§ 11-19-24 - Search warrants and forfeitures of gambling apparatus.
SECTION 11-19-24
§ 11-19-24 Search warrants and forfeituresof gambling apparatus. – (a) Search warrants to search for and seize gambling implements, apparatus,paraphernalia, slips, tickets, and other property and devices kept, possessedor used in violation of any of the provisions of this chapter, or as a means ofcommitting a violation of this chapter, may be issued as provided by law inchapter 5 of title 12; and all implements, apparatus, paraphernalia, slips,tickets, or other gambling apparatus or devices found by any officer inexecuting a search warrant or which shall be produced and brought into courtshall be forfeited to the state, and further proceedings shall be had thereonfor their forfeiture as is prescribed by law in chapter 21 of title 12 and uponentry of final judgment of forfeiture shall be destroyed by order of the court.
(2) In addition, those items of personal property other thangambling apparatus and devices, including, but not limited to, motor vehiclesand money or negotiable instruments which were kept, possessed, or used inviolation of any of the provisions of this chapter and which have a monetaryvalue may be seized and forfeited, and further proceedings shall be had fortheir forfeiture as is prescribed by law in chapter 21 of title 12 and thefurther provisions of this section; provided, that no property or money used byany person shall be forfeited under the provisions of this chapter unless itshall appear that the owner of the property or money had knowledge, actual orconstructive, and was a consenting party to the alleged illegal act.
(b) Property taken or detained under this section shall notbe repleviable, but shall be deemed to be in the custody of the law enforcementagency making the seizure and whenever property or money is forfeited underthis chapter it shall be utilized as follows:
(1) Where the seized property is a vessel, vehicle, aircraft,or other personal property, it may be retained and used by the law enforcementagency that seized the property where the use of the property is reasonablyrelated to the law enforcement duties of the seizing agency. If the seizedproperty is a motor vehicle which is inappropriate for use by law enforcementagency due to style, size or color, the seizing agency shall be allowed toapply the proceeds of sale or the trade in value of the vehicle towards thepurchase of an appropriate vehicle for use for activities reasonably related tolaw enforcement duties.
(2) The law enforcement agency may sell any forfeitedproperty which is not required by this chapter to be destroyed and which is notharmful to the public. The proceeds from the sale are to be distributed inaccordance with subdivision (3) of this subsection.
(3) As to the proceeds from the sale of seized property asreferred to in subdivision (2) of this subsection and as to personal propertyreferred to in subsection (a) of this section, the distribution shall be asfollows:
(i) All proceeds of the forfeiture of real or personalproperty shall be distributed as follows:
(A) Twenty percent (20%) of the proceeds shall be provided tothe attorney general's department to be used to further law enforcementactivities pursuant to this chapter including, but not limited to,investigations, prosecutions, and the administration of this chapter.
(B) Eighty percent (80%) of the proceeds shall be dividedamong the state and local law enforcement agencies proportionately based upontheir contribution to the investigation of the criminal activity related to theasset being forfeited.
(ii) The law enforcement agencies involved in theinvestigation with the assistance of the attorney general shall by agreementdetermine the respective proportionate share to be received by each agency. Ifthe agencies are unable to reach agreement, application shall be made by one ormore of the agencies involved to the presiding justice of the superior court,who shall determine the respective proportionate share attributable to each lawenforcement agency. The proceeds from all forfeitures shall be held by thegeneral treasurer in a separate account until such time as an allocation isdetermined by agreement of the agencies or by the presiding justice. It shallbe the duty and responsibility of the general treasurer to disburse theallocated funds from the separate account to the respective law enforcementagencies.