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.
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.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2007–2023 · leading case:
State v. Mitcham, 535 P.3d 948 (Ariz. Ct. App. 2023).
State v. Mitcham, 535 P.3d 948 (Ariz. Ct. App. 2023).
· cites it 2× “” Mitcham correctly cites A.R.S. § 13-3920(B)(2) for that concession.”
State v. Salerno, 162 P.3d 661 (Ariz. Ct. App. 2007).
· cites it 2× “*24 DISCUSSION ¶ 6 Salerno argues three issues: (1) the statute of hmitations for prosecution expired, (2) the trial court abused its discretion by denying his motion to return the seized property and (3) the trial court violated his constitutional and statutory rights (A.R.S.…”
Pavestone LLC v. Hon. warner/troupe (Ariz. Ct. App. 2017).
· cites it 10× “We grant relief because the plaintiff failed to obtain a court order for the blood’s release as required by A.R.S. § 13-3920. FACTS AND PROCEDURAL HISTORY ¶2 Sherri Troupe (“Plaintiff”) seeks punitive damages from Pavestone LLC, The Quikrete Companies Inc.”
Sarkis v. Maricopa (Ariz. Ct. App. 2021).
· cites it 2× “See A.R.S. § 13-3920 (“All property or things taken on a warrant shall be retained in the custody of the seizing officer or agency which he represents, subject to the order of the court in which the warrant was issued, or any other court in which such property or things is…”
— Ariz. Rev. Stat. § 13-3920(B)(2) — 1 case
State v. Mitcham, 535 P.3d 948 (Ariz. Ct. App. 2023).
“” Mitcham correctly cites A.R.S. § 13-3920(B)(2) for that concession.”
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