§ 36-364. Seizure of property used in insurance-related crimes.  


Latest version.
  • A.  Any tool, implement or instrumentality used or possessed in connection with any violation of an insurance-related crime or that is the fruit of an insurance-related crime, may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.

    B.  Seizure of property described in subsection A of this section may be made by a member of a state or local law enforcement agency without process if:

    1.  The seizure occurs in accordance with any applicable law or rule;

    2.  The seizure is incident to inspection under an administrative inspection warrant;

    3.  The seizure is incident to search made under a search warrant;

    4.  The seizure is incident to a lawful arrest;

    5.  The seizure is made pursuant to a valid consent to search;

    6.  The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding, or in an injunction or forfeiture proceeding under this act; or

    7.  There are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.

    C.  When property is seized under this section, the seizing agency may:

    1.  Place the property under seal; or

    2.  Remove the property to a place selected and designated by the seizing agency.

Added by Laws 2012, c. 235, § 6, eff. July 1, 2012.