How to Get Seized Evidence Back After a Dismissal in California

1). Contact the law enforcement agency in possession of the property and ask for the property back. If the law enforcement agency does not return the property, send a letter requesting its return via certified mail.
2). Prepare a "Motion for Return of Property." The drafting requirements vary by county, as most counties have specific formatting requirements. Consult a court clerk or visit a local law library to determine the formatting requirements. The motion must list each of item of property and the legal grounds under which you are proceeding under. The return of property in most situations is governed by Penal Code Section 1538.5.
3). Prepare a "Proof of Service" form naming the law enforcement agency holding the property as the recipient.
4). Deliver two copies of the motion to the court clerk. The clerk will return one copy to you after processing it.
5). Mail the motion to the law enforcement agency holding the property.
6). Sign the Proof of Service form and deliver it to the court clerk. The clerk will issue a court hearing date.
7). Appear at the court hearing and address any questions the judge may have. Return to the law enforcement agency to pick up your property if the judge rules in your favor.