Q: What is the legal basis to hold property taken under a warrant that is not to be used in a court of law?
Hypothetically if I cut someone and the police come into my home and take 3000 knives including all my butter knives, Steak knives and samurai swords and my rambo knife and such etc..., back to the lab and find one has blood on it, then label it states evidence A and detail it in the discovery in a case against me.
What is the legal justification to take/keep the other 2999 knives?
(other than a weapon/safety issue)
As I see it... A warrant allows them to come into my home and take evidence or to take items that may be evidence, fine.
then wouldn't keeping property that they have determined to be not evidence i.e. not listed in any discovery, then be considered felonious activity and void the warrant?
Every lawyer and cop I talk to says they can keep my property forever. this to me sounds unjust and illegal and a violation of the 4th amendment. I at least need to be notified of a date they will be returned simply telling me they can keep my property forever is not right.
A: As a hypothetical question, the answer in my opinion would be as follows: Once they have no further need for the evidence (normally once the criminal case against you is closed either by a conviction, acquittal, dismissal, or decision not to prosecute); one could think of many justifications they could use to keep the 2,999 butter knives), they should return your property to you. There are sometimes situations under which the authorities can seize property (most commonly, automobiles) used in the commission of a crime, but that wouldn't apply in this hypothetical (with the exception of the one weapon actually used in the crime). Also, they cannot keep such things for some "weapon/safety issue". Normally you are entitled to keep weapons (with a few exceptions that don't apply here) in your home, even if someone believes they are "unsafe".
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