This motion to quash was heard by the court and denied, and its denial is assigned as error. In view of the fact that plaintiff in error did not claim ownership of the property seized he is precluded from asserting that the seizure was unlawful, or to complain of its use in evidence as being in violation of his constitutional rights ( People v. Savanna Lodge, 344 Ill. App. 278). The Supreme Court of this State has repeatedly held that where a defendant disclaims ownership of property seized and does not seek its return to him, he cannot complain of its seizure or of its use in evidence against him, for he is not then in a position of giving evidence against himself ( People v. Edge, 406 Ill. 490; People v. Tabet, 402 Ill. 100; People v. Exum, 382 Ill. 204). It is not contended by anyone on this appeal that the evidence is not as hereinbefore set forth.