A petition for the return or restoration of things seized shall be based on the ground that the petitioner has a valid claim to rightful possession because:
(1) The things had been stolen or otherwise converted and the petitioner is the owner or rightful possessor;
(2) The things seized were not, in fact, subject to seizure in connection with the suspected parole or post-prison supervision violation;
(3) Although the things seized were subject to seizure in connection with a suspected parole or post-prison supervision violation, the petitioner is or will be entitled to their return or restoration upon a determination by the Department of Corrections or the State Board of Parole and Post-Prison Supervision that they are no longer needed for evidentiary purposes, do not constitute a parole or post-prison supervision violation or may be lawfully possessed by the petitioner; or
(4) The suspected parole or post-prison supervision violator and the department have stipulated that the things seized may be returned to the petitioner. [1991 c.286 §4]
Note: See note under 144.404 (Department of Corrections authority to receive, hold and dispose of property).