9.28.030 - Determination of prohibited instruments, records or money.

In determining whether an object is an instrument, record, money or representation of value used in the distribution of controlled substances, the trier of fact should consider the totality of the circumstances and evidence, as well as: A.

Statements by an owner or by anyone in control of the object concerning its use;

B.

Prior convictions, if any, of an owner, or anyone in control of the object, under any state or federal law relating to a controlled substance;

C.

The proximity of the object, in time and space, to a direct violation of the Utah Controlled Substance Act;

D.

The proximity of the object to a controlled substance;

E.

The existence of any residue of a controlled substance on the object;

F.

Instructions or descriptive materials, whether oral or written, provided with the object concerning its use;

G.

Telephone numbers, addresses, or any otherwise relevant data written on, contained in, or otherwise accompanying the object;

H.

The manner in which the object is used;

I.

The existence and scope of legitimate uses of the object in the community; and

J.

Expert testimony concerning its use.

(Ord. 97-17 § 1 (part))