1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Brenda Grantland, Esq.
Law Office of Brenda Grantland
20 Sunnyside Suite A 
PMB 204
Mill Valley, CA 94941
(415) 380-9108

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA

PEOPLE OF THE STATE OF CALIFORNIA,	|	Crim. No. 179183
							|	
			Plaintiff,			|	NOTICE OF MOTION AND 
							|	NON-STATUTORY MOTION

v.							|	[Penal Code § 1536]
							|	FOR RETURN OF PROPERTY 
EDWARD ALFRED REA,				|	SEIZED UNDER WARRANT 
							|	
			Defendants.			|	
__________________________________________|

	TO: THE HONORABLE COURT IN THE ABOVE-ENTITLED CAUSE OF ACTION AND DISTRICT ATTORNEY IN THE COUNTY OF SANTA CLARA.
	Please be advised that on the _____ day of _________, 1999, at the hour of ______ in Department ____ of the above-entitled court, or as soon thereafter as this motion can be heard, counsel for defendant,  Edward Alfred Rea, Terence Gerard Rea and Seldon McDonald (the latter two of whom were not charged in the case), will move this Honorable Court for return of the personal property seized from them and held as evidence in the above captioned criminal case.   
	This motion is based upon this Notice of Motion, the attached declarations and exhibits, points and authorities, testimony and other evidence produced at the evidentiary hearing(s), all files and records of this case, and any other evidence presented whether oral or documentary.
	As grounds for this motion Edward and Terence Rea and Seldon McDonald state the following:
	1.    On July 27, 1994, a search warrant was executed for the premises at 6502 Grapevine Way, San Jose, CA and for the premises at 6375 Farm Hill Way, San Jose, CA.  During the search, items of personal property belonging to the three petitioners were seized.  Edward Rea was arrested and prosecuted in the above entitled case.  Terence Rea and Seldon McDonald were released pending further investigation and were never prosecuted.  
	2.  Edward Rea’s criminal case was concluded with his sentencing on May 24, 1995.  He did not appeal, and has already served his time.  Rea had two federal forfeiture actions involving his bank accounts, but the last case was settled, and a stipulated judgment was entered in November 1998.  There are no further criminal proceedings pending for which the items could be used as evidence.  No state or federal forfeiture cases were ever filed against this personal property.  This property is currently being held in an evidence locker by the Property Controller, 2025 Gateway Place, Suite 474, San Jose, CA 95110, and is identified by the Property Controller as investigation #SJ94-0047 (BNE evidence vault nos 94SJ-0044 and 94SJ-0045.) 
	4.  After the conclusion of Edward Rea’s criminal and civil forfeiture proceedings, Rea and McDonald contacted the Bureau of Narcotics Enforcement and asked for return of the items of personal property still being held by the Property Controller.  They were told they needed a court order from the sentencing judge.  The Property Controller stated that she was unable to tell what property is in the evidence locker.
	5.  Edward and Terence Rea and Seldon McDonald seek the return of all of the noncontraband items in the attached itemized lists of property seized by the police.  They also seek return of items seized from them which did not appear on the itemized lists, including but not limited to the items listed in Seldon McDonald’s declaration (attached).
	WHEREFORE for the foregoing reasons this Court should order the Property Controller to return these items.
			                                  Respectfully submitted,

                                     			________________________
                                       			BRENDA GRANTLAND, ESQ.
						20 Sunnyside Suite A
						PMB 204
						Mill Valley CA 94941
						(415) 380-9108

                     Certificate of Service
       I hereby certify that a copy of the foregoing motion was served, by first class mail, upon Sharon Woo, Deputy District Attorney, County Government Building, 70 W. Heading Street, West Wing, San Jose, CA , this ____ day of _________, 1999.

							                                          
							Brenda Grantland, Esq.