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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.
Civil asset forfeiture is the legal process that allows law enforcement to take property they believe is used or intended to be used in committing certain crimes. The owners of the property do not have to be charged with a crime for the property to be taken.
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.
Civil asset forfeiture is the legal process that allows law enforcement to take property they believe is used or intended to be used in committing certain crimes. The owners of the property do not have to be charged with a crime for the property to be taken.
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 ...