All property seized pursuant to a search warrant shall be retained by the officer in his custody, subject to the order of the court to which he is required to make his return or of any other court in which the offense in respect to which the property taken is triable. NOTE: Section 35.40 supersedes former § 1536 and has been revised to conform to § 1536 of the California Penal Code. The former statute seemed to require actual delivery to the magistrate who in turn was to deliver it to the clerk of the court. The actual practice, however, was for the Guam Police Department to retain custody pending further disposition.
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