715.10 – Pretrial Motion to Destroy Dangerous Drugs.

§ 715.10  Pretrial motion to destroy dangerous drugs.
  1.    Subject  to  the limitations in paragraph (b) of subdivision two
hereof a district attorney may move in a superior court for an order  of
destruction  of  the  dangerous  drugs  in  felony  cases  involving the
possession or sale of such drugs.
  2.  A motion for an order of destruction of dangerous drugs  shall  be
in  writing,  have attached thereto a copy of the report of analysis and
shall be made in the following manner:
  (a)  Ex parte; where no defendants have been  arrested  in  connection
with the seizure of such drugs and a showing is made upon affidavit that
the   likelihood  of  any  future  arrest  in  connection  therewith  is
nonexistent; or
  (b)  Upon notice, when a defendant has been arraigned  in  a  superior
court  upon  an  indictment  charging  him  with  a felony involving the
possession or sale of a dangerous drug and the dangerous drugs sought to
be destroyed are material to the prosecution of said indictment.
  3.  When such motion is ex parte, the court may order the  destruction
of all or part of the subject drugs.
  4.   When such motion is upon notice, further proceedings shall be had
as provided in section 715.20 hereof.