Statutes | Fort Belknap Tribal Code Title III Part II ยง 2.3 | 2019
A. When the warrant is executed by the seizure of property or things described in it or of any other items:
(1) The officer who executed the warrant shall make a return on it directed to the judge who issued the warrant, and this return must indicate the date and time served and list the items seized and be filed with the clerk of court.
(2) The items so seized shall be securely held by the law enforcement agency whose officer executed the search warrant under the order of the court trying the cause, except as provided in this section.
B. 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.
C. 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 subsection D of this section.
D. Following the final disposition of the cause at trial level or any other final disposition:
(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 court general fund.
(2) 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.
E. If any property described in subsection Section 2.3 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.
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 subsections C and D of this section 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.
1. 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. This section does not affect the durg seizure and forefeiture provisions set out at Title IV., Part VI, Section 3.2.
History: Section 2. Subsection 2.3(A-I) enacted on tbe 3/8/99. Resolution 63-99 fonnerly Section X. Rule 14.