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This research guide provides information for individuals whose property has been seized by law enforcement and outlines the process for filing a motion to have that property returned. It includes details on required forms, supporting documentation, and relevant California Penal Code references.

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What is motion to return seized?

A motion to return seized is a legal request made to a court to retrieve property that has been taken by law enforcement, typically because the property may have been involved in a crime or is believed to be evidence.

Who is required to file motion to return seized?

The individual or entity from whom the property was seized is generally required to file the motion to return seized.

How to fill out motion to return seized?

To fill out a motion to return seized, a petitioner must complete the required forms, providing details such as the case number, description of the seized property, and the justification for why the property should be returned.

What is the purpose of motion to return seized?

The purpose of a motion to return seized is to legally challenge the continued possession of seized property by authorities and to seek its return if it is determined not to be needed as evidence.

What information must be reported on motion to return seized?

The motion should report information including the name of the petitioner, identification of the property seized, the circumstances of the seizure, and the grounds for seeking the return.

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