Arizona § 13-3920 Retention of property

Arizona Statutes

§ 13-3920 — Retention of property

Arizona·Title 13 Arizona Revised Statutes·Ch. 38 MISCELLANEOUS·Art. 8 Search Warrant

A.All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence.

B.Notwithstanding section 13-3922, all property seized by a law enforcement agency in this state at any time must be returned to the owner, if known, within ten business days after the property's seizure unless any of the following applies:

1.The owner has been arrested and charged with a criminal offense subject to forfeiture.

2.The property is sought to be used as evidence.

3.It is illegal for the owner to possess the property.

4.The property was seized for forfeiture, in which case the property may be returne

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A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence.

B. Notwithstanding section 13-3922, all property seized by a law enforcement agency in this state at any time must be returned to the owner, if known, within ten business days after the property's seizure unless any of the following applies:

1. The owner has been arrested and charged with a criminal offense subject to forfeiture.

2. The property is sought to be used as evidence.

3. It is illegal for the owner to possess the property.

4. The property was seized for forfeiture, in which case the property may be returned as prescribed by chapter 39 of this title.

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