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.