People v. Superior Court (Clements)

I dissent. Health and Safety Code1 section 11488.4, subdivision (h) (hereinafter subdivision (h)), provides in pertinent part: “If there is an underlying or related criminal action, a defendant may move. . . for the return of the property on the grounds that there is not probable cause to believe that the property is forfeitable pursuant to subdivisions (a) to (g), inclusive, of Section 11470 and is not automatically made forfeitable or subject to court order of forfeiture ... by another provision of this chapter. The motion may be made at the preliminary examination or subsequent thereto.…