Ariz. Rev. Stat. » Title 13

Ariz. Rev. Stat. § 13-3413

Forfeiture and disposition of drugs and evidence

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A. The following items used or intended for use in violation of this chapter are subject to seizure and forfeiture pursuant to chapter 39 of this title:

1. Property, equipment, containers, chemicals, materials, money, books, records, research products, formulas, microfilm, tapes and data.

2. Vapor-releasing substances containing a toxic substance.

3. Vehicles to transport or in any manner facilitate the transportation, sale or receipt of, or in which is contained or possessed, any item or drug, except as provided in chapter 39 of this title.

B. The following property is subject to seizure and forfeiture pursuant to chapter 39 of this title:

1. All proceeds traceable to an offense that is included in this chapter, that is committed for financial gain and that resulted in a criminal conviction.

2. All proceeds seized in this state and traceable to an offense that:

(a) Resulted in a criminal conviction under the laws of the state in which the offense occurred and, if the offense occurred in a state other than this state, would be chargeable or indictable under this chapter if the offense occurred in this state.

(b) Is punishable by imprisonment for more than one year.

(c) Involves prohibited drugs, marijuana or other prohibited chemicals or substances.

(d) Is committed for financial gain.

C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs and plants from which such drugs may be derived that are seized in connection with any violation of this chapter or that come into the possession of a law enforcement agency are summarily forfeited.

D. When seizures of marijuana are made in excess of ten pounds or seizures of any other substance specified in subsection C of this section are made in excess of one pound in connection with any violation of this chapter the responsible law enforcement agency may retain ten pounds of the marijuana or one pound of the other substance randomly selected from the seized quantity for representation purposes as evidence. The agency may destroy the remainder of the seized marijuana or substance. Before any destruction is carried out, the responsible law enforcement agency shall photograph the material seized with identifying case numbers or other means of identification and prepare a report, identifying the seized material. The responsible law enforcement agency shall notify in writing any person arrested for a violation of this chapter or the attorney for the person at least twenty-four hours in advance that the photography will take place and that the person or the person's attorney may be present at such photographing of the seized material. In addition to the amount of marijuana or other substance retained for representation purposes as evidence, all photographs and records made under this section and properly identified are admissible in any court proceeding for any purpose for which the seized marijuana or substance itself would be admissible. Evidence retained after trial shall be disposed of pursuant to rule 28, Arizona rules of criminal procedure.

E. If a seizure is made of chemicals used for the manufacture of a narcotic drug or dangerous drug as defined in section 13-3401 in connection with a violation of this title, the seizing agency may apply to a magistrate or superior court judge in the application for the search warrant or as soon as reasonable after the seizure for an order allowing the proper disposal or destruction of the substances, on a showing to the magistrate or superior court judge by affidavit of both of the following:

1. The substances pose a significant safety hazard to life or property because of their explosive, flammable, poisonous or otherwise toxic nature.

2. No adequate and safe storage facility is reasonably available to the seizing agency.

F. On a proper showing pursuant to subsection E of this section, the magistrate or superior court judge shall order the substances to be properly destroyed if the containers are first photographed. In addition the magistrate or superior court judge may order that the chemicals be sampled and the samples preserved, unless the court finds either:

1. Sampling would be unnecessary or unsafe.

2. The chemicals are in labeled or factory sealed containers.

Notes of Decisions
Cited in 15 cases, 1990–2013 · leading case: State v. Okun
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State v. Okun (2013) arizctapp · cites it 14× “The State does not dispute that Okun possesses a valid California-issued identification card that permits her to possess an allowable amount of marijuana in Arizona. 2 B. Okun’s Property Was Not Summarily Forfeited Pursuant to A.”
Matter of $10,098.00 in US Currency (1993) arizctapp · cites it 25× “Appellant Alexander Dimitriou (“Dimitriou”) has appealed from the trial court’s order of forfeiture, arguing that: (1) the money could not be validly forfeited pursuant to A.R.S. § 13-3413(A) where Dimitriou was only charged with a preparatory crime, (2) the *239 trial court…”
In re 1996 Nissan Sentra (2001) arizctapp · cites it 4× “The slate also maintains that the trial court erred in finding that the Nissan could not be forfeited pursuant to A.R.S. § 13-3413 (drug) because Simmons’s interest was exempt under A.”
In re United States Currency in the Amount of $315,900.00 (1995) arizctapp · cites it 5× “§ 13—2314(F)(3) as well as in a drug or narcotics offense under A.R.S. § 13-3413(A). The predicate criminal conduct alleged in the state’s forfeiture complaint was possession of marijuana, transportation of marijuana for sale and money laundering.”
Fitzgerald v. Superior Court (1992) arizctapp · cites it 6× “§ 13-2314 and A.R.S. § 13-3413, as well as A.R.S. § 13-4301 et seq.”
In re United States Currency In Amount of $26,980.00 (2000) arizctapp · cites it 2× “A.R.S. §§ 13-3413(B)(1) and 13-2314(G)(3).”
State v. Geotis (1996) arizctapp · cites it 3× “) §§ 13-3413,13-4301 to -4315 (1989), as amended by Laws 1994, ch.”
In re United States Currency in the Amount of $26,980.00 (1998) arizctapp · cites it 2× “Relying on A.R.S. §§ 13-3413 and 13-2314, the state contended the $26,980 found inside the package was subject to forfeiture because it was used or intended to be used to facilitate the commission of various marijuana or narcotics-related offenses.”
Rende v. State (1990) arizctapp · cites it 4× “The department seized the currency under a seizure warrant issued pursuant to A.R.S. §§ 13-3413(A)(1) and 13-43HKA). 1 Pursuant to A.”
State v. Braun (1995) arizctapp · cites it 3× “The statute authorizing the forfeiture, A.R.S. § 13-3413(A), also refers to vehicles used to “transport” narcotic drugs, but indicates that its applicability extends to “items used or intended for use in violation of this chapter.”
State v. One Single Family Residence At 1810 East Second Avenue (1997) arizctapp “section 13-3413. That statute provides for forfeiture of property “used or intended for use” in violation of the drug laws, which does not require any profit motive.”
In re 1986 Chevrolet Corvette (1994) ariz “Section 13-3413(A)(3) similarly subjects to forfeiture vehicles used or intended to be used “to transport or in any manner facilitate the transportation, sale or receipt of, or in which is contained or possessed, any item or drug____” At a forfeiture hearing, the state has the…”
Show all 15 citing cases →
— Ariz. Rev. Stat. § 13-3413(A) — 7 cases
Matter of $10,098.00 in US Currency (1993) arizctapp “Appellant Alexander Dimitriou (“Dimitriou”) has appealed from the trial court’s order of forfeiture, arguing that: (1) the money could not be validly forfeited pursuant to A.R.S. § 13-3413(A) where Dimitriou was only charged with a preparatory crime, (2) the *239 trial court…”
In re United States Currency in the Amount of $315,900.00 (1995) arizctapp “§ 13—2314(F)(3) as well as in a drug or narcotics offense under A.R.S. § 13-3413(A). The predicate criminal conduct alleged in the state’s forfeiture complaint was possession of marijuana, transportation of marijuana for sale and money laundering.”
Fitzgerald v. Superior Court (1992) arizctapp “§ 13-2314 and A.R.S. § 13-3413, as well as A.R.S. § 13-4301 et seq.”
State v. Geotis (1996) arizctapp “) §§ 13-3413,13-4301 to -4315 (1989), as amended by Laws 1994, ch.”
State v. Braun (1995) arizctapp “The statute authorizing the forfeiture, A.R.S. § 13-3413(A), also refers to vehicles used to “transport” narcotic drugs, but indicates that its applicability extends to “items used or intended for use in violation of this chapter.”
— Ariz. Rev. Stat. § 13-3413(A)(1) — 3 cases
In re United States Currency in the Amount of $315,900.00 (1995) arizctapp “§ 13—2314(F)(3) as well as in a drug or narcotics offense under A.R.S. § 13-3413(A). The predicate criminal conduct alleged in the state’s forfeiture complaint was possession of marijuana, transportation of marijuana for sale and money laundering.”
Fitzgerald v. Superior Court (1992) arizctapp “§ 13-2314 and A.R.S. § 13-3413, as well as A.R.S. § 13-4301 et seq.”
Rende v. State (1990) arizctapp “The department seized the currency under a seizure warrant issued pursuant to A.R.S. §§ 13-3413(A)(1) and 13-43HKA). 1 Pursuant to A.”
— Ariz. Rev. Stat. § 13-3413(A)(3) — 3 cases
In re 1986 Chevrolet Corvette (1994) ariz “Section 13-3413(A)(3) similarly subjects to forfeiture vehicles used or intended to be used “to transport or in any manner facilitate the transportation, sale or receipt of, or in which is contained or possessed, any item or drug____” At a forfeiture hearing, the state has the…”
In re 1986 Chevrolet Corvette (1992) arizctapp
State v. Braun (1995) arizctapp “The statute authorizing the forfeiture, A.R.S. § 13-3413(A), also refers to vehicles used to “transport” narcotic drugs, but indicates that its applicability extends to “items used or intended for use in violation of this chapter.”
— Ariz. Rev. Stat. § 13-3413(B)(1) — 1 case
In re United States Currency In Amount of $26,980.00 (2000) arizctapp “A.R.S. §§ 13-3413(B)(1) and 13-2314(G)(3).”
— Ariz. Rev. Stat. § 13-3413(C) — 1 case
State v. Okun (2013) arizctapp “The State does not dispute that Okun possesses a valid California-issued identification card that permits her to possess an allowable amount of marijuana in Arizona. 2 B. Okun’s Property Was Not Summarily Forfeited Pursuant to A.”
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