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 propertywas 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 theclaimant seeks to have the property immediately returned. Mere ownership is insufficientas grounds for immediate return. The written application shall be specific and the claimantshall be limited at the judicial hearing to proof of the grounds set out in the application forimmediate return. The fact that the property is inadmissible as evidence or that it may besuppressed is not grounds for its return. If no specific grounds are set out in the applicationfor return, or the grounds set out are insufficient as a matter of law, the court may enterjudgment on the pleadings without further hearing. 3. The application shall be signed by the claimant under penalty of perjury.4. ounds set out are insufficient as a matter of law, the court may enterjudgment 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, §1Referred to in §29C.25, 809.5 Sat Dec 23 12:34:12 2023 Iowa Code 2024, Section 809.3 (17, 0)
Iowa Legal Code