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

California Statutes

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

California·Code PEN Penal Code - PEN·Title 10.·Part 2. TITLE 10. MISCELLANEOUS PROCEEDINGS·Ch. 12. CHAPTER 12. Disposal of Property Stolen or Embezzled

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.

California § 1408. (1408. (Amended by Stats. 1971, Ch. 799.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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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Legislative History