Arkansas Code Annotated

Ark. Code Ann. § 5-5-101 (2026)

Disposition of contraband and seized property

✓ current as of May 2026

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Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant.
1. As used in this section, “contraband” means any:
  1. Article possessed under a circumstance prohibited by law;
  2. Weapon or other instrument used in the commission or attempted commission of a felony;
  3. Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304;
  4. Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403;
  5. Item the possession of which is prohibited by § 5-27-602;
  6. Item the production of which is prohibited by § 5-27-603;
  7. Item the production of which is prohibited by § 5-27-605; or
  8. Other article designated “contraband” by law.
2. “Contraband” does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child.
1. Contraband shall be destroyed.
2. Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be:
  1. Retained for use by the law enforcement agency responsible for the arrest; or
  2. Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section.
3. Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained.
1. 1. Except as provided in subdivision (d)(2) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee.
  2. The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.
2. 1. Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children.
  2. 1. As used in subdivision (d)(2)(A) of this section, “recreational item” means an item generally used for children's activities and play.
    2. “Recreational item” includes without limitation a bicycle but does not include a motor vehicle or motorcycle.
The time and place of sale of seized property shall be advertised:
1. For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and
2. By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county.
1. Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money.
2. The highest bidder shall be the purchaser.
1. The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months.
2. If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale.
3. Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure.

History. Acts 1975, No. 280, § 1401; 1977, No. 360, § 4; A.S.A. 1947, § 41-1401; Acts 1991, No. 1030, § 1; 2003, No. 135, § 1; 2007, No. 703, §§ 1, 2; 2009, No. 748, § 5; 2011, No. 171, § 1.

Amendments. The 2009 amendment redesignated (b)(1) through (b)(8) as (b)(1)(A) through (b)(1)(H), redesignated the exception in (b)(1)(H) as present (b)(2), and made related and minor stylistic changes.

The 2011 amendment redesignated (d)(1) as (d)(1)(A) and (d)(2) as (d)(1)(B); inserted “Except as provided in subdivision (d)(2) of this section” in (d)(1)(A); and added present (d)(2).

Case Notes

Construction.

There is no conflict between this section and ARCrP, Rule 15(f), and the latter is simply the procedural implementation of the former. Wilburn v. Toopeka Corp., 265 Ark. 141, 578 S.W.2d 406 (1979).

Burden of Proof.

When the rightful owner of seized property files a motion to have the property returned and the State claims the seized property is contraband, the burden of proof is on the State to prove by a preponderance of the evidence that the seized property is contraband. Herron v. State, 2019 Ark. App. 367, 583 S.W.3d 408 (2019).

Defendant was entitled to the return of seized property—a shotgun—because the circuit court clearly erred in finding that the shotgun was contraband; the State, which called no witnesses and presented no evidence in support of its contention that the shotgun had been used in the commission of a felony, failed to meet its burden of proving that the shotgun was contraband. Herron v. State, 2019 Ark. App. 367, 583 S.W.3d 408 (2019).

Mistake of Law Defense.

Where defendant was charged with possession of gambling devices and a jury found him not guilty by mistake of law due to his reliance upon inapplicable law in operating his arcade business, defendant's assertion of the defense was an admission that he had engaged in illegal conduct and, because the jury found defendant's machines were illegal, the trial court did not err in ordering the machines forfeited and destroyed. Mullins v. State, 359 Ark. 414, 198 S.W.3d 504 (2004).

Possessed Under Circumstances Prohibited by Law.

Currency being held in the hand or pocket while waiting to make a future bet was not “possessed under circumstances prohibited by law” within the meaning of this section. Henry v. State, 280 Ark. 24, 655 S.W.2d 372 (1983).

Cited: Anderson v. Sharp County, 295 Ark. 366, 749 S.W.2d 306 (1988).

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1988–2021 · leading case: State v. 26 Gaming MacHines, 145 S.W.3d 368 (Ark. 2004).

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State v. 26 Gaming MacHines, 145 S.W.3d 368 (Ark. 2004). · cites it 4× “The State argues as its sole point on appeal that the circuit court’s refusal to forfeit the three alleged gaming machines was clearly erroneous.”

Melvin E. Herron v. State of Arkansas, 2019 Ark. App. 367 (Ark. Ct. App. 2019). · cites it 18× “” Ark. Code Ann. § 5-5-101 (b)(1)(A)–(B). In the circuit court, the parties did not dispute that Herron was the rightful owner of the shotgun or that the shotgun had been seized.”

Anderson v. Sharp Cnty., 749 S.W.2d 306 (Ark. 1988). · cites it 3× “Ark. Code Ann. § 5-5-101 (1987), formerly Ark.”

Davidson v. State, 210 S.W.3d 887 (Ark. 2005). · cites it 2× “1999) provides: Provided, however, that no person who pleads guilty or nolo contendere to, or is found guilty of, a sexual offense as defined by § 5-5-101 et seq. in which the victim was under eighteen (18) years of age shall be eligible for expungement of the record under this…”

Juan D. Cruz v. State of Arkansas, 2021 Ark. App. 282 (Ark. Ct. App. 2021). · cites it 26× “2016); Ark. Code Ann. § 5-5-101 . Also on February 26, the State filed a “Notice of Seizure and Intent to Forfeit,” which was personally served on Cruz in the Monroe County Jail on March 2.”

Gould v. State, 2014 Ark. App. 543 (Ark. Ct. App. 2014). · cites it 2× “” Ark. Code Ann. § 5-5-101 (a) (Repl.2013).”

Lewis v. State, 970 S.W.2d 299 (Ark. Ct. App. 1998). · cites it 2× “1997), but also stated “imposition of sentence suspended” upon Lewis’s fulfilling certain conditions, including a three-year supervised probation. However, suspended imposition of sentence involves release of the defendant without pronouncement of sentence and, unlike probation,…”

Mullins v. State, 198 S.W.3d 504 (Ark. 2004). · cites it 4× “” When the court ruled that the machines were prohibited gambling devices, the State asked that the trial judge issue a warrant directing the seizure and destruction of the contraband, pursuant to Ark. Code Ann. § 5-5-101 , which states, “the presiding judge shall seize the…”

— Ark. Code Ann. § 5-5-101(a) — 3 cases

State v. 26 Gaming MacHines, 145 S.W.3d 368 (Ark. 2004). “The State argues as its sole point on appeal that the circuit court’s refusal to forfeit the three alleged gaming machines was clearly erroneous.”

Melvin E. Herron v. State of Arkansas, 2019 Ark. App. 367 (Ark. Ct. App. 2019). “” Ark. Code Ann. § 5-5-101 (b)(1)(A)–(B). In the circuit court, the parties did not dispute that Herron was the rightful owner of the shotgun or that the shotgun had been seized.”

Juan D. Cruz v. State of Arkansas, 2021 Ark. App. 282 (Ark. Ct. App. 2021). “2016); Ark. Code Ann. § 5-5-101 . Also on February 26, the State filed a “Notice of Seizure and Intent to Forfeit,” which was personally served on Cruz in the Monroe County Jail on March 2.”

— Ark. Code Ann. § 5-5-101(b)(1)(A) — 2 cases

— Ark. Code Ann. § 5-5-101(c)(2)(A) — 1 case

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