O.C.G.A.

O.C.G.A. § 9-16-7 (2019)

Reporting of seizure; role of state attorney

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. (b) Within 60 days from the date of seizure, the state attorney shall: (1) Initiate a quasi-judicial forfeiture as provided for in Code Section 9-16-11; or (2) File a complaint for forfeiture as provided for in Code Section 9-16-12 or 9-16-13. (c) If the seizing officer fails to comply with subsection (a) of this Code section or the state attorney fails to comply with subsection (b) of this Code section, the property shall be released on the request of an owner or interest holder, pending a complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13, unless the property is being held as

evidence. When the court releases property pursuant to this subsection, upon application by the state attorney, it may impose conditions as specified in paragraph (1) of Code Section 9-16-14.

History

(Code 1981, § 9-16-7, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2016–2024 · leading case: Norman Et Al. v. Yeager, 781 S.E.2d 580 (Ga. Ct. App. 2016).

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Norman Et Al. v. Yeager, 781 S.E.2d 580 (Ga. Ct. App. 2016). · cites it 2× “2015) provides: Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person…”

Rounsaville v. State of Georgia., 815 S.E.2d 212 (Ga. Ct. App. 2018). · cites it 4× “See OCGA § 9-16-7. 5 Further, after an in personal forfeiture complaint has been filed, "it is the duty of the State to obtain a continuance if it does not invoke a hearing within the 60-day period.”

Manuel Garcia v. State, 909 S.E.2d 442 (Ga. 2024). · cites it 8× “And we asked whether the trial court erred by denying Garcia’s motion for the immediate return of his property under OCGA § 9-16-7 (c), which says that if the state attorney fails to file a complaint for forfeiture within 60 days from the date of seizure, “the property shall be…”

Elements Distrib., LLC v. State of Georgia (Ga. Ct. App. 2023). · cites it 4× “On June 23, 2022, Elements filed this action in Gwinnett County, petitioning for the return of those items under either OCGA § 17-5-30 (a), which permits one “aggrieved by an unlawful search and seizure [to] move the court for the return of property,” or OCGA § 9-16-7 (c), which…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.