I spoke to my neighbor who was arrested
last August when a neighbor called the police because his dog
He’s still not completely out of the woods, but his lawyer made
a motion last month to have the evidence thrown out on the basis
that the breakin was improper, and the judge granted the
So the DA can still go through appeals and drag it out, but
they may just drop the case, if they accept that they don’t have
any admissible evidence.
I asked him if that meant he would get his computer back, and
he said he’d asked that too. His lawyer said the next thing the
police would do is apply for “destruction of the evidence”, which
will certainly apply to the alleged marijauna plants, and might
apply to the othe items seized in the breakin. (Not just the
computer, but his camera, printer, monitor…)
I can see claiming that a hard drive is evidence, but I really
don’t see how a printer can be.
Anyway, the lawyer’s advice is that he can fight the
destruction of evidence application, but he advises against it,
on the grounds that it might well cost more time and money than
the equipment is worth.
I’m glad I set up my offsite backup system.