My son moved out of my home several months ago. Last month the police came to my home with a search warrant for all electronic devices belonging specifically to him. My daughter showed them he did not live here, allowed them to take anything they wanted from his room (they took notebooks, journals, ..nothing electronic) and they also took a computer from our living room. My son did not use this computer. It does not and never did belong to him. I've contacted the police to tell them we need it returned since school starts again soon but they ignored us. What is the next step to take? It also looks like the case against my son isn't going anywhere. They went to his new residence (same day) and searched without a warrant or consent. We live in Massachusetts.
Speak to an attorney who will contact the police and the DA's office
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Because the police had a search warrant, their seizure of the computer was not illegal. Your son may have moved out several months before, but if the computer was at least that old, it is possible (from their perspective) that he had used it prior to that.
Having said that, the police need to let you know whether the computer is being held as evidence. It is possible that in the month since they took the computer, they have not had time to analyze the contents to determine whether it contains evidence. Since you have contacted the police, I would go to the department and request return of the computer or get an explanation of why not. They should have a valid reason for keeping it, and if they do not, they need to return it. If that fails, contact the district attorney's office and do the same thing.
Only after attempting to get it returned on your own would I suggest contacting a lawyer to obtain it for you.
Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.
"Last month the police came to my home with a search warrant for all electronic devices belonging specifically to him. My daughter showed them he did not live here, allowed them to take anything they wanted from his room (they took notebooks, journals, ..nothing electronic) and they also took a computer from our living room."
On the facts as you state them, there seems no basis for your claim of "illegally seized property." What was taken was reasonably perceived as evidence and will be treated as such. Unless and until you can show that your son had nothing to do with that computer, your chances of it being returned prior to the completion of the trial is nil.
Your son's attorney may be of some assistance in this matter. If not, you may have to retain your own. The Mass. and Middlesex bar associations can assist you with referrals.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
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