What legal action allows an owner to recover seized contraband?

Prepare for the TCOLE Code of Criminal Procedure Test with in-depth study modules and quizzes. Engage with expert-crafted multiple choice questions, hints, and detailed explanations. Boost your confidence and ace your Texas law enforcement exam.

Replevin is a legal action that specifically allows a property owner to recover seized contraband or personal property that has been wrongfully taken or is being withheld. This action is relevant in situations where an individual wants to reclaim items that may be in possession of another party, such as law enforcement, following a seizure.

In the context of criminal procedure, replevin can be used when a person asserts that the property seized is theirs and they are entitled to its return. This process generally involves filing a lawsuit to prove ownership and the right to possess the property, leading to potential legal proceedings that can result in the return of the seized items.

The other options do not serve this function. Quash refers to the ability to nullify or make void a legal document, such as a warrant. Exclusion pertains to the exclusionary rule, which is used to prevent illegally obtained evidence from being used in court, and seizure refers to the act of taking property. None of these directly relate to the recovery of seized contraband like replevin does.

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