What is the procedure for recovering personal property that was seized as evidence by police in California after my case is over?

To recover your personal property, you must obtain a court order or a property release form from the prosecuting agency and present it to the police department's evidence unit. Here is the general procedure for recovering your property after your criminal case is concluded. Step 1: Confirm Your Case is Final Your case is considered final after the time for an appeal has passed. This is typically 30 or 60 days after sentencing, depending on whether it was a misdemeanor or felony. You cannot start the process until the case is officially over. Step 2: Contact the Prosecuting Attorney Call the District Attorney's or City Attorney's office that handled your case. Ask for a "property release." If they agree you are the rightful owner and the property is no longer needed as evidence, they will send a release authorization directly to the police department or give you a form to take there yourself. Step 3: File a Motion with the Court If the prosecuting attorney refuses to grant a release, you must file a "Motion for Return of Property" with the court where your case was heard. This formal request asks a judge to order the police to return your items pursuant to Penal Code § 1536. You will need to serve a copy of the motion on the prosecuting agency. Step 4: Schedule an Appointment with the Evidence Unit Once you have the court order or have confirmed the prosecutor's release was sent, call the specific police department's property or evidence unit. Do not go without an appointment. They will tell you their hours and what you need to bring. Step 5: Pick Up Your Property Go to your scheduled appointment. You must bring a valid, government-issued photo ID. Also bring your copy of the court order or property release form and the original property receipt if you were given one when the items were seized. Important details and nuances: Firearms are subject to a more complex process. You must first apply for and receive a Law Enforcement Gun Release (LEGR) letter from the California Department of Justice to prove you are eligible to own firearms. Only then can you petition the court for the return of your specific firearm under Penal Code § 33850. Contraband or items that are illegal to possess will not be returned. Any property that was used in the commission of the crime may be subject to forfeiture and not returned. Warnings and limitations: Act promptly. Under Penal Code § 1417.6, the agency may dispose of or destroy evidence if it is not claimed within 60 days after you receive a notice that it is available. Be persistent, as these agencies are often busy and the process can be slow. This is general information and does not constitute legal advice. For complex situations, such as the return of firearms or if the agency is refusing your request, you should consult with a qualified California attorney.