What is the legal test for obtaining a writ of habeas corpus to recover property seized by the Department of Justice?

On appeal, the court determined the appropriate writ to address the situation was a writ of mandate, rather than habeas corpus. It concluded a claim for return of specific property held by a public entity as bailee did not require presentation of a government claim prior to seeking judicial relief by way of mandate, because it was not a claim for money or damages to which the claim filing requirement applied. The court quoted Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, which stated: "'[T]he government in effect occupies the position of a bailee when it seizes from an arrestee property that is not shown to be contraband. [Citation.] The arrestee retains his right to eventual specific recovery, whether he seeks to regain tangible property like an automobile, ring, wallet or camera, or whether he seeks to recover a specific sum of money which, under general constructive trust principles, is traceable to property within the possession of the

Page 9