Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5806 (2026)

Motion for return of property.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 5806. Motion for return of property.

(a) Motion.--The following shall apply:

(1) A person aggrieved by a search and seizure may move for the return of the property seized by filing a motion in the court of common pleas in the judicial district where the property is located.

(2) The filer under paragraph (1) must serve the Commonwealth.

(3) Upon proof of service, the court shall schedule a prompt hearing on the motion and shall notify the Commonwealth. A hearing on the motion shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the motion.

(4) The assigned judge may require the filing of an answer.

(5) If a forfeiture petition was filed by the Commonwealth before the filing of a motion for return of property, the motion shall be assigned to the same judge for disposition, as practicable.

(b) Contents of motion.--A motion under this section shall:

(1) Be signed by the petitioner under penalty of perjury.

(2) Describe the nature and extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property and any additional facts supporting the petitioner's claim. The information shall include:

(i) A description of the property seized.

(ii) A statement of the time and place where seized, if known.

(iii) The owner, if known.

(iv) The person in possession, if known.

(3) Identify the relief sought, which may include:

(i) Return of the petitioner's property.

(ii) Reimbursement for the petitioner's legal interest in the property.

(iii) Severance of the petitioner's property from the forfeited property.

(iv) Any relief the court deems appropriate and just.

Special Provisions in Appendix. See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.

Cross References. Section 5806 is referred to in section 5805 of this title; section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).

Notes of Decisions

Cited in 15 cases (12 in the last 5 years), 2020–2026 · leading case: M. Green v. PSP (Pa. Commw. Ct. 2021).

Sort: Relevance Newest Treatment

M. Green v. PSP (Pa. Commw. Ct. 2021). · cites it 7× “588; 42 Pa.C.S. §5806. Because both the rule and the statute provide that motions for return of 1 Rule 588 provides, in relevant part, that “[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…”

Com. v. K.L. Trainer, Jr. (Pa. Commw. Ct. 2022). · cites it 2× “4 4 The Commonwealth also relies on Section 5806 of the Judicial Code, 42 Pa.C.S. § 5806 (relating to motion for return of property), which provides: Contents of motion.”

In Re: 4 PA. Skill Amusement Appeal of: Com of Pa. (Pa. Super. Ct. 2023). · cites it 2× “—The following shall apply: (1) A person aggrieved by a search and seizure may move for the return of the property seized by filing a motion in the court of common pleas in the judicial district where the property is located.”

Pinnacle Amusement, LLC v. BLCE (Pa. Commw. Ct. 2023). · cites it 2× “Pinnacle filed, in the Luzerne County Court of Common Pleas, a motion pursuant to 42 Pa.C.S. § 5806(a)(1) and Pa.R.Crim.P. 588 for the return of the gaming machines seized from one of the establishments.”

In re: Three PA Skill Amusement Devices ~ Appeal of: Com. of PA (Pa. Commw. Ct. 2023). · cites it 2× “Appellees filed a petition for return of property pursuant to 42 Pa.C.S. § 5806 and Pennsylvania Rule of Criminal Procedure 588, Pa.”

In re: $300,000 in U.S. Currency ~ Appeal of: Z.X. Xu (Pa. Commw. Ct. 2024). · cites it 2× “” 42 Pa.C.S. § 5806(a)(1). 4 Act of April 14, 1972, P.”

In Re: $300,000 in U.S. Currency -- Appeal of: Z. Xu (Pa. Commw. Ct. 2021). · cites it 2× “Common pleas’ Order did not provide a detailed explanation as to its reasoning but stated only that “[a]fter review of 42 Pa.C.S. § 5806, and [Pennsylvania Rules of 3 Criminal Procedure 100, 581, and 586,] Pa.”

Com. of PA v. S.A. Voneida ~ Appeal of: K. Voneida (Pa. Commw. Ct. 2020). “” 42 Pa.C.S. §5806(b)(3); see also Chambers, 192 F.”

Com. v. Coon, E. (Pa. Super. Ct. 2020). “§ 5802 (Controlled Substances Forfeiture), with 42 Pa.C.S. § 5806 (Motion for Return of Property) and Pa.”

Com. v. Latimer, A. (Pa. Super. Ct. 2020). “-5- J-S44038-20 were construed to be a petition to open default judgment, no relief would be due because the petition was untimely and presented no meritorious defense; and (4) in any event, the $8,847.”

Com. v. Howland, A. (Pa. Super. Ct. 2023). “42 Pa.C.S. § 5806(a); see Pa.R.Crim.P. 588 (same).”

O.A. Rahman v. Sec. Dept. of SCI Smithfield PSP Crime Lab (Pa. Commw. Ct. 2023). “” 42 Pa.C.S. § 5806(a)(1). In addition, Rule 588 of the Pennsylvania Rules of Criminal Procedure, in pertinent part, provides: 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…”

Show all 15 citing cases →

— 42 Pa. Cons. Stat. § 5806(a) — 1 case

Com. v. Howland, A. (Pa. Super. Ct. 2023). “42 Pa.C.S. § 5806(a); see Pa.R.Crim.P. 588 (same).”

— 42 Pa. Cons. Stat. § 5806(a)(1) — 6 cases

M. Green v. PSP (Pa. Commw. Ct. 2021). “588; 42 Pa.C.S. §5806. Because both the rule and the statute provide that motions for return of 1 Rule 588 provides, in relevant part, that “[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…”

Pinnacle Amusement, LLC v. BLCE (Pa. Commw. Ct. 2023). “Pinnacle filed, in the Luzerne County Court of Common Pleas, a motion pursuant to 42 Pa.C.S. § 5806(a)(1) and Pa.R.Crim.P. 588 for the return of the gaming machines seized from one of the establishments.”

In re: $300,000 in U.S. Currency ~ Appeal of: Z.X. Xu (Pa. Commw. Ct. 2024). “” 42 Pa.C.S. § 5806(a)(1). 4 Act of April 14, 1972, P.”

In re: Three PA Skill Amusement Devices ~ Appeal of: Com. of PA (Pa. Commw. Ct. 2023). “Appellees filed a petition for return of property pursuant to 42 Pa.C.S. § 5806 and Pennsylvania Rule of Criminal Procedure 588, Pa.”

— 42 Pa. Cons. Stat. § 5806(a)(2) — 1 case

— 42 Pa. Cons. Stat. § 5806(a)(5) — 1 case

Com. v. $115,013.00 Cash; Appeal of: T.D. Malone (Pa. Commw. Ct. 2025).

— 42 Pa. Cons. Stat. § 5806(b)(2) — 1 case

— 42 Pa. Cons. Stat. § 5806(b)(3) — 2 cases

Com. of PA v. S.A. Voneida ~ Appeal of: K. Voneida (Pa. Commw. Ct. 2020). “” 42 Pa.C.S. §5806(b)(3); see also Chambers, 192 F.”

Com. v. K.L. Trainer, Jr. (Pa. Commw. Ct. 2022). “4 4 The Commonwealth also relies on Section 5806 of the Judicial Code, 42 Pa.C.S. § 5806 (relating to motion for return of property), which provides: Contents of motion.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.