§ 47-1504. Seizure without process of tool, implement, or instrumentality of offense - Disposition of seized property.

A.  Any tool, implement, or instrumentality, including but not limited to a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Section 3 of this act 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.  in accordance with any applicable law or regulation;

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 Section 6 of 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 1988, c. 158, § 4, operative July 1, 1988.