2015 New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 27 Forfeiture
Section 31-27-10 Return of property; damages; costs.
31-27-10. Return of property; damages; costs.
A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after:
(1) a court finds that a person had a bona fide security interest in the property;
(2) a court finds that the owner was an innocent owner;
(3) the acquittal of or dismissal of related criminal charges against the owner of the property; or
(4) the disposal of the criminal charge that was the basis of the forfeiture proceedings by nolle prosequi.
B. A law enforcement agency that holds seized property is responsible for any damages, storage fees and related costs applicable to property that is returned to an owner pursuant to this section.
History: Laws 2015, ch. 152, 12.
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