CRIMINAL LAWAND PROCEDURE
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35-33-5-4. Return upon execution.
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
court or judge, who issued the warrant,
and this return must indicate the date and
time served and list the items seized.
(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 section 6 of this
chapter.
35-33-5-5. Disposition of seized items.
(a) 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 pro-
vided in this section.
(b) 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 IC 35-43-4-4(h).
(c) Following the final disposition of the cause
at trial level or any other final disposition the fol-
lowing shall be done:
(1) Property which may be lawfully pos-
sessed 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 prop-
erty 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 a convenient time, dis-
pose of this property at a public auction.
The proceeds of this property shall be paid
into the county general fund.
(2) Except as provided in subsection (e),
property, the possession of which is unlaw-
ful, shall be destroyed by the law enforce-
ment agency holding it sixty (60) days
after final disposition of the cause.
(3) A firearm that has been seized from a
person who is dangerous (as defined in
IC 35-47-14-1) shall be retained, returned,
or disposed of in accordance with IC 35-
47-14.
(d) If any property described in subsection
(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.
(e) A law enforcement agency may destroy or
cause to be destroyed chemicals, controlled sub-
stances, or chemically contaminated equipment
(including drug paraphernalia as described in IC
35-48-4-8.5) associated with the illegal manu-
facture of drugs or controlled substances without
a court order if all of the following conditions are
met:
(1) The law enforcement agency collects
and preserves a sufficient quantity of the
chemicals, controlled substances, or chem-
ically contaminated equipment to demon-
strate that the chemicals, controlled
substances, or chemically contaminated
equipment was associated with the illegal
manufacture of drugs or controlled sub-
stances.
(2) The law enforcement agency takes
photographs of the illegal drug manufac-
turing site that accurately depict the pres-
ence and quality of chemicals, controlled
substances, and chemically contaminated
equipment.
(3) The law enforcement agency completes
a chemical inventory report that describes
the type and quantities of chemicals, con-
trolled substances, and chemically con-
taminated equipment present at the illegal
manufacturing site.
The photographs and description of the property
shall be admissible into evidence in place of the
actual physical evidence.
(f) For purposes of preserving the record of
any conviction on appeal, a photograph demon-
strating the nature of the property, and an adequate
description of the property must be obtained
before disposition of the property. In the event of
