63-25-7 - Seizure of property.
§ 63-25-7. Seizure of property.
(1) Any motor vehicle or motor vehicle part with vehicle identification numbers or marks which have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated or removed may be seized and detained by law enforcement officials for a determination of the true identity of such property. Any such property seized by law enforcement officials, when ownership cannot be determined, shall be contraband and subject to forfeiture.
(2) Any tool, implement or instrumentality used or possessed in connection with any violation of Section 63-25-5, may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
(3) Seizure of property described in subsections (1) or (2) of this section may be made by a member of a state or local law enforcement agency without process:
(a) If in accordance with any applicable law or regulation;
(b) If the seizure is incident to inspection under an administrative inspection;
(c) If the seizure is incident to search made under a search warrant;
(d) If the seizure is incident to a lawful arrest;
(e) If the seizure is made pursuant to a valid consent to search;
(f) If 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 pursuant to Sections 63-25-1 through 63-25-11;
(g) If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety; or
(h) If the property is a motor vehicle or motor vehicle part seized pursuant to subsection (1) of this section.
(4) When property is seized pursuant to this section, the seizing agency may remove the property to a place selected and designated by the seizing agency.
(5) No civil liability shall be attached to any law enforcement officer acting in good faith in regard to the seizure and forfeiture of motor vehicles, motor vehicle parts, tools, implements or instrumentalities pursuant to Sections 63-25-1 through 63-25-11.
Sources: Laws, 1989, ch. 469, § 4, eff from and after July 1, 1989.