Montana Code 46-5-312. Return of property seized — right to possess
46-5-312. Return of property seized — right to possess. (1) A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hold a hearing to determine the right to possession.
Terms Used In Montana Code 46-5-312
- 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.
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
(2)If the right to possession is established, the judge shall order the property, other than contraband, returned if:
(a)the property is not needed as evidence;
(b)the property is needed and satisfactory arrangements can be made for its return for subsequent use as evidence; or
(c)all proceedings in which the property might be required have been completed.