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California Search and Seizure: Motion for Return of Seized Property: Situation D

Motion for Return of Property Seized in Connection With an Arrest or Search Where No Formal Criminal Prosecution was Started

Where no criminal charges are ever filed, and you therefore have no pending 'case' in which you can file your motion, the motion for return of property will be treated as a 'special proceeding'. People v Superior Court (Aquino), 201 Cal. App. 3d 1346 (1988). 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." You should serve the motion on the entity holding the property, such as the police department, as well as the prosecutor who originally sought the search warrant, if there was one. People v Superior Court (Aquino), 201 Cal.App. 3d 1346 (1988). 

Sample Briefs

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.