Motion To Return Seized Property

Category:
State:
Louisiana
Control #:
LA-5402
Format:
Word; 
Rich Text
Instant download

Description

This is a motion filed by defense counsel for the return of a defendant’s personal property located in a seized vehicle. An attached order grants the motion and allows the defendant to retrieve his personal property.
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FAQ

Hear this out loud PauseA 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.

Hear this out loud PauseCan 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.

Hear this out loud PauseRule 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.

Hear this out loud PauseSection 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 ...

Complete and sign the Motion for Return of Property, make one copy, attach a copy of the Police Property Receipt, and file with the Office of Judicial Records, Justice Juanita Kidd Stout Center for Criminal Justice, 1301 Filbert Street, Motions Counter (Second Floor), Philadelphia, PA 19107.

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Motion To Return Seized Property