California § 1408. 1408. (Amended by Stats. 1971, Ch. 799.)

California Statutes

§ 1408. — 1408. (Amended by Stats. 1971, Ch. 799.)

California § 1408.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title10.

Part 2.TITLE 10. MISCELLANEOUS PROCEEDINGS

Ch. 12.CHAPTER 12. Disposal of Property Stolen or Embezzled

This text of California § 1408. (1408. (Amended by Stats. 1971, Ch. 799.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 1408. (2026).

Text

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.

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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.

96 Cal. Daily Op. Serv. 5826, 96 Daily Journal D.A.R. 9525 John Sanders, Dba Golden Rule Pawn Brokerage v. City of San Diego, a Municipal Corporation Jerry Sanders, Chief of Police, Individually and in His Capacity as Chief of Police of the City of San Diego Dan Berglund, Captain, Individually and in His Capacity as Captain of the Eastern Division of the City of San Diego Ed Paradise, Individually and in His Capacity as Detective of the City of San Diego Mark Michel, Individually and in His Capacity as Detective of the City of San Diego

93 F.3d 1423 (Ninth Circuit, 1996)

Zeltsar v. City Of Oakland

325 F.3d 1141 (Ninth Circuit, 2003)

Legislative History

Amended by Stats. 1971, Ch. 799.

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