Section 23A-37-15 – Notice to defendant of return–Motion not to release.
23A-37-15. Notice to defendant of return–Motion not to release. Before any property is returned to the owner pursuant to §23A-37-14, the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that […]
Section 23A-37-12 – Chapter supplemental–Disposition as directed by court.
23A-37-12. Chapter supplemental–Disposition as directed by court. The provisions of this chapter shall not be exclusive, but shall be supplemental to other laws on the subject. Unless otherwise provided by law, all other property shall be disposed of in such manner as the court shall direct. Source: SL 1978, ch 178, §471.
Section 23A-37-13 – Controlled weapons and firearms disposal.
23A-37-13. Controlled weapons and firearms disposal. Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows: (1)If it is stolen, it shall be returned to the lawful owner upon proof of ownership; (2)If it is illegal, it shall be destroyed pursuant to law; or (3)If it is neither […]
Section 23A-37-13.1 – Money from sale to be deposited in law enforcement officers training fund.
23A-37-13.1. Money from sale to be deposited in law enforcement officers training fund. Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to §23A-37-13 shall be deposited in the law enforcement officers training fund. Source: SL 2006, ch 137, §2.
Section 23A-37-14 – Photographing and return of property of victim seized as evidence–Admissibility of photographs.
23A-37-14. Photographing and return of property of victim seized as evidence–Admissibility of photographs. Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property […]
Section 23A-37-2 – Safekeeping of seized property.
23A-37-2. Safekeeping of seized property. Seized property shall be safely kept and may not be taken from its custodian as long as it is required as evidence in any trial without an order of such court. Source: SL 1978, ch 178, §463.
Section 23A-37-3 – Transfer to another court of property required as evidence.
23A-37-3. Transfer to another court of property required as evidence. Where seized property is no longer required as evidence the court may transfer such property to the jurisdiction of any other court, including courts of another state or federal courts, where it is shown to the satisfaction of the court that such property is required […]
Section 23A-37-4 – Application for return of property to person with right to possession.
23A-37-4. Application for return of property to person with right to possession. 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 […]
Section 23A-37-5 – Time of hearing on claim for return of seized property.
23A-37-5. Time of hearing on claim for return of seized property. All claims for the return of seized property shall be set for a hearing which shall be held not less than five nor more than thirty days after the filing of the first claim. Source: SL 1978, ch 178, §467.
Section 23A-37-6 – Notice of hearing on disposition of seized property.
23A-37-6. Notice of hearing on disposition of seized property. The clerk of courts shall issue a notice of a hearing containing a reasonable description of the property and the time, place, and cause of its seizure. Such notice shall be reasonably calculated to apprise the affected person of the pendency of the hearing. Source: SL […]