SEARCH WARRANTS C-419847 & C-419848 v. State

HOLOHAN, Chief Justice.

This is the second opinion issued by this court involving petitioners’ case. In our previous opinion we ruled that a motion pursuant to A.R.S. § 13-3922 for the return of property seized under a search warrant is a civil proceeding governed by the law of civil appeals. Greehling v. State, Ariz., 662 P.2d 1005 (1982). We retained jurisdiction of the appeal to decide the merits of the case. For a recitation of the facts, see Greehling v. State, supra.

The issues raised by this appeal are:

1. Who has the burden of proof under the contravention and restoration of property…