§ 63-4254. Seizure of property.

A.  Any tool, implement, or instrumentality, including, but not limited to, a vessel or motor or vessel or motor 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 when:

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

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

3.  The seizure is incident to a lawful arrest;

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

5.  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

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

B.  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 1997, c. 146, § 4, eff. Nov. 1, 1997.