13-3941. Disposition and return of stolen or
embezzled property
A. When property alleged to have been stolen or embezzled comes into the custody of
a peace officer or of a magistrate, he shall hold it subject to the order of the
magistrate before whom the complaint is laid or who examines the charge against the
person accused of stealing or embezzling such property.
B. The person to whom the property is delivered shall enter in a suitable book a
description of every article of property alleged to be stolen or embezzled and brought
into the office, or taken from the person of a prisoner, and shall attach a number to
each article and make a corresponding entry thereof.
C. The magistrate shall, upon satisfactory proof of the ownership, order the
property to be delivered to the owner. The order entitles the owner to demand and
receive the property unless the property, or any part thereof, is required as evidence in
any criminal action. If it is so required, it shall remain in possession of the officer
or magistrate until the termination of the action.
D. If the property has not been delivered to the owner, the court before which a
trial is had for the theft or embezzlement of the property may, on proof of title of the
owner, order it restored to him.
E. No charge or fee may be imposed upon the owner of property ordered to be
returned to him pursuant to this section.
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