Title 77, Title 77: Criminal Procedure

77-11a-203. Procedure after seizure of property or contraband. (1) If a peace officer seizes property or contraband under Section, the property and contraband: 77-11a-201 is not recoverable by replevin; and is considered in the custody of the agency that employed the peace office…

77-11a-204. Custody of seized property and contraband. (1) An agency with custody of seized property or contraband shall: hold the property or contraband in safe custody until the property or contraband is returned or disposed of in accordance with: this chapter; and Chapter 11c,…

77-11a-205. Transfer or release of seized property to another governmental entity -- Requirements. (1) Except as provided in Subsections (3)(a) through (c), upon the seizure of property by a peace officer, the property is subject to the exclusive jurisdiction of a district court …

77-11a-301. Return of seized property to claimant -- Generally. (1) An agency with custody of seized property, or the prosecuting attorney, may return the property to a claimant if the agency or the prosecuting attorney: determines that the agency does not need to retain or prese…

77-11a-302. Return of seized property to claimant by surety bond or cash. (1) Except as provided in Subsection (2), a claimant may obtain the return of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of t…

77-11a-303. Return of seized property subject to forfeiture to claimant for hardship. (1) A claimant is entitled to the immediate return of seized property for which the agency has filed a notice of intent to forfeit under Sectionif: 77-11b-201 the claimant had a possessory inter…

77-11a-304. Release of seized property to innocent owner or interest holder. (1) Except for property required to be retained or preserved under, a claimant alleged to be an innocent owner or an interest holder may recover possession of seized property by: Chapter 11c, Retention o…

77-11a-305. Release of seized property to claimant when seized property is retained as evidence. (1) A claimant may file a petition with the court for the return of the property that is being retained as evidence in accordance with Chapter 11c, Retention of Evidence. The claimant…

77-11a-401. Applicability of this part. The provisions of this part do not apply to property or contraband: (1) for which an agency has filed a notice of intent to seek forfeiture under; or Chapter 11b, Forfeiture of Seized Property (2) until the property or contraband is no long…

77-11a-402. Disposition of seized property and contraband -- Return of seized property. (1) Except as provided in Subsection, if a prosecuting attorney determines that seized property no longer needs to be retained as evidence under Chapter 11c, Retention of Evidence, the prosecu…

77-11a-403. Disposition of firearms no longer needed as evidence. (1) As used in this section: "Confiscated or unclaimed firearm" means a firearm that is subject to disposal by an agency under Sectionor. 53-5a-503 77-11a-402 "Department" means the Department of Public Safety crea…