State Codes and Statutes

Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-75

34-20B-75. Seizure without process of property subject to forfeiture. Seizure of property subject to forfeiture under this chapter may be made without process issued under § 34-20B-74 when:
(1) The seizure is incident to an arrest or a search under a search warrant, or an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;
(3) The peace officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The peace officer or agent has probable cause to believe that the property has been used or intended to be used in violation of this chapter.

Source: SL 1970, ch 229, § 11 (e) (2); SDCL Supp, § 39-17-133.