46-5-307. Petition for destruction, disposal, or use of evidence. - Montana Statutes

     46-5-307. Petition for destruction, disposal, or use of evidence. (1) The prosecutor may file a petition with the court alleging that there exist certain items held as evidence either by the law enforcement agency or the court and that the items no longer have any evidentiary value. The petition must include:
     (a) the name and title of the petitioner;
     (b) the items of evidence sought to be destroyed, disposed of, or used, including a specific description of each that may be attached to the petition by separate inventory;
     (c) when the items were seized;
     (d) whether the items constitute contraband, which for the purposes of 46-5-306 through 46-5-309 means any property that is unlawful to produce or possess;
     (e) whether the items relate to a filed case and, if so, the court and cause number of the case and its procedural status;
     (f) whether, in those instances in which the items are not contraband, an effort has been made to return the items to the apparent owner and the results of the effort;
     (g) an allegation to the effect that any criminal prosecutions involving the items of evidence have been completed and no appeals are pending or that no criminal charges have been filed or are presently contemplated; and
     (h) the petitioner's intentions relative to disposition of the items.
     (2) If the petition requests the destruction or use of contraband, it must describe how destruction is to be accomplished or how the contraband has training or law enforcement value and its contemplated use by a law enforcement agency.
     (3) The county attorney shall provide a victim of the offense with a copy of the petition and shall advise the court whether the victim wishes to be heard on the petition.

     History: En. Sec. 2, Ch. 348, L. 1989; amd. Sec. 2, Ch. 186, L. 1997.