§ 5806. Motion for return of property.

367 words·~2 min read·/pa/title-42/chapter-58/5806

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Motion.-- The following shall apply:

(1)A person aggrieved by a search and seizure may move for the return of the property seized by filing a motion in the court of common pleas in the judicial district where the property is located.

(2)The filer under paragraph

(1)must serve the Commonwealth.

(3)Upon proof of service, the court shall schedule a prompt hearing on the motion and shall notify the Commonwealth. A hearing on the motion shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the motion.

(4)The assigned judge may require the filing of an answer.

(5)If a forfeiture petition was filed by the Commonwealth before the filing of a motion for return of property, the motion shall be assigned to the same judge for disposition, as practicable.

(b)Contents of motion.-- A motion under this section shall:

(1)Be signed by the petitioner under penalty of perjury.

(2)Describe the nature and extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property and any additional facts supporting the petitioner's claim. The information shall include:

(i)A description of the property seized.

(ii)A statement of the time and place where seized, if known.

(iii)The owner, if known.

(iv)The person in possession, if known.

(3)Identify the relief sought, which may include:

(i)Return of the petitioner's property.

(ii)Reimbursement for the petitioner's legal interest in the property.

(iii)Severance of the petitioner's property from the forfeited property.

(iv)Any relief the court deems appropriate and just.

42c5806v

Special Provisions in Appendix. See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.

Cross References. Section 5806 is referred to in section 5805 of this title; section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).

42c5806.1s