(1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow:
(a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized.
(b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant.
(2) The appropriate court to consider such motion is:
(a) The court having ultimate trial jurisdiction over any crime charged in connection with the seizure;
(b) If no crime is charged in connection with the seizure, the court to which the warrant was returned; or
(c) If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made.
(3) The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody.
(4) No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section. [1973 c.836 §110; 1999 c.37 §1; 2005 c.22 §102]Section: Previous 133.617 133.619 133.620 133.621 133.623 133.625 133.630 133.633 133.635 133.640 133.643 133.650 133.653 133.660 133.663 Next
Last modified: August 7, 2008