§ 12-5-8 - Hearing upon seizure of matter alleged to be obscene. - Rhode-island Statutes

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Statutes > Rhode-island > Title-12 > Chapter-12-5 > 12-5-8

SECTION 12-5-8

§ 12-5-8 Hearing upon seizure of matteralleged to be obscene. – Whenever any sheriff, deputy sheriff, municipal or state police officer, or anyother person authorized by law to execute a search warrant shall seize anyproperty alleged to be obscene, pursuant to a search warrant issued under theprovisions of this chapter, the person in whose possession it is found or whoclaims a proprietary interest in it shall be entitled to a hearing before thesuperior court on the question of whether or not the property is obscene withinthree (3) days of the time a written demand is submitted to a judge of thesuperior court and notice served upon the attorney general, or in the case oftowns and cities the chief legal officer of the town or city, and if a hearingis held, the court shall render a decision on the question within forty-eight(48) hours of the conclusion of the hearing. If by the decision the courtdetermines that the matter is not obscene, it shall be immediately returned tothe person.

State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-5 > 12-5-8

SECTION 12-5-8

§ 12-5-8 Hearing upon seizure of matteralleged to be obscene. – Whenever any sheriff, deputy sheriff, municipal or state police officer, or anyother person authorized by law to execute a search warrant shall seize anyproperty alleged to be obscene, pursuant to a search warrant issued under theprovisions of this chapter, the person in whose possession it is found or whoclaims a proprietary interest in it shall be entitled to a hearing before thesuperior court on the question of whether or not the property is obscene withinthree (3) days of the time a written demand is submitted to a judge of thesuperior court and notice served upon the attorney general, or in the case oftowns and cities the chief legal officer of the town or city, and if a hearingis held, the court shall render a decision on the question within forty-eight(48) hours of the conclusion of the hearing. If by the decision the courtdetermines that the matter is not obscene, it shall be immediately returned tothe person.

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State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-5 > 12-5-8

SECTION 12-5-8

§ 12-5-8 Hearing upon seizure of matteralleged to be obscene. – Whenever any sheriff, deputy sheriff, municipal or state police officer, or anyother person authorized by law to execute a search warrant shall seize anyproperty alleged to be obscene, pursuant to a search warrant issued under theprovisions of this chapter, the person in whose possession it is found or whoclaims a proprietary interest in it shall be entitled to a hearing before thesuperior court on the question of whether or not the property is obscene withinthree (3) days of the time a written demand is submitted to a judge of thesuperior court and notice served upon the attorney general, or in the case oftowns and cities the chief legal officer of the town or city, and if a hearingis held, the court shall render a decision on the question within forty-eight(48) hours of the conclusion of the hearing. If by the decision the courtdetermines that the matter is not obscene, it shall be immediately returned tothe person.