77-24-2 - Property not needed as evidence -- Return procedure.
77-24-2. Property not needed as evidence -- Return procedure.
(1) Property which is not needed as evidence shall be returned to the owner, if the ownermay lawfully possess it, or disposed of in accordance with this chapter.
(2) (a) When the peace officer or the officer's employing agency becomes aware that theproperty is not needed as evidence, the officer or the agency shall inform the prosecuting attorneythat the property is not needed and provide a description and details of ownership.
(b) When the prosecuting attorney is informed or otherwise becomes aware that theproperty is not needed as evidence, the prosecutor shall authorize release of the property to theowner.
(c) When the peace officer or the officer's employing agency becomes aware that anyproperty is to be returned to its owner, the officer or employing agency shall exercise duediligence in attempting to notify the rightful owner that the property is to be returned.
(d) If the property is a weapon, the peace officer shall dispose of it in accordance withSection 76-10-525.
(e) (i) Upon proof of ownership and of lawfulness of possession satisfactory to theevidence custodian, the custodian shall release the property to the owner.
(ii) If the evidence custodian is unable to locate an owner of the property or if the owneris not entitled to lawfully possess the property, the agency having custody of the property shalldispose of the property in accordance with Section 77-24-4.
(3) (a) When property is received in evidence, the clerk of the court last receiving it shallretain the property or the clerk shall return the property to the custody of the peace officer. Theproperty shall be retained by the clerk or the officer until all direct appeals and retrials are final,at which time the property shall be returned to the owner in accordance with this chapter. If theproperty was seized for forfeiture, it shall be held and disposed of as provided in Title 24,Chapter 1, Utah Uniform Forfeiture Procedures Act.
(b) If the prosecuting attorney considers it necessary to retain control over the evidence,in anticipation of possible collateral attacks upon the judgment or for use in a potentialprosecution, he may decline to authorize return of the property to the owner.
Amended by Chapter 126, 2005 General Session