Search Warrents

[sloane]

What is the name of your state (only U.S. law)? Hi everyone, its been a while since I have been on. hopefully this will be my last question.

history:
son had RO placed on him. he was 17 yrs of age.

she has accused him of breaking RO numerous times and all the court cases and everything else, found him not guilty.

on one of the accusations where she accused him of stalking her on the computer, they came with a search warrent and took his computer and cell phone.

Now that all these cases have been thrown out, and we are ending the year of this horror show in regards to this RO, how do we get back my kids computer and phone.

I talked to our lawyer for a month and he keeps saying its up to the DA. I think he is just blowing us off.

DOes anyone know if i have to request it formally, get a court date, or what? It was an apple computer and apple iphone Very expensive, and we want it back.

 

[quincy]

What is the name of your state (only U.S. law)? Hi everyone, its been a while since I have been on. hopefully this will be my last question.

history:
son had RO placed on him. he was 17 yrs of age.

she has accused him of breaking RO numerous times and all the court cases and everything else, found him not guilty.

on one of the accusations where she accused him of stalking her on the computer, they came with a search warrent and took his computer and cell phone.

Now that all these cases have been thrown out, and we are ending the year of this horror show in regards to this RO, how do we get back my kids computer and phone.

I talked to our lawyer for a month and he keeps saying its up to the DA. I think he is just blowing us off.

DOes anyone know if i have to request it formally, get a court date, or what? It was an apple computer and apple iphone Very expensive, and we want it back.

Although it is possible you will need a letter from the DA releasing the property to you, generally all you need is the "property voucher" that was given you when your items were confiscated and your ID (drivers license, passport, whatever). Take these to the agency that is holding your property, present the ID and voucher (and letter, if necessary) and your property should be returned.

Your property should only continue to be held if the investigation is ongoing, or if it is needed as evidence, or if it is illegal to possess (i.e., if illegal drugs were confiscated, you are not going to get those back ).

Good luck.

 

[CdwJava]

I forget what state this was in. But, in most states (if not all) the DA cannot release property seized by a search warrant, only the court can do that. Your attorney would have to make a motion before the court to seek the return of the seized items. And if the matter is still under investigation, that may not happen.

 

[quincy]

I didn't think to check this before I posted earlier but sloane is in Massachusetts.

In Massachusetts, the return of property confiscated during an investigation is covered under MGL Chapter 276 Section 3:

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section3

 

[CdwJava]

Which states, in short, that the court is the agency that may order it returned.

 

[quincy]

Which states, in short, that the court is the agency that may order it returned.

That is sure what it appears to say.