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California Penal Code Section 1536 controls the method in which property that was seized during the execution of a search warrant may be returned to its proper owner. Generally speaking, a court order is required to permit the return of that property.
What is the penal code for return of property in California?
Non-defendants may move for return of seized property using California Penal Code 1539 and 1540 on the grounds that the search warrant used to seize the property was not supported by probable cause or because the property taken was not the same as that described by the warrant.
What is motion to return seized property California?
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
What is the penal code section 602.8 in California?
Trespassing under California Penal Code Section 602.8 PC is an infraction that is punishable by a fine. This offense occurs when a defendant willfully enters the land of another without permission and the land is enclosed by a fence or has no trespassing signs posted.
What is the penal code 1538.5 in California?
A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure.
motion to release evidence
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Probable cause must be supported by specific and articulable facts. The specific circumstances of a situation can be used to support other facts. Searches that are not supported by probable cause are unreasonable. The prosecution should not be allowed to use evidence obtained in these unlawful searches.
motion to release property
Revised Statutes of Missouri, RSMo Section 542.301 - MO.gov
Disposition of unclaimed seized property — forfeiture to the state, when — allegedly obscene matter, how treated — appeal authorized. — 1.
Aug 18, 2022 — If the district attorney refuses to release the property, the owner or possessor may apply to a court for return of the property under ...
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