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

Checkout our iOS App for a better way to browser and research.

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.


Download our app to see the most-to-date content.