Arizona Laws 13-3922. Controverting grounds of issuance; procedure; restoration of property
A. If an owner of seized property controverts the grounds on which the warrant was issued, the magistrate shall proceed to take testimony relative thereto unless a proceeding pursuant to chapter 39 of this title is or has been initiated relating to the same property interest. The testimony given by each witness shall be reduced to writing and certified by the magistrate. If it appears that the property taken is not the same as that described in the warrant and is not within section 13-3916, subsection C, D or E or section 13-3925, subsection C, or that probable cause does not exist for believing the items are subject to seizure, the magistrate shall cause the property to be restored to the person from whom it was taken if the property is not such that any interest in it is subject to forfeiture or its possession would constitute a criminal offense.
Terms Used In Arizona Laws 13-3922
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Arizona Laws 1-215
B. Any order under this section as to a property interest is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of that person in all actions pursuant to this title. Other orders are appealable, if permitted by the Arizona rules of civil procedure.
C. No stay may issue on the forfeiture of seized property or its use in an action pursuant to this title while contravention of the warrant is being litigated.