{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1321","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1321","heading":"Custody and return of stolen or embezzled property","body":"A. It is the intent of the Legislature that any stolen or\n\nembezzled money or other property held in custody of a municipality,\n\ncounty or the state in any criminal investigation, action or\n\nproceeding be returned to the proper person or its lawful owner\n\nwithout unnecessary delay.\n\nB. If the property coming into the custody of a municipal,\n\ncounty or state peace officer is not alleged to have been stolen or\n\nembezzled, the peace officer may return the property to the owner\n\nupon satisfactory proof of ownership. The notice and hearing\n\nprovisions of this section shall not be required for return of the\n\nproperty specified in this section if there is no dispute concerning\n\nthe ownership of the property. Within fifteen (15) days of the time\n\nthe owner of the property is known, the peace officer shall notify\n\nthe owner of the property that the property is in the custody of the\n\npeace officer. The property shall be returned to the owner upon\n\nrequest, unless the owner, by law, is not permitted to possess such\n\nproperty.\n\nC. Except as otherwise provided for property that is pawned,\n\nwhen money or property alleged to have been stolen or embezzled,\n\ncomes into the custody of a peace officer, the peace officer shall\n\nhold it subject to the order of the magistrate authorized by Section\n\n1322 of this title to direct the disposal thereof. Within fifteen\n\n(15) days of the time the owner of the property is known, the peace\n\nofficer shall notify the owner of the property that the property is\n\nin the custody of the peace officer. The peace officer shall make a\n\ngood-faith effort to locate and notify the owner of the property.\n\nIf the peace officer has made a good-faith effort to locate and\n\nnotify the owner of the property and has been unable to locate or\n\nnotify the owner, the peace officer shall release the property to\n\nthe last person in possession of the property within fifteen (15)\n\ndays after the peace officer determines that an owner cannot be\n\nlocated or notified, unless there is evidence that the person who\n\nlast had possession of the property is not a lawful possessor of the\n\nproperty. Such officer may provide a copy of a nonownership\n\naffidavit to the defendant to sign if the defendant is not claiming\n\nownership of the money or property taken from the defendant and if\n\nthe defendant has relinquished the right to remain silent. The\n\naffidavit is not admissible in any proceeding to ascertain the guilt\n\nor innocence of the defendant. A copy of this affidavit shall be\n\nprovided to the defendant, and a copy may be filed by the peace\n\nofficer with the court clerk. Upon request, a copy of this\n\naffidavit shall be provided to any person claiming ownership of such\n\nmoney or property. The owner of the property or designated\n\nrepresentative of the owner may make application to the magistrate\n\nfor the return of the property. The application shall be on a form\n\nprovided by the Administrative Director of the Courts and made\n\navailable through the court clerk or the victim-witness coordinator.\n\nThe court may charge the applicant a reasonable fee to defray the\n\ncost of filing and docketing the application. Once an application\n\nhas been made and notice provided, the magistrate shall docket the\n\napplication for a hearing as provided in this section. Where notice\n\nby publication is appropriate, the publication notice form shall be\n\nprovided free of charge to the applicant by the Administrative\n\nDirector of the Courts through the court clerk or the victim-witness\n\ncoordinator with instructions on how to obtain effective publication\n\nnotice. The applicant shall notify the last person in possession of\n\nthe property prior to the property being seized by the state of the\n\nhearing by mailing a copy of the notice by certified mail return\n\nreceipt requested at the last-known address of the person, unless\n\nthe person has signed a nonownership affidavit pursuant to this\ndinator with instructions on how to obtain effective publication\n\nnotice. The applicant shall notify the last person in possession of\n\nthe property prior to the property being seized by the state of the\n\nhearing by mailing a copy of the notice by certified mail return\n\nreceipt requested at the last-known address of the person, unless\n\nthe person has signed a nonownership affidavit pursuant to this\n\nsection disclaiming any ownership rights to the property. If the\n\nlast person in possession of the property is unable to be served\n\nnotice by certified mail, notice shall be provided by first-class\n\nmail and by one publication in a newspaper of general circulation in\n\nthe county where the property is held in custody. The applicant\n\nshall notify the district attorney and the court when notice has\n\nbeen served to the last person in possession of the property or\n\npublished pursuant to this section. The hearing shall be held not\n\nless than fifteen (15) days after the notice has been served or\n\npublished. Proof of service or publication shall be filed with the\n\ncourt clerk before the hearing. For the sole purpose of conducting\n\na due process hearing to establish ownership of the property,\n\n\"magistrate\" as used in this section shall mean a judge of the\n\ndistrict court, associate district judge, special judge or the judge\n\nof a municipal criminal court of record when established pursuant to\n\nSection 28-101 et seq. of Title 11 of the Oklahoma Statutes.\n\nD. If the magistrate determines that the property is needed as\n\nevidence, the magistrate shall determine ownership or right of\n\npossession and determine the procedure and time frame for future\n\nrelease. The magistrate may order the release of property needed as\n\nevidence pursuant to Section 1327 of this title, provided however,\n\nthe order may require the owner to present the property at trial.\n\nThe property shall be made available to the owner within twenty (20)\n\ndays of the court order for release. The magistrate may authorize\n\nten (10) days additional time for the return of the exhibit if the\n\ndistrict attorney shows cause that additional time is needed to\n\nphotograph or mark the exhibit.\n\nE. If the property is not needed as evidence, it may be\n\nreleased by the magistrate to the owner or designated representative\n\nof the owner upon satisfactory proof of ownership or to the person\n\nlast in possession prior to seizure. The owner of the property or\n\ndesignated representative of the owner may make application to the\n\nmagistrate for the return of the property. The owner shall provide\n\nsatisfactory proof of title to the property or sign an affidavit of\n\nownership if documents of title do not exist. If an affidavit of\n\nownership or affidavit of right of possession is used to establish\n\nownership or right of possession, the claimant may also be required\n\nto sign an agreement to indemnify and defend the custodians of the\n\nproperty in the event of an adverse claim to the property. The\n\napplicant shall notify the last person in possession of the property\n\nprior to such property being seized by the state of the hearing by\n\nmailing a copy of the notice by certified mail return receipt\n\nrequested at the last-known address of the person, unless the person\n\nhas signed a nonownership affidavit pursuant to this section\n\ndisclaiming any ownership rights to the property. If the last\n\nperson in possession of the property is unable to be served notice\n\nby certified mail, notice shall be provided by one publication in a\n\nnewspaper of general circulation in the county where the property is\n\nheld in custody. The applicant shall notify the district attorney\n\nand the court when notice has been served to the last person in\n\npossession of the property or published pursuant to this section.\n\nThe hearing shall be held not less than fifteen (15) days after the\n\nnotice has been served or published. An affidavit of service or\newspaper of general circulation in the county where the property is\n\nheld in custody. The applicant shall notify the district attorney\n\nand the court when notice has been served to the last person in\n\npossession of the property or published pursuant to this section.\n\nThe hearing shall be held not less than fifteen (15) days after the\n\nnotice has been served or published. An affidavit of service or\n\npublication shall be filed with the court prior to the hearing.\n\nF. The notice and hearing provisions of subsections C and E of\n\nthis section shall not be required for return of the property\n\nspecified in said subsections if:\n\n1. There is no dispute concerning the ownership of the\n\nproperty;\n\n2. The property is readily identifiable by the owner; and\n\n3. The defendant has entered a plea of guilty or nolo\n\ncontendere to the criminal charge, has executed a nonownership\n\naffidavit as provided by subsection C of this section or has been\n\npersonally notified that the property will be returned to the owner\n\nand has failed to file an objection to such return within eleven\n\n(11) days of being notified. The owner shall provide satisfactory\n\nproof of title to the property or sign an affidavit of ownership or\n\nright of possession to be provided by the peace officer. If an\n\naffidavit of ownership or affidavit of right of possession is used\n\nto establish ownership or right of possession, the claimant may also\n\nbe required to sign an agreement to indemnify and defend the\n\ncustodians of the property in the event of an adverse claim to the\n\nproperty. The affidavit is not admissible in any proceeding to\n\nascertain the guilt or innocence of the defendant. A copy of this\n\naffidavit shall be filed by the officer with the court clerk. The\n\nproperty shall then be returned to the owner or person with right of\n\npossession.\n\nG. When property alleged to have been stolen comes into the\n\ncustody of a peace officer and the property is deemed to be\n\nperishable, the peace officer shall take such action as appropriate\n\nto temporarily preserve the property. However, within seventy-two\n\n(72) hours of the time the property was recovered, the receiving\n\nagency shall make application for a disposition hearing before a\n\nmagistrate, and the receiving agency shall notify by first-class\n\nmail all persons known to have an interest in the property of the\n\ndate, time and place of the hearing.\n\nH. In any case, the magistrate may, for good cause shown, order\n\nany evidence or exhibit to be retained pending the outcome of any\n\nappeal or action for postconviction relief.\n\nI. Any time property comes into the custody of a municipality,\n\na county, or this state as a result of any contact with any peace\n\nofficer, criminal investigation or other situation where the return\n\nof the property is prohibited by any municipal, state or federal law\n\nor when the property has disputed ownership or multiple claimants,\n\nthe municipality, county or state shall advise the claimant to file\n\nan application with the appropriate district court. Upon filing an\n\napplication for a hearing, the claimant shall provide notice by\n\nfirst-class mail to all interested persons including the government\n\nentity having custody of the property. The government entity having\n\ncustody of the property may also seek a hearing regarding the\n\ndisposition of the property. The hearing shall be scheduled not\n\nless than fifteen (15) days after the notice is mailed. Unless the\n\nproperty is being held in connection with a filed criminal charge,\n\nthe proceeding shall be considered a civil matter and shall be filed\n\nin the county where the property is being held. If a criminal\n\ncharge has been filed, the matter shall be heard by the judge who\n\nhas been assigned to the criminal case. At the hearing the court\n\nshall make a judicial determination as to the proper and lawful\nal charge,\n\nthe proceeding shall be considered a civil matter and shall be filed\n\nin the county where the property is being held. If a criminal\n\ncharge has been filed, the matter shall be heard by the judge who\n\nhas been assigned to the criminal case. At the hearing the court\n\nshall make a judicial determination as to the proper and lawful\n\nrelease or other disposition of the property. If the property at\n\nissue is a firearm or other weapon, the court may order the property\n\ndestroyed if the court determines that the owner of the firearm or\n\nweapon is mentally or emotionally unstable or disturbed or cannot\n\nlegally possess the firearm or weapon.\n\nJ. The application, notice and hearing provisions of subsection\n\nI of this section shall include, but are not limited to, all\n\nsituations where the peace officer has reason to believe:\n\n1. One of the persons asserting a right to the return of any\n\nfirearm or other weapon is or was mentally or emotionally unstable\n\nor disturbed at the time the weapon was placed in custody or at the\n\ntime of the request for the return of the weapon;\n\n2. One of the persons asserting a right to the return of a\n\nfirearm or other weapon is subject to a victim protection order that\n\nwould preclude the return of any weapon as a matter of law;\n\n3. One of the persons asserting a right to the return of any\n\nfirearm or other weapon is under indictment or has been convicted of\n\na felony;\n\n4. One of the persons asserting a right to the return of any\n\nfirearm or other weapon has a misdemeanor conviction for domestic\n\nabuse as defined by law;\n\n5. The ownership of the property is unclear due to multiple\n\nclaimants or disputes among heirs or next of kin for the property of\n\nthe deceased; or\n\n6. The return of the property could subject the municipality,\n\nthe county, or this state to potential liability for its return.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e830b24749ce97ceae58f9ebfcb6bbe9c2f1853cea923cac86c397d1bb7cb2ae","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-132","next":"us-ok/okla.-stat.-tit.-22-22-1322"},"notice":"GroundRules: Original legal text. Not legal advice."}