D.C.D.C.

It is a common issue for servicemembers when MCIO agents seize their smartphones, computers, and peripherals ("computer stuff") and keep them. How long may they keep the property?

1. Long enough to do a DFE and then return them?

2. Until the appropriate decision makers decide not to proceed with a court-martial?

3. Until the military judge gavels the trial over?

4. Until the appeal is over?

5. Forever?

From experience,

1. After the trial is over, (1) the accused is asked if they want the item back after being reset to factory settings and wiped or give it up for destruction, (2) under federal law, in a CP case it gets destroyed, or (3) follow paraa. 2-8, AR195-5, Evidence Procedures, in an Army case, or (4) it's a hassle, and often doesn't happen.

Property seized or held as evidence, other than contraband or other property which cannot legally be returned, will be returned to its rightful owner when it is determined that the property has no evidentiary value or when criminal proceedings have concluded and the time to initiate appeals has passed. . . . Coordination with the servicing SJA office must occur prior to disposition of evidence.
. . . 
(1) Evidence in a closed unfounded investigation may be disposed of immediately after the appropriate USACIDC commander/SAC/RAC, PM, or the PM’s designated representative, or CI commander/SAC reviews and approves the release by completing the final disposal authority section of the DA Form 4137.
. . . 
​Authorization for disposal of computer and network hardware. This paragraph pertains to the USACIDC trained digital media collector and/or digital forensic examiner (DFE) only. Computer and network hardware taken as evidence may be immediately released for final disposal after a forensically sound image of the digital data has been successfully obtained as evidence. The immediate final disposal authority may be granted by the supporting trial counsel, the civilian prosecutor, or the director or operations officer.
. . . 
The evidence custodian should be aware that required judicial and appellate procedures may significantly extend the time that evidence must be maintained. In the military justice system, for example, the following procedures generally apply[] . . . 

At Prof. John Wesley Hall, Jr's. Fourthamendment.com we find,

Natl. L. Rev.: The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence by Ty E. Howard [the case is posted here]:
​
How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth Amendment. This decision furthers a split among circuit courts and portends how the text, history, and tradition method might influence Fourth Amendment cases.

Asinor v. District of Columbia, No. 22-7129, — F.4th —, 2024 WL 3733171 (D.C. Cir. Aug. 9, 2024) involved several consolidated appeals raising the question above.

Prof. Hall's "blog" is an online supplement to his Search & Seizure (5th ed. 2013) and is a good resource.