Custody of seized property and contraband.

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  • (1) If a peace officer seizes property or contraband under Section 24-2-102, the property and contraband:
    • (a) is not recoverable by replevin; and
    • (b) is considered in the custody of the agency that employed the peace officer.
  • (2) An agency with custody of seized property shall:
    • (a) hold the property in safe custody until the property is released or disposed of in accordance with this title; and
    • (b) maintain a record of the property, including:
      • (i) a detailed inventory of all property seized;
      • (ii) the name of the person from whom the property was seized; and
      • (iii) the agency's case number.
  • (3) An agency may process property or contraband that is seized by a peace officer for evidentiary or investigative purposes, including sampling or other preservation procedure, before disposal or destruction.
  • (4)
    • (a) Except as provided in Subsection (4)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments under Section 24-2-102, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.
    • (b) A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (4)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.
    • (c) An agency shall:
      • (i) have written policies for the identification, tracking, management, and safekeeping of seized property; and
      • (ii) shall have a written policy that prohibits the transfer, sale, or auction of seized property to an employee of the agency.




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