§ 31-48-5 Forfeiture. – (a) The following are subject to forfeiture unless obtained by theft, fraud orconspiracy to defraud and the rightful owner is known or can be identified andlocated:
(1) Any tool,
(2) Any implement, or
(3) Any instrumentality, including, but not limited to, anymotor vehicle or motor vehicle part, whether owned or not owned by the personfrom whose possession or control it was seized, which is used or possessedeither in violation of § 31-48-3 or to promote or facilitate a violationof § 31-48-3.
(b) Any motor vehicle, other conveyance, or motor vehiclepart used by any person as a common carrier is subject to forfeiture under thissection where the owner or other person in charge of the motor vehicle, otherconveyance, or motor vehicle part is a consenting party to a violation of§ 31-48-3.
(c) Any motor vehicle, motor vehicle part, other conveyance,tool, implement, or instrumentality is not subject to forfeiture under thissection by reason of any act or omission which the owner proves to have beencommitted or omitted without the owner's knowledge or consent.
(2) Seizing agencies will utilize their best efforts toidentify any seized motor vehicle or motor vehicle part to determine ownershipor the identity of any person having a right or interest in a seized motorvehicle or motor vehicle part. In its reasonable identification and ownerlocation attempts, the seizing agency will cause the stolen motor vehicle filesof the local or state police to be searched for stolen or wanted information onmotor vehicles similar to the seized motor vehicle or consistent with theseized motor vehicle part.
(d) Where a motor vehicle or motor vehicle part has anapparent value in excess of one thousand dollars ($1,000):
(1) The seizing agency shall consult with an expert, eitherlaw enforcement investigative personnel specially trained and experienced inmotor vehicle theft investigative procedures and motor vehicle identificationexamination techniques, or by expert employees of not-for-profit motor vehicletheft prevention agencies specially trained and experienced in motor vehicletheft investigation procedures and motor vehicle identification examinationtechnique.
(2) The seizing agency shall also request searches of theon-line and off-line files of the National Crime Information Center (NCIC) andthe National Automobile Theft Bureau (NATB) when the local or state policefiles have been searched with negative results.
(e) A forfeiture of a motor vehicle, motor vehicle part, orother conveyance encumbered by a bona fide security interest is subject to theinterest of the secured party where the secured party neither had knowledge ofnor consented to the act or omission forming the ground for the forfeiture.
(f) Property, described in subsection (a) of this section,seized and held for forfeiture, shall not be subject to replevin and is subjectonly to the order and judgments of a court of competent jurisdiction hearingthe forfeiture proceedings.
(g) The attorney general shall bring an action for forfeiturein a court of competent jurisdiction. The forfeiture action shall be broughtwithin sixty (60) days from the date of seizure except where the attorneygeneral, by sound exercise of discretion determines that no forfeiture actionshould be brought because of the rights of property owners, lienholders, orsecured creditors, or because of exculpatory, exonerating, or mitigating factsand circumstances.
(2) The attorney general shall give notice of the forfeitureproceeding by mailing a copy of the complaint in the forfeiture proceeding toeach person whose right, title, or interest is of record in the division ofmotor vehicles, or any other department or agency of the state, or any otherstate or territory of the United States, or of the federal government if thatproperty is required to be registered in any department.
(3) Notice of the proceeding shall be given to any otherperson as may appear, from the facts and circumstances, to have any right,title, or interest in or to the property.
(4) The owner of the property, or any person having, orclaiming, right, title, or interest in the property may within sixty (60) daysafter the mailing of the notice file a verified answer to the complaint and mayappear at the hearing on the action for forfeiture.
(5) The attorney general shall show at a forfeiture hearing,by a preponderance of the evidence, that the property was used in thecommission of a violation of § 31-48-3, or was used or possessed tofacilitate the violation.
(6) The owner of property may show by a preponderance of theevidence that the owner did not know, and did not have reason to know, that theproperty was to be used or possessed in the commission of any violation or thatany of the exceptions to forfeiture are applicable.
(7) Unless the attorney general shall make the showingrequired of it, the court shall order the property released to the owner. Wherethe attorney general has made that showing, the court may order:
(i) The property be destroyed by the agency which seized itor some other agency designated by the court,
(ii) The property be delivered and retained for use by theagency which seized it or some other agency designated by the court, or
(iii) The property be sold at public sale.
(h) A copy of a forfeiture order shall be filed with eachfederal or state department with which the property is required to beregistered. The order, when filed, constitutes authority for the issuance tothe agency to whom the property is delivered and retained for use or to anypurchaser of the property of a title certificate, registration certificate, orother special certificate as may be required by law considering the conditionof the property.
(i) Proceeds from sale at public auction, after payment ofall reasonable charges and expenses incurred by the agency designated by thecourt to conduct the sale in storing and selling the property, shall be paid tothe general fund of the state of Rhode Island.
(j) No motor vehicle, either seized under § 31-48-4 orforfeited under this section, shall be released by the seizing agency or usedor sold by an agency designated by the court unless any altered, counterfeited,defaced, destroyed, disguised, falsified, forged, obliterated, or removedvehicle identification number is corrected by the issuance and affixing ofeither an assigned or replacement vehicle identification number plate as may beappropriate under laws or regulations of this state.
(k) No motor vehicle part having any altered, counterfeited,defaced, destroyed, disguised, falsified, forged, obliterated, or removedvehicle identification number may be disposed of upon forfeiture except by itsdestruction. This provision shall not apply to any motor vehicle part which isassembled with and constitutes part of a motor vehicle.
(l) No motor vehicle or motor vehicle part shall be forfeitedunder this section solely on the basis that it is unidentifiable. Instead offorfeiture, any seized motor vehicle or motor vehicle part which isunidentifiable shall be the subject of a written report sent by the seizingagency to the division of motor vehicles, which report shall include adescription of the motor vehicle or motor vehicle part, its color, if any, thedate, time, and place of its seizure, the name of the person from whosepossession or control it was seized, the grounds for its seizure, and thelocation where the same is held or stored.
(m) When a seized unidentifiable motor vehicle or motorvehicle part has been held for sixty (60) days or more after the notice to thedivision of motor vehicles specified in subsection (k) of this section havebeen given, the seizing agency or its agent shall cause the motor vehicle ormotor vehicle part to be sold at public sale to the highest bidder. Notice ofthe time and place of sale shall be posted in a conspicuous place for at leastthirty (30) days prior to the sale of the premises where the motor vehicle ormotor vehicle part has been stored.
(n) When a seized unidentifiable motor vehicle or motorvehicle part has an apparent value of one thousand dollars ($1,000) or less,the seizing agency shall authorize the disposal of the motor vehicle or motorvehicle part, provided that no disposition shall be made less than sixty (60)days after the date of seizure.
(o) The proceeds of the public sale of an unidentifiablemotor vehicle or motor vehicle part shall be deposited in the general fund ofthe state after deduction of any reasonable and necessary towing and storagecharges.
(p) Seizing agencies will utilize their best efforts toarrange for the towing and storing of motor vehicles and motor vehicles partsin the most economical manner possible. In no event shall the owner of a motorvehicle or a motor vehicle part be required to pay more than the minimumreasonable costs of towing and storage.
(q) A seized motor vehicle or motor vehicle part that isneither forfeited nor unidentifiable shall be held subject to the order of thecourt in which the criminal action is pending or, if a request for its releasefrom custody is made until the attorney general has notified the defendant orthe defendant's attorney of the request and both the prosecution and defensehave been afforded a reasonable opportunity for an examination of the propertyto determine its true value and to produce or reproduce, by photographs orother identifying techniques, legally sufficient evidence for introduction attrial or other criminal proceedings. Upon expiration of a reasonable time forthe completion of the examination which shall not exceed fourteen (14) daysfrom the date of service upon the defense of the notice of request for returnof property as provided in this chapter, the property shall be released to theperson making the request after satisfactory proof of the person's entitlementto the possession of it. However, upon application by either party with noticeto the other, the court may order retention of the property if it determinesthat retention is necessary in the furtherance of justice.
(r) When a seized vehicle is forfeited, restored to itsowner, or disposed of as unidentifiable, the seizing agency shall retain areport of the transaction for a period of at least one year from the date ofthe transaction.
(s) When an applicant for a certificate of title or salvagecertificate presents to the division of motor vehicles proof that the applicantpurchased or acquired a motor vehicle at a public sale conducted pursuant tothis section and that fact is attested to by the seizing agency, the divisionof motor vehicles shall issue a certificate of title, salvage certificate forthe motor vehicle upon receipt of the statutory fee, properly executedapplication for a certificate of title, or other certificate of ownership, andthe affidavit of the seizing agency that a state-assigned number was appliedfor and affixed to the motor vehicle proper to the time that the motor vehiclewas released by the seizing agency to the purchaser.
§ 31-48-5 Forfeiture. – (a) The following are subject to forfeiture unless obtained by theft, fraud orconspiracy to defraud and the rightful owner is known or can be identified andlocated:
(1) Any tool,
(2) Any implement, or
(3) Any instrumentality, including, but not limited to, anymotor vehicle or motor vehicle part, whether owned or not owned by the personfrom whose possession or control it was seized, which is used or possessedeither in violation of § 31-48-3 or to promote or facilitate a violationof § 31-48-3.
(b) Any motor vehicle, other conveyance, or motor vehiclepart used by any person as a common carrier is subject to forfeiture under thissection where the owner or other person in charge of the motor vehicle, otherconveyance, or motor vehicle part is a consenting party to a violation of§ 31-48-3.
(c) Any motor vehicle, motor vehicle part, other conveyance,tool, implement, or instrumentality is not subject to forfeiture under thissection by reason of any act or omission which the owner proves to have beencommitted or omitted without the owner's knowledge or consent.
(2) Seizing agencies will utilize their best efforts toidentify any seized motor vehicle or motor vehicle part to determine ownershipor the identity of any person having a right or interest in a seized motorvehicle or motor vehicle part. In its reasonable identification and ownerlocation attempts, the seizing agency will cause the stolen motor vehicle filesof the local or state police to be searched for stolen or wanted information onmotor vehicles similar to the seized motor vehicle or consistent with theseized motor vehicle part.
(d) Where a motor vehicle or motor vehicle part has anapparent value in excess of one thousand dollars ($1,000):
(1) The seizing agency shall consult with an expert, eitherlaw enforcement investigative personnel specially trained and experienced inmotor vehicle theft investigative procedures and motor vehicle identificationexamination techniques, or by expert employees of not-for-profit motor vehicletheft prevention agencies specially trained and experienced in motor vehicletheft investigation procedures and motor vehicle identification examinationtechnique.
(2) The seizing agency shall also request searches of theon-line and off-line files of the National Crime Information Center (NCIC) andthe National Automobile Theft Bureau (NATB) when the local or state policefiles have been searched with negative results.
(e) A forfeiture of a motor vehicle, motor vehicle part, orother conveyance encumbered by a bona fide security interest is subject to theinterest of the secured party where the secured party neither had knowledge ofnor consented to the act or omission forming the ground for the forfeiture.
(f) Property, described in subsection (a) of this section,seized and held for forfeiture, shall not be subject to replevin and is subjectonly to the order and judgments of a court of competent jurisdiction hearingthe forfeiture proceedings.
(g) The attorney general shall bring an action for forfeiturein a court of competent jurisdiction. The forfeiture action shall be broughtwithin sixty (60) days from the date of seizure except where the attorneygeneral, by sound exercise of discretion determines that no forfeiture actionshould be brought because of the rights of property owners, lienholders, orsecured creditors, or because of exculpatory, exonerating, or mitigating factsand circumstances.
(2) The attorney general shall give notice of the forfeitureproceeding by mailing a copy of the complaint in the forfeiture proceeding toeach person whose right, title, or interest is of record in the division ofmotor vehicles, or any other department or agency of the state, or any otherstate or territory of the United States, or of the federal government if thatproperty is required to be registered in any department.
(3) Notice of the proceeding shall be given to any otherperson as may appear, from the facts and circumstances, to have any right,title, or interest in or to the property.
(4) The owner of the property, or any person having, orclaiming, right, title, or interest in the property may within sixty (60) daysafter the mailing of the notice file a verified answer to the complaint and mayappear at the hearing on the action for forfeiture.
(5) The attorney general shall show at a forfeiture hearing,by a preponderance of the evidence, that the property was used in thecommission of a violation of § 31-48-3, or was used or possessed tofacilitate the violation.
(6) The owner of property may show by a preponderance of theevidence that the owner did not know, and did not have reason to know, that theproperty was to be used or possessed in the commission of any violation or thatany of the exceptions to forfeiture are applicable.
(7) Unless the attorney general shall make the showingrequired of it, the court shall order the property released to the owner. Wherethe attorney general has made that showing, the court may order:
(i) The property be destroyed by the agency which seized itor some other agency designated by the court,
(ii) The property be delivered and retained for use by theagency which seized it or some other agency designated by the court, or
(iii) The property be sold at public sale.
(h) A copy of a forfeiture order shall be filed with eachfederal or state department with which the property is required to beregistered. The order, when filed, constitutes authority for the issuance tothe agency to whom the property is delivered and retained for use or to anypurchaser of the property of a title certificate, registration certificate, orother special certificate as may be required by law considering the conditionof the property.
(i) Proceeds from sale at public auction, after payment ofall reasonable charges and expenses incurred by the agency designated by thecourt to conduct the sale in storing and selling the property, shall be paid tothe general fund of the state of Rhode Island.
(j) No motor vehicle, either seized under § 31-48-4 orforfeited under this section, shall be released by the seizing agency or usedor sold by an agency designated by the court unless any altered, counterfeited,defaced, destroyed, disguised, falsified, forged, obliterated, or removedvehicle identification number is corrected by the issuance and affixing ofeither an assigned or replacement vehicle identification number plate as may beappropriate under laws or regulations of this state.
(k) No motor vehicle part having any altered, counterfeited,defaced, destroyed, disguised, falsified, forged, obliterated, or removedvehicle identification number may be disposed of upon forfeiture except by itsdestruction. This provision shall not apply to any motor vehicle part which isassembled with and constitutes part of a motor vehicle.
(l) No motor vehicle or motor vehicle part shall be forfeitedunder this section solely on the basis that it is unidentifiable. Instead offorfeiture, any seized motor vehicle or motor vehicle part which isunidentifiable shall be the subject of a written report sent by the seizingagency to the division of motor vehicles, which report shall include adescription of the motor vehicle or motor vehicle part, its color, if any, thedate, time, and place of its seizure, the name of the person from whosepossession or control it was seized, the grounds for its seizure, and thelocation where the same is held or stored.
(m) When a seized unidentifiable motor vehicle or motorvehicle part has been held for sixty (60) days or more after the notice to thedivision of motor vehicles specified in subsection (k) of this section havebeen given, the seizing agency or its agent shall cause the motor vehicle ormotor vehicle part to be sold at public sale to the highest bidder. Notice ofthe time and place of sale shall be posted in a conspicuous place for at leastthirty (30) days prior to the sale of the premises where the motor vehicle ormotor vehicle part has been stored.
(n) When a seized unidentifiable motor vehicle or motorvehicle part has an apparent value of one thousand dollars ($1,000) or less,the seizing agency shall authorize the disposal of the motor vehicle or motorvehicle part, provided that no disposition shall be made less than sixty (60)days after the date of seizure.
(o) The proceeds of the public sale of an unidentifiablemotor vehicle or motor vehicle part shall be deposited in the general fund ofthe state after deduction of any reasonable and necessary towing and storagecharges.
(p) Seizing agencies will utilize their best efforts toarrange for the towing and storing of motor vehicles and motor vehicles partsin the most economical manner possible. In no event shall the owner of a motorvehicle or a motor vehicle part be required to pay more than the minimumreasonable costs of towing and storage.
(q) A seized motor vehicle or motor vehicle part that isneither forfeited nor unidentifiable shall be held subject to the order of thecourt in which the criminal action is pending or, if a request for its releasefrom custody is made until the attorney general has notified the defendant orthe defendant's attorney of the request and both the prosecution and defensehave been afforded a reasonable opportunity for an examination of the propertyto determine its true value and to produce or reproduce, by photographs orother identifying techniques, legally sufficient evidence for introduction attrial or other criminal proceedings. Upon expiration of a reasonable time forthe completion of the examination which shall not exceed fourteen (14) daysfrom the date of service upon the defense of the notice of request for returnof property as provided in this chapter, the property shall be released to theperson making the request after satisfactory proof of the person's entitlementto the possession of it. However, upon application by either party with noticeto the other, the court may order retention of the property if it determinesthat retention is necessary in the furtherance of justice.
(r) When a seized vehicle is forfeited, restored to itsowner, or disposed of as unidentifiable, the seizing agency shall retain areport of the transaction for a period of at least one year from the date ofthe transaction.
(s) When an applicant for a certificate of title or salvagecertificate presents to the division of motor vehicles proof that the applicantpurchased or acquired a motor vehicle at a public sale conducted pursuant tothis section and that fact is attested to by the seizing agency, the divisionof motor vehicles shall issue a certificate of title, salvage certificate forthe motor vehicle upon receipt of the statutory fee, properly executedapplication for a certificate of title, or other certificate of ownership, andthe affidavit of the seizing agency that a state-assigned number was appliedfor and affixed to the motor vehicle proper to the time that the motor vehiclewas released by the seizing agency to the purchaser.
§ 31-48-5 Forfeiture. – (a) The following are subject to forfeiture unless obtained by theft, fraud orconspiracy to defraud and the rightful owner is known or can be identified andlocated:
(1) Any tool,
(2) Any implement, or
(3) Any instrumentality, including, but not limited to, anymotor vehicle or motor vehicle part, whether owned or not owned by the personfrom whose possession or control it was seized, which is used or possessedeither in violation of § 31-48-3 or to promote or facilitate a violationof § 31-48-3.
(b) Any motor vehicle, other conveyance, or motor vehiclepart used by any person as a common carrier is subject to forfeiture under thissection where the owner or other person in charge of the motor vehicle, otherconveyance, or motor vehicle part is a consenting party to a violation of§ 31-48-3.
(c) Any motor vehicle, motor vehicle part, other conveyance,tool, implement, or instrumentality is not subject to forfeiture under thissection by reason of any act or omission which the owner proves to have beencommitted or omitted without the owner's knowledge or consent.
(2) Seizing agencies will utilize their best efforts toidentify any seized motor vehicle or motor vehicle part to determine ownershipor the identity of any person having a right or interest in a seized motorvehicle or motor vehicle part. In its reasonable identification and ownerlocation attempts, the seizing agency will cause the stolen motor vehicle filesof the local or state police to be searched for stolen or wanted information onmotor vehicles similar to the seized motor vehicle or consistent with theseized motor vehicle part.
(d) Where a motor vehicle or motor vehicle part has anapparent value in excess of one thousand dollars ($1,000):
(1) The seizing agency shall consult with an expert, eitherlaw enforcement investigative personnel specially trained and experienced inmotor vehicle theft investigative procedures and motor vehicle identificationexamination techniques, or by expert employees of not-for-profit motor vehicletheft prevention agencies specially trained and experienced in motor vehicletheft investigation procedures and motor vehicle identification examinationtechnique.
(2) The seizing agency shall also request searches of theon-line and off-line files of the National Crime Information Center (NCIC) andthe National Automobile Theft Bureau (NATB) when the local or state policefiles have been searched with negative results.
(e) A forfeiture of a motor vehicle, motor vehicle part, orother conveyance encumbered by a bona fide security interest is subject to theinterest of the secured party where the secured party neither had knowledge ofnor consented to the act or omission forming the ground for the forfeiture.
(f) Property, described in subsection (a) of this section,seized and held for forfeiture, shall not be subject to replevin and is subjectonly to the order and judgments of a court of competent jurisdiction hearingthe forfeiture proceedings.
(g) The attorney general shall bring an action for forfeiturein a court of competent jurisdiction. The forfeiture action shall be broughtwithin sixty (60) days from the date of seizure except where the attorneygeneral, by sound exercise of discretion determines that no forfeiture actionshould be brought because of the rights of property owners, lienholders, orsecured creditors, or because of exculpatory, exonerating, or mitigating factsand circumstances.
(2) The attorney general shall give notice of the forfeitureproceeding by mailing a copy of the complaint in the forfeiture proceeding toeach person whose right, title, or interest is of record in the division ofmotor vehicles, or any other department or agency of the state, or any otherstate or territory of the United States, or of the federal government if thatproperty is required to be registered in any department.
(3) Notice of the proceeding shall be given to any otherperson as may appear, from the facts and circumstances, to have any right,title, or interest in or to the property.
(4) The owner of the property, or any person having, orclaiming, right, title, or interest in the property may within sixty (60) daysafter the mailing of the notice file a verified answer to the complaint and mayappear at the hearing on the action for forfeiture.
(5) The attorney general shall show at a forfeiture hearing,by a preponderance of the evidence, that the property was used in thecommission of a violation of § 31-48-3, or was used or possessed tofacilitate the violation.
(6) The owner of property may show by a preponderance of theevidence that the owner did not know, and did not have reason to know, that theproperty was to be used or possessed in the commission of any violation or thatany of the exceptions to forfeiture are applicable.
(7) Unless the attorney general shall make the showingrequired of it, the court shall order the property released to the owner. Wherethe attorney general has made that showing, the court may order:
(i) The property be destroyed by the agency which seized itor some other agency designated by the court,
(ii) The property be delivered and retained for use by theagency which seized it or some other agency designated by the court, or
(iii) The property be sold at public sale.
(h) A copy of a forfeiture order shall be filed with eachfederal or state department with which the property is required to beregistered. The order, when filed, constitutes authority for the issuance tothe agency to whom the property is delivered and retained for use or to anypurchaser of the property of a title certificate, registration certificate, orother special certificate as may be required by law considering the conditionof the property.
(i) Proceeds from sale at public auction, after payment ofall reasonable charges and expenses incurred by the agency designated by thecourt to conduct the sale in storing and selling the property, shall be paid tothe general fund of the state of Rhode Island.
(j) No motor vehicle, either seized under § 31-48-4 orforfeited under this section, shall be released by the seizing agency or usedor sold by an agency designated by the court unless any altered, counterfeited,defaced, destroyed, disguised, falsified, forged, obliterated, or removedvehicle identification number is corrected by the issuance and affixing ofeither an assigned or replacement vehicle identification number plate as may beappropriate under laws or regulations of this state.
(k) No motor vehicle part having any altered, counterfeited,defaced, destroyed, disguised, falsified, forged, obliterated, or removedvehicle identification number may be disposed of upon forfeiture except by itsdestruction. This provision shall not apply to any motor vehicle part which isassembled with and constitutes part of a motor vehicle.
(l) No motor vehicle or motor vehicle part shall be forfeitedunder this section solely on the basis that it is unidentifiable. Instead offorfeiture, any seized motor vehicle or motor vehicle part which isunidentifiable shall be the subject of a written report sent by the seizingagency to the division of motor vehicles, which report shall include adescription of the motor vehicle or motor vehicle part, its color, if any, thedate, time, and place of its seizure, the name of the person from whosepossession or control it was seized, the grounds for its seizure, and thelocation where the same is held or stored.
(m) When a seized unidentifiable motor vehicle or motorvehicle part has been held for sixty (60) days or more after the notice to thedivision of motor vehicles specified in subsection (k) of this section havebeen given, the seizing agency or its agent shall cause the motor vehicle ormotor vehicle part to be sold at public sale to the highest bidder. Notice ofthe time and place of sale shall be posted in a conspicuous place for at leastthirty (30) days prior to the sale of the premises where the motor vehicle ormotor vehicle part has been stored.
(n) When a seized unidentifiable motor vehicle or motorvehicle part has an apparent value of one thousand dollars ($1,000) or less,the seizing agency shall authorize the disposal of the motor vehicle or motorvehicle part, provided that no disposition shall be made less than sixty (60)days after the date of seizure.
(o) The proceeds of the public sale of an unidentifiablemotor vehicle or motor vehicle part shall be deposited in the general fund ofthe state after deduction of any reasonable and necessary towing and storagecharges.
(p) Seizing agencies will utilize their best efforts toarrange for the towing and storing of motor vehicles and motor vehicles partsin the most economical manner possible. In no event shall the owner of a motorvehicle or a motor vehicle part be required to pay more than the minimumreasonable costs of towing and storage.
(q) A seized motor vehicle or motor vehicle part that isneither forfeited nor unidentifiable shall be held subject to the order of thecourt in which the criminal action is pending or, if a request for its releasefrom custody is made until the attorney general has notified the defendant orthe defendant's attorney of the request and both the prosecution and defensehave been afforded a reasonable opportunity for an examination of the propertyto determine its true value and to produce or reproduce, by photographs orother identifying techniques, legally sufficient evidence for introduction attrial or other criminal proceedings. Upon expiration of a reasonable time forthe completion of the examination which shall not exceed fourteen (14) daysfrom the date of service upon the defense of the notice of request for returnof property as provided in this chapter, the property shall be released to theperson making the request after satisfactory proof of the person's entitlementto the possession of it. However, upon application by either party with noticeto the other, the court may order retention of the property if it determinesthat retention is necessary in the furtherance of justice.
(r) When a seized vehicle is forfeited, restored to itsowner, or disposed of as unidentifiable, the seizing agency shall retain areport of the transaction for a period of at least one year from the date ofthe transaction.
(s) When an applicant for a certificate of title or salvagecertificate presents to the division of motor vehicles proof that the applicantpurchased or acquired a motor vehicle at a public sale conducted pursuant tothis section and that fact is attested to by the seizing agency, the divisionof motor vehicles shall issue a certificate of title, salvage certificate forthe motor vehicle upon receipt of the statutory fee, properly executedapplication for a certificate of title, or other certificate of ownership, andthe affidavit of the seizing agency that a state-assigned number was appliedfor and affixed to the motor vehicle proper to the time that the motor vehiclewas released by the seizing agency to the purchaser.
