Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE / CHAPTER 3. Of Search Warrants
California Codes

Cal. Penal Code § 1536 (2026)

Of Search Warrants

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All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property or things taken is triable.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1973–2022 · leading case: People v. Superior Court, 151 Cal. App. 4th 85 (Cal. Ct. App. 2007).
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People v. Superior Court, 151 Cal. App. 4th 85 (Cal. Ct. App. 2007). · cites it 4× “"And if you find the same or any part thereof, to hold such property in your possession under California Penal Code Section 1536." (Bold face font and capitalization of entire word attributes removed.”
City of West Covina v. Perkins, 525 U.S. 234 (1999). · cites it 2× “They also raise no independent challenge to the Court of Appeals' conclusion that California law provides adequate remedies for return of their property, including a motion under Cal. Penal Code Ann. § 1536 (West 1982) or a motion under § 1540.”
Wayne Wright v. Charles Beck, 981 F.3d 719 (9th Cir. 2020). “an Order to Show Cause, asking the parties to brief, among other issues, “[w]hether [the Los Angeles Court] should adopt a policy requiring a police agency seeking an order to dispose of property seized under a search warrant where no criminal case has been filed to give notice…”
People v. Superior Court, 23 P.3d 563 (Cal. 2001). “Penal Code section 1536 authorizes the superior court to conduct a hearing to determine whether materials seized pursuant to a search warrant should be disclosed to the authorities.”
Coy v. Cnty. of Los Angeles, 235 Cal. App. 3d 1077 (Cal. Ct. App. 1991). · cites it 2× “10 Additionally, Penal Code section 1536 constitutes a nonstatutory basis for a motion for release of property seized pursuant to a search warrant (People v.”
Saunders v. Superior Court, 12 Cal. App. Supp. 5th 1 (Cal. Super. Ct. 2017). · cites it 3× “) Similarly, Penal Code section 1536 speaks to "property or things taken on a warrant" and omits any reference to documents or records relating to the warrant.”
In re Seizure of Approximately 28 Grams of Marijuana, 278 F. Supp. 2d 1097 (N.D. Cal. 2003). · cites it 2× “California Penal Code section 1536, which governs the care of items seized by law enforcement officers, provides as follows: All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to…”
Lawrence v. Superior Court of San Mateo Cnty., 21 Cal. App. 5th 513 (Cal. Ct. App. 2018). “Penal Code section 1536 provides: "All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to…”
People v. $25,000 United States Currency, 131 Cal. App. 4th 127 (Cal. Ct. App. 2005). · cites it 2× “On November 4, 2003, the Humboldt County District Attorney’s Office filed in superior court a “Request for Release of Seized Property (Penal Code Section 1536)” and submitted a supporting affidavit and proposed order.”
People v. Hopkins, 171 Cal. App. 4th 305 (Cal. Ct. App. 2009). “(Pen. Code, §§ 1536, 1538.5, 1539, *308 1540.”
People v. Superior Court (Bauman & Rose), 37 Cal. App. 4th 1757 (Cal. Ct. App. 1995). “Under that section, items taken pursuant to a warrant “must be retained by the officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or any other court in which the offense in respect to which the property or…”
Suki, Inc. v. Superior Court, 60 Cal. App. 3d 616 (Cal. Ct. App. 1976). · cites it 2× “” Penal Code section 1536 pertains to custody of property seized under a search warrant for use in a criminal prosecution.”
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