AB 1118: Criminal procedure: search warrants.

This bill would allow a search warrant for stolen or embezzled currency to include an order for its return to a lawful owner, provided that the currency was stolen or embezzled. The agency seizing the currency would have the burden of proving this in an independent hearing, where the evidence must be sufficient to prove it by a preponderance. The agency must notify the prosecuting authority in the jurisdiction where the embezzlement or theft may be reasonably prosecuted at least 10 days before returning the currency to its owner. The court would determine whether the currency was indeed stolen or embezzled and would return it to its owner if it was.