13-3919. Receipt for property; definitions

237 words·~1 min read·/az/title-13/13-3919

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If an officer takes any property under the warrant, the officer shall give a detailed itemized receipt for the property taken to the person from whom it was taken or in whose possession it was found. If it is not possible to provide the receipt to a person, the officer shall leave the receipt at the place where the property was found.

B. The court may delay for a reasonable period the service of the detailed itemized receipt required by subsection A of this section if all of the following apply:

1. The court finds that there is reasonable cause to believe that the delay is necessary to protect the safety of any person or to prevent flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.

2. Unless the court finds reasonable necessity for the seizure, the warrant prohibits the seizure of any tangible property, any wire or electronic communication or, except as expressly provided in section 13-3016, any stored wire or electronic information.

3. The warrant provides for service of a detailed itemized receipt within a reasonable period after the execution of the warrant. Extensions for a reasonable period of time may be granted, but only on an application and judicial finding.

C. For the purposes of this section:

1. "Electronic communication" has the same meaning prescribed in section 13-3001.

2. "Wire communication" has the same meaning prescribed in section 13-3001.