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A.R.S. § 13-3920: Retention of Seized Property

Retention of property

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When does Arizona return property seized under a warrant?

In Arizona, property seized under a warrant stays in the custody of the seizing officer or agency, subject to court order, and must be returned to its known owner within ten business days unless the owner faces forfeiture-related charges, the property is needed as evidence, the owner cannot legally possess it, or it was seized for forfeiture.

Full statute text

Official text last checked against azleg.gov:

13-3920. Retention of property

A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence.

B. Notwithstanding section 13-3922, all property seized by a law enforcement agency in this state at any time must be returned to the owner, if known, within ten business days after the property's seizure unless any of the following applies:

1. The owner has been arrested and charged with a criminal offense subject to forfeiture.

2. The property is sought to be used as evidence.

3. It is illegal for the owner to possess the property.

4. The property was seized for forfeiture, in which case the property may be returned as prescribed by chapter 39 of this title.

Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.

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