Can a search warrant be used to compel the return of a tape recorder?

Any doubt on this subject should have been dispelled by our decision in Ballard v. Superior Court (1966) 64 Cal.2d 159, 49 Cal.Rptr. 302, 410 P.2d 838, a case in which no search warrant was involved. In Ballard the defendant sought the return of tape recordings which were alleged to have been illegally made by the police. Although this court denied the relief requested for the reason that the police owned the tape recordings, we pointed out that generally 'one whose property has been illegally seized may obtain a writ of mandamus to compel the return of the property, if it is not contraband * * *. To protect a person from the deprivation of illegally seized property, which prevents him from using the property, the courts will afford a speedy determination of the legality of the seizure.' (Id. at p. 165, 49 Cal.Rptr. at p. 306, 410 P.2d at p. 842.)