CCP 18 gives a lot of guidance, but correct me if I am wrong.....When there is no prosecution, or the disposition is a dismissal, acquittal, etc., and the stuff in evidence is not contraband....we can't have a judge order it destroyed or retained for officer training, right? I am talking about stuff like cell phones, pants, flashlight.....
Nope. That stuff should go through the process in 18.17.
That's what I thought. Thanks!!! Always feels good to know that you haven't missed some big section of a code somewhere.
What happens if you know and can locate the owner. If it's not contraband and covered under another section such as Article 18.19, shouldn't it be returned to the original owner rather than being treated as abandoned property?
I think that's why article 18.17(b) and (d-1) require notice to the owner, if known, and the article provides a process in (d-2) and (e) for the owner to claim the property or proceeds from its sale.
I agree. They only call it "abandoned" or "unclaimed" property after the designated agent for the municipality or county notices the owner and doesn't get a response.
Re: Disposing of criminal evidence. Jana McCown wrote an article "When is a court order needed to destroy evidence?" in 2009 and it's still on the TDCAA website. Was just wondering if there were any changes made since this was first published and if anyone has advice for new evidence technicians who have a hard time getting dispositions from the prosecutors / courts and how about to get those dispositions and orders (if needed) to get rid of property / evidence submitted in a criminal case. Thanks in advance.
Huntsville PD, retired
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