A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence.

Terms Used In Arizona Laws 13-3920

  • 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.
  • Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105

B. Notwithstanding section 13-3922, all property seized by a law enforcement agency in this state at any time must be returned to the owner, if known, within ten business days after the property’s seizure unless any of the following applies:

1. The owner has been arrested and charged with a criminal offense subject to forfeiture.

2. The property is sought to be used as evidence.

3. It is illegal for the owner to possess the property.

4. The property was seized for forfeiture, in which case the property may be returned as prescribed by chapter 39 of this title.