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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.
Do not just turn up at the police station if you have not had previous notification from the officer in the case, as it is unlikely that you will be able to collect the property. The property cannot be returned to you until the officer in the case has authorised it for release.
Illinois state law authorizes the ?civil forfeiture of property which is used or intended to be used in? illegal drug activity. Unlike a traditional fine or criminal penalty assessed following a trial, civil asset forfeiture allows the police to immediately take a suspect's property.
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.
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.