A. The officer shall return the warrant to the magistrate and at the same time deliver to the magistrate a written inventory of the property taken. The inventory shall be made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present. The inventory shall be verified by the affidavit of the officer which shall be taken by the magistrate at the time it is delivered to the magistrate. The affidavit shall recite that the inventory contains a true and detailed account of all the property taken.

Terms Used In Arizona Laws 13-3921

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • 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 magistrate shall deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant.

  Previous section
Next section  
 Article 8 Contents