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Cal. Penal Code § 1408

Disposal of Property Stolen or Embezzled

Applied in 3 court decisions — leading case Sanders v. City of San Diego (1996)

Most recently applied in Zeltsar v. City Of Oakland (April 2003)

Amended by Stats. 1971, Ch. 799.

On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it, shall order it to be delivered, without prejudice to the state, to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.