§ 12-5-8 - Hearing upon seizure of matter alleged to be obscene.
SECTION 12-5-8
§ 12-5-8 Hearing upon seizure of matteralleged to be obscene. – Whenever any sheriff, deputy sheriff, municipal or state police officer, or anyother person authorized by law to execute a search warrant shall seize anyproperty alleged to be obscene, pursuant to a search warrant issued under theprovisions of this chapter, the person in whose possession it is found or whoclaims a proprietary interest in it shall be entitled to a hearing before thesuperior court on the question of whether or not the property is obscene withinthree (3) days of the time a written demand is submitted to a judge of thesuperior court and notice served upon the attorney general, or in the case oftowns and cities the chief legal officer of the town or city, and if a hearingis held, the court shall render a decision on the question within forty-eight(48) hours of the conclusion of the hearing. If by the decision the courtdetermines that the matter is not obscene, it shall be immediately returned tothe person.