Legal Question in Criminal Law in California

I was under suspicion for burglary. Arrested my wife. Executed search warrant of rented storage unit. Asked wife if they could search house. During search police confiscated wifes laptop and my desktop computer. They asked and she said yes, due to threat of returning with search warrant. I then turned myself in and was arrested. Was it legal to take computers and can I get them back?


Asked on 3/08/14, 2:42 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If your wife consented to the search and the seizures, then they were probably valid. I can think of some arguments that might work for you depending on the specifics, but they seem like long shots.

If the authorities are treating the computers as evidence, then you probably can't get them back until the case -- including any appeals -- is over. (You could get them back sooner if the authorities decide they're not useful as evidence.)

What you need to do right now is get a lawyer. A competent defense attorney can help you with these and other issues.

Good luck.

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Answered on 3/08/14, 2:51 pm


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