76-3-501 - Vehicle subject to forfeiture -- Seizure -- Procedure.
76-3-501. Vehicle subject to forfeiture -- Seizure -- Procedure.
(1) Any vehicle used in the commission of, attempt to commit, or flight after commissionof any felony in which a firearm or other dangerous weapon as defined in Section 76-10-501, orexplosive, chemical, or incendiary device or parts as defined in Section 76-10-306 is used, or anyvehicle used in the commission of the illegal possession or sale of a firearm in or from thevehicle, is subject to forfeiture.
(2) Vehicles subject to forfeiture under this section may be seized by any peace officer ofthis state upon process issued by any court having jurisdiction over the vehicle. However, seizurewithout process may be made when:
(a) the seizure is incident to a lawful arrest, with or without an arrest warrant;
(b) the vehicle is seized incident to a lawful search with or without a search warrant or aninspection under an administrative inspection warrant;
(c) the vehicle subject to seizure has been the subject of a prior judgment in favor of thestate in a criminal injunction or forfeiture proceeding; or
(d) the peace officer seizing the vehicle has probable cause to believe that the vehicle hasbeen used or is intended to be used in violation of this section and the peace officer reasonablybelieves that the vehicle will be lost, damaged, or used in further violation of law if the officerdelays seizure to obtain a warrant.
(3) Forfeiture proceedings under this section shall be instituted promptly in accordancewith the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform ForfeitureProcedures Act.
(4) Any vehicle taken or detained under this section is not repleviable but is in custody ofthe law enforcement agency making the seizure, subject only to the orders and decrees of thecourt or the official having jurisdiction. When a vehicle is seized under this chapter theappropriate person or agency may:
(a) remove the vehicle to a place designated by the court, official, or the warrant underwhich the vehicle was seized; or
(b) take custody of the vehicle and remove it to an appropriate location for disposition inaccordance with law.
Amended by Chapter 185, 2002 General Session