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.

Terms Used In Arizona Laws 13-3919

  • 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.
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105

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.

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