How to get back illegally seized evidence if the state refuses?

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How to get back illegally seized evidence if the state refuses?

My case was dismissed 2 months ago on a disseminating child pornography charge that happened as a result of sexting with my ex (she was 17; I was 19). Now the case has been dismissed because expert witnesses (doctors) verified the picture wasn’t lewd (showed genitals) and the picture wasn’t illegal to possess because, she was above the age of 16 but the police when returning evidence seized kept my hard drive to my laptop with no legal reason. I have 2 years of writing and recordings on that and I really don’t want to start my work all over. What action must be taken?

Asked on March 27, 2012 under Criminal Law, Maine

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

It appears that your hard-drive was legally fore-fitted as evidence in your particular case. Once a case has been dismissed, you must file a return of property notice/motion to either the forfeiture department of the prosecutors office or the police department who confiscated the evidence. Judges are sometimes able to issue an order to return all property seized from you during your criminal proceeding. If you had an attorney in this matter, I would mention your intent to retrieve your hard-drive and see what assistance they can provide to help facilitate the process.


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