(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 56-29-30 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) it is 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 56-29-60; 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.
HISTORY: 1987 Act No. 16, Section 5.