(A) Except as otherwise provided in this section or in Chapter 2981 of the Revised Code, the law enforcement agency responsible for investigating a criminal offense or delinquent act shall promptly return to the victim of the criminal offense or delinquent act any property of the victim that was taken in the course of the investigation, and the victim shall not be compelled to pay any charge as a condition of retrieving that property. In accordance with Criminal Rule 26 or an applicable Juvenile Rule, the law enforcement agency may take photographs of the property for use as evidence. If the ownership of the property is in dispute, the agency shall not return the property until the dispute is resolved.

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Terms Used In Ohio Code 2930.11

  • Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Case: means a delinquency proceeding and all related activity or a criminal prosecution and all related activity. See Ohio Code 2930.01
  • Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
  • Criminal offense: means an alleged act or omission committed by a person that is punishable by incarceration and is not eligible to be disposed of by the traffic violations bureau. See Ohio Code 2930.01
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means a person who is alleged to be the perpetrator of a criminal offense in a complaint, indictment, or information that charges the commission of a criminal offense and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
  • defense: means the defense against criminal charges in a criminal prosecution or the defense against a delinquent child complaint in a delinquency proceeding. See Ohio Code 2930.01
  • Delinquent act: means an alleged act committed by a child, regardless of whether the child is competent, that does any of the following and is not disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13. See Ohio Code 2930.01
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: means real and personal property. See Ohio Code 1.59
  • Prosecutor: means one of the following:

    (1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01

  • Rule: includes regulation. See Ohio Code 1.59

(B) The law enforcement agency responsible for investigating a criminal offense or delinquent act shall retain any property of the victim of the criminal offense or delinquent act that is needed as evidence in the case, including any weapon used in the commission of the criminal offense or delinquent act, if the prosecutor certifies to the court a need to retain the property in lieu of a photograph of the property or of another evidentiary substitute for the property itself, pursuant to Ohio Rules of Appellate Procedure.

(C) If the defendant or alleged juvenile offender in a case files a motion requesting the court to order the law enforcement agency to retain property of the victim because the property is needed for the defense in the case, the agency shall retain the property until the court rules on the motion. The court, in making a determination on the motion, shall weigh the victim’s need for the property against the defendant‘s or alleged juvenile offender’s assertion that the property has evidentiary value for the defense. The court shall rule on the motion in a timely fashion.

Last updated August 4, 2023 at 11:40 AM

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