Skip to main content
US Criminal Defense.org
Menu

California statute

Cal. Penal Code § 1408

Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)

Part of Chapter 12: Disposal of Property Stolen or Embezzled, California Penal Code.

Full text of Cal. Penal Code § 1408

Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.

Cal. Penal Code § 1408Primary source, current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it, shall order it to be delivered, without prejudice to the state, to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

Official sources

Legal terms used in this section

This reference is informational and is not legal advice.