23A-37-8. Conditions for release of seized property to owner.
The court shall release all property to its rightful owner, if:
(1)The owner is not prohibited by law from possessing such property;
(2)The property is not needed as evidence in any judicial proceeding;
(3)Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence.
Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence.
Source: CCrimP 1877, §§539 to 541; CL 1887, §§7590 to 7592; RCCrimP 1903, §§571 to 573; RC 1919, §§4648 to 4650; SDC 1939 & Supp 1960, §34.0603; SDCL §23-16-3; SL 1978, ch 178, §468; SL 1983, ch 189; SL 2014, ch 117, §1.
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.