23A-37-14. Photographing and return of property of victim seized as evidence--Admissibility of photographs.
Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property is not contraband and is owned by a victim of the crime being investigated, the property shall be photographed by the appropriate law enforcement personnel and returned to the victim of the crime within thirty days of completion of forensic analysis unless the prosecuting attorney deems it essential to the prosecution of the case to retain the evidence. The photographs shall accurately and correctly represent the property and are admissible evidence pursuant to article X of chapter 19-19 in any resulting criminal proceeding.
Source: SL 1985, ch 198, ยง1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 37 - Disposition Of Seized Property
Section 23A-37-1 - Property subject to chapter.
Section 23A-37-2 - Safekeeping of seized property.
Section 23A-37-3 - Transfer to another court of property required as evidence.
Section 23A-37-4 - Application for return of property to person with right to possession.
Section 23A-37-5 - Time of hearing on claim for return of seized property.
Section 23A-37-6 - Notice of hearing on disposition of seized property.
Section 23A-37-7 - Money restored to owner--Gambling money paid into county treasury.
Section 23A-37-8 - Conditions for release of seized property to owner.
Section 23A-37-10 - Sale or transfer of unclaimed property.
Section 23A-37-11 - Controlled substances exempt from chapter.
Section 23A-37-12 - Chapter supplemental--Disposition as directed by court.
Section 23A-37-13 - Controlled weapons and firearms disposal.
Section 23A-37-13.1 - Money from sale to be deposited in law enforcement officers training fund.
Section 23A-37-15 - Notice to defendant of return--Motion not to release.