Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 3 - PRE-ADJUDICATORY PROCEDURES
Part D - PROCEDURES FOLLOWING FILING OF PETITION
Part D(1) - MOTION PROCEDURES
Rule 353 - Motion for Return of Property

Universal Citation: 237 PA Code ยง 353

Current through Register Vol. 54, No. 44, November 2, 2024

A. Return for lawful possession. A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to its lawful possession. Such motion shall be filed in writing and served pursuant to Rule 345.

B. Hearing. The court hearing such motion shall receive evidence on any issue of fact necessary for its decision. If the motion is granted, the property shall be restored unless the court determines that such property is contraband, in which case the court may order the property to be forfeited.

C. Joint motion. A motion to suppress evidence under Rule 350 may be joined with a motion under this rule.

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