32B-4-206 (Effective 07/01/11) - Searches, seizures, forfeitures, and fines.
32B-4-206 (Effective 07/01/11). Searches, seizures, forfeitures, and fines.
(1) The following are subject to forfeiture pursuant to Title 24, Chapter 1, Utah UniformForfeiture Procedures Act:
(a) an alcoholic product possessed, purchased, used, stored, sold, offered for sale,furnished, given, received, warehoused, manufactured, distributed, shipped, carried, transported,or adulterated in violation of this title or commission rules;
(b) a package or property used or intended for use as a package for an alcoholic productin violation of this title or commission rules;
(c) raw materials, products, and equipment used, or intended for use, in manufacturing,processing, delivering, importing, exporting, or adulterating an alcoholic product in violation ofthis title or commission rules;
(d) implements, furniture, fixtures, or other personal property used or kept for a violationof this title or commission rules;
(e) conveyances including an aircraft, vehicle, or vessel 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) a record used or intended for use in violation of this title or commission rules.
(2) (a) Property subject to forfeiture under this title may be seized by a peace officer ofthis state or any other person authorized by law upon process issued by a court havingjurisdiction over the property in accordance with the Utah Rules of Criminal Procedure relatingto search warrants or administrative warrants.
(b) Notwithstanding Subsection (2)(a), seizure without process may be made when:
(i) the seizure is incident to an arrest or search under a search warrant or an inspectionunder an administrative inspection warrant;
(ii) 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;
(iii) 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
(iv) 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 property is seized pursuant to a search or administrative warrant, a peace officer orother person authorized by law shall comply with the requirements of the Utah Rules of CriminalProcedure.
(4) (a) If property is seized without process:
(i) the peace officer or other person authorized by law shall make a return of the peaceofficer's or person's acts without delay directly to the district court of the county in which theproperty was located; and
(ii) the district court shall have jurisdiction of the case.
(b) A return shall describe:
(i) the property seized;
(ii) the place where the property is seized; and
(iii) any person in apparent possession of the property.
(c) A peace officer or other person described in Subsection (4)(a) shall promptly:
(i) deliver a written inventory of anything seized to any person in apparent authority at
the premises where the seizure is made; or
(ii) post a written inventory of anything seized in a conspicuous place at the premises.
(d) A written inventory under this Subsection (4) shall state the place where the propertyis 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 courtor 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:
(i) the person or agency; or
(ii) the warrant under which the property is seized; or
(c) take custody of the property and remove the property to an appropriate location fordisposition in accordance with law.
(6) When property is subject to forfeiture under this section, a proceeding shall beinstituted in accordance with Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(7) When property is ordered forfeited under Title 24, Chapter 1, Utah UniformForfeiture Procedures Act, by a finding of a court that no person is entitled to recover theproperty, the property, if an alcohol package or product used as a package for an alcoholicproduct, shall be disposed of as follows:
(a) An alcoholic product shall be sold in accordance with Section 24-1-17 if the alcoholicproduct is:
(i) unadulterated, pure, and free from crude, unrectified, or impure form of ethylicalcohol, or any other deleterious substance or liquid; and
(ii) otherwise in saleable condition.
(b) If the alcoholic product is impure, adulterated, or otherwise unfit for sale, thedepartment shall destroy the alcoholic product and its package under competent supervision.
(8) Except when otherwise provided, a fine or forfeiture levied under this title shall bepaid to the county treasurer of the county in which the prosecution occurred.
Enacted by Chapter 276, 2010 General Session