Section 108 – Recovery of seized property by innocent owner or interest holder.
Effective 5/4/2022 24-2-108. Recovery of seized property by innocent owner or interest holder. (1) (a) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, a claimant alleged to be an innocent owner or an interest holder may recover possession of seized property by: (i) submitting a written request with the seizing agency before the […]
Section 101.5 – Application of this chapter.
Effective 5/4/2022 24-3-101.5. Application of this chapter. The provisions of this chapter do not apply to property: (1) that is subject to the retention requirements under Title 53, Chapter 20, Forensic Biological Evidence Preservation; or (2) for which an agency has filed a notice of intent to seek forfeiture under Section 24-4-103. Amended by Chapter […]
Section 103 – Disposition of property.
Effective 5/5/2021 24-3-103. Disposition of property. (1) If a prosecuting attorney determines that seized property no longer needs to be retained for court proceedings, the prosecuting attorney may: (a) petition the court to apply the property that is money towards restitution, fines, fees, or monetary judgments owed by the owner of the property; (b) petition […]
Section 103.5 – Disposition of firearms no longer needed as evidence.
Effective 1/1/2018 24-3-103.5. Disposition of firearms no longer needed as evidence. (1) As used in this section: (a) “Confiscated or unclaimed firearm” means a firearm that is subject to disposal by an agency under Section 24-3-103 or 53-5c-202. (b) “Department” means the Department of Public Safety created in Section 53-1-103. (c) “Federally licensed firearms dealer” […]
Section 104 – Petition to return property.
Effective 5/5/2021 24-3-104. Petition to return property. (1) (a) A claimant may file a petition with the court for the return of the property that is being retained as evidence. (b) The claimant may file the petition in: (i) the court in which criminal proceedings have commenced regarding the offense for which the property is […]
Section 104 – Custody of seized property and contraband.
Effective 5/4/2022 24-2-104. Custody of seized property and contraband. (1) If a peace officer seizes property or contraband under Section 24-2-102, the property and contraband: (a) is not recoverable by replevin; and (b) is considered in the custody of the agency that employed the peace officer. (2) An agency with custody of seized property shall: […]
Section 103 – Venue.
Effective 5/5/2021 24-1-103. Venue. (1) In addition to the venue provided for under Title 78B, Chapter 3, Part 3, Place of Trial — Venue, or any other provisions of law, a proceeding under this title may be maintained in the judicial district in which: (a) the property is seized; (b) any part of the property […]
Section 102 – Grounds for seizing property.
Effective 5/5/2021 24-2-102. Grounds for seizing property. (1) A peace officer may seize property and contraband upon a search warrant or administrative warrant that is issued in accordance with the Utah Rules of Criminal Procedure. (2) A peace officer may seize property and contraband under this chapter when: (a) the seizure is incident to an […]
Section 102.5 – Seizure of contraband.
Effective 5/5/2021 24-2-102.5. Seizure of contraband. If a peace officer seizes contraband, a person may not assert an ownership interest in the contraband under this title. Enacted by Chapter 230, 2021 General Session
Section 103 – Property seized by a peace officer.
Effective 5/5/2021 24-2-103. Property seized by a peace officer. (1) To disclaim an ownership interest in property at the time of seizure, an individual’s disclaimer of the property shall be knowing and voluntary. (2) If property is seized, the peace officer or the peace officer’s employing agency shall provide a receipt to the person from […]