(A) A person who did not have prior knowledge of, or consent to, the commission of the crime may move to return the property on the grounds that the property was illegally seized, that the property is not subject to forfeiture, or that the person has an ownership or security interest in the property and did not have prior knowledge of, or consent to, the commission of the crime. The court shall hear the motion within 30 days after the motion is filed.
(B) At the hearing, the Village Attorney shall establish:
(1) Probable cause to believe that the property is subject to forfeiture and that the person moving for return of the property had prior knowledge of or consented to the commission of the crime; and
(2) If the person moving for return of the property claims the property was illegally seized, that the property was properly seized.
(C) If the Village Attorney fails to sustain the burden of proof, the court shall order the return of the property.
(D) If a motor vehicle is the property seized, the owner of the vehicle may move to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner. The court shall hear the motion within seven days after the motion is filed. If the owner of the vehicle establishes at the hearing that he or she holds the legal title of the vehicle and that it is necessary for him or her or his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency to return the vehicle to the owner. If the court orders the return of the vehicle to the owner, the court shall order the seizing agency to file a lien against the vehicle.
(E) The testimony of a person at a hearing held under this chapter is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this chapter does not waive the person’s constitutional right against self-incrimination.
(Prior Code, § 302.01)