Where the original search and seizure were proper, but no charges were ever filed, or the charges were dropped, a person may move for the return of property under Penal Code §1536. See also Ensoniq Corp v Superior Court, 65 Cal. App. 4th 1537 (1998) ("Continued official retention of legal property with no further criminal action pending violates the owner's due process rights.").
If you were arraigned, then a formal prosecution against you began, and your case was assigned a title and a docket number. Use that case title and docket number when filing your motion for return of property. Refer to the instructions and forms in Situation B.
If the charges against you were dropped before you were ever arraigned, chances are there is no ready-made case title and docket number under which you can file your motion for return of property. Formal charges may still be filed against you at a later date. In the meantime, or if charges are never filed, you can initiate a 'special proceeding'. See: Ensoniq Corp v. Superior Court, 65 Cal. App. 4th 1537 (1998); Avelar v Superior Court, 7 Cal. App. 4th 1270 (1992).
The case title in a special proceeding may be based upon a description of the seized property and the person from whom it was seized. For example: " In re 36 Video Tapes Seized from Lieutenant Colonel and Mrs. Michael Aquino." People v Superior Court (Aquino), 201 Cal. App. 3d 1346 (1988).
Use the samples below to draft your motion, and tailor them to your specific set of facts.
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.