Is there a statute of limitations for conversion and claim and delivery of evidence obtained pursuant to a search warrant?

California, United States of America


The following excerpt is from Coy v. County of Los Angeles, 1 Cal.Rptr.2d 215, 235 Cal.App.3d 1077 (Cal. App. 1991):

However, by waiting until 1985 to file suit, plaintiff exceeded the statute of limitations for conversion and claim and delivery. Evidence obtained pursuant to a search warrant is retained and held for the benefit of the court by the seizing agency subject to a court order. (Pen.Code, 1536; Gershenhorn v. Superior Court (1964) 227 Cal.App.2d 361, 366, 38 Cal.Rptr. 576.) When the municipal or superior courts in the present case denied a motion for return of evidence, that constituted, as a matter of law, a demand by the owner and a refusal by the entity holding the property to return it.

Other Questions


Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
What is the burden of demonstrating the inadmissibility of evidence in a motion to suppress evidence obtained in a search pursuant to a warrant? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (California, United States of America)
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.