31-27-10. Return of property; damages; costs.
134 words·~1 min read·
/nm/chapter-31-criminal-procedure/article-27-forfeiture/31-27-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after:
(1)a court finds that a person had a bona fide security interest in the property;
(2)a court finds that the owner was an innocent owner;
(3)the acquittal of or dismissal of related criminal charges against the owner of the property; or
(4)the disposal of the criminal charge that was the basis of the forfeiture proceedings by nolle prosequi.
B. A law enforcement agency that holds seized property is responsible for any damages, storage fees and related costs applicable to property that is returned to an owner pursuant to this section.
History: Laws 2015, ch. 152, § 12.