Q: Police MUST return all property not contraband&used in convictions according to people v. Lamonte, D026139 (1997).True?
Offences you were convicted of not someone else. No restraining order or domestic violence is involved.
Any contravening precident to lamonte?
Any governing rules other than Cal. Evid. §1417.6?
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A:
In the case of People v. Lamonte, D026139 (1997), it is true that police must return property that is not contraband and not used in convictions. This means that if you were convicted of an offense, the police should return your property unless it was illegal to possess or directly involved in your conviction.
There are other governing rules such as California Evidence Code §1417.6, which addresses the return of property after a case has concluded. This code ensures that any property seized but not used as evidence in court must be returned to its rightful owner.
No specific precedent contravening Lamonte directly negates its ruling, but various circumstances and updates in law could affect its application. It's important to consult the latest legal guidelines and, if necessary, seek advice to ensure your rights are protected.
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