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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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My house was raided with a firearms warrant, I was given bail

Customer Question

My house was raided with a firearms warrant, I was given bail after an interview, they however kept my laptop it's been a month and they still haven't given it back, it has all my business information, I am losing money as I am unable to work without a laptop. Anything I can do about this?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

On what grounds have they kept the laptop?
Customer: replied 3 years ago.

I have no idea what my laptop has to do with a shooting.


 


I was arrested on 2 counts of attempted murder, after spending 28 hours in a cell, I was bailed, for 1 count of attempted murder.


 


Just because I match the description 'fat, white, pointy nose'.


 


My bail return date is next week, my conditions included everyday sign-on at police station between 13-14.


 


They even seized passports and some other paperwork.


 


No 101 was given, my solicitor has been calling and emailing them twice a day from the 13th of august. The OIC made up bullshit until the day I went to court to get my bail conditions changed.


 


They are delaying things, my sales have gone down by fifty percent....


 


3 witnesses tried to ID me on a video parade and couldn't.


 


I don't know what trident is trying to do. Just pure harassment I think.


 


 


 


 

Expert:  Jo C. replied 3 years ago.
What is your bail back date please?
Customer: replied 3 years ago.
September 4th,which will most likely end up in a rebail or, another interview and a rebail
Expert:  Jo C. replied 3 years ago.
Are you asking if you can make an application for its return?
Customer: replied 3 years ago.

Yes

Customer: replied 3 years ago.

Also if I can, is there a timeframe where they have to return it?

Expert:  Jo C. replied 3 years ago.
Thanks.

You can always make an application to the Magistrates Court using the Police Property Act but you have to show that the laptop is held unlawfully.

They can hold anything that is being investigated for, evidence for evidence or is unlawful per se,

Clearly this will fall into the first category. On the face of it, this would not seem connected the allegatuion so one wonders why they need your laptop but obviously I haven;t had full vision of this case.


Can I clarify anything for you?


Jo
Customer: replied 3 years ago.

I am aware of that act, but I'm worried that if I ask for the return of the property, they might investigate 'why I need it back' which in result will mean that they would make a copy of my hard drives, keep the original and give me a copy back which defeats the purpose as I won't be able to do anything with the copy drive.


 


 


The OIC said we could get it back, but now he doesn't answer the phone.


 


Solicitor talked with someone higher ranking, and he said that it's being kept because the police have to seize all electronics and check them for child porn... That it has nothing to do with their case, and once they complete their checks they can give it back...


 


It's been a month. I don't know what to do.

Expert:  Jo C. replied 3 years ago.
Its rather inconsistent to say that you can have it back but then say its been forensically examined

Are they going to find anything on it?
Customer: replied 3 years ago.

They haven't started examining it, don't think so.


 


And no they are not going to find anything

Expert:  Jo C. replied 3 years ago.
They have to have some reasonable suspicion to start looking for child pornography. It doesn't need to be a lot but there needs to be some grounds. They cannot go off on a frolic of their own entirely and the Police Property act would not allow that.
Customer: replied 3 years ago.

They told my solicitor that all seized laptops are checked for child porn

Expert:  Jo C. replied 3 years ago.
Well, they may be but there should be some allegation to suggest that they will find something there to conduct these investigations.
Customer: replied 3 years ago.

They simply do what the British police does best, harassment and cause you distress.


 


 

Expert:  Jo C. replied 3 years ago.
Yes, that might be right.

But the only way you can challenge that is to go to court.
Customer: replied 3 years ago.

What would you say, should I do it before my bail return date? Or after (when they rebail me)

Expert:  Jo C. replied 3 years ago.
Sorry for the delay.

The later you leave a police property act claim the better your chances of success generally.

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