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27.06.100 Grounds for Motion for Restoration of Things Seized.
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(1) A motion for the return or restoration of things seized must be based on the ground that the petitioner has a valid claim to rightful possession of the property, because of one or more of the following reasons:

(A) The things had been stolen or otherwise converted, and the petitioner is the owner or rightful possessor;

(B) The things seized were not in fact subject to seizure;

(C) The petitioner, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure;

(D) Although the things seized were subject to seizure, the petitioner is or will be entitled to their return or restoration upon the Court’s determination that they are no longer needed for evidentiary purposes; or

(E) The parties in the case have stipulated that the things seized may be returned to the petitioner.

(2) If the motion is granted, the property must be returned to the owner or to the place where it was seized. If the motion is denied, the property must remain available for use in the trial subject to a motion to suppress. A motion to suppress evidence may be made before the Court.