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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 ...
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 ...
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.
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. California Search and Seizure: Motion for Return of Seized ... LibGuides ? search ? seizure LibGuides ? search ? seizure