(A) Pursuant to I.C. 35-33-5-5(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 I.C. 35-43-4-4(h).
(B) Pursuant to I.C. 35-33-5-5(c), following the final disposition of the cause at trial level or any other final disposition the following shall be done:
(1) Property which may be lawfully possessed 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 property to ascertain ownership of the property. After 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 Dearborn County Sheriff’s Department shall, at a convenient time, dispose of the property at a public auction. The proceeds of this property shall be paid into the county general fund.
(2) Except as provided in I.C. 35-33-5-5(e), property, the possession of which is unlawful, shall be destroyed by the law enforcement agency holding it 60 days after the final disposition of the cause.
(3) A firearm that has been seized from a person who is dangerous (as defined in I.C. 35-47-14-1) shall be retained, returned, or disposed of in accordance with I.C. 35-47-14.
(C) Pursuant to I.C. 35-33-5-5(d), if any property described in division (B) of this section was admitted into evidence in the cause, the property shall be disposed of in accordance with an order of the court trying the cause.
(D) Pursuant to I.C. 35-33-5-5(f), for purposes of preserving the record of any conviction on appeal, a photograph demonstrating the nature of the property, and an adequate description of the property must be obtained before the disposition of the property.
(E) Pursuant to I.C. 35-33-5-5(g), if the Dearborn County Sheriff’s Department disposes of property in any manner provided by divisions (A) or (B) of this section, they shall maintain certified records of any disposition under division (A) or (B) of this section.
(F) Pursuant to I.C. 35-33-5-5(i), if the Dearborn County Sheriff’s Department disposes of property by auction they shall permanently stamp or otherwise identify the property as property sold by the Dearborn County Sheriff’s Department.
(G) If the Dearborn County Sheriff’s Department holds a public auction, a notice of public auction shall be posted at the Dearborn County Courthouse, the Dearborn County Administration Building, and the Dearborn County Law Enforcement. Furthermore, a notice of public auction shall run in the local paper at least two times, two weeks prior to the date of the public auction. Said notice of public auction should note the date, time, and location of the auction.
(H) The Dearborn County Sheriff’s Department is in the best position to ascertain the rightful owners of the seized property, however, reasonable efforts to ascertain the rightful owner shall be made and may include, but is not limited to, contacting with law enforcement agencies in other counties and/or states, local area police data base of reports, advertisements in local newspapers, advertising on local radio stations, posting on the Dearborn County Sheriff’s Department website and any other means in which one could ascertain ownership.
(I) Receipts or proofs of purchase may be used by the Dearborn County Sheriff’s Department to show proof of ownership and any other means with which the Sheriff’s Department deems appropriate.
(J) Notification to the rightful owner under division (B)(1)(a) of this section shall be by phone or certified mail.
(BC Ord. 2015-007, passed 5-67-15)