James Woo v. El Paso County Sheriff's Office and Fourth Judicial District Attorney's Office

Summary

The court held that a defendant may seek the return of lawfully seized property through a motion in the criminal case after conviction and sentencing, provided the trial court has subject matter jurisdiction and the motion is filed during an authorized period of jurisdiction. Because that remedy is constitutionally adequate, the governmental-immunity bar to the defendant's civil replevin action did not violate procedural due process. The court affirmed the judgment on grounds slightly different from those relied on below.