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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Assume a California search warrant has been issued to search

Customer Question

Assume a California search warrant has been issued to search a California residence and to search items of personal property (documents, computers, CD's, hard drives) within the residence seeking evidence of illicit still photos and video footage.

Assume the on-site search did not immediately reveal any evidence of criminal activity.

Assume the local law enforcement agency suspects, but has no reason other than ‘his gut instinct’ that there may be evidence revealed through forensic examination.

Must the items be examined only on-site?

Must the California search warrant state which, if any, items will be removed to an off-site facility for closer scrutiny?

How much time does such an off-site facility have to perform its forensic examination?

Offer your comments on: Assume that, even in absence of evidence indicating criminal activity, the items listed above were confiscated.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 6 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

As a general matter, whatever items are described in the search warrant, those items can be "seized" and removed from the residence for further testing/examination.

JB Umphrey :

There is no generic legal deadline for the facility to have its examination completed by.

JB Umphrey :

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!