Conditions for release of seized property to owner
Applied in 2 court decisions — leading case State v. Cody (1982)
Most recently applied in Soet v. State (February 1986)
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…
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.