46-24-206. Property return — right to be heard on disposition of evidence. (1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim’s property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property.

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Terms Used In Montana Code 46-24-206

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: means real and personal property. See Montana Code 1-1-205

(2)Before the destruction, disposal, or use of evidence that is not the victim’s property, the court shall, as provided in 46-5-308, give the victim an opportunity to be heard as to the appropriate disposition of the evidence.