2016 Kentucky Revised Statutes CHAPTER 422 - EVIDENCE AND LOST RECORDS .350 Admissibility of photographic evidence in prosecution of offense defined in KRS Chapter 514 or 515 -- Return of photographed property to owner by law enforcement agency -- Exception.
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422.350 Admissibility of photographic evidence in prosecution of offense defined in
KRS Chapter 514 or 515 -- Return of photographed property to owner by law
enforcement agency -- Exception.
(1)
(2)
(3)
In a prosecution for any offense defined in KRS Chapter 514 or 515 the court shall
receive, as competent evidence, a photograph of property over which the accused is
alleged to have exerted unauthorized control or to have otherwise obtained
unlawfully, if the photograph:
(a) Will serve the purpose of demonstrating the nature and identity of the
property; and
(b) Is otherwise admissible into evidence under all other rules of law governing
the admissibility of photographs into evidence.
The fact that it is impractical to introduce into evidence the actual property for any
reason including its size, weight, or unavailability, need not be established for the
court to find a photograph of that property to be competent evidence. If a
photograph is found to be competent evidence under this section, it is admissible
into evidence in place of the property and to the same extent as the property itself.
A law enforcement agency that is holding as evidence property over which a person
is alleged to have exerted unauthorized control or to have otherwise obtained
unlawfully shall return that property to its owner if:
(a) The property has been photographed in a manner that will serve the purpose of
demonstrating the nature and identity of the property, and if these photographs
are filed with or retained by the law enforcement agency in place of the
property;
(b) Receipt for the property is obtained from the owner upon delivery by the law
enforcement agency;
(c) The prosecuting attorney who is prosecuting a case that involves the property
has not requested the law enforcement agency to decline requests for return of
the property to its owner; and
(d) The property may be lawfully possessed by the owner.
Notwithstanding the provisions of subsection (2) of this section, a court may, if a
motion so requesting is filed by a defendant within twenty (20) days of arrest, order
the law enforcement agency to hold such property as evidence pending completion
of the trial. However, the court may, for good cause, extend the time allowed for
the defendant to file a motion to have the property held.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 125, sec. 1, effective July 13, 1984.
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