Photographs of personal property to be evidence in prosecution forwrongful taking--wrongful taking, defined--requirements--propertyreturned to owner, when--notarized affidavit as evidence.
490.717. 1. As used in this section, the term "wrongfultaking" or "wrongfully taken" shall mean any crime involvingstealing, forcibly stealing or depriving the rightful owner ofthe use of the property of another. This term shall include, butis not limited to, the crimes of robbery, burglary, stealing,tampering and property damage.
2. In any prosecution for wrongful taking, photographs ofthe personal property alleged to have been wrongfully taken shallbe deemed competent evidence of such personal property and shallbe admissible in any proceeding, hearing or trial of the case tothe same extent as if such property had been introduced asevidence. In addition to the personal property, such photographsshall clearly depict the owner, agent or representative of themercantile establishment or the owner of the property and a signor placard stating the date and time at which the photograph wastaken and the name of the establishment or owner of the property.Such photographs shall be signed by the photographer thereof andshall be accompanied by the following written affidavit signed bythe arresting police officer or security officer:
(1) A written description of the personal property allegedto have been wrongfully taken, including the retail price of theproperty and, if available, the manufacturer's number, the style,the color and the size of the property;
(2) The name and address of the mercantile establishmentwherein the alleged wrongful taking occurred or the name andaddress of the owner of the property;
(3) The name, address and signature of the owner, agent orrepresentative of such mercantile establishment or owner of theproperty;
(4) The name and badge or other identification number ofthe arresting police officer and a sample of his signatureindicating the date of signing; and
(5) The name and address of the photographer and the dateand time that the photographer signed the photograph.
3. Upon the filing of the photograph and documents requiredin subsection 2 of this section with the police authority orcourt holding the personal property as evidence, the propertyshall be returned to the mercantile establishment wherein thealleged wrongful taking occurred or to the owner of the property.
4. The provisions of subsections 1 to 3 of this sectionshall apply to any prosecution commencing after August 13, 1988.The provisions of subsections 5 and 6 of this section shall applyto any prosecution commencing after August 28, 1993.
5. This section shall not be construed to make inadmissibleany evidence, including photographs, which would otherwise beadmissible under the laws of this state or under common law.
6. At any preliminary hearing conducted in the courts ofthis state, a notarized affidavit from the buyer or thepurchasing department of any retail business stating the value orcost of an item belonging to or possessed by that business shallbe received into evidence on the issue of value in any case wherevalue is an element of the crime being charged. Nothing in thissection shall be construed to allow an affidavit received underthis subsection to be substituted for actual testimony at thetime of trial.
Photographs of personal property to be evidence in prosecution forwrongful taking--wrongful taking, defined--requirements--propertyreturned to owner, when--notarized affidavit as evidence.
490.717. 1. As used in this section, the term "wrongfultaking" or "wrongfully taken" shall mean any crime involvingstealing, forcibly stealing or depriving the rightful owner ofthe use of the property of another. This term shall include, butis not limited to, the crimes of robbery, burglary, stealing,tampering and property damage.
2. In any prosecution for wrongful taking, photographs ofthe personal property alleged to have been wrongfully taken shallbe deemed competent evidence of such personal property and shallbe admissible in any proceeding, hearing or trial of the case tothe same extent as if such property had been introduced asevidence. In addition to the personal property, such photographsshall clearly depict the owner, agent or representative of themercantile establishment or the owner of the property and a signor placard stating the date and time at which the photograph wastaken and the name of the establishment or owner of the property.Such photographs shall be signed by the photographer thereof andshall be accompanied by the following written affidavit signed bythe arresting police officer or security officer:
(1) A written description of the personal property allegedto have been wrongfully taken, including the retail price of theproperty and, if available, the manufacturer's number, the style,the color and the size of the property;
(2) The name and address of the mercantile establishmentwherein the alleged wrongful taking occurred or the name andaddress of the owner of the property;
(3) The name, address and signature of the owner, agent orrepresentative of such mercantile establishment or owner of theproperty;
(4) The name and badge or other identification number ofthe arresting police officer and a sample of his signatureindicating the date of signing; and
(5) The name and address of the photographer and the dateand time that the photographer signed the photograph.
3. Upon the filing of the photograph and documents requiredin subsection 2 of this section with the police authority orcourt holding the personal property as evidence, the propertyshall be returned to the mercantile establishment wherein thealleged wrongful taking occurred or to the owner of the property.
4. The provisions of subsections 1 to 3 of this sectionshall apply to any prosecution commencing after August 13, 1988.The provisions of subsections 5 and 6 of this section shall applyto any prosecution commencing after August 28, 1993.
5. This section shall not be construed to make inadmissibleany evidence, including photographs, which would otherwise beadmissible under the laws of this state or under common law.
6. At any preliminary hearing conducted in the courts ofthis state, a notarized affidavit from the buyer or thepurchasing department of any retail business stating the value orcost of an item belonging to or possessed by that business shallbe received into evidence on the issue of value in any case wherevalue is an element of the crime being charged. Nothing in thissection shall be construed to allow an affidavit received underthis subsection to be substituted for actual testimony at thetime of trial.
Photographs of personal property to be evidence in prosecution forwrongful taking--wrongful taking, defined--requirements--propertyreturned to owner, when--notarized affidavit as evidence.
490.717. 1. As used in this section, the term "wrongfultaking" or "wrongfully taken" shall mean any crime involvingstealing, forcibly stealing or depriving the rightful owner ofthe use of the property of another. This term shall include, butis not limited to, the crimes of robbery, burglary, stealing,tampering and property damage.
2. In any prosecution for wrongful taking, photographs ofthe personal property alleged to have been wrongfully taken shallbe deemed competent evidence of such personal property and shallbe admissible in any proceeding, hearing or trial of the case tothe same extent as if such property had been introduced asevidence. In addition to the personal property, such photographsshall clearly depict the owner, agent or representative of themercantile establishment or the owner of the property and a signor placard stating the date and time at which the photograph wastaken and the name of the establishment or owner of the property.Such photographs shall be signed by the photographer thereof andshall be accompanied by the following written affidavit signed bythe arresting police officer or security officer:
(1) A written description of the personal property allegedto have been wrongfully taken, including the retail price of theproperty and, if available, the manufacturer's number, the style,the color and the size of the property;
(2) The name and address of the mercantile establishmentwherein the alleged wrongful taking occurred or the name andaddress of the owner of the property;
(3) The name, address and signature of the owner, agent orrepresentative of such mercantile establishment or owner of theproperty;
(4) The name and badge or other identification number ofthe arresting police officer and a sample of his signatureindicating the date of signing; and
(5) The name and address of the photographer and the dateand time that the photographer signed the photograph.
3. Upon the filing of the photograph and documents requiredin subsection 2 of this section with the police authority orcourt holding the personal property as evidence, the propertyshall be returned to the mercantile establishment wherein thealleged wrongful taking occurred or to the owner of the property.
4. The provisions of subsections 1 to 3 of this sectionshall apply to any prosecution commencing after August 13, 1988.The provisions of subsections 5 and 6 of this section shall applyto any prosecution commencing after August 28, 1993.
5. This section shall not be construed to make inadmissibleany evidence, including photographs, which would otherwise beadmissible under the laws of this state or under common law.
6. At any preliminary hearing conducted in the courts ofthis state, a notarized affidavit from the buyer or thepurchasing department of any retail business stating the value orcost of an item belonging to or possessed by that business shallbe received into evidence on the issue of value in any case wherevalue is an element of the crime being charged. Nothing in thissection shall be construed to allow an affidavit received underthis subsection to be substituted for actual testimony at thetime of trial.
