(a) Real or personal property seized for forfeiture under this subchapter is not subject to replevin, but is deemed to be in the custody of the seizing law enforcement agency subject only to an order or decree of the circuit court having jurisdiction over the property seized.
(b) Subject to any need to retain the real or personal property as evidence, when real or personal property is seized under this subchapter the seizing law enforcement agency shall:(1) Remove the personal property to a place designated by the circuit court;(2) Place the real property under constructive seizure by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the real property;(3) Remove the personal property to a storage area for safekeeping or, if the personal property is a negotiable instrument or money, or is not needed for evidentiary purposes, deposit it in an interest-bearing account; or(4) Provide for another agency or custodian, including an owner, secured party, mortgagee, or lienholder, to take custody of the real or personal property and service, maintain, and operate it as reasonably necessary to maintain its value in any appropriate location within the jurisdiction of the court.
(1) Remove the personal property to a place designated by the circuit court;
(2) Place the real property under constructive seizure by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the real property;
(3) Remove the personal property to a storage area for safekeeping or, if the personal property is a negotiable instrument or money, or is not needed for evidentiary purposes, deposit it in an interest-bearing account; or
(4) Provide for another agency or custodian, including an owner, secured party, mortgagee, or lienholder, to take custody of the real or personal property and service, maintain, and operate it as reasonably necessary to maintain its value in any appropriate location within the jurisdiction of the court.
(c) (1) In any transfer of real or personal property under § 5-5-604, a transfer receipt shall be prepared by the transferring law enforcement agency.(2) The transfer receipt shall:(A) List a detailed and complete description of the real or personal property being transferred;(B) State to which federal agency the real or personal property is being transferred and the source or authorization for the transfer; and(C) Be signed by both the transferor and the transferee.(3) Both transferor and transferee shall maintain a copy of the transfer receipt.
(1) In any transfer of real or personal property under § 5-5-604, a transfer receipt shall be prepared by the transferring law enforcement agency.
(2) The transfer receipt shall:(A) List a detailed and complete description of the real or personal property being transferred;(B) State to which federal agency the real or personal property is being transferred and the source or authorization for the transfer; and(C) Be signed by both the transferor and the transferee.
(A) List a detailed and complete description of the real or personal property being transferred;
(B) State to which federal agency the real or personal property is being transferred and the source or authorization for the transfer; and
(C) Be signed by both the transferor and the transferee.
(3) Both transferor and transferee shall maintain a copy of the transfer receipt.
(d) A person who acts as custodian of real or personal property under this section is not liable to any person on account of an act done in a reasonable manner in compliance with an order under this subchapter.