Motion To Return Seized Property California
Description
How to fill out Louisiana Motion And Order To Release Seized Personal Property?
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FAQ
If your property has been seized during an investigation or proceedings before a court, you are entitled to recover it from the police as long as it is not an exhibit, or of an illegal nature (such as drugs).
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 ...
If the IRS seizes your house or other property, the IRS will sell your interest in the property and apply the proceeds (after the costs of the sale) to your tax debt. Prior to selling your property, the IRS will calculate a minimum bid price.
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 ...
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.