Okla. Stat. tit. 22, § 22-1321

A. It is the intent of the Legislature that any stolen or

embezzled money or other property held in custody of a municipality,

county or the state in any criminal investigation, action or

proceeding be returned to the proper person or its lawful owner

without unnecessary delay.

B. If the property coming into the custody of a municipal,

county or state peace officer is not alleged to have been stolen or

embezzled, the peace officer may return the property to the owner

upon satisfactory proof of ownership. The notice and hearing

provisions of this section shall not be required for return of the

property specified in this section if there is no dispute concerning

the ownership of the property. Within fifteen (15) days of the time

the owner of the property is known, the peace officer shall notify

the owner of the property that the property is in the custody of the

peace officer. The property shall be returned to the owner upon

request, unless the owner, by law, is not permitted to possess such

property.

C. Except as otherwise provided for property that is pawned,

when money or property alleged to have been stolen or embezzled,

comes into the custody of a peace officer, the peace officer shall

hold it subject to the order of the magistrate authorized by Section

1322 of this title to direct the disposal thereof. Within fifteen

(15) days of the time the owner of the property is known, the peace

officer shall notify the owner of the property that the property is

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in the custody of the peace officer. The peace officer shall make a

good-faith effort to locate and notify the owner of the property.

If the peace officer has made a good-faith effort to locate and

notify the owner of the property and has been unable to locate or

notify the owner, the peace officer shall release the property to

the last person in possession of the property within fifteen (15)

days after the peace officer determines that an owner cannot be

located or notified, unless there is evidence that the person who

last had possession of the property is not a lawful possessor of the

property. Such officer may provide a copy of a nonownership

affidavit to the defendant to sign if the defendant is not claiming

ownership of the money or property taken from the defendant and if

the defendant has relinquished the right to remain silent. The

affidavit is not admissible in any proceeding to ascertain the guilt

or innocence of the defendant. A copy of this affidavit shall be

provided to the defendant, and a copy may be filed by the peace

officer with the court clerk. Upon request, a copy of this

affidavit shall be provided to any person claiming ownership of such

money or property. The owner of the property or designated

representative of the owner may make application to the magistrate

for the return of the property. The application shall be on a form

provided by the Administrative Director of the Courts and made

available through the court clerk or the victim-witness coordinator.

The court may charge the applicant a reasonable fee to defray the

cost of filing and docketing the application. Once an application

has been made and notice provided, the magistrate shall docket the

application for a hearing as provided in this section. Where notice

by publication is appropriate, the publication notice form shall be

provided free of charge to the applicant by the Administrative

Director of the Courts through the court clerk or the victim-witness

coordinator with instructions on how to obtain effective publication

notice. The applicant shall notify the last person in possession of

the property prior to the property being seized by the state of the

hearing by mailing a copy of the notice by certified mail return

receipt requested at the last-known address of the person, unless

the person has signed a nonownership affidavit pursuant to this
dinator with instructions on how to obtain effective publication

notice. The applicant shall notify the last person in possession of

the property prior to the property being seized by the state of the

hearing by mailing a copy of the notice by certified mail return

receipt requested at the last-known address of the person, unless

the person has signed a nonownership affidavit pursuant to this

section disclaiming any ownership rights to the property. If the

last person in possession of the property is unable to be served

notice by certified mail, notice shall be provided by first-class

mail and by one publication in a newspaper of general circulation in

the county where the property is held in custody. The applicant

shall notify the district attorney and the court when notice has

been served to the last person in possession of the property or

published pursuant to this section. The hearing shall be held not

less than fifteen (15) days after the notice has been served or

published. Proof of service or publication shall be filed with the

court clerk before the hearing. For the sole purpose of conducting

Oklahoma Statutes - Title 22. Criminal Procedure Page 490

a due process hearing to establish ownership of the property,

"magistrate" as used in this section shall mean a judge of the

district court, associate district judge, special judge or the judge

of a municipal criminal court of record when established pursuant to

Section 28-101 et seq. of Title 11 of the Oklahoma Statutes.

D. If the magistrate determines that the property is needed as

evidence, the magistrate shall determine ownership or right of

possession and determine the procedure and time frame for future

release. The magistrate may order the release of property needed as

evidence pursuant to Section 1327 of this title, provided however,

the order may require the owner to present the property at trial.

The property shall be made available to the owner within twenty (20)

days of the court order for release. The magistrate may authorize

ten (10) days additional time for the return of the exhibit if the

district attorney shows cause that additional time is needed to

photograph or mark the exhibit.

E. If the property is not needed as evidence, it may be

released by the magistrate to the owner or designated representative

of the owner upon satisfactory proof of ownership or to the person

last in possession prior to seizure. The owner of the property or

designated representative of the owner may make application to the

magistrate for the return of the property. The owner shall provide

satisfactory proof of title to the property or sign an affidavit of

ownership if documents of title do not exist. If an affidavit of

ownership or affidavit of right of possession is used to establish

ownership or right of possession, the claimant may also be required

to sign an agreement to indemnify and defend the custodians of the

property in the event of an adverse claim to the property. The

applicant shall notify the last person in possession of the property

prior to such property being seized by the state of the hearing by

mailing a copy of the notice by certified mail return receipt

requested at the last-known address of the person, unless the person

has signed a nonownership affidavit pursuant to this section

disclaiming any ownership rights to the property. If the last

person in possession of the property is unable to be served notice

by certified mail, notice shall be provided by one publication in a

newspaper of general circulation in the county where the property is

held in custody. The applicant shall notify the district attorney

and the court when notice has been served to the last person in

possession of the property or published pursuant to this section.

The hearing shall be held not less than fifteen (15) days after the

notice has been served or published. An affidavit of service or
ewspaper of general circulation in the county where the property is

held in custody. The applicant shall notify the district attorney

and the court when notice has been served to the last person in

possession of the property or published pursuant to this section.

The hearing shall be held not less than fifteen (15) days after the

notice has been served or published. An affidavit of service or

publication shall be filed with the court prior to the hearing.

F. The notice and hearing provisions of subsections C and E of

this section shall not be required for return of the property

specified in said subsections if:

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1. There is no dispute concerning the ownership of the

property;

2. The property is readily identifiable by the owner; and

3. The defendant has entered a plea of guilty or nolo

contendere to the criminal charge, has executed a nonownership

affidavit as provided by subsection C of this section or has been

personally notified that the property will be returned to the owner

and has failed to file an objection to such return within eleven

(11) days of being notified. The owner shall provide satisfactory

proof of title to the property or sign an affidavit of ownership or

right of possession to be provided by the peace officer. If an

affidavit of ownership or affidavit of right of possession is used

to establish ownership or right of possession, the claimant may also

be required to sign an agreement to indemnify and defend the

custodians of the property in the event of an adverse claim to the

property. The affidavit is not admissible in any proceeding to

ascertain the guilt or innocence of the defendant. A copy of this

affidavit shall be filed by the officer with the court clerk. The

property shall then be returned to the owner or person with right of

possession.

G. When property alleged to have been stolen comes into the

custody of a peace officer and the property is deemed to be

perishable, the peace officer shall take such action as appropriate

to temporarily preserve the property. However, within seventy-two

(72) hours of the time the property was recovered, the receiving

agency shall make application for a disposition hearing before a

magistrate, and the receiving agency shall notify by first-class

mail all persons known to have an interest in the property of the

date, time and place of the hearing.

H. In any case, the magistrate may, for good cause shown, order

any evidence or exhibit to be retained pending the outcome of any

appeal or action for postconviction relief.

I. Any time property comes into the custody of a municipality,

a county, or this state as a result of any contact with any peace

officer, criminal investigation or other situation where the return

of the property is prohibited by any municipal, state or federal law

or when the property has disputed ownership or multiple claimants,

the municipality, county or state shall advise the claimant to file

an application with the appropriate district court. Upon filing an

application for a hearing, the claimant shall provide notice by

first-class mail to all interested persons including the government

entity having custody of the property. The government entity having

custody of the property may also seek a hearing regarding the

disposition of the property. The hearing shall be scheduled not

less than fifteen (15) days after the notice is mailed. Unless the

property is being held in connection with a filed criminal charge,

the proceeding shall be considered a civil matter and shall be filed

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in the county where the property is being held. If a criminal

charge has been filed, the matter shall be heard by the judge who

has been assigned to the criminal case. At the hearing the court

shall make a judicial determination as to the proper and lawful
al charge,

the proceeding shall be considered a civil matter and shall be filed

Oklahoma Statutes - Title 22. Criminal Procedure Page 492

in the county where the property is being held. If a criminal

charge has been filed, the matter shall be heard by the judge who

has been assigned to the criminal case. At the hearing the court

shall make a judicial determination as to the proper and lawful

release or other disposition of the property. If the property at

issue is a firearm or other weapon, the court may order the property

destroyed if the court determines that the owner of the firearm or

weapon is mentally or emotionally unstable or disturbed or cannot

legally possess the firearm or weapon.

J. The application, notice and hearing provisions of subsection

I of this section shall include, but are not limited to, all

situations where the peace officer has reason to believe:

1. One of the persons asserting a right to the return of any

firearm or other weapon is or was mentally or emotionally unstable

or disturbed at the time the weapon was placed in custody or at the

time of the request for the return of the weapon;

2. One of the persons asserting a right to the return of a

firearm or other weapon is subject to a victim protection order that

would preclude the return of any weapon as a matter of law;

3. One of the persons asserting a right to the return of any

firearm or other weapon is under indictment or has been convicted of

a felony;

4. One of the persons asserting a right to the return of any

firearm or other weapon has a misdemeanor conviction for domestic

abuse as defined by law;

5. The ownership of the property is unclear due to multiple

claimants or disputes among heirs or next of kin for the property of

the deceased; or

6. The return of the property could subject the municipality,

the county, or this state to potential liability for its return.