§ 31-48-4 Seizure. – (a) Any tool, implement, or instrumentality, including, but not limited to, amotor vehicle or motor vehicle part, used or possessed in connection with anyviolation of § 31-48-3 may be seized by a member of a state or local lawenforcement agency upon process issued by any court of competent jurisdiction.
(b) Seizure of property described in subsection (a) of thissection may be made by a member of a state or local law enforcement agencywithout process:
(1) If in accordance with any applicable law or regulation;
(2) If the seizure is incident to inspection under anadministrative inspection warrant;
(3) If the seizure is incident to search made under a searchwarrant;
(4) If the seizure is incident to a lawful arrest;
(5) If the seizure is made pursuant to a valid consent tosearch;
(6) If the property seized has been the subject of a priorjudgment in favor of the state in a criminal proceeding, or in an injunction orforfeiture proceeding under § 31-48-6; or
(7) If there are reasonable grounds to believe that theproperty is directly or indirectly dangerous to health or safety.
(c) When property is seized under this section, the seizingagency may:
(1) Lock and secure the property at its location; or
(2) Remove the property to a place selected and designated bythe seizing agency.
§ 31-48-4 Seizure. – (a) Any tool, implement, or instrumentality, including, but not limited to, amotor vehicle or motor vehicle part, used or possessed in connection with anyviolation of § 31-48-3 may be seized by a member of a state or local lawenforcement agency upon process issued by any court of competent jurisdiction.
(b) Seizure of property described in subsection (a) of thissection may be made by a member of a state or local law enforcement agencywithout process:
(1) If in accordance with any applicable law or regulation;
(2) If the seizure is incident to inspection under anadministrative inspection warrant;
(3) If the seizure is incident to search made under a searchwarrant;
(4) If the seizure is incident to a lawful arrest;
(5) If the seizure is made pursuant to a valid consent tosearch;
(6) If the property seized has been the subject of a priorjudgment in favor of the state in a criminal proceeding, or in an injunction orforfeiture proceeding under § 31-48-6; or
(7) If there are reasonable grounds to believe that theproperty is directly or indirectly dangerous to health or safety.
(c) When property is seized under this section, the seizingagency may:
(1) Lock and secure the property at its location; or
(2) Remove the property to a place selected and designated bythe seizing agency.
§ 31-48-4 Seizure. – (a) Any tool, implement, or instrumentality, including, but not limited to, amotor vehicle or motor vehicle part, used or possessed in connection with anyviolation of § 31-48-3 may be seized by a member of a state or local lawenforcement agency upon process issued by any court of competent jurisdiction.
(b) Seizure of property described in subsection (a) of thissection may be made by a member of a state or local law enforcement agencywithout process:
(1) If in accordance with any applicable law or regulation;
(2) If the seizure is incident to inspection under anadministrative inspection warrant;
(3) If the seizure is incident to search made under a searchwarrant;
(4) If the seizure is incident to a lawful arrest;
(5) If the seizure is made pursuant to a valid consent tosearch;
(6) If the property seized has been the subject of a priorjudgment in favor of the state in a criminal proceeding, or in an injunction orforfeiture proceeding under § 31-48-6; or
(7) If there are reasonable grounds to believe that theproperty is directly or indirectly dangerous to health or safety.
(c) When property is seized under this section, the seizingagency may:
(1) Lock and secure the property at its location; or
(2) Remove the property to a place selected and designated bythe seizing agency.
