23A-37-15. Notice to defendant of return--Motion not to release.
77 words·~1 min read·
/sd/title-23/chapter-23-37/23a-37-15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner.