What remedies are available to a person whose property has been illegally seized?

California, United States of America


The following excerpt is from Saidi-Tabatabai v. Superior Court for Los Angeles County, 253 Cal.App.2d 257, 61 Cal.Rptr. 510 (Cal. App. 1967):

In Gershenhorn v. Superior Court, 227 Cal.App.2d 361, 38 Cal.Rptr. 576, it was held that the same remedies must be afforded one whose property was illegally seized although no warrant was involved. The court in the first Gershenhorn case (225 Cal.App.2d at p. 124, 37 Cal.Rptr. at p. 177) sets forth the statutory and the 'workable rules of procedure' developed by the court with regard to illegally seized evidence: 'A person whose property has been seized unlawfully by a law enforcement agency is afforded a variety of remedies, one or more of which he may pursue, depending on the specific result he desires and his counsel's decision as to tactics and strategy:

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