Section 809.3. Application for immediate return of seized property.

  1.  Any person claiming a right to immediate possession of seized property may make application for its return in the office of the clerk of court for the county in which the property was seized.

  2.  The application for the return of seized property shall state the specific item or items sought, the nature of the claimant’s interest in the property, and the grounds upon which the claimant seeks to have the property immediately returned. Mere ownership is insufficient as grounds for immediate return. The written application shall be specific and the claimant shall be limited at the judicial hearing to proof of the grounds set out in the application for immediate return. The fact that the property is inadmissible as evidence or that it may be suppressed is not grounds for its return. If no specific grounds are set out in the application for return, or the grounds set out are insufficient as a matter of law, the court may enter judgment on the pleadings without further hearing.

  3.  The application shall be signed by the claimant under penalty of perjury.

  4.  The claimant shall cause a copy of the application to be delivered to the county attorney.

86 Acts, ch 1140, §5

; 2013 Acts, ch 7, §1