Seizure of Personal Property Used or Possessed in Connection With Violation of Code Section 16-8-83

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Involving Theft
  5. Motor Vehicle Chop Shops and Stolen and Altered Property
  6. Seizure of Personal Property Used or Possessed in Connection With Violation of Code Section 16-8-83

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  1. 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 Code Section 16-8-83 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
  2. Seizure of property described in subsection (a) of this Code section may be made by a member of a state or local law enforcement agency without process if:
    1. The seizure is made 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 a 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 Code Section 16-8-86; or
    7. There are reasonable grounds to believe that the property is directly or indirectly dangerous to the health or safety of the public.
  3. When property is seized pursuant to this Code 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.

(Code 1981, §16-8-84, enacted by Ga. L. 1991, p. 1805, § 1.)


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