Laptop confiscated under search warrant : time limit

hinault

Is there a time limit for the return of a laptop confiscated under a search warrant?

The Gardai confiscated a laptop after serving a search warrant.
The warrant was served and executed 10 months ago.
There has been no follow up as regards questioning, interview, in the 10 months which have elapsed.

Enquiries to the Gardai elicit the reply "the laptop is with the forensic lab".

Surely there has to be a time limit as regards the confiscation of peoples property?

Turner

What warrant was executed?

Drugs, theft, child porn, miscellaneous provisions?

hinault

Chief--- wrote: »

What warrant was executed?

Drugs, theft, child porn, miscellaneous provisions?

Theft of a company database allegedly.

Turner

Probably a Section 48 Theft and Farud Offences Act 2001 warrant so....

A quick browse through it and I found this...

(4) The authority conferred by subsection (3)(c) to seize and retain any thing includes, in the case of a document or record, authority—

(a) to make and retain a copy of the document or record, and

(b) where necessary, to seize and, for as long as necessary, retain any computer or other storage medium in which any record is kept.


So they can keep it for "as long as necessary"


So, Did you steal it?

hinault

Chief--- wrote: »

Probably a Section 48 Theft and Farud Offences Act 2001 warrant so....

A quick browse through it and I found this...

(4) The authority conferred by subsection (3)(c) to seize and retain any thing includes, in the case of a document or record, authority—

(a) to make and retain a copy of the document or record, and

(b) where necessary, to seize and, for as long as necessary, retain any computer or other storage medium in which any record is kept.


So they can keep it for "as long as necessary"


So, Did you steal it?

Thanks for this info.


Did I steal the database?
Well, I'll let you decide whether I stole it or not.

I was hired by a company to access their company database, extract data from that company database and forward that data on to an agreed third party.
Each month I invoiced the company for performing this service and the company paid me each month for performing this service.

drunkmonkey

There's some interesting reading here including a guide to dealing with the police, I'm not sure how relevant it is in Irish law, it may be worth of a thread on it's own, even creating a guide here for Ireland.

http://www.eff.org/wp/know-your-rights

hinault

drunkmonkey wrote: »

There's some interesting reading here including a guide to dealing with the police, I'm not sure how relevant it is in Irish law, it may be worth of a thread on it's own, even creating a guide here for Ireland.

http://www.eff.org/wp/know-your-rights

Thanks mate.