23A-37-9. Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms.
Articles of contraband or property of an illegal nature shall be destroyed, except that any articles which are capable of lawful use may in the discretion of the court be sold and the proceeds disposed of as provided in §23A-37-10. However, the provisions of §23A-37-13 apply to any controlled weapon or firearm.
Source: SL 1978, ch 178, §469; SL 1979, ch 159, §25A; SL 1985, ch 188, §5; SL 1999, ch 128, §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.