Disposition of property held as evidence; records
Sec. 5. (a) All items of property seized by any law enforcement
agency as a result of an arrest, search warrant, or warrantless search,
shall be securely held by the law enforcement agency under the order
of the court trying the cause, except as provided in this section.
(b) Evidence that consists of property obtained unlawfully from
its owner may be returned by the law enforcement agency to the
owner before trial, in accordance with IC 35-43-4-4(h).
(c) Following the final disposition of the cause at trial level or any
other final disposition the following shall be done:
(1) Property which may be lawfully possessed shall be returned
to its rightful owner, if known. If ownership is unknown, a
reasonable attempt shall be made by the law enforcement
agency holding the property to ascertain ownership of the
property. After ninety (90) days from the time:
(A) the rightful owner has been notified to take possession
of the property; or
(B) a reasonable effort has been made to ascertain ownership
of the property;
the law enforcement agency holding the property shall, at such
time as it is convenient, dispose of this property at a public
auction. The proceeds of this property shall be paid into the
county general fund.
(2) Except as provided in subsection (e), property, the
possession of which is unlawful, shall be destroyed by the law
enforcement agency holding it sixty (60) days after final
disposition of the cause.
(3) A firearm that has been seized from a person who is
dangerous (as defined in IC 35-47-13-1) shall be retained,
returned, or disposed of in accordance with IC 35-47-13.
(d) If any property described in subsection (c) was admitted into
evidence in the cause, the property shall be disposed of in accordance
with an order of the court trying the cause.
(e) A law enforcement agency may destroy or cause to be
destroyed chemicals or controlled substances associated with the
illegal manufacture of drugs or controlled substances without a court
order if all the following conditions are met:
(1) The law enforcement agency collects and preserves a
sufficient quantity of the chemicals or controlled substances to
demonstrate that the chemicals or controlled substances were
associated with the illegal manufacture of drugs or controlled
substances.
(2) The law enforcement agency takes photographs of the
illegal drug manufacturing site that accurately depict the
presence and quantity of chemicals and controlled substances.
(3) The law enforcement agency completes a chemical
inventory report that describes the type and quantities of
chemicals and controlled substances present at the illegal
manufacturing site.
The photographs and description of the property shall be admissible
into evidence in place of the actual physical evidence.
(f) For purposes of preserving the record of any conviction on
appeal, a photograph demonstrating the nature of the property, and
an adequate description of the property must be obtained before the
disposition of it. In the event of a retrial, the photograph and
description of the property shall be admissible into evidence in place
of the actual physical evidence. All other rules of law governing the
admissibility of evidence shall apply to the photographs.
(g) The law enforcement agency disposing of property in any
manner provided in subsection (b), (c), or (e) shall maintain certified
records of any such disposition. Disposition by destruction of
property shall be witnessed by two (2) persons who shall also attest
to the destruction.
(h) This section does not affect the procedure for the disposition
of firearms seized by a law enforcement agency.
(i) A law enforcement agency that disposes of property by auction
under this section shall permanently stamp or otherwise permanently
identify the property as property sold by the law enforcement agency.
(j) Upon motion of the prosecuting attorney, the court shall order
property seized under IC 34-24-1 transferred, subject to the perfected
liens or other security interests of any person in the property, to the
appropriate federal authority for disposition under 18 U.S.C. 981(e),
19 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations
adopted by the United States Department of Justice.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.320-1983,
SEC.6; P.L.294-1989, SEC.1; P.L.174-1999, SEC.2; P.L.17-2001,
SEC.11; P.L.187-2005, SEC.2.
Last modified: May 24, 2006