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Section 1538.5 - Motion for return of property or to suppress evidence (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds: (A) The search or seizure without a warrant was ...
Reasons to File a Motion to Dismiss in California Insufficient Evidence. In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. ... Statute of Limitations. ... Violation of the Right to a Speedy Trial. ... Double Jeopardy. ... Errors in Filing the Complaint. ... Other Reasons.
When a criminal defendant challenges the grounds on which a search warrant was issued, he or she can also request the return of the seized property under Penal Code §1539 and §1540, which provide for the return of property where the seized property has not been offered or will not be offered as evidence against the ...
Section 1538.5 - Motion for return of property or to suppress evidence (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds: (A) The search or seizure without a warrant was ...
Can I ask the Court for return of property seized by the police or other agency? California Penal Code §1536 provides that under certain circumstances a defendant may be able to move the Court (file a motion) to have property that was seized by the police returned to them.