Give the Pedophile His Porn Back?

More news-y goodness from the AP

CHADRON, Neb. (AP) - A western Nebraska judge must decide
whether to return pornography to a convicted sex offender who says
the state has no right to keep it.
William Wilson is serving a probation sentence after being
convicted in a case in which he was accused of propositioning two
14-year-old boys. Wilson has made a legal motion to have his
computer, cell phone, pornographic videos and digital camera
returned to him, as they are no longer needed for evidence.
The state says it wants to keep pictures taken from the cell
phone, camera and computer because they might be child pornography.
Wilson's attorney says there is no proof of that and has
demanded the return of all the items.
District Judge Randy Lippstreu will rule on the request.

Here's a link to a slightly more detailed story write up than what the AP offered...

http://www.kneb.com/news/index/f3b0f058-9616-41e0-86c4-db2d85bfc3d3

The second story is pretty much the same with the added details that the judge may not have granted Wilson probation had he known about the nature of the pics on Wilson's phone, pc, et all, that the state worries that returning Wilson's pervy collection may inhibit his recovery, and the revelation that the phone contains sexually charged text messages to and from a 17 year old Souf Dakota boy.

My question is, how long has the state had Wilson's stuff? I would assume it has been a fair amount of time, as he has already been tried and sentenced. Even if he pleaded out and skipped the trial, it's probably been several months.

Without all the details I feel like if the guy has been sentenced and is paying for the crimes, they ought to give him his shit back. There's probably more to it than that, though.

Here's my other question, if the police are investigating you, what typically happens to the things they seize? How long are they entitled to use said items against you? Is there different protocal if someone is never charged or is aqcuited than if they are found guilty? It's hard to tell since police and federal investigative powers have become nearly limitless due to the Patriot Act.

Something to ponder on September 11th, I guess. More later.