After one of appellant’s drug-related criminal proceedings was dismissed, the trial court granted appellant’s PC 1538.5 motion to compel the return of property (money) that was the subject of civil nonjudicial forfeiture proceedings following his arrest. The Court of Appeal grants the People’s petition for writ of mandate, finding that PC 1538.5(j)’s requirements were satisfied because the arresting officers served notice of the forfeiture proceedings, not on their own behalf but on behalf of the district attorney, after a deputy in that office initiated forfeiture proceedings and instructed law enforcement to serve the notice. Additionally, the court holds that…
After one of appellant’s drug-related criminal proceedings was dismissed, the trial court granted appellant’s PC 1538.5 motion to compel the return of property (money) that was the subject of civil nonjudicial forfeiture proceedings following his arrest. The Court of Appeal grants the People’s petition for writ of mandate, finding that PC 1538.5(j)’s requirements were satisfied because the arresting officers served notice of the forfeiture proceedings, not on their own behalf but on behalf of the district attorney, after a deputy in that office initiated forfeiture proceedings and instructed law enforcement to serve the notice. Additionally, the court holds that the deadline to file a writ is the 30 days provided by PC 1538.5(o) for rulings on a motion for return of property.
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A170818.PDF