Arkansas

Criminal Procedure

Criminal Procedure

Rule 15.2 – Motions for Return or Restoration of Seized Things

(a) Who May File. Within thirty (30) days after notice of seizure, or at such later date as the court in its discretion may allow:

(i) the individual from whose person, property, or premises things have been seized may move the court to whom the warrant was returned, or the court having jurisdiction of the offense in question, as the case may be, to return things seized to the person or premises from which they were seized; and
(ii) any other person asserting a claim to rightful possession of the things seized may move the court having jurisdiction of the matter to restore the things seized to such person.
(b) Grounds. Motions for return or restoration of seized things shall be based on the ground that the moving party has a valid claim to rightful possession of things seized, because:

(i) the things had been stolen or otherwise converted, and the moving party is the owner or rightful possessor;
(ii) the things seized were not in fact subject to seizure;
(iii) the moving party, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure; or
(iv) although the things seized were subject to seizure, the moving party is or will be entitled to their return or restoration on the court’s determination that they are no longer needed for evidentiary purposes.
(c) Custody Order. When a motion is made for the return or restoration of seized things, the court shall enter a custody order which shall provide for the safekeeping of the things seized, with conditions of appropriate privacy for documents and other records.
(d) Postponement of Return. In granting a motion for return or restoration of seized things, the court may postpone execution of the order for return or restoration, until such time as the things need no longer remain available for evidentiary use.
(e) Appellate Review. An order granting a motion for return or restoration of seized things shall be reviewable on appeal in regular course as a final order. An order denying such a motion, or entered under Rule 15.2(f), shall be reviewable on appeal upon certification by the court having custody of such things that they are no longer needed for evidentiary purposes.
(f) Disputed Possession Rights. If, upon consideration of a motion or motions for return or restoration of seized things, it appears that the things should be returned or restored, but there is a substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants as to rightful possession, the court hearing the matter may, in its discretion, return the things to the person from whose possession they were seized, or impound the things seized and remit the several claimants to appropriate civil process for determination of the claims.
(g) Disposition of Contraband and Unclaimed Goods. At such time as the court finds that there is no further need for custody of the seized things, and if no motion for return or restoration of the seized things has been made, the court shall order the things to be delivered to the officials charged with responsibility under the applicable laws for the sale, destruction, or other disposition of contraband and unclaimed goods in official custody.

Ark. R. Crim. P. 15.2