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Utah Code
2021 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 2 - Seizure of Property
Section 104 - Custody of seized property and contraband.
Universal Citation:
UT Code § 24-2-104 (2021)
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Effective 5/5/2021
24-2-104. Custody of seized property and contraband.
Enacted by Chapter 230, 2021 General Session
24-2-104. Custody of seized property and contraband.
- (1) If a peace officer seizes property or contraband under Section 24-2-102, the property and contraband:
- (a) is not recoverable by replevin; and
- (b) is considered in the custody of the agency that employed the peace officer.
- (2) An agency with custody of seized property shall:
- (a) hold the property in safe custody until the property is released or disposed of in accordance with this title; and
- (b) maintain a record of the property, including:
- (i) a detailed inventory of all property seized;
- (ii) the name of the person from whom the property was seized; and
- (iii) the agency's case number.
- (3) An agency may process property or contraband that is seized by a peace officer for evidentiary or investigative purposes, including sampling or other preservation procedure, before disposal or destruction.
- (4)
- (a) Except as provided in Subsection (4)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments under Section 24-2-102, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.
- (b) A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (4)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.
- (c) An agency shall:
- (i) have written policies for the identification, tracking, management, and safekeeping of seized property; and
- (ii) shall have a written policy that prohibits the transfer, sale, or auction of seized property to an employee of the agency.
Enacted by Chapter 230, 2021 General Session
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