South Dakota § 23A-37-4 Application for return of property to person with right to possession.

South Dakota Statutes

§ 23A-37-4 — Application for return of property to person with right to possession.

South Dakota·Title 23A CRIMINAL PROCEDURE·Ch. 23A-36 DISPOSITION OF SEIZED PROPERTY

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held. An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner.

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Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held. An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner.

South Dakota § 23A-37-4 (Application for return of property to person with right to possession.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.