Return of Seized Property; How Sought

(a)A person aggrieved by an unlawful search and seizure may move the court for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. The judge shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored and it shall not be admissible in evidence at any hearing or trial. A motion for return of property may also be treated as a motion to suppress under § 65.15.

(b)Nothing in Subsection

(a)shall limit the right of a defendant to make a motion to suppress evidence in the court of trial as provided in Chapter 65 (commencing with § 65.10).