California, United States of America
The following excerpt is from Coy v. County of Los Angeles, 1 Cal.Rptr.2d 215, 235 Cal.App.3d 1077 (Cal. App. 1991):
However, by waiting until 1985 to file suit, plaintiff exceeded the statute of limitations for conversion and claim and delivery. Evidence obtained pursuant to a search warrant is retained and held for the benefit of the court by the seizing agency subject to a court order. (Pen.Code, 1536; Gershenhorn v. Superior Court (1964) 227 Cal.App.2d 361, 366, 38 Cal.Rptr. 576.) When the municipal or superior courts in the present case denied a motion for return of evidence, that constituted, as a matter of law, a demand by the owner and a refusal by the entity holding the property to return it.
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