Criminal procedure: search warrants.

Plain English Breakdown

The official source material focuses specifically on currency and does not provide information about other types of property seizures.

Search Warrants for Stolen Currency

This law allows search warrants to include orders for stolen currency to be returned to its lawful owner after a hearing, with specific procedures and notification requirements.

What This Bill Does

• Allows a search warrant to order the return of stolen or embezzled currency to its lawful owner if certain conditions are met.
• Requires an independent hearing where the agency seizing the currency must prove it was stolen or embezzled before returning it.
• Specifies that the agency must notify the prosecutor's office at least 10 days before returning the seized currency.

Who It Names or Affects

• People who have had their money seized by law enforcement and claim it is not stolen or embezzled.
• Law enforcement agencies that seize money suspected of being stolen or embezzled.
• Prosecutors in jurisdictions where the theft or embezzlement may be prosecuted.

Terms To Know

Search warrant

A legal document issued by a judge allowing police to search for and seize items related to a crime.

Preponderance of the evidence

The standard used in civil cases where one side must prove its case is more likely true than not.

Limits and Unknowns

• Does not specify what happens if the seized currency cannot be returned to a lawful owner.
• Does not address how long it takes for the hearing process to complete before returning the currency.

Official Summary Text

AB 1118, as amended, Chen.
Criminal procedure: search warrants.
Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law describes search warrants and enumerates the grounds upon which a search warrant may be issued, including, without limitation, for property that was stolen or embezzled, or for property or things that were used to commit a felony.
Existing law authorizes a defendant to move for the return of property or to suppress evidence obtained as a result of a search and seizure if the search or seizure was without a warrant and was unreasonable or, the search and seizure was with a warrant and certain criteria apply. Existing law provides for a hearing on the defendant’s motion where the court
receives evidence and determines whether the evidence is inadmissible at any trial or other hearing, except as specified, or returns the property.
This bill would allow a search warrant for stolen or embezzled
property
currency, as specified,
to include an order for such
property
currency
to be returned to a lawful owner identified in the warrant pursuant to specified procedures including a hearing, if requested, to determine that the
property
currency
was stolen or embezzled, before it is returned to its owner. The bill would require an independent hearing, where the agency seizing the
property
currency
would have the burden of proving, by a preponderance of the evidence, that the
property
currency
was stolen or embezzled.
The bill would require the agency seizing the property, no less than 10 days before returning the currency to the lawful owner, to notify the prosecuting authority in the jurisdiction where the embezzlement or theft may reasonably be
prosecuted.

Current Bill Text

Download Bill PDF