New Mexico § 31-27-10 Return of property; damages; costs

New Mexico Statutes

§ 31-27-10 — Return of property; damages; costs

New Mexico·Ch. 31 Criminal Procedure·Art. 27 Forfeiture

A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after:

(1)a court finds that a person had a bona fide security interest in the property;

(2)a court finds that the owner was an innocent owner;

(3)the acquittal of or dismissal of related criminal charges against the owner of the property; or (4) the disposal of the criminal charge that was the basis of the forfeiture proceedings by nolle prosequi. B. A law enforcement agency that holds seized property is responsible for any damages, storage fees and related costs applicable to property that is returned to an owner pursuant to this section.

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A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after: (1) a court finds that a person had a bona fide security interest in the property; (2) a court finds that the owner was an innocent owner; (3) the acquittal of or dismissal of related criminal charges against the owner of the property; or (4) the disposal of the criminal charge that was the basis of the forfeiture proceedings by nolle prosequi. B. A law enforcement agency that holds seized property is responsible for any damages, storage fees and related costs applicable to property that is returned to an owner pursuant to this section.

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