If there are still charges pending against you, whether or not you will be able to have property returned to you will depend on a number of factors. The sample memorandum below discusses some of these factors.
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 defendant, or if the property that was taken is not the same as that described in the warrant.
Use these sample templates to draft your own motion. Read each brief carefully and tailor it to your own situation.
Additionally, you can find Proof of Service forms here.