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,			|	
							|	

v.							|	POINTS AND AUTHORITIES
							|	IN SUPPORT OF MOTION
EDWARD ALFRED REA,				|	FOR RETURN OF PROPERTY
							|	
			Defendant.			|	
__________________________________________|

Case law clearly established that both during and after the pendency of a criminal action, [Penal Code] section 1536 empowers the court to entertain a summary proceeding by ‘nonstatutory’ motion, for the release of property seized under a search warrant.

People v. Icenogle, (1985), 164 Cal.App.3d 620, 210 Cal.Rptr. 575, 577.  This remedy was recently recognized as the proper remedy for release of seized property under California law.  Perkins v. City of W. Covina (9^th Cir. 1997), 113 F.3d 1004, reversed on other grounds, City of W. Covina v. Perkins, (S.Ct. # 97-1230, January 13, 1999). 
	No forfeiture action has been filed against any of the property listed in the attached itemizations of property seized.  The statutes of limitation for any forfeiture actions have now passed, both under state and federal law.  Health & Safety Code § 11488.4 (a) imposes a one-year statute of limitations for forfeitures under Health & Safety Code §11470 et seq.  A “forfeiture complaint must be filed within one year after the seizure of the property,”  People v. Ten $500 etc. Traveler’s Checks (1993, 1^st Dist) 16 Cal.App.4^th 475, 20 Cal.Rptr.2d 128.  
	The federal statute of limitations within which the government must file any forfeiture action is five years from the date of discovery of the illegal acts giving rise to forfeiture.  28 U.S.C. §2462, 19 U.S.C. §1621.  
	It is not clear when the police first discovered Edward Rea’s offense, but the search warrant was executed on July 27, 1994, and they had to have discovered the offense before then in order to obtain a warrant.  Therefore, the five year statute ran on July 27, 1999.
	WHEREFORE, for the foregoing reasons the property should be released to Edward Rea, Terrence Rea and Seldon McDonald.	
			                                  Respectfully submitted,

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