Iowa Code » Chapter 809 — DISPOSITION OF SEIZED PROPERTY
Iowa Code

Iowa Code § 809.3 (2026)

Application for immediate return of seized property

✓ current as of July 2026
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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.\n\nTue Dec 09 21:54:32 2025 Iowa Code 2026, Chapter 809 (21, 1) §809.3, DISPOSITION OF SEIZED PROPERTY 2\n\n 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 Referred to in §29C.25, 809.5 \n

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1984–2021 · leading case: Paula Segura & Ricardo Segura v. State of Iowa, 889 N.W.2d 215 (Iowa 2017).
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Paula Segura & Ricardo Segura v. State of Iowa, 889 N.W.2d 215 (Iowa 2017). · cites it 2× “§ 809.3(3) (requiring an application for the return of seized property “be signed by the claimant under penalty of perjury”).”
State v. Ludtke, 446 N.W.2d 797 (Iowa 1989). · cites it 2× “Two days later, Ludtke received a notice of seizure which stated, among other things: A person claiming right to possession of seized property may make application for its return in the office of the Clerk of Court in which it was seized within 30 days after receiving this…”
Matter of Prop. Seized on Jan. 31, 1983, 362 N.W.2d 565 (Iowa 1985). · cites it 2× “Three days later Luloff claimed the right to possession of the seized property pursuant to Iowa Code section 809.3 and made application for its immediate return.”
State Ex Rel. Pillers v. Maniccia, 343 N.W.2d 834 (Iowa 1984). · cites it 2× “Under Iowa Code section 809.3, any property so seized would be subject to a claim by any person asserting the right to possess it.”
Goings v. Chickasaw Cnty., IA, 523 F. Supp. 2d 892 (N.D. Iowa 2007). · cites it 2× “Remaining Arguments Defendants argue that David Goings’s Unreasonable Seizure of Property Claim should be dismissed with prejudice, because David Goings admitted in his deposition that (1) he does not want his seized property returned to him; (2) he has not availed himself of…”
Matter of Prop. Seized From Sykes, 497 N.W.2d 829 (Iowa 1993). · cites it 2× “The application filed by appellants on June 22, 1987, was for the return of seized property pursuant to Iowa Code section 809.3. When the State filed its notice of forfeiture on July 17, 1987, it then became incumbent on appellants to file a claim for return of forfeitable…”
In the Matter of Prop. Seized for Forfeiture from Barbara J. Kavars (Iowa Ct. App. 2021). · cites it 7× “” Kavars asserts this court conducted “a complete review of the scheme and structure of chapters 808 and 809 as they apply to a claim under section 809.3” in In re 1972 Euclid Avenue, No.”
Mark Debower, plaintiff-appellee/cross-appellant v. Cnty. of Bremer, Iowa, Duane Hildebrandt, in His Individual & Off. Capacities, & Dennis Miller, in His Individual & Off. Capacities, defendants-appellants/cross-appellees. (Iowa Ct. App. 2014). · cites it 2× “” Iowa Code § 809.3 (1). “The seizing agency shall not release the property to any party until the expiration of the date for filing claims.”
Amended March 27, 2017 Paula Segura & Ricardo Segura v. State of Iowa (Iowa 2017). “§ 809.3(3) (requiring an application for the return of seized property “be signed by the claimant under penalty of perjury”).”
— Iowa Code § 809.3(3) — 2 cases
Paula Segura & Ricardo Segura v. State of Iowa, 889 N.W.2d 215 (Iowa 2017). “§ 809.3(3) (requiring an application for the return of seized property “be signed by the claimant under penalty of perjury”).”
Amended March 27, 2017 Paula Segura & Ricardo Segura v. State of Iowa (Iowa 2017). “§ 809.3(3) (requiring an application for the return of seized property “be signed by the claimant under penalty of perjury”).”
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