State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-13 > 32a-13-103-repealed-07-01-1132A-13-103 (Repealed 07/01/11). Searches, seizures, and forfeitures.
(1) The following are subject to forfeiture pursuant to the procedures and substantiveprotections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act:
(a) all alcoholic products possessed, used, offered for sale, sold, given, furnished,supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried,transported, or distributed in violation of this title or commission rules;
(b) all packages or property used or intended for use as a container for an alcoholicproduct in violation of this title or commission rules;
(c) all raw materials, products, and equipment used, or intended for use, inmanufacturing, processing, adulterating, delivering, importing, or exporting any alcoholicproduct in violation of this title or commission rules;
(d) all implements, furniture, fixtures, or other personal property used or kept for anyviolation of this title or commission rules;
(e) all conveyances including aircraft, vehicles, or vessels used or intended for use, totransport or in any manner facilitate the transportation, sale, receipt, possession, or concealmentof property described in Subsection (1)(a), (b), (c), or (d); and
(f) all books, records, receipts, ledgers, or other documents used or intended for use inviolation of this title or commission rules.
(2) Any of the property subject to forfeiture under this title may be seized by any peaceofficer of this state or any other person authorized by law upon process issued by any courthaving jurisdiction over the property in accordance with the Utah Rules of Criminal Procedurerelating to search warrants or administrative warrants. However, seizure without process may bemade when:
(a) the seizure is incident to an arrest or search under a search warrant or an inspectionunder an administrative inspection warrant;
(b) the property subject to seizure has been the subject of a prior judgment in favor of thestate in a criminal injunction or forfeiture proceeding under this title;
(c) the peace officer or other person authorized by law has probable cause to believe thatthe property is directly or indirectly dangerous to health or safety; or
(d) the peace officer or other person authorized by law has probable cause to believe thatthe property is being or has been used, intended to be used, held, or kept in violation of this titleor commission rules.
(3) If the property is seized pursuant to a search or administrative warrant, the peaceofficer or other person authorized by law shall comply with the requirements of the Utah Rules ofCriminal Procedure.
(4) In the event of seizure of property without process, the peace officer or other personauthorized by law shall make a return of his acts without delay directly to the district court of thecounty in which the property was located, and the district court shall have jurisdiction of the case. The return shall describe all property seized, the place where it was seized, and any persons inapparent possession of the property. The officer or other person shall also promptly deliver awritten inventory of anything seized to any person in apparent authority at the premises where theseizure was made, or post it in a conspicuous place at the premises. The inventory shall state theplace where the property is being held.
(5) Property taken or detained under this section is not repleviable but is considered incustody of the law enforcement agency making the seizure subject only to the orders of the court
or the official having jurisdiction. When property is seized under this title, the appropriateperson or agency may:
(a) place the property under seal;
(b) remove the property to a place designated by it or the warrant under which it wasseized; or
(c) take custody of the property and remove it to an appropriate location for dispositionin accordance with law.
(6) When any property is subject to forfeiture under this section, proceedings shall beinstituted in accordance with the procedures and substantive protections of Title 24, Chapter 1,Utah Uniform Forfeiture Procedures Act.
(7) When any property is ordered forfeited under Title 24, Chapter 1, Utah UniformForfeiture Procedures Act, by a finding of the court that no person is entitled to recover theproperty, the property, if an alcoholic product or a package used as a container for an alcoholicproduct, shall be disposed of as follows:
(a) If the alcoholic product is unadulterated, pure, and free from crude, unrectified, orimpure form of ethylic alcohol, or any other deleterious substance or liquid, and is otherwise insaleable condition, it shall be sold in accordance with Section 24-1-17.
(b) If the alcoholic product is impure, adulterated, or otherwise unfit for sale, it and itspackage or container shall be destroyed by the department under competent supervision.
Amended by Chapter 153, 2007 General Session
Amended by Chapter 180, 2007 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 306, 2007 General Session
