Title 23A — CRIMINAL PROCEDURE

Source: SL 1978, ch 178 , § 469; SL 1982, ch 170 , §§ 1 and 3.

For the purposes of this chapter, "seized property" means all property seized with or without a warrant by any law enforcement officer. Source: SL 1978, ch 178 , § 462.

If there is no claimant or if the right to possession of seized property cannot be determined after a reasonable period of time, the law enforcement agency collecting such property, through an order of the court, may: (1) Transfer ownership of the property to any governmental age…

Chapter 34-20B is specifically exempted from this chapter. Source: SL 1978, ch 178 , § 471.

The provisions of this chapter shall not be exclusive, but shall be supplemental to other laws on the subject. Unless otherwise provided by law, all other property shall be disposed of in such manner as the court shall direct. Source: SL 1978, ch 178 , § 471.

Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows: (1) If it is stolen, it shall be returned to the lawful owner upon proof of ownership; (2) If it is illegal, it shall be destroyed pursuant to law; or (3) If it is neither stolen …

Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to § 23A-37-13 shall be deposited in the law enforcement officers training fund. Source: SL 2006, ch 137 , § 2.

Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property is not …

Before any property is returned to the owner pursuant to § 23A-37-14 , the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the pr…

Seized property shall be safely kept and may not be taken from its custodian as long as it is required as evidence in any trial without an order of such court. Source: SL 1978, ch 178 , § 463.

Where seized property is no longer required as evidence the court may transfer such property to the jurisdiction of any other court, including courts of another state or federal courts, where it is shown to the satisfaction of the court that such property is required as evidence …

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held. An application for the return of real property may be made within thirty days of the seizure of such rea…

All claims for the return of seized property shall be set for a hearing which shall be held not less than five nor more than thirty days after the filing of the first claim. Source: SL 1978, ch 178 , § 467.

The clerk of courts shall issue a notice of a hearing containing a reasonable description of the property and the time, place, and cause of its seizure. Such notice shall be reasonably calculated to apprise the affected person of the pendency of the hearing. Source: SL 1978, ch 1…

Money shall be restored to the owner unless it was used in unlawful gambling or lotteries in which case it shall be paid into the county treasury pursuant to §

The court shall release all property to its rightful owner, if: (1) The owner is not prohibited by law from possessing such property; (2) The property is not needed as evidence in any judicial proceeding; (3) Satisfactory arrangements have been made to return such property to the…