Is there any case law dictating that the State can't be made to return evidence seized by a lawful search warrant prior to trial? I have a case involving many electronics - computers and cellphones- which have been seized. Because copies of the hard drives were made by law enforcement, the Defendant wants his stuff back. I've argued that the items are evidence until the case is disposed but I'm not getting anywhere. Advice?

In re Cornyn, 27 S.W.3d 327, has some analysis that is relevant.

Also, if the computers are criminal instruments, CCP 18.13 may prevent their return.