19.2-270.2 - Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence.
§ 19.2-270.2. Disposition of money, securities or documents seized uponarrest, etc., and pertinent as evidence.
A. When in the course of investigation or arrest, the investigating orarresting officer shall seize or come into the possession of moneys, cash, ornegotiable or nonnegotiable instruments or securities, hereinafter called"moneys or securities," taken or retained unlawfully from a financialinstitution or other person, and such moneys or securities, or a portionthereof, shall be pertinent evidence in a pending prosecution or appealtherefrom, the officer or agency having possession thereof, may retain,pending such prosecution or appeal thereof, sufficient of such moneys orsecurities as shall be necessary to prove the crime of grand larceny or othercrimes requiring a specific amount in value. The court upon motion of theattorney for the Commonwealth and for good cause shown may order the releaseof all moneys or securities, subject to the provisions of this section. Theremaining excess moneys or securities, if any, may be released to the ownerthereof, upon proper receipt therefor, which release shall be with theconsent of the attorney for the Commonwealth. The officer or agencyauthorizing such release shall make an appropriate record of such moneys orsecurities released, including designation or copying of serial numbers, andsuch record or receipt shall be admissible into evidence in any proceeding,hearing or trial of the case to the same extent as if such moneys orsecurities had been introduced. Such record or receipt shall contain the nameof the financial institution or person from whom such moneys or securitieswere taken, the place from which taken, the name of the accused, and the nameof the arresting officer or officers coming into initial possession of suchmoneys or securities. Pictures shall be taken of any instruments orsecurities and such pictures shall be attached to the receipt or record aboveand shall contain further, in the case of such copying, the date of thephotograph and the name of the photographer.
B. When in the course of investigation or arrest, the investigating orarresting officer seizes or comes into the possession of moneys or securitiesunder the provisions of this section, and such moneys or securities, or aportion thereof, are introduced as an exhibit in a prosecution or appealtherefrom, the court may, with the consent of the attorney for theCommonwealth, authorize the clerk of the circuit court, upon all appealrights being exhausted, to deposit such moneys or cash in an interest-bearingaccount.
(1980, c. 423; 1991, c. 680; 1995, c. 447.)