How to Get Your Seized Property Back in California

California Motion to Return Seized Property Explained

When property is seized by law enforcement, it can create significant distress for the individuals affected. California law provides several procedures that may allow individuals to request the return of property seized by police, depending on the circumstances of the seizure and the status of the criminal case. This article explains how requests for the return of seized asset work in California, including applicable laws, filing procedures, and possible outcomes.

What is a Motion to Return Seized Property?

A motion to return seized property is a legal request asking the court to order law enforcement or another government agency to return asset that is no longer needed for investigative or evidentiary purposes. Property may be seized during criminal investigations, arrests, searches conducted under a warrant, or other law enforcement actions. The motion is typically filed under California Penal Code §1536, which outlines the conditions under which an asset can be returned.

Key Reasons for Filing a Motion

1. Improper Seizure: If law enforcement lacked legal authority to seize the property or exceeded the scope of a search warrant.
2. No Criminal Charges: If prosecutors are no longer using the property as evidence or no criminal case requires continued possession of the asset.
3. Property Not Used as Evidence: If the government no longer has a legitimate reason to retain the property.

Understanding the Legal Framework

Relevant Laws

California law governing seized property depends on why the asset was taken, whether it is evidence, and whether a criminal proceeding is pending. Key statutes include:

• California Penal Code §1536: This code addresses the custody and disposition of property seized under a search warrant, including circumstances involving retention and return of property.
• California Penal Code §1417.5: This statute provides procedures relating to the disposition and return of exhibits and property after criminal proceedings
• California Penal Code §1540: This code provides guidelines for the return of property that has been seized under a warrant.

Jurisdiction and Procedure

The proper court for requesting the return of seized property depends on the circumstances of the seizure, including whether a criminal case is pending and which agency possesses the asset. The procedure involves several steps:

1. Filing the Motion: Complete the necessary forms and file them with the court.
2. Serving the Motion: Notify the relevant parties, including the prosecuting agency and the law enforcement agency that seized the property.
3. Court Hearing: Attend the court hearing where you will present your case for the return of the property.

Preparing Your Motion

Required Documentation

To successfully file a motion, you will need to gather and prepare several documents:

• Motion or Petition for Return of Property: A written request explaining why the asset should be returned and identifying the legal basis for the request.
• Declaration: A sworn statement explaining the circumstances of the seizure, ownership of the property, and why continued retention is unnecessary.
• Proof of Service: Documentation showing that you have notified all relevant parties about your motion.

Sample Motion Template

A typical motion may include the following sections:

1. Title: Motion for Return of Seized Property
2. Introduction: Briefly state who you are and the purpose of the motion.
3. Facts: Describe the circumstances of the seizure, including dates and locations.
4. Legal Basis: Cite the relevant laws supporting your request.
5. Conclusion: Request the court to grant your motion and return the property.

Filing the Motion

Steps to File

1. Complete the Forms: Ensure all forms are filled out accurately.
2. Make Copies: Create copies for yourself, the court, and the involved agencies.
3. File with the Court: Submit your motion to the appropriate court.
4. Serve the Motion: Deliver copies to the prosecuting agency and the law enforcement agency.

Timeline

After filing, the prosecuting agency typically has ten days to respond to your motion. A hearing will be scheduled, where you can present your case.

What to Expect at the Hearing

Preparing for the Hearing

• Gather Evidence: Bring any evidence that supports your claim of ownership and the improper seizure of your property.
• Practice Your Argument: Be prepared to clearly articulate why the property should be returned to you.

During the Hearing

• Present Your Case: Clearly explain the reasons for your motion and provide any supporting documentation.
• Respond to Questions: Be ready to answer questions from the judge or opposing counsel.

Possible Outcomes

Court Decisions

The court may:

• Grant the Motion: If granted, the court may order the appropriate agency to return the property if no lawful reason exists to continue holding it.
• Deny the Motion: If the court determines that the government has a valid reason to retain the property, the motion may be denied.
• Schedule Further Hearings: In some cases, the court may require additional hearings for further evidence.

Alternative Options

Civil Lawsuits

If your motion is denied, you may consider filing a civil lawsuit against the agency that seized your asset. This can be a more complex and lengthy process, but it may be necessary if you believe your rights have been violated.

Administrative Claims

Before pursuing a civil lawsuit, you may need to file an administrative claim against the governmental agency holding your property. This process can vary by agency and may involve specific forms and deadlines.

Conclusion

Navigating the process of filing a motion to return seized property in California can be challenging, but understanding your rights and the legal framework can empower you to take action. Whether you are facing criminal charges or simply seeking the return of your belongings, it is crucial to approach this process with the right knowledge and preparation. If you find yourself in this situation, consider consulting with a legal professional who can guide you through the complexities of the law and advocate on your behalf.

References

[1] – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1417.5.&lawCode=PEN
[2] – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1536.&lawCode=PEN
[3] – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1540.&lawCode=PEN
[4] – https://constitution.congress.gov/constitution/amendment-4/
[5] – https://www.law.cornell.edu/wex/search_warrant
[6] – https://www.law.cornell.edu/cfr/text/15/904.510

Need a Criminal Defense Attorney? CALL NOW: 213-932-8922

Yuliya Kelmansky is an Expert Criminal Defense Attorney who has over 10 years of practice defending a variety of criminal cases.

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