§ 11-41-15 Recovered stolen property.– (a) The officer who shall apprehend any person as principal or accessory in anyrobbery or larceny shall secure the property alleged to be stolen and shall beanswerable for the property, and shall annex a schedule of it to his or herreturn. Upon receipt of the property from the apprehending officer, the clerkor person in charge of the storage of alleged stolen property for a policedepartment shall enter into a book a description of every article of propertyalleged to be stolen which was brought to the police department and shallattach a number to each article.
(b) The clerk or person in charge of the storage of allegedstolen property may deliver the property to the owner of the property uponsatisfactory proof of ownership, provided that the following steps are followed:
(i) A complete photographic record of the property is made;
(ii) The person from whom custody of the property was takenis served with a notice of the claim of ownership and is given a reasonableopportunity to be heard as to why the property should not be delivered to theperson claiming ownership;
(iii) A signed declaration of ownership under penalty ofperjury is obtained from the person to whom the property is delivered.
(2) The delivery of property to the owner shall be withoutprejudice to the state or any other person who may have a claim to theproperty. Any property subject to forfeiture under any provision of law shallnot be returned pursuant to this section.
(c) Upon application to the superior court by the person fromwhom custody of the property was taken, a review of the determination of theclerk or the person in charge of the storage of alleged stolen property shallbe made within thirty (30) days of the receipt of that application. The courtshall have the power to order the property taken into the custody of the courtupon a finding that the person to whom the property was delivered was notentitled to it.
(d) The clerk or person in charge of the storage of allegedstolen property shall not be liable for damages for any official act performedin good faith in the course of carrying out the provisions of this section.
(e) The photographic record of the alleged stolen propertyrequired by paragraph (b)(1)(i) of this section shall be allowed to beintroduced as evidence in any court of this state in place of the actualalleged stolen property.
§ 11-41-15 Recovered stolen property.– (a) The officer who shall apprehend any person as principal or accessory in anyrobbery or larceny shall secure the property alleged to be stolen and shall beanswerable for the property, and shall annex a schedule of it to his or herreturn. Upon receipt of the property from the apprehending officer, the clerkor person in charge of the storage of alleged stolen property for a policedepartment shall enter into a book a description of every article of propertyalleged to be stolen which was brought to the police department and shallattach a number to each article.
(b) The clerk or person in charge of the storage of allegedstolen property may deliver the property to the owner of the property uponsatisfactory proof of ownership, provided that the following steps are followed:
(i) A complete photographic record of the property is made;
(ii) The person from whom custody of the property was takenis served with a notice of the claim of ownership and is given a reasonableopportunity to be heard as to why the property should not be delivered to theperson claiming ownership;
(iii) A signed declaration of ownership under penalty ofperjury is obtained from the person to whom the property is delivered.
(2) The delivery of property to the owner shall be withoutprejudice to the state or any other person who may have a claim to theproperty. Any property subject to forfeiture under any provision of law shallnot be returned pursuant to this section.
(c) Upon application to the superior court by the person fromwhom custody of the property was taken, a review of the determination of theclerk or the person in charge of the storage of alleged stolen property shallbe made within thirty (30) days of the receipt of that application. The courtshall have the power to order the property taken into the custody of the courtupon a finding that the person to whom the property was delivered was notentitled to it.
(d) The clerk or person in charge of the storage of allegedstolen property shall not be liable for damages for any official act performedin good faith in the course of carrying out the provisions of this section.
(e) The photographic record of the alleged stolen propertyrequired by paragraph (b)(1)(i) of this section shall be allowed to beintroduced as evidence in any court of this state in place of the actualalleged stolen property.
§ 11-41-15 Recovered stolen property.– (a) The officer who shall apprehend any person as principal or accessory in anyrobbery or larceny shall secure the property alleged to be stolen and shall beanswerable for the property, and shall annex a schedule of it to his or herreturn. Upon receipt of the property from the apprehending officer, the clerkor person in charge of the storage of alleged stolen property for a policedepartment shall enter into a book a description of every article of propertyalleged to be stolen which was brought to the police department and shallattach a number to each article.
(b) The clerk or person in charge of the storage of allegedstolen property may deliver the property to the owner of the property uponsatisfactory proof of ownership, provided that the following steps are followed:
(i) A complete photographic record of the property is made;
(ii) The person from whom custody of the property was takenis served with a notice of the claim of ownership and is given a reasonableopportunity to be heard as to why the property should not be delivered to theperson claiming ownership;
(iii) A signed declaration of ownership under penalty ofperjury is obtained from the person to whom the property is delivered.
(2) The delivery of property to the owner shall be withoutprejudice to the state or any other person who may have a claim to theproperty. Any property subject to forfeiture under any provision of law shallnot be returned pursuant to this section.
(c) Upon application to the superior court by the person fromwhom custody of the property was taken, a review of the determination of theclerk or the person in charge of the storage of alleged stolen property shallbe made within thirty (30) days of the receipt of that application. The courtshall have the power to order the property taken into the custody of the courtupon a finding that the person to whom the property was delivered was notentitled to it.
(d) The clerk or person in charge of the storage of allegedstolen property shall not be liable for damages for any official act performedin good faith in the course of carrying out the provisions of this section.
(e) The photographic record of the alleged stolen propertyrequired by paragraph (b)(1)(i) of this section shall be allowed to beintroduced as evidence in any court of this state in place of the actualalleged stolen property.
