§ 20-45. Seizure of documents and plates.
§ 20‑45. Seizure ofdocuments and plates.
(a) The Division ishereby authorized to take possession of any certificate of title, registrationcard, permit, license, or registration plate issued by it upon expiration,revocation, cancellation, or suspension thereof, or which is fictitious, orwhich has been unlawfully or erroneously issued, or which has been unlawfullyused.
(b) The Division maygive notice to the owner, licensee or lessee of its authority to takepossession of any certificate of title, registration card, permit, license, orregistration plate issued by it and require that person to surrender it to theCommissioner or his officers or agents. Any person who fails to surrender thecertificate of title, registration card, permit, license, or registration plateor any duplicate thereof, upon personal service of notice or within 10 daysafter receipt of notice by mail as provided in G.S. 20‑48, shall beguilty of a Class 2 misdemeanor.
(c) Any sworn lawenforcement officer with jurisdiction, including a member of the State HighwayPatrol, is authorized to seize the certificate of title, registration card,permit, license, or registration plate, if the officer has electronic or othernotification from the Division that the item has been revoked or cancelled, orotherwise has probable cause to believe that the item has been revoked orcancelled under any law or statute, including G.S. 20‑309(e). If acriminal proceeding relating to a certificate of title, registration card,permit, or license is pending, the law enforcement officer in possession ofthat item shall retain the item pending the entry of a final judgment by acourt with jurisdiction. If there is no criminal proceeding pending, the lawenforcement officer shall deliver the item to the Division.
(d) Any law enforcementofficer who seizes a registration plate pursuant to this section shall reportthe seizure to the Division within 48 hours of the seizure and shall return theregistration plate, but not a fictitious registration plate, to the Divisionwithin 10 business days of the seizure. (1937, c. 407, s. 10; 1975, c. 716, s. 5; 1981, c.938, s. 2; 1993, c. 539, s. 329; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑357,s. 1; 2006‑105, ss. 2.1, 2.2; 2006‑264, s. 98.1.)