Advocate Ofir Sternberg

Search and Seizure

Return of Seized Property and Funds in a Criminal Investigation

Seizure of money, a vehicle, phone, or other property does not establish criminal connection or transfer ownership to the State. A person claiming a right may seek return through the proper judicial procedure.

When may police seize property?

Statutory seizure power depends on the asserted evidentiary, preventive, or forfeiture-related connection and the circumstances of the search.

Seizure versus forfeiture

Seizure is temporary possession pending investigation or proceedings; forfeiture is a separate final or interim legal remedy requiring its own authority.

Application for return

An interested person may apply to the competent court, identify the property and right claimed, and explain why continued possession is unnecessary or disproportionate.

What must be shown?

Useful evidence includes the inventory, ownership and source records, business or personal need, passage of time, and a proposed safeguard where appropriate.

Seizure receipt

Request a complete receipt identifying every item, amount, serial number, location, and date.

No police response

A documented request should precede or support a court application when the authority does not respond.

How long may property be held?

Time limits and extensions depend on the governing provision and procedural history; continued detention is not unlimited.

Repeated extensions

Each extension requires a lawful basis and remains subject to necessity and proportionality.

Early return

An application may be made before a general outer period expires when the factual and legal grounds support it.

What the court considers

The court balances evidentiary and forfeiture needs against ownership, hardship, duration, alternatives, and third-party rights.

Conditional return of a vehicle

Registration restrictions, insurance, guarantees, valuation, or other safeguards may permit use while preserving the State's asserted interest.

Partial return of funds

A court may distinguish disputed sums or order partial release where the record supports separation.

Third-party property

An owner who is not suspected should present clear ownership, source, possession, and lack-of-knowledge evidence.

Mobile phones

The physical device, copied data, search authority, investigative need, and severe practical dependence on the device should be addressed separately.

Copies of information or documents

Where originals must remain, access or copies may reduce harm without compromising evidence.

Money laundering and drug cases

Broad seizure and forfeiture regimes may apply, but nexus, amount, legitimate source, and proportionality remain contestable.

Does cash prove criminal origin?

No. Location and amount are relevant, but lawful source and the alleged connection must be assessed.

Only part is connected

Ask the court to separate, copy, redact, or conditionally release property beyond the demonstrated need.

Possible decisions

The court may return, partially return, retain, impose conditions, require security, or set a further deadline.

Frequently asked questions

Do not sell, alter, remotely erase, or conceal seized or targeted property; preserve proof and use the formal procedure.

Principal legal sources

Criminal Procedure (Arrest and Search) Ordinance [New Version], 5729-1969, and any applicable forfeiture statute.

CONTACT

For an individual review and to arrange a call.

The information is general and does not constitute legal or financial advice. Terms of use