October 26, 2009, 15:14
Robert446Computer Search Warrants
What is the law concerning a search warrant for a computer to have it forensically anlayzed? Specifically, it is taking several months to get a computer forensically analyzed which is way outside the 3-days minus day of signature and execution. Does the lab have to start their forensic analysis within that time or....? The commputer was seized within the execution time period but in no way analyzed or searched within that time period.
October 27, 2009, 08:06
LASYou should contact Eric Devlin, Harris County DA's office. He knows everything!
October 27, 2009, 08:09
Ken SparksWhen the search warrant return is made to the magistrate, the magistrate generally authorizes the law enforcement agency seizing the evidence to hold it. There is no restriction on the time period. Presumably, a defendant could make application to the magistrate for return and you could oppose by showing it was sitll undergoing analysis. See CCP Art. 18.10.