State v. Glenn

Citations

• 2023 Ohio 4654

Syllabus

Return of seized property property in law enforcement custody return of property after dismissal of indictment R.C. 2981.11(A)(1) law enforcement agency's authority to retain property R.C. 2981.03(A)(4). Judgment reversed and remanded. The trial court acted contrary to law in failing to hold a hearing on defendant-appellee's motion for release of property that was in law enforcement custody \not later than twenty-one days\ of the motion being filed, pursuant to R.C. 2981.03(A)(4). The defendant-appellee's motion did not show, by a preponderance of the evidence, that he was entitled to the property that was in the custody of law enforcement.