The text
5-1A-1: - SAFEKEEPING PENDING DISPOSITION; RECORDS:#
When personal property comes into the possession of a police officer either in execution of a search warrant, or pursuant to an arrest of a person with or without warrant, or is received or taken by him as evidence in connection with any public offense, he shall hold it in safe custody until it is received into evidence or, if it is not used as evidence, until it can be disposed of as provided in this article. While in the custody of such peace officer, a proper record shall be maintained reflecting the ownership of the property, if known, and the case or cases for which it was taken or received and is being held.
(Ord. 811, 7-17-2012)
5-1A-2: - PROPERTY NOT NEEDED AS EVIDENCE; RETURN:#
Property so obtained which is not needed as evidence shall be returned to the owner if he may lawfully possess it. When the police officer or the police department becomes aware that the property is not needed, the prosecuting attorney shall be so advised, giving a description and details of ownership. When the prosecuting attorney, by such notice or otherwise, becomes aware that the property is not needed, the evidence custodian shall give written notice to the owner. Upon proof of ownership and of lawfulness of possession satisfactory to the prosecuting attorney, the prosecuting attorney shall give the owner written authorization which shall entitle the owner to receive the property from the person having custody of it. When property so obtained is received in evidence, it shall be retained by the clerk of the court last receiving it or shall be returned by him to the custody of the peace officer until all direct appeals and retrials are final, at which time the property shall be returned in accordance with this section. In the event that the prosecuting attorney considers it necessary to retain control over the evidence, in anticipation of possible collateral attacks upon the judgment or of use in some potential prosecution, he may decline to authorize return.
(Ord. 811, 7-17-2012)
5-1A-3: - RECEIPT FROM OWNER OF RETURNED PROPERTY:#
Whenever property is returned to the owner, a receipt shall be taken from him listing in detail the property returned. The receipt shall be retained as a permanent record in the files of the police department or the court where the case is finally resolved.
(Ord. 811, 7-17-2012)
5-1A-4: - UNCLAIMED PROPERTY; SALE OR OTHER DISPOSITION:#
A.
All "unclaimed property", as defined by state statute, shall be disposed of as directed by Utah Code Annotated sections 77-24-4 and 77-24a-5, as amended.
B.
In the event the city council shall, by resolution, designate public interest use of unclaimed property and approve its donation to charity, then such donation shall be made by the police chief or by the city administrator, after consultation with the mayor.
(Ord. 811, 7-17-2012)
5-1A-5: - SEIZED PROPERTY; DUPLICATE RECEIPTS:#
When money or other property is seized with or without a warrant, the police officer seizing it shall at the time deliver a receipt to the person from whom it is taken and file a duplicate in the office of the agency employing the officer. If the custody of the property is transferred to another police agency or the property is placed in evidence, a copy of the receipt shall accompany it until disposition of the property is made in accordance with the provisions of this article.
(Ord. 811, 7-17-2012)