§ 11-41-15. Recovered stolen property.
(a) The officer who shall apprehend any person as principal or accessory in any robbery
or larceny shall secure the property alleged to be stolen and shall be answerable
for the property, and shall annex a schedule of it to his or her return. Upon receipt
of the property from the apprehending officer, the clerk or person in charge of the
storage of alleged stolen property for a police department shall enter into a book
a description of every article of property alleged to be stolen which was brought
to the police department and shall attach a number to each article.
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§ 11-41-15. Recovered stolen property.
(a) The officer who shall apprehend any person as principal or accessory in any robbery
or larceny shall secure the property alleged to be stolen and shall be answerable
for the property, and shall annex a schedule of it to his or her return. Upon receipt
of the property from the apprehending officer, the clerk or person in charge of the
storage of alleged stolen property for a police department shall enter into a book
a description of every article of property alleged to be stolen which was brought
to the police department and shall attach a number to each article.
(b)(1) The clerk or person in charge of the storage of alleged stolen property may deliver
the property to the owner of the property upon satisfactory proof of ownership, provided
that the following steps are followed:
(i) A complete photographic record of the property is made;
(ii) The person from whom custody of the property was taken is served with a notice of
the claim of ownership and is given a reasonable opportunity to be heard as to why
the property should not be delivered to the person claiming ownership;
(iii) A signed declaration of ownership under penalty of perjury is obtained from the person
to whom the property is delivered.
(2) The delivery of property to the owner shall be without prejudice to the state or any
other person who may have a claim to the property. Any property subject to forfeiture
under any provision of law shall not be returned pursuant to this section.
(c) Upon application to the superior court by the person from whom custody of the property
was taken, a review of the determination of the clerk or the person in charge of the
storage of alleged stolen property shall be made within thirty (30) days of the receipt
of that application. The court shall have the power to order the property taken into
the custody of the court upon a finding that the person to whom the property was delivered
was not entitled to it.
(d) The clerk or person in charge of the storage of alleged stolen property shall not
be liable for damages for any official act performed in good faith in the course of
carrying out the provisions of this section.
(e) The photographic record of the alleged stolen property required by paragraph (b)(1)(i)
of this section shall be allowed to be introduced as evidence in any court of this
state in place of the actual alleged stolen property.