My question involves criminal law for the state of: IL
My cousin (who is a bit of a hot head) ticked off his local cops (detectives) after being mouthy and uncooperative with them over 2 years ago after an initial questioning at his home. He never should have even talked to them to begin with... but he did so what's done is done. Anyways, the alleged crime involves cyber stalking against someone of out state. I believe its his ex so it probably involves nude images, etc. My question is the cops served him with a search warrant in Feb 2015. They seized all sorts of hard drives, phones, laptop, PC and some paperwork, bills, etc. That was well over 1 1/2 years ago. The cops have still NOT charged him with anything... nothing. He's been in contact with them a couple times just to get some of his stuff back but they've held on to his PC and said they have 3 years to charge him.
Question: Can he press local enforcement to sh#t or get off the pot. He wants his stuff back asap and feels like now they're just holding it over his head because he's a hot head and they want to show him who's in charge. How does he get it? By contacting the Chief of Police? By filing a court order to get his property back?
Finally, if it turns out they didn't find any evidence of the alleged crime and never had probable cause to enter his home and seize his property does he have any grounds or recourse to sue the city in Federal court in a civil suit?
:confused:
My cousin (who is a bit of a hot head) ticked off his local cops (detectives) after being mouthy and uncooperative with them over 2 years ago after an initial questioning at his home. He never should have even talked to them to begin with... but he did so what's done is done. Anyways, the alleged crime involves cyber stalking against someone of out state. I believe its his ex so it probably involves nude images, etc. My question is the cops served him with a search warrant in Feb 2015. They seized all sorts of hard drives, phones, laptop, PC and some paperwork, bills, etc. That was well over 1 1/2 years ago. The cops have still NOT charged him with anything... nothing. He's been in contact with them a couple times just to get some of his stuff back but they've held on to his PC and said they have 3 years to charge him.
Question: Can he press local enforcement to sh#t or get off the pot. He wants his stuff back asap and feels like now they're just holding it over his head because he's a hot head and they want to show him who's in charge. How does he get it? By contacting the Chief of Police? By filing a court order to get his property back?
Finally, if it turns out they didn't find any evidence of the alleged crime and never had probable cause to enter his home and seize his property does he have any grounds or recourse to sue the city in Federal court in a civil suit?
:confused:
Search and Seizure: Getting Property Back After Search and Seizure
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