So Police Decided to come and sieze my computer in the middle of the night

[Arnack]

Yeah,I should've said no, indeed. Law offices are closed till Tuesday, and I bet the investigators will already have start looking into the computer by then.

I have this Police Department Receipt for Property form they gave me, saying the computer type and I was the victim, but they sure acted like I was responsible. Should I call working of the government, like partners of the town mayor or something?

 

[PaulaGem]

Yeah,I should've said no, indeed. Law offices are closed till Tuesday, and I bet the investigators will already have start looking into the computer by then.

I have this Police Department Receipt for Property form they gave me, saying the computer type and I was the victim, but they sure acted like I was responsible. Should I call working of the government, like partners of the town mayor or something?

I would use email so you have a written record. When the municipal court violated open records I sent an email to all of the administrators, mayor, and city council members. I now have written proof that they condoned a violation of my civil rights. If you want to follow up with a phone call, fine.

 

[Arnack]

Well I pretty much let them take my computer under my consent, without knowing my rights. Is this the bewt wasy to go about reversing a consent? Should I talk to the law officer who stole my computer?

 

[PaulaGem]

I would use email so you have a written record. When the municipal court violated open records I sent an email to all of the administrators, mayor, and city council members. I now have written proof that they condoned a violation of my civil rights. If you want to follow up with a phone call, fine.

Further thought - you gave up possession voluntarily. You should try to contact the officer and tell him you want your computer back.

Then if he says no, put it in writing that you are revoking that permission and want your property back.

Then go to the P.D. , ask for the senior officer in command. Give him a written request for the return of your property. If he says no - then ask him for a copy of the grievance procedures in writing.

If it is going to interfere with your work make that the justification for IMMEDIATE return of your property.

Don't go to anyone else - including a lawyer - until you've tried this, and you can do it today. Play the co-operative citizen but make it clear that you were intimidated and confused and made a big mistake in surrendering your property.

They may say they need it for an investigation.

Do you have sensitive personal info on the hard drive you don't want them to see?

If not I would offer to give them the hard drive after you buy a new one and back up your personal info.

You have gotten yourself into a box, I'm not sure how you're going to get out of it.

They didn't take your computer - you gave it to them.

Warning - this is free advice, you have to realize that I am not a professional, just another victim. Consider everything you are told here and do what you think is right.

 

[PaulaGem]

Well I pretty much let them take my computer under my consent, without knowing my rights. Is this the bewt wasy to go about reversing a consent? Should I talk to the law officer who stole my computer?

Good - you're starting to come to the same conclusion I am. Keep thinking it all through, and meditate or pray for the right solution if you believe in that sort of thing.

You are the only one who can decide.

 

[PaulaGem]

Well I pretty much let them take my computer under my consent, without knowing my rights. Is this the bewt wasy to go about reversing a consent? Should I talk to the law officer who stole my computer?

Note - he didn't steal your computer. He could have asked for it for legitimate research into who might be stalking you.

The title on the card might reflect the fact that he is the one in that P.D. that handles cyber crime.

 

[Arnack]

Thanks for the reponse. If only I said "no" whe they told me to go get my computer, but it seemed lke a direct order. I do have information on that harddrive that I would like to keep, for both school and work. I'll print out what youve given me and do what you said. Sadly, the police officer "J. Wells, Dept Represenative" comes late at night, around 10PM or so.

Did you recommend I get in contact with that officer first? He was the one who thought I was hiding something or something silly like that. This has officially made me hate police.

 

[PaulaGem]

Thanks for the reponse. If only I said "no" whe they told me to go get my computer, but it seemed lke a direct order. I do have information on that harddrive that I would like to keep, for both school and work. I'll print out what youve given me and do what you said. Sadly, the police officer "J. Wells, Dept Represenative" comes late at night, around 10PM or so.

Did you recommend I get in contact with that officer first? He was the one who thought I was hiding something or something silly like that. This has officially made me hate police.

Yes, get in touch with him directly. Maybe just meet him at the cop shop in person when he comes on duty. There is a crazy rumor going around that there are a few honest cops left so give him a chance. Can you afford a new hard drive and install it yourself? If so, I would suggest that is the path of least resistance. Tell him you just want to install the new one and back up the data, then he can have the original hard drive for research.

Do you know where you posted your phone number on the web?

If not, I would try googling your number and other personal info, trying to figure out where you contacted this person. You can do that at the library.

 

[Arnack]

Yes, get in touch with him directly. Maybe just meet him at the cop shop in person when he comes on duty. There is a crazy rumor going around that there are a few honest cops left so give him a chance. Can you afford a new hard drive and install it yourself? If so, I would suggest that is the path of least resistance. Tell him you just want to install the new one and back up the data, then he can have the original hard drive for research.

Do you know where you posted your phone number on the web?

If not, I would try googling your number and other personal info, trying to figure out where you contacted this person. You can do that at the library.

He got my information from a PayPal deal gone wrong, pretty much. I will try later tonight when he gets on duty. But there's no law that allows him to give it back if I told him he could have it anyways?

Also, if I took that harddrive out to replace it with another one, he might get suspicious that I changed some stuff around in there.

Honestly I don't want an invetirgator going through any of my things. I'm the victim, and I don't want them getting involved.

 

[bubbleboy]

damn, cant talk to the police even when your a victim.

 

[PaulaGem]

He got my information from a PayPal deal gone wrong, pretty much. I will try later tonight when he gets on duty. But there's no law that allows him to give it back if I told him he could have it anyways?

Also, if I took that harddrive out to replace it with another one, he might get suspicious that I changed some stuff around in there.

Honestly I don't want an invetirgator going through any of my things. I'm the victim, and I don't want them getting involved.

OK, if you know exactly where the phone harssment is coming from , tell the officer that you were frightened that night and made a bad decision. You need the computer for work and school. Ask if you can show him where the info is so you can get your computer back, or propose the hard drive thing.

If he resists the hard drive swap - tell him to take the hard drive out and keep it. You will bring the computer back in a couple of days with a fresh install so you can cable connect the old hard drive and download the data you need. Promise that you will not change any files - he can check that easy.

I can understand that you do not want an investigator going through your hard drive but I'm not sure you can stop him now.

Also think back to the conversation and the wording of the incident. Make a full diary of everything you can remember about the night he took your computer. This question is critical - do you believe you were asked to turn over your computer or do you believe you were ordered to do so?

You did give it up because he had no constitutioal right, but pretending that he had the right is a violation of your rights under the concept of "color of law". It is in itself a violation of Constitutional right.

You will need to quote the officer's language exactly, can you do this?

 

[PaulaGem]

He got my information from a PayPal deal gone wrong, pretty much. I will try later tonight when he gets on duty. But there's no law that allows him to give it back if I told him he could have it anyways?

Also, if I took that harddrive out to replace it with another one, he might get suspicious that I changed some stuff around in there.

Honestly I don't want an invetirgator going through any of my things. I'm the victim, and I don't want them getting involved.

If he won't co-operate ask him to show you the law that allows him to keep the computer. Not just hearsay, tell him you really want to know what the law is because you have never, ever had to deal with something like this before and you don't understand.

Care to divulge your city and state?

 

[Arnack]

I am in Southeast Georgia.

And yes, sadly, he said could we take your computer to look for evidence, and I said yes.

But my plans are to just compile all the information about this guy I think who is harassing and send it to this policeman.

 

[PaulaGem]

I am in Southeast Georgia.

And yes, sadly, he said could we take your computer to look for evidence, and I said yes.

But my plans are to just compile all the information about this guy I think who is harassing and send it to this policeman.

Cross your fingers and hope he will realize how much it will mess up your life not to have the computer.

 

[ItsTime]

Cops do not give two shits about you even if you are a victim, even more so if you are the victim. You are a headache to them and want the headache to get over as soon as possible.

Never give up on your rights and be relentless in your legal attack. Record your convos (if thats legal in your state) and use their own words against them in court.

 

[Arnack]

Cops do not give two shits about you even if you are a victim, even more so if you are the victim. You are a headache to them and want the headache to get over as soon as possible.

Never give up on your rights and be relentless in your legal attack. Record your convos (if thats legal in your state) and use their own words against them in court.

I don't think i'll go as far as court, I just want to call him tonight, be polite and friendly, and that my job and schoolwork requires a computer and if I could have it back I would be happy to give you some little information I know on this harasser

 

[PaulaGem]

Cops do not give two shits about you even if you are a victim, even more so if you are the victim. You are a headache to them and want the headache to get over as soon as possible.

Never give up on your rights and be relentless in your legal attack. Record your convos (if thats legal in your state) and use their own words against them in court.

I never pay attention to anyone who overstates a case in the way you just did. Always try reason before force.

I would never suggest that anyone surrender their rights, but there is no reason to use an axe when a handshake might work.

 

[Arnack]

So the plan is to call this police officer, and nicely let him be aware that my job and school both requires the usage of my desktop, and I will happily help him try finding out who this person harassing me is.

What if he says no? Can he legally just keep items of mine?

 

[PaulaGem]

So the plan is to call this police officer, and nicely let him be aware that my job and school both requires the usage of my desktop, and I will happily help him try finding out who this person harassing me is.

What if he says no? Can he legally just keep items of mine?

That is what you need to ask him.

Ask him how long he thinks it will take for him to be finished with the computer. You also might inform him very directly that you did say he could take the computer, that it was a bad decision, and one of your concerns is the damage to the computer or the data and you have not agreed to waive responsibility if this happens.


If he says yes, ask him the specific statute. Also ask for the name of his superior and when he is available.

Here is the Georgia code:

http://law.justia.com/georgia/codes/index.html

I couldn't find any thing specific, but I was reminded that it can only be retained as evidence if it was used in the commision of a crime, and since you are the victim they should not be able to do this.
http://law.justia.com/georgia/codes/17/17-5-54.html

 

[ELT]

Another thing is, you need to be recording the prank calls. If he's making threats, you need to have a record of all this to give the cops.

I would have never handed over my PC to the cops. Good luck with getting it back.