Legal Question in Civil Rights Law in California

I was told I "have to" give up my computer to the officer (I had already been arrested and he wanted to check my computer for more evidence regarding my case). Another officer later told me this was my fault, my ignorance of my rights, and that I could just have said "no" when the officer was telling me that I had to surrender the computer. On the official record it says I voluntarily gave the computer to the officer, but I feel I didn't "voluntarily" give it to him, since I thought I had no choice.

Apparently I can try to speak with the officer, have him realize that what he reported is different from what happened, and add another report on top of what is already there. But nothing on the official record can be changed.

Will anything found from my computer get me in trouble as far as being used as evidence for current case, or opening another case?


Asked on 12/04/12, 11:47 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Whether you were misinformed or not, whether you screwed up or not, once property is seized, no matter the reason or objections, your remedy is a motion in court for release and return if police won't release it upon your written request. You can make all your factual claims and arguments in that motion as part of your criminal defense if arrested and charged.

Yes, of course, whatever is found in a search "can and will be used against you in a court of law" unless you succeed in an evidence suppression motion.

If serious about hiring counsel for your defense, feel free to contact me.

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Answered on 12/04/12, 6:04 pm


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