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HomeHealth and Safety CodeDiv. 10Ch. 8§ 11488 Drug Arrest Property Seizure

§ 11488 Drug Arrest Property Seizure

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11488 Drug Arrest Property Seizure

Key Takeaways

  • •If the police arrest someone for selling or making drugs, they can take things like money, cars, or other stuff they think was used for drug crimes.
  • •The police must give a receipt for anything they take to the person they took it from or the person in charge of the place where it was taken.
  • •If the police take stuff worth more than $5,000, they have to tell the Franchise Tax Board about it.
  • •The person who gets the receipt is assumed to be the owner of the stuff, but they can prove in court that it’s not theirs if they want to.

Example

The police arrest someone for selling drugs out of their car. The car has $10,000 cash and some drug-making tools inside.

The police can take the car, the cash, and the tools because they were used for selling drugs. They must give the person a receipt for these items. Since the cash is worth more than $5,000, the police also have to tell the Franchise Tax Board about it. The person who gets the receipt is assumed to own the stuff, but they can go to court to prove it’s not theirs if needed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11488 Drug Arrest Property Seizure

(a)  Any peace officer of this state, subsequent to making or attempting to make an arrest for a violation of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, or 11382 of this code, or Section 182 of the Penal Code insofar as the offense involves manufacture, sale, purchase for the purpose of sale, possession for sale or offer to manufacture or sell, or conspiracy to commit one of those offenses, may seize any item subject to forfeiture under subdivisions (a) to (f), inclusive, of Section 11470. The peace officer shall also notify the Franchise Tax Board of a seizure where there is reasonable cause to believe that the value of the seized property exceeds five thousand dollars ($5,000). (b)  Receipts for property seized pursuant to this section shall be delivered to any person out of whose possession such property was seized, in accordance with Section 1412 of the Penal Code. In the event property seized was not seized out of anyone’s possession, receipt for the property shall be delivered to the individual in possession of the premises at which the property was seized. (c)  There shall be a presumption affecting the burden of proof that the person to whom a receipt for property was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture hearing specified in Section 11488.5. (Repealed and added by Stats. 1994, Ch. 314, Sec. 9. Effective August 19, 1994.)

Last verified: January 23, 2026

Key Terms

propertyofferoffensepossessionarresthearingpresumptionfranchise tax board

Related Statutes

  • § 2861 Nuisance Compliance Hearing Process
  • § 9090 Zone Formation Procedures
  • § 18116.1 Mobilehome Registration Fee Lien
  • § 19815 Vendor Property Seizure Appeal
  • § 2829 District Formation Hearing Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 11488.
View Official Source