Code Section Group

Vehicle Code - VEH


  ( Division 3 enacted by Stats. 1959, Ch. 3. )

CHAPTER 2.5. Miscellaneous Title Provisions [6150 - 6172]

  ( Chapter 2.5 added by Stats. 1994, Ch. 1247, Sec. 6. )

ARTICLE 3. Return of Stolen Motor Vehicle Retained as Evidence [6171 - 6172]
  ( Article 3 added by Stats. 1994, Ch. 1247, Sec. 6. )


When criminal charges have been filed involving a motor vehicle alleged to have been stolen and the vehicle is in the custody of a peace officer for evidentiary purposes, it shall be held in custody or, if a request for its release from custody is made, until the prosecutor has notified the defendant or his or her attorney of that request and both the prosecution and defense have been afforded a reasonable opportunity for an examination of the motor vehicle to determine its true value and to produce or reproduce, by photographs or other identifying techniques, legally sufficient evidence for introduction at trial or other criminal proceedings.

(Added by Stats. 1994, Ch. 1247, Sec. 6. Effective January 1, 1995.)


Upon expiration of a reasonable time for the completion of the examination, which in no event shall exceed 30 days from the date of service of the notice of request or return of the motor vehicle as provided in Section 6171, the property shall be released to the person making that request after satisfactory proof of the person’s entitlement to the possession. Notwithstanding the foregoing, upon ex parte application by either party with notice to the other, the court may grant additional time for the examination or order retention of the motor vehicle if it determines that either is necessary to further the interests of justice; however, this provision shall not be construed to require a noticed hearing.

(Added by Stats. 1994, Ch. 1247, Sec. 6. Effective January 1, 1995.)

VEHVehicle Code - VEH3.