Can a nondefendant move for return of property on grounds that the property taken was not the same as that described in the warrant?
California, United States of America
The following excerpt is from Ensoniq Corp. v. Superior Court, 65 Cal.App.4th 1537, 77 Cal.Rptr.2d 507 (Cal. App. 1998):
Under sections 1539-1540, a nondefendant may move for return of property on grounds that the property taken was not the same as that described in the warrant, or that there was no probable cause to believe the existence of the grounds on which the warrant was issued. (People v. Superior Court (Chico etc. Health Center) (1986) 187 Cal.App.3d 648, 650, 232 Cal.Rptr. 165.)
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