Utah Code 77-11a-301 v2. Return of seized property to claimant — Generally
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Terms Used In Utah Code 77-11a-301 v2
- Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
- Claimant: means :(2)(a) an owner of property;(2)(b) an interest holder; or(2)(c) an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101
- Computer: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101
- Contraband: includes :
(4)(b)(i) a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or(4)(b)(ii) a computer that:(4)(b)(ii)(A) contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or(4)(b)(ii)(B) contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. See Utah Code 77-11a-101- Court: means a municipal, county, or state court. See Utah Code 77-11a-101
- Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 77-11a-101 v2
- 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.
- Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101
- Innocent owner: means a claimant who:
(9)(a) held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and:(9)(a)(i) did not have actual knowledge of the offense subjecting the property to seizure; or(9)(a)(ii) upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or(9)(b) acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and:(9)(b)(i) acquired the property in a bona fide transaction for value;(9)(b)(ii) was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or(9)(b)(iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101- Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 77-11a-101
- Owner: means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
- Prosecuting attorney: means :
(19)(a) the attorney general and an assistant attorney general;(19)(b) a district attorney or deputy district attorney;(19)(c) a county attorney or assistant county attorney; and(19)(d) an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101- Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101
(1)(a) An agency with custody of seized property, or the prosecuting attorney, may return the property to a claimant if the agency or the prosecuting attorney:(1)(a)(i) determines that the agency does not need to retain or preserve the property as evidence under Chapter 11c, Retention of Evidence; or(1)(a)(ii) seeks to return the property to the claimant because the agency or prosecuting attorney determines that the claimant is an innocent owner or an interest holder.(1)(b) An agency with custody of seized property, or the prosecuting attorney, may not return property under this Subsection (1) if the property is subject to retention or preservation under Chapter 11c, Retention of Evidence.(2) An agency with custody of the seized property, or the prosecuting attorney, shall return the property to a claimant if:(2)(a) the claimant posts a surety bond or cash with the court in accordance with Section77-11a-302 ;(2)(b) the court orders the return of property to the claimant for hardship purposes under Section77-11a-303 ;(2)(c) a claimant establishes that the claimant is an innocent owner or an interest holder under Section77-11a-304 ; or(2)(d) the court orders property retained as evidence to be returned to the claimant under Section77-11a-305 .(3)(3)(a) For a computer determined to be contraband, a court may order the reasonable extraction and return of specifically described personal digital data to the owner of the computer.(3)(b) The agency shall determine a reasonable cost to extract the data.(3)(c) At the time of the request to extract the data, the owner of the computer shall pay the agency the cost to extract the data.(4) If a natural resources officer for the Division of Law Enforcement seizes a vehicle, the Division of Law Enforcement shall return the vehicle to a claimant in accordance with Section23A-5-201 .(5) If an agency is not required, or is no longer required, to retain or preserve property as evidence under Chapter 11c, Retention of Evidence, and the agency seeks to return or dispose of the property, the agency shall exercise due diligence in attempting to notify the claimant of the property to advise the claimant that the property is to be returned.(6)(6)(a) Before an agency may return seized property to a person claiming ownership of the property, the person shall establish that the person:(6)(a)(i) is the owner of the property; and(6)(a)(ii) may lawfully possess the property.(6)(b) The person shall establish ownership under Subsection (6)(a) by providing to the agency:(6)(b)(i) identifying proof or documentation of ownership of the property; or(6)(b)(ii) a notarized statement if proof or documentation is not available.(6)(c) When seized property is returned to the owner, the owner shall sign a receipt listing in detail the property that is returned.(6)(d) The agency shall:(6)(d)(i) retain a copy of the receipt; and(6)(d)(ii) provide a copy of the receipt to the owner.