Ohio § 2930.11

§ 2930.11.

(A) Except as otherwise provided in this section or in Chapter 2981. of the Revised Code,

the law enforcement agency responsible for investigating a criminal offense or delinquent

act shall promptly return to the victim of the criminal offense or delinquent act

any property of the victim that was taken in the course of the investigation, and

the victim shall not be compelled to pay any charge as a condition of retrieving that

property.  In accordance with Criminal Rule 26 or an applicable Juvenile Rule, the law enforcement agency may take photographs of

the property for use as evidence.  If the ownership of the property is in dispute, the agency shall not return the

property until the dispute is resolved. (B) The law enforcement agency responsible for investigating a criminal offense or delinquent

act shall retain any property of the victim of the criminal offense or delinquent

act that is needed as evidence in the case, including any weapon used in the commission

of the criminal offense or delinquent act, if the prosecutor certifies to the court

a need to retain the property in lieu of a photograph of the property or of another

evidentiary substitute for the property itself, pursuant to Ohio Rules of Appellate

Procedure. (C) If the defendant or alleged juvenile offender in a case files a motion requesting

the court to order the law enforcement agency to retain property of the victim because

the property is needed for the defense in the case, the agency shall retain the property

until the court rules on the motion.  The court, in making a determination on the motion, shall weigh the victim's need

for the property against the defendant's or alleged juvenile offender's assertion

that the property has evidentiary value for the defense.  The court shall rule on the motion in a timely fashion.