Motion For Return Of Seized Property Without Notice
Description
How to fill out Louisiana Motion And Order To Release Seized Personal Property?
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FAQ
A Petition, Declaration, and Order for Return of Property may be filed by any person whose property has been seized as a result of a search warrant or an arrest. The owner of the property may petition the court for return of their property whether or not a case has been filed with the court.
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.
Legal Motion ? A formal written request filed in conjunction with a criminal case, including a request for a court order directing the law enforcement agency to return the property.
Rule 588 - Motion for Return of Property (A) A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof.
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 ...