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AZ2: In a business records seizure, magistrate should take testimony on return of records

By John Wesley Hall, Jr.

In a seizure of business records, the Arizona statute involved required that the magistrate take testimony on whether the documents should be returned when no forfeiture of the seized property is sought. In re Search Warrant, No. 08 SW 1417, 2010 Ariz. App. LEXIS 87 (May 28, 2010): P12 We agree with the essence of Franklin’s interpretation. Section 13-3922 clearly and unambiguously provides that a magistrate “shall proceed to take testimony” unless a forfeiture action relating to the same property interest “is or has been” filed. Thus, if such a forfeiture action is pending, the magistrate is precluded only from taking testimony. Nothing in the statute's plain language suggests the magistrate also is precluded from deciding the motion on the papers...continue to full post

Full post as published by Fourth Amendment on June 05, 2010 (boomark / email).