§ 12-5-8. Hearing upon seizure of matter alleged to be obscene.
Whenever any deputy sheriff, municipal or state police officer, or any other person authorized by law to execute a search warrant shall seize any property alleged to be obscene, pursuant to a search warrant issued under the provisions of this chapter, the person in whose possession it is found or who claims a proprietary interest in it shall be entitled to a hearing before the superior court on the question of whether or not the property is obscene within three (3) days of the time a written demand is submitted to a judge of the superior court and notice served upon the attorney general, or in the case of towns and cities the chief legal officer of the town or city, and if a hearing is 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 court determines that the matter is not obscene, it shall be immediately returned to the person.
History of Section.P.L. 1966, ch. 258, § 1; P.L. 1982, ch. 244, § 1; P.L. 2012, ch. 324, § 42.
Structure Rhode Island General Laws
Chapter 12-5 - Search Warrants
Section 12-5-1. - Authority to issue.
Section 12-5-2. - Grounds for issuance.
Section 12-5-3. - Issuance and contents.
Section 12-5-3.1 - — 12-5-3.13. Repealed.
Section 12-5-3.14. - Complaint for issuance of search warrant — Medicaid Fraud Control Unit.
Section 12-5-3.15, 12-5-3.16. - Repealed.
Section 12-5-3.17. - Complaint for issuance of search warrant — Town of North Kingstown.
Section 12-5-4. - Complainant officer exempt from surety for costs.
Section 12-5-5, 12-5-6. - Repealed.
Section 12-5-7. - Disposition of seized property.
Section 12-5-8. - Hearing upon seizure of matter alleged to be obscene.