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Posted on: March 1, 2019

Standing Order Regarding Destruction of Property and/or Evidence in Juvenile Offender Cases

This Standing Order applies to all Juvenile Cases (those with case numbers containing JV) filed in the Third Judicial District, Shawnee County, Kansas.  This Standing Order applies to all property and evidence seized by law enforcement officials during a Juvenile Offender investigation by warrant or validly seized without a warrant and not subject to asset forfeiture.

The property and or evidence may be disposed of pursuant to this Standing Order and K.S.A. 22-2512 when authorized in writing by the Office of the Shawnee County District Attorney after that office has verified the following:

1) The investigation has concluded and criminal charges have been declined due to insufficient evidence;

2) The statute of limitations has run for all applicable offenses and no criminal charges were filed;

3) Prosecution has concluded with a dismissal or acquittal; OR

4) A conviction and/or adjudication resulted, the entire sentence has been served, and no appeals are pending.  Once disposition is authorized, destruction must be completed pursuant to internal agency policy K.S.A. 22-2512, and other Kansas laws as they may be amended from time to time.

In the event K.S.A. 22-2512 does not address the disposition of the property and/or evidence in issue, such property and/or evidence shall be disposed of in such manner as the court in its sound discretion shall direct as authorized by K.S.A. 22-2512(c)(8).

Hon. Darian P. Dernovish
Third Judicial District    

See Full Document Here

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Posted on: April 18, 2016