Los Angeles, CA asked in Civil Litigation and Criminal Law for California

Q: how long the sheriff can hold my phone and computer as "evidences" when they confiscated without a warrant.

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

if it is evidence it will be a long time before you get it back........if at all.

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: If the seizure was for investigation of a criminal offense, they could conceivably keep the property for the length of time equal to the statute of limitations for the filing of charges on the crime, for example 1 year on a misdemeanor, 3 years on a basic felony.

There is a Motion for Return of Property ( under Penal Code sec.

1538.5 ) that can be made to ask the court to order the property released, if no charges are filed.

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