Few months later, my friend follow up with attorney and asked for suggestion. The attorney suggested that try getting the evidence back, if they don't want to release it probably means they want to hold for evidence. But my friend suggested don't contact the police so it won't reminds them. Since then nothing heard since. What do you think? The evidence can hold forever? That would be really waste of resources space?
If seized pursuant to a search warrant, the evidence will remain with the police or the court until ordered released by the court. The police CANNOT release it absent an order from the court even if they wanted to. And, since this is almost certainly a felony case they are investigating, the So is AT LEAST three years from the time of the offense. When the offense occurred, none of us could possibly say.
 

runfree

Junior Member
Thanks everyone for your advice. Can this case be take this long to investigate? Or they simply put on hold maybe because they are busy or waiting for something?
 

Zigner

Senior Member, Non-Attorney
Thanks everyone for your advice. Can this case be take this long to investigate? Or they simply put on hold maybe because they are busy or waiting for something?
Yes, it can take this long. They could also be busy or waiting. Perhaps your friend needs to follow up on this.
 

quincy

Senior Member
It was my friend's. Computers, cameras, laptop were seized. They are legal. How long the property can be held like this? Also they never leave the receipt of the property taken. Can it be safe to say the investigation no longer investigating? It's been over a year since the seized. The police never contact nor trying to contact them.
First, when property is seized by the police for an investigation, the officer executing the warrant MUST provide both a copy of the warrant and a receipt for the property seized to the person from whom the property is taken or the officer executing the warrant must leave a copy of the warrant and the receipt at the place from where the property was taken. See Federal of Criminal Procedure, Rule 41, Search and Seizure: https://www.law.cornell.edu/rules/frcrmp/rule_41

Your friend should not have had to, or been instructed to, pick up the receipt for the property at the station. But your friend will want a copy of the warrant and the receipt if he wants his property returned.

According to California Penal Code section 1536, to seek the return of property being held by the police for an investigation, the owner of the property must file a motion with the court for its return. The court order is necessary. You will generally need a copy of the warrant and the receipt for the property that is being held when you file the motion.

Although county's in California may vary a bit in forms and procedures, here is a link to San Bernardino County with a sample form. The link provides information on what needs to be included in the motion. http://www.sblawlibrary.org/uploads/7/3/1/1/7311175/sbcll_motion_for_return_of_seized_property.pdf

There is generally little need for equipment like computers and cameras to be held indefinitely as evidence (unless these items were stolen) because, as Zigner said, it will be what is ON the computers or cameras that is the evidence (and hard drives can be removed and there can be - and usually will be - forensic copies made of these hard drives).

But your friend's attorney will be able to tell him if picking up the receipt and filing a motion for the return of the seized property is a step that should be taken at this point. Your friend will want to continue working with his attorney.
 

latigo

Senior Member
First, when property is seized by the police for an investigation, the officer executing the warrant MUST provide both a copy of the warrant and a receipt for the property seized to the person from whom the property is taken or the officer executing the warrant must leave a copy of the warrant and the receipt at the place from where the property was taken. See Federal of Criminal Procedure, Rule 41, Search and Seizure: https://www.law.cornell.edu/rules/frcrmp/rule_41

Your friend should not have had to, or been instructed to, pick up the receipt for the property at the station. But your friend will want a copy of the warrant and the receipt if he wants his property returned.

According to California Penal Code section 1536, to seek the return of property being held by the police for an investigation, the owner of the property must file a motion with the court for its return. The court order is necessary. You will generally need a copy of the warrant and the receipt for the property that is being held when you file the motion.

Although county's in California may vary a bit in forms and procedures, here is a link to San Bernardino County with a sample form. The link provides information on what needs to be included in the motion. http://www.sblawlibrary.org/uploads/7/3/1/1/7311175/sbcll_motion_for_return_of_seized_property.pdf

There is generally little need for equipment like computers and cameras to be held indefinitely as evidence (unless these items were stolen) because, as Zigner said, it will be what is ON the computers or cameras that is the evidence (and hard drives can be removed and there can be - and usually will be - forensic copies made of these hard drives).

But your friend's attorney will be able to tell him if picking up the receipt and filing a motion for the return of the seized property is a step that should be taken at this point. Your friend will want to continue working with his attorney.
What's this? Do I hear an echo?

And you have the brass to accuse others of being repetitiously wordy?!
 

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