Section 15-5-16
Restoration of taken property to defendant; property to be forwarded to court if not restored.
(a) If it appears that the property taken is not the same as that described in a search warrant or that there is no probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be restored to the person from whom it was taken.
(b) If the property is not directed to be restored under the provisions of subsection (a) of this section, the judge or the magistrate shall annex together the search warrant, the return and the depositions and return them to the court having power to inquire into the offense in respect to which the search warrant was issued.
(Code 1852, §§841, 842; Code 1867, §§4392, 4393; Code 1876, §§4021, 4022; Code 1886, §§4742, 4743; Code 1896, §§5499, 5500; Code 1907, §§7772, 7773; Code 1923, §§5486, 5487; Code 1940, T. 15, §§115, 116.)