US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Iowa Code » Title XVI - CRIMINAL LAW AND PROCEDURE » Chapter 809 - DISPOSITION OF SEIZED PROPERTY

Section 809.1 – Definitions.

809.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Seizable property” means any of the following: a. Property which is relevant in a criminal prosecution or investigation. b. Property defined by law to be forfeitable property. c. Property which if not seized by the state poses an imminent danger to a […]

Section 809.10

809.10 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.

Section 809.11

809.11 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.

Section 809.12

809.12 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.

Section 809.12A – Appeals.

809.12A Appeals. An appeal from a denial of an application for the return of seized property or from an order for the return of seized property shall be made within thirty days after the entry of a judgment order. The appellant, other than the state, shall post a bond of a reasonable amount as the […]

Section 809.13

809.13 Repealed by 96 Acts, ch 1133, §53. See chapter 809A.

Section 809.14

809.14 Repealed by 96 Acts, ch 1133, §53. See chapter 809A.

Section 809.15 – Combining proceedings.

809.15 Combining proceedings. In cases involving seized property and property subject to forfeiture pursuant to section 809A.4, the court may order that the proceedings be combined for purposes of this chapter. 86 Acts, ch 1140, §17; 96 Acts, ch 1133, §50

Section 809.16 – Rulemaking.

809.16 Rulemaking. The attorney general shall adopt, amend, or repeal rules pursuant to chapter 17A to carry out the provisions of this chapter. 86 Acts, ch 1140, §18; 96 Acts, ch 1133, §51

Section 809.17 – Proceeds applied to various programs.

809.17 Proceeds applied to various programs. Except as provided in section 809.21, proceeds from the disposal of seized property pursuant to this chapter may be transferred in whole or in part to the victim compensation fund created in section 915.94 at the discretion of the recipient agency, political subdivision, or department. 90 Acts, ch 1251, […]

Section 809.2 – Notice of seizure.

809.2 Notice of seizure. The officer taking possession of seized property shall make a written inventory of the property and deliver a copy of the inventory to the person from whom it was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of the […]

Section 809.21 – Sale of certain ammunition and firearms.

809.21 Sale of certain ammunition and firearms. Ammunition and firearms which are not illegal and which are not offensive weapons as defined by section 724.1 may be sold by the department of public safety at public auction. The department of public safety may sell at public auction forfeited legal weapons received from the director of […]

Section 809.3 – Application for immediate return of seized property.

809.3 Application for immediate return of seized property. 1. Any person claiming a right to immediate possession of seized property may make application for its return in the office of the clerk of court for the county in which the property was seized. 2. The application for the return of seized property shall state the […]

Section 809.4 – Hearing — appeal.

809.4 Hearing — appeal. An application for the return of seized property shall be set for hearing not less than five nor more than thirty days after the filing of the application and shall be tried to the court. All claims to the same property shall be heard in one proceeding unless it is shown […]

Section 809.5 – Disposition of seized property.

809.5 Disposition of seized property. 1. Seized property shall be returned to the owner if the property is no longer required as evidence or the property has been photographed and the photograph will be used as evidence in lieu of the property, if the property is no longer required for use in an investigation, if […]

Section 809.6

809.6 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.

Section 809.7

809.7 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.

Section 809.8

809.8 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.

Section 809.9

809.9 Repealed by 96 Acts, ch 1133, §53. See §809.12A and chapter 809A.